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Agenda 12-06-22
The City of tix Boynton Beach City Commission Agenda Tuesday, December 6, 2022, 6:00 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Angela Cruz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) Daniel Dugger, City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boy nton-beach.org Page 1 of 1066 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who 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 cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: Page 2 of 1066 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1066 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call I nvocation by Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other 3. Announcements, Community And Special Events And Presentations A. Announcement regarding, Pearl Harbor Remembrance Day Ceremony being hosted by the Boynton Beach Veterans Task Force and the City of Boynton Beach Recreation & Parks Department. The ceremony is being held at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Wednesday, December 7th, starting at 11:00 AM. The event is free and open to the public. B. Announcement regarding, Oceanfront Bark Boynton Beach's Dog "Paw-ty" on the Beach. The event is being held on Saturday, December 17th, from 9:00 AM to 12:00 PM, at Oceanfront Park located at 6415 N. Ocean Blvd. This is the second of four scheduled events being held the third Saturday of each month thru February. This is a free event for all well behaved, licensed dogs and their owners. Dogs will allowed off leash in a designated fenced area. Parking is free during Oceanfront Bark for all beach patrons from 9:00 AM to 12:00 PM. C. Announcement regarding, the Harvey E. Oyer Park Boat Ramp Ribbon Cutting Ceremony being held on Saturday December 17th, starting at 11:30 am. The ceremony is being held to recognize the completion of the boat ramp renovation project and re-opening of the boat ramp for the public. Parking Fees will be waived on December 17th from 8:00 AM to 5:00 PM. D. Proclamation recognizing December 2022, as Impaired Driving Awareness Month. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. 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. B. Review and approve the proposed Commission Meeting Schedule for 2023. C. Discuss use of Community Support Funds. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Page 4 of 1066 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 6, 2022 - "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of October 2022. C. Proposed Resolution No. R22-172-Approve and authorize the City Manager to sign Community Development Block Grant Subrecipient Agreements, with Boynton Beach Faith-Based Community Development Corporation, Inc., to provide housing related activities. D. Proposed Resolution No. R22-173- Approve and Authorize the City Manager to sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement for the San Castle Neighborhood Improvement Project funded by the Department of Economic Opportunity (DEO) in the amount of$16,500,000. E. Proposed Resolution No. R22-174- Approve the Building Division Fee schedule to establish new fees for the Building Recertification Inspection Program, eliminating electronic plans service fees and modifying private provider refund calculations. F. Proposed Resolution No. R22-175- Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Howard Brown for a vacant parcel located at 319 NE 12th Avenue. G. Accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. H. Proposed Resolution R22-176-Approve and authorize the City Manager to sign an amendment to the current agreement with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services. I. Proposed Resolution R22-177 Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 100.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-178-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 102.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-179-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 107.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-180-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 109.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-181-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 117.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange Improvements project. J. Approve minutes from the November 14, 2022 City Commission Meeting. 7. Consent Bids And Purchases Over$100,000 A. 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 6, 2022 - "Request for Extensions and/or Piggybacks." Page 5 of 1066 B. Proposed Resolution No. R22-182- Approve and authorize the City Manager to sign a piggy- back Agreement for the purchase OT Cyber and Network Design Services from GrayMatter Systems, LLC of Warrendale, PA in the amount of $71,205 utilizing Collier County contract 17- 7189 and Approve and authorize the City Manager to sign a piggy-back Agreement for the purchase of network equipment from GrayMatter Systems LLC of Warrendale, PA in the amount of$313,529.55 utilizing GSA schedule 47QSWA18D008F. The Collier County and GSA contracts comply with the City of Boynton Beach's competitive bid requirements. 8. Public Hearing - None 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 22-025 - Second Reading - Approve an amendment to the Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building Milestone I nspection program. 9. City Manager's Report - None 10. Unfinished Business A. Amend ARPA Small Business Assistance Grant Program guidelines and funding from$345,000 to $350,000. B. Approve the use of ARPA funding in the amount of $774,000 to Boynton Beach's eight (8) Title 1 public schools and Imagine Chancellor Charter. The funding will be allocated accordingly and sub- recipient agreements will be brought back to Commission for final approval: Freedom Shores- $92,000 Forest Park Elementary - $80,000 Poinciana STEM Elementary - $92,000 Galaxy Elementary - $100,000 Crosspointe Elementary - $100,000 Rolling Green - $100,000 Congress Middle- $100,000 Boynton Beach Community High - $100,000 Imagine-Chancellor Charter School - $10,000 C. Approve the use of ARPA funding in the amount of $350,000 to develop and implement the Boynton Beach Internship Program for high school and college students. D. Approve the use of American Rescue Plan Funds in the amount of $50,000 to go to the Wounded Veterans Relief Fund. A sub-recipient agreement will be brought back to Commission for final approval. 11. New Business A. Presentation by Poonam Kalkat, Director of Utilities and Mario Guzman, Director of Public Works on the status of infrastructure within the City. 12. Legal A. Proposed Ordinance No. 22-024- First Reading - Approve the establishment of the Mixed Use Downtown (MU-DT) zoning district (CDRV 22-004) amending Part 11 Land Development Page 6 of 1066 Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). 13. Future Agenda Items A. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023. B. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - January 2023 C. Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - January 2023 D. Consider revised local rules for approval. - January 2023 E. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. - TBD F. Discussion regarding the potential research into a coral reef at oceanfront park to attract tourism and help repair damage caused by humans to the environment, requested by Commissioner Turkin- TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. 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Announcements, Community and Special Events and Presentations 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proclamation recognizing December 2022, as Impaired Driving Awareness Month. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. Explanation of Request: The City of Boynton Beach recognizes the importance of honoring those who have been killed or injured in drunk and drugged driving crashes, as a result of alcohol or substance impaired driving consequences, as well as anyone who has been emotionally devastated by these violent crimes. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation Page 9 of 1066 lay proclamation WHEREAS, the City of Boynton Beach recognizes the importance of honoring those who have been killed or injured in drunk and drugged driving crashes, as a result of any alcohol or substance-impaired driving consequences, as well as anyone who has been emotionally devastated by these violent crimes; and WHEREAS, in 2021 Palm Beach County had 2,935 drivers arrested for driving under the influence of alcohol or narcotics, there were 1,087 total crashes, 61 serious injuries, and 35 fatalities all caused by impaired drivers; and WHEREAS, November through December, which is National Impaired Driving Awareness Month, are the deadliest months of the year for drunk driving crashes; and WHEREAS, Mothers Against Drunk Driving, Palm Beach County Victim Services & Certified Rape Crisis Center, and the Boynton Beach Police Department will host a candlelight vigil in the City of Boynton Beach on December 7t'to honor victims and survivors; and WHEREAS, all citizens are urged to join in the local efforts to raise awareness and to honor the lives of those killed or injured as a result of drunk driving, drugged driving, or underage drinking consequences: and NOW, THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the Month of December, Two Thousand Twenty-Two as: IMPAIRED DRIVING AWARENESS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach Florida,the 6t'day of December, Two Thousand Twenty-Two. Ty Penserga,Mayor ATTEST: Maylee De Jesus,MMC City Clerk 5.A. Administrative 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 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 vacancies on the various Advisory Boards, with the designated Commissioner having the responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Appointments and Applicants for 12-06-22 Attachment Rlorfus, Victor- Historic Resources Preservation Board D Attachment Kelley, Mike- Police Officers Pension Board Page 11 of 1066 Appointments and Applicants for December 6, 2022 Education and Youth Advisory Board IV Kelley Student 1-year term Mayor Penserga Student 1-year term Applicants: None Employees' Pension Plan Board III Turkin Reg 3-year term Applicants: None Historic Resources Preservation Board IV Kelley Reg 2-year term Mayor Penserga Alt 1-year term Applicant: Victor Norfus Library Board Mayor Penserga Alt 1-year term Applicants: None Police Officers' Retirement Trust Fund Mayor Penserga Reg 4-year term Vice Mayor Cruz Reg 4-year term Applicant: Mike Kelley, seeking reappointment Page 12 of 1066 Stanzione, Tammy From: City Clerk Sent: Wednesday, November 16, 2022 7:52 AM To: Stan Ione,Tammy Subject: FW:Advisory Board Appointment application From:victord362 <no reply@ 123fo mn bu ilde r.com> Sent-Tuesday, November 15, 2022 7:16 PM To:City Clerk<CityClerk@bbflus> Subject:Advisory Board Appointment application Today's date 11/15/2022 Name victor norfus Phone number 561-601-0790 Address 225 North West 6th Avenue Boynton Beach 33435 United States Email victord362CrDRmail.com Current occupation or, if retired-Computer Software Analyst retired,prior occupation Education IRS Computer Information Systems 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 Yes board in the past? If"yes",which board(s)and Parks and Recreation when? Community Relations Board Have you ever been convicted No of a crime? if"yes",when and where? Advisory Board Historic Resources Preservation Board Page 13 of 1066 if appointed by the City ii Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications US Air force Veteran-Honor Guardsman,Computer Information Management Black History Historian Boynton Beach -wrote Boynton black history book called Foundations of Faith for Boynton Beach historical Society Working on Historic Meeks Family Home of Boynton Beach - Meeks Subdivision designated historic location state of Florida and Boynton beach I research Roberts Subdivision and Wells subdivisions in Boynton beach-result was Wells Proclamation and Well Memorial Avenue Marker Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.228.245.186(United States)at 2022-11-15 19:16:23 on Chrome 107.0.0.0 Entry ID:575 Referrer:httgs www.boynton-beach.orgj Form Host.https:Ilform.123formbuilder.com 5832141adviso -board-ap_ ointment-appl:caflon 1. 2 Page 14 of 1066 S tanzione, Tamm From: City Clerk Sent: Tuesday, November 15, 2022 2:24 PM To: Stanzione, Tammy Subject: FW-.Advisory Board Appointment application From- mA709<noreply@123formbuilder.com> Sent.Tuesday, November 15, 2022 2:22 PM To:City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 11/15/2022 Name Michael Kelley Phone number Address Email Current occupation or, if Police Captain 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 business No within City limits? If"yes",name of business:. Are you currently serving on a Yes City board? Have you served on a City No board in the past? If"yes",which board(s)and Boynton Beach Police Officers Municipal Pension Board II when? Have you ever been convicted No of a crime? if"yes",when and where? Advisory Board Police Officers' Retirement Page 15 of 1066 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I have been employed with the Boynton Beach Police Department since October 1, 1998 and have worked in,supervised or commanded almost everyunit in the Police Department. I have faithfully served as a Police Pension Trustee during my current appointment. I have an extensive knowledge of Roberts Rules of order and have served on Special Taxing Districts and as a Palm Beach County Planning and Zoning Commissioner. I have 24 years experience as member, Regional President-Director and Legislative Chairman in the Florida State Fraternal Order of Police. Professional Memberships Feel free to attach/upload an extra sheet or resume. 421 St Page 16 of 1066 5.B. Administrative 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Review and approve the proposed Commission Meeting Schedule for 2023. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Proposed 2023 Commission Meeting Dates Attachment Proposed 2023 Calendar Page 17 of 1066 .a 2023 Commission Meeting Schedule MENEM JANUARY 2023 1/03/2023 1/17/2023 2/07/2023 FEBRUARY 2023 2/21/2023 MARCH 2023 3/07/2023 3/21/2023 APRIL 2023 4/04/2023 4/18/2023 MAY 2023 5/02/2023 5/16/2023 JUNE 2023 6/06/2023 6/20/2023 Wed 7/05/2023 JULY 2023 7/18/2023 AUGUST 2023 08/01/2023 08/15/2023 Thur 09/07/2023 SEPTEMBER 2023* Thur 99/21/2923 OCTOBER 2023 10/03/2023 10/17/2023 11/07/2023 NOVEMBER 2023 11/21/2023 DECEMBER 2023 12/05/2023 12/19/2023 *September Meetings are tentative and dependent on Palm Beach County's Budget Meeting Schedule. 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Administrative 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Discuss use of Community Support Funds. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 20 of 1066 6.A. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for December 6, 2022 - "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 NUMBER RENEWAL TERM AMOUNT SOLICITATION Annual Beck's Towing Towing Franchise City of Boynton Beach RFP December 15, Estimated Recovery, Agreement- Towing and 004-1710-19/IT 2022 - December Expenditure Inc. Storage Services 14, 2023 $3,000 Annual Information Annual Laserfiche City of Boynton Beach Estimated Consulting, Maintenance and Support Service Agreement 010- January 5, 2023- Expenditure Inc. Services 1510-21/RW January 4, 2024 $48,000 Annual Water Conservation City of Boynton Beach RFP February 22, 2023 Estimated Tinker, LLC Education Program No. 012-2821-19/IT - February 21, Expenditure 2024 $35,000 Annual Elite Medical Medical Director for Fire- City of Boynton Beach February 3, 2023- Estimated Specialists, rescue RFP No. 005-2210-19/IT February 2, 2024 Expenditure LLC $39,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Page 21 of 1066 Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy® acs Under $100,000 D Attachment Renewal Interest Letter - Beck's Towing Recovery - 2022-2023 D Attachment Renewal Interest Letter - Tinker, LLC - 2023- 2024 D Attachment Renewal Interest Letter - Elite Medical Specialists, LLC - 2023-2024 D Attachment Renewal Interest Letter - Information Consultants, Inc. - 2023-2024 Page 22 of 1066 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 December 6, 2022 REQUESTING DEPARTMENT. POLICE DEPARTMENT CONTACT. Daniel Cline TERM: December 15, 2022 thru December 14, 2023 SOURCE FOR PURCHASE. RFP 004-1710-1911T ACCOUNT NUMBER: 001-2112-521.49-17 VENDOR(S): Beck's Towing & Recovery, Inc. ANNUAL ESTIMATE. $3,000 DESCRIPTION: On December 4, 2018 City Commission authorized the City Manager to sign agreements with Beck's Towing & Recovery, Inc. of Boynton Beach, FL for the Towing Franchise Agreement to RFP No. 024-2110-19/RW for Towing and Storage Services. The Initial Term of the Agreement for one (1) year with the option to renew for three (3) one-year terms. This renewal will be the 2nd renewal term at the same terms, conditions and pricing. Renew the agreement term from December 15, 2022 thru December 14, 2023. REQUESTING DEPARTMENT.ITS DEPARTMENT CONTACT. Fred Harris TERM: January 5, 2023 to January 4, 2024 SOURCE FOR PURCHASE. City of Boynton Beach Service Agreement No. 010-1510-21/RW ACCOUNT NUMBER: Various City Departments VENDOR(S):INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATE. $48,000 DESCRIPTION: On January 5, 2021, Commission approved the Vendor Service Agreement for the Solution Provider Services and Software Maintenance and Support of Laserfiche, the City's Enterprise Content Management System with Information Consultants, Inc. of Miami, Florida.The Agreement allows for an initial (1)year period with four(4)one-year renewal periods. The vendor has agreed to renew the Agreement for the 2nd one-year renewal term with the same prices, terms, and conditions. REQUESTING DEPARTMENT.FIRE RESCUE DEPARTMENT CONTACT. Jarvis Prince TERM: February 3, 2023 to February 2, 2024 SOURCE FOR PURCHASE. City of Boynton Beach Service RFP No. 005-2210-1911T ACCOUNT NUMBER: 001-2210-522.34-51 VENDOR(S): ELITE MEDICAL SPECIALISTS, LLC ANNUAL ESTIMATE. $39,000 DESCRIPTION: On January 15, 2019, Commission approved the City Manager to sign an Agreement with Elite Medical Specialists, LLC of Jupiter, Florida for RFP No. 005-2210-19/IT for the Medical Director for Fire-Rescue. The Agreement was for an initial three (3) year period with the option to renew for two (2) additional one-year terms at the discretion of the City and based upon mutually agreeable rates. The vendor has agreed to renew the agreement for the 2nd one-year term with the same rates, terms, and conditions. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. Chris Roschek TERM: February 22, 2023, to February 21, 2024 SOURCE FOR PURCHASE. City of Boynton Beach RFP No. 012-2821-1911T ACCOUNT NUMBER:401-2821-536.95-43 VENDOR(S): TINKER, LLC ANNUAL ESTIMATE. $35,000.00 DESCRIPTION: On February 19, 2019, Commission approved the City Manager to sign an Agreement with Tinker, LLC of Alamo, California for RFP No. 012-2821-19/IT for the Water Conservation Education Program. The Agreement was for an initial two (2)year period with the option to renew for three (3)additional one-year terms at the discretion of the City and based upon mutually agreeable rates. The vendor has agreed to renew the agreement for the V one-year term Tinker, LLC with the same terms and conditions. The City of Boynton Beach FinancelProcurement Services 100 E Ocean Avenue Baynton Beach,FL 33435 P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No;(561)742-6310 November 2, 2022 RFP.: TOWING AND STORAGE SERVICES RFP No.: 024-2110-191RW Agreement between the City of Boynton Beach and Beck's Towing& Recovery, Inc. ACRE MENT RENEWAL TERM: DECEMBER 15, 2022—DECEMBER 14,2423 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 Agreement for the following reason(s) BECK'S TOWING&RECOVERY, INC. �mt� i � NAME OF COMPANY I 4SIGTURE NAM OF REPRESENTATIVE TITLE (please print) r DATE (AREA CODE)TELEPHONE NUMBER a E-MAIL America's Gateway to the Gulf Stream Page 25 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 November 17, 2022 Joseph Thrasher, President Tinker, LLC P.O. Box 177 Alamo, CA 94507 VIA EMAIL TRANSMITTAL TO: joe.thrasherp_tinkproarams.com RFP: RFP FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT CURRENT AGREEMENT TERM: FEBRUARY 22, 2022—FEBRUARY 21, 2023 Dear Mr. Thrasher: The current agreement term for"Water Conservation Education Program" expires February 21, 2023. The agreement documents allow for three (3) additional one-year renewals. The City of Boynton Beach would like to renew this contract for its last and 3rd renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561)742-6308. Sincerely, 1*k. a�.4 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 26 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 November 17, 2022 RFP: WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and TINKER, LLC. AGREEMENT RENEWAL TERM: FEBRUARY 22, 2023—FEBRUARY 21, 2024 x Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) TINKER, LLC k— �_ _ NAME OF COMPANY SIGNATURE Joseph Thrasher President NAME OF REPRESENTATIVE TITLE (please print) 11/17/2022 925-208-4497 DATE (AREA CODE)TELEPHONE NUMBER Doe thrasherOWnkernrnnrams.Com e'-MAIL America's Gateway to the Gulf Stream Page 27 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 November 14, 2022 Kenneth A. Scheppke, MD, FAAEM Elite Medical Specialists, LLC P.O. Box 2764 Jupiter, FL 33468 VIA EMAIL TRANSMITTAL TO: KScheppke&comcast.net RFP: MEDICAL DIRECTOR FOR FIRE - RESCUE RFP No.: 005-2210-19/IT CURRENT AGREEMENT TERM: FEBRUARY 3, 2022—FEBRUARY 2, 2023 Dear Mr. Scheppke: The current agreement term for "Medical Director for the City's Emergency Medical Services Program (EMS)" expires February 2, 2023. The contract documents allow for two (2) additional one-year renewals. The City of Boynton Beach would like to renew this contract for its 2nd and last renewal 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 along with the company's update COI via email to prattt bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k. Mara Frederiksen Director of Financial Services Cc: Midline Civil, Finance Coordinator tp America's Gateway to the Gulf Stream Page 28 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 November 14, 2022 RFP: MEDICAL DIRECTOR FOR FIRE - RESCUE RFP No.: 005-2210-19/IT Agreement between the CITY OF BOYNTON BEACH and ELITE MEDICAL SPECIALISTS, LLC. AGREEMENT RENEWAL TERM: FEBRUARY 3, 2023—FEBRUARY 2, 2024 X 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) ELITE MEDICAL SPECIALISTS, LLC 94�6K lb_ffij NAME OF COMPANY SIGNATURE Kenneth A Scheppke, MD, FAEMS _President NAME OF REPRESENTATIVE TITLE (please print) November 14, 2022 _561-436-2291 DATE (AREA CODE) TELEPHONE NUMBER KScheppkeaEliteMedical.net E-MAIL America's Gateway to the Gulf Stream Page 29 of 1066 The Cihj of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 November 7, 2022 Information Consultants, Inc Attn: Pierre Smith, President 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmithgicons-inc.corn QUOTE.: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT—PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/8W CURRENT BID TERM: JANUARY 5, 2022—JANUARY 4, 2023 Dear Mr, Smith: The current bid term for"LASERFICHE ANNUAL MAINTENANCE AND SUPPORT" expires January 4, 2022, The agreement documents allow for four(4)additional one(1)year extensions. The City of Boynton Beach would like to extend the agreement for its 2nd renewal 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 grattt@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6,308. Sincerely, Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 30 of 1066 The City o Boynton Beach Finance/Procurement Services 100 E, Ocean Avenue Boynton Beach,FG 33435 P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561) 742-5310 November 7, 2022 QUOTE:. LASERFICHE ANNUAL MAINTENANCE AND SUPPORT— PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No,: 010-1510-21tRW Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC. AGREEMENT RENEWAL TERM: JANUARY 5, 2023—JANUARY 4, 2024 X 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) INFORMATION CONSULTANTS, INC, '' ,. ,7;71 ' NAME OF COMPANY SIGNATURE Pierre Smith President NAME OF REPRESENTATIVE TITLE (please Print) 11122122 _ -- (305)434-7916 DATE (AREA CODE)TELEPHONE NUMBER coroticons-inc.com -MAIL i [� America's Gateway to the Gulf Stream Page 31 of 1066 6.B. Consent Agenda 12/6/2022 City of Boynton Beach ' Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Accept the written report to the Commission for purchases over$10,000 for the month of October 2022. 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 designee is authorized to execute a purchase order on behalf of the City for such purchases under the$49,999 bid threshold for personal property, commodities, and services, or$200,000 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 designee.All backup documentation is available upon request. Below is a list of the purchases for October 2022: Purchase Order# Vendor Amount 230221 WAYNE AKERS FORD $49,590.48 230253 DAVENPORT&COMPANY LLC $33,875.00 230311 RANDY'S HOLIDAY LIGHTING $25,920.00 230312 BRANDANO DISPLAYS, INC. $18,400.00 230314 ALL COUNTIES PAI NTI NG LLC $17,570.00 230315 ALL COUNTY PAVING $36,372.00 230316 ANZCO, INC. $92,500.00 230317 FL CARIBBEAN ARCHITECTURE, INC. $19,200.00 230319 ATLANTIC SOUTHERN PAVING $163,038.00 230322 ATLANTIC SOUTHERN PAVING $12,608.84 230323 FL EAST COAST RAILWAY $15,445.95 230340 FERGUSON UNDERGROUND INC. $34,167.40 230358 GRAYSHI FT LLC $27,995.00 230363 JAVA CONNECTION LLC $15,385.00 230370 ATLANTIC SOUTHERN PAVING $10,241.90 230371 RUNBROOK, LLC $16,950.00 230402 EBSCO PUBLISHING $10,838.00 230410 EAGLE PAINTING $24,800.00 230411 AMPS. INC. $30,437.40 230412 AMPS, INC. $29,552.40 230413 AMPS, INC. $29,552.40 230414 AMPS, INC. $32,032.90 230427 BIBLIOTHECA, INC. $23,215.61 230429 NORTHERN PALM BEACH CO. $39,857.95 230450 ARMOR COURTS, INC. $30,850.00 230451 SOUTH FL ENGINEERING $28,096.10 230452 TINKER LLC $27,500.00 230461 ALAN JAY CHEVROLET $40,529.00 230463 VCLOUD TECH INC. $13,718.75 230464 STEP CG, INC. $48,841.95 230487 BLUEALLY TECHNOLOGY SOLUTIONS $47,032.80 01 OA AA QFKIQI IQ NAFTFRIKIf_ QVQTFhAQ CZ972Ql12R Page 32 of 1066 L0V uV JLIVJ VJ IVIL 1 L I V I 1 J 1 J 1 LIVID W I/,JVV.JV 230487 BRANDANO DISPLAYS, INC. $31,284.00 230498 AMPS INC. $23,691.00 230504 TRIHEDRAL INC. $15,958.00 230508 J.C. WHITE ARCHITECTURAL $17,240.52 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, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allowfor making more timely purchases. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Purchases of$10,000 for October 2022 Page 33 of 1066 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR OCTOBER 2022 1. Vendor: WAYNE AKERS FORD Purchase Amount: $49,590.48 Requesting Department: FLEET Contact Person: BILL DARTY Date: 10/3/2022 Brief Description of Purchase: Vehicle purchase of Ford F150 for City Manager. Source for Purchase: Three(3)Quotes Fund Source: 501-2516-519.64-33 2. Vendor: DAVENPORT&COMPANY LLC Purchase Amount: $33,875.00 Requesting Department: FINANCE Contact Person: JONELE LUMA Date: 10/5/2022 Brief Description of Purchase: Comprehensive Financial Review, Metrics Related to Peer Cities,a 5-Year Historical Lookback,Trending,and Multi-Year Planning Model. Source for Purchase: THREE(3)QUOTES Fund Source: 001-1211-512.32-10, 104-2512-541.32-10 122-2418-554.32-10, 141-2710-572.32-10, 151-2611-579.32-10, 172-2712-572.32-10,207-3011-517.32-10,302-4101-519.32-10,401-2821-536.32-10,411- 2910-572.32-10,431-2515-534.32-10,501-2516-519.32-10,502-1412-513.32-10,522-1710-519.32-10,631-3110-539.32-10 3. Vendor: RANDY'S HOLIDAY LIGHTING Purchase Amount: $25,920.00 Requesting Department: SPECIAL EVENTS Contact Person: CHELSEA SANABIA Date: 10/10/2022 Brief Description of Purchase: Town Square Holiday Lighting-Kapok Tree, Banyan Trees(2),and Light Poles(18). Source for Purchase: THREE(3)QUOTES Fund Source: 001-1213-519.48-24 4. Vendor: BRANDANO DISPLAYS, INC. Purchase Amount: $18,400.00 Requesting Department: SPECIAL EVENTS Contact Person: CHELSEA SANABIA Date: 10/10/2022 Brief Description of Purchase: Town Square Holiday Tree. Source for Purchase: THREE(3)QUOTES Fund Source: 001-1213-519.48-24 5. Vendor: ALL COUNTIES PAINTING LLC Purchase Amount: $17,570.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 10/10/2022 Brief Description of Purchase: Intercoastal Park building-interior painting Source for Purchase: CONTRACT#:013-2511-19 Fund Source: 303-4223-572.62-01 RP2319 6. Vendor: ALL COUNTY PAVING Purchase Amount: $36,372.00 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 10/10/2022 Brief Description of Purchase: NW 17th Avenue-Concrete Curbing.Task 147 Source for Purchase: CONTRACT#: PWE22-008 Fund Source: 303-4905-580.63-08 CP0266 7. Vendor: ANZCO, INC. Purchase Amount: $92,500.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 10/10/2022 Brief Description of Purchase: Harvey Oyer Jr. Fishing Pier removal project-all existing fishing pier decking,railings,deck framing,and existing playground structure. Source for Purchase: CONTRACT#:028-2511-20 Fund Source: 303-4211-572.63-05 RP2213 Page 34 of 1066 8. Vendor: FL CARIBBEAN ARCHITECTURE, INC. Purchase Amount: $19,200.00 Requesting Department: FACILITIES Contact Person: KEVIN RAMSEY Date: 10/10/2022 Brief Description of Purchase: Fire Station#5-2080 High Ridge Rd: Kitchen and Dining room upgrade. Design services Source for Purchase: CONTRACT#:035-2511-21 Fund Source: 303-4129-522.62-01 FA2304 9. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $163,038.00 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 10/10/2022 Brief Description of Purchase: SW 18th Street-Leisureville:Task 103-concrete milling and resurfacing,traffic calming,and concrete sidewalk repairs. Source for Purchase: CONTRACT#: PWE22-008 Fund Source: 303-4905-580.63-08 CP0266 303-4904-541.63-24 CP0263 10. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $12,608.84 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 10/10/2022 Brief Description of Purchase: Carolyn Sims Parking Lot Sealcoat-Task 149 Source for Purchase: CONTRACT#: PWE22-008 Fund Source: 303-4113-572.63-05 RP2308 303-4113-572.63-03 RP2307 11. Vendor: FL EAST COAST RAILWAY Purchase Amount: $15,445.95 Requesting Department: ENGINEERING Contact Person: GARY DUNMYER Date: 10/10/2022 Brief Description of Purchase: Florida East Coast Railway-Ground Lease fee/renewal. Source for Purchase: REAL ESTATE LEASE#:312-4-28 dated 10/6/2003 Fund Source: 303-4905-541.63-23 TR1001 (Automatic Renewal) 12. Vendor: FERGUSON UNDERGROUND INC. Purchase Amount: $34,167.40 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 10/12/2022 Brief Description of Purchase: Purchase Fire Hydrants for stock. Source for Purchase: THREE(3)QUOTES Fund Source: 502-0000-141.01-00 13. Vendor: GRAYSHIFT LLC Purchase Amount: $27,995.00 Requesting Department: POLICE Contact Person: JASON LLOPIS Date: 10/17/2022 Brief Description of Purchase: Annual license for a software called Graykey,which is owned and produced as a single source provided by Grayshift LLC. The Software is an investigative tool that allows digital forensic examinations and extractions of Apple products. Source for Purchase: SOLE SOURCE Fund Source: 001-2112-521.46-91 14. Vendor: JAVA CONNECTION LLC Purchase Amount: $15,385.00 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 10/17/2022 Brief Description of Purchase: Annual software license and hardware service for two(2)18-bay laptop kiosk. Source for Purchase: SOLE SOURCE Fund Source: 001-2610-571.46-20 001-2610-571.46-22 15. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $10,241.90 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 10/17/2022 Brief Description of Purchase: Fire Station#5-Parking lot sealcoat-Task 150. Source for Purchase: CONTRACT#: PWE22-008 Fund Source: 303-4129-522.62-01 FA2305 Page 2 Page 35 of 1066 16. Vendor: RUNBROOK, LLC Purchase Amount: $16,950.00 Requesting Department: UTILITIES Contact Person: CHRIS ROSCHEK Date: 10/17/2022 Brief Description of Purchase: Annual renewal for SustainaBase Platform: 10/1/2022-9/30/2023. Platform and expert services to provide effortless collection,analysis,monitoring,sharing,reporting,control,and management of sustainability data. Source for Purchase: SOLE SOURCE Fund Source: 401-2821-536.95-44 17. Vendor: EBSCO PUBLISHING Purchase Amount: $10,838.00 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 10/18/2022 Brief Description of Purchase: Annual renewal for LearningExpress package: 10/1/2022-9/30/2023,includes Writing Improvement Program,Job and Career Accelerator Center, LearningExpress Library,and Popular Software Tutorials Center. Source for Purchase: SOLE SOURCE Fund Source: 001-2610-571.54-10 18. Vendor: EAGLE PAINTING Purchase Amount: $24,800.00 Requesting Department: FACILITIES Contact Person: JOSE MURRAY Date: 10/19/2022 Brief Description of Purchase: Hester Community Center-exterior painting to include pressure cleaning,sealer,and satin paint. Source for Purchase: CONTRACT#:013-2511-19 Fund Source: 303-4209-572.62-01 RP2311 19. Vendor: AMPS. INC. Purchase Amount: $30,437.40 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 10/19/2022 Brief Description of Purchase: Rehabilitation of Well 16E. Source for Purchase: PIGGYBACK: PALM BEACH COUNTY Fund Source: 403-5000-533.65-02 WTR075 CONTRACT#:WUD16-001 20. Vendor: AMPS, INC. Purchase Amount: $29,552.40 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 10/19/2022 Brief Description of Purchase: Rehabilitation of Well 12E. Source for Purchase: PIGGYBACK: PALM BEACH COUNTY Fund Source: 403-5000-533.65-02 WTR075 CONTRACT#:WUD16-001 21. Vendor: AMPS, INC. Purchase Amount: $29,552.40 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 10/19/2022 Brief Description of Purchase: Rehabilitation of Well 13E. Source for Purchase: PIGGYBACK: PALM BEACH COUNTY Fund Source: 403-5000-533.65-02 WTR075 CONTRACT#:WUD16-001 22. Vendor: AMPS, INC. Purchase Amount: $32,032.90 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 10/19/2022 Brief Description of Purchase: Rehabilitation of Well 14E. Source for Purchase: PIGGYBACK: PALM BEACH COUNTY Fund Source: 403-5000-533.65-02 WTR075 CONTRACT#:WUD16-001 23. Vendor: BIBLIOTHECA, INC. Purchase Amount: $23,215.61 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 10/21/2022 Brief Description of Purchase: Annual hardware and software maintenance agreement for the Library's security gates,self check kiosks,and automated materials handling system purchased from Bibliotheca. Source for Purchase: SOLE SOURCE Fund Source: 001-2610-571.46-20 001-2610-571.46-22 Page 3 Page 36 of 1066 24. Vendor: NORTHERN PALM BEACH CO. Purchase Amount: $39,857.95 Requesting Department: UTILITIES Contact Person: ANGELA PRYMAS Date: 10/21/2022 Brief Description of Purchase: The Municipal Separate Storm Sewer System(MS4)National Pollutant Discharge Elimination System(NPDES)permit is part of a Federal program designed to reduce stormwater pollutant discharges to receiving waters of the United States. Palm Beach County MS4 permittees have taken a cooperative approach to permit compliance,jointly conducting several permit programs. Each permit cycle,the lead permittee(Northern Palm Beach County Improvement District(NPBCID) enters into interlocal agreements with the City of Boynton Beach. Source for Purchase: CONTRACT#:069-1412-21 Fund Source: 401-2824-536.49-17 25. Vendor: ARMOR COURTS, INC. Purchase Amount: $30,850.00 Requesting Department: PUBLIC WORKS Contact Person: WESLEY NORWOOD Date: 10/25/2022 Brief Description of Purchase: Project to convert(2)of the tennis courts(4)hard courts into(6)pickleball courts including to separate the courts. Source for Purchase: THREE(3)QUOTES Fund Source: 303-4212-572.63-05 RP2306 26. Vendor: SOUTH FL ENGINEERING Purchase Amount: $28,096.10 Requesting Department: UTILITIES Contact Person: ANGELA PRYMAS Date: 10/25/2022 Brief Description of Purchase: Monthly water quality monitoring at(7)sample stations and reporting for fiscal year 22-23.Single source to continue with the same consulting team comprised of engineers and environmental scientists. Source for Purchase: SOLE SOURCE Fund Source: 401-2824-536.49-17 27. Vendor: TINKER LLC Purchase Amount: $27,500.00 Requesting Department: UTILITIES Contact Person: CHRIS ROSCHEK Date: 10/25/2022 Brief Description of Purchase: Supplies needed for the implementation of the Water Conservation Education program for(512)prospective students at schools within the City. Source for Purchase: CONTRACT#:012-2821-19 Fund Source: 401-2821-536.95-43 28. Vendor: ALAN JAY CHEVROLET Purchase Amount: $40,529.00 Requesting Department: PUBLIC WORKS Contact Person: BILL DARTY Date: 10/25/2022 Brief Description of Purchase: 2023 Chevrolet Tahoe-replacement vehicle,unit 892, Fire Rescue Source for Purchase: PIGGYBACK:STATE OF FLORIDA-SOURCEWELL Fund Source: 501-2516-519.64-33 CONTRACT#:2023 091521-NAF 8 29. Vendor: VCLOUD TECH INC. Purchase Amount: $13,718.75 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 10/25/2022 Brief Description of Purchase: Annual renewal for city-wide use of Vmware vSphere.This provides the city's virtual infrastructure.This includes applications and networks. Source for Purchase: SOLE SOURCE Fund Source: 001-1510-513.46-91 30. Vendor: STEP CG, LLC Purchase Amount: $48,841.95 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 10/25/2022 Brief Description of Purchase: Annual renewal of Extreme Network hardware/software maintenance support and licenseiing for the City's network infrastructure. Source for Purchase: PIGGYBACK:STATE OF FLORIDA-NASPO Fund Source: 401-2821-536.49-17 CONTRACT#:43220000-NASPO-19-ACS 001-1510-513.46-22 Page 4 Page 37 of 1066 31. Vendor: BLUEALLY TECHNOLOGY SOLUTIONS Purchase Amount: $47,032.80 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 10/27/2022 Brief Description of Purchase: Datrium DVX software maintenance for two(2)years.This purchase is the last time Datrium will allow the purchase of software maintenance,since the Datrium DVX system has reached end-of-life. Source for Purchase: THREE(3)QUOTES Fund Source: 001-1510-513.46-91 401-2821-536.46-91 32. Vendor: SENSUS METERING SYSTEMS Purchase Amount: $17,380.36 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 10/27/2022 Brief Description of Purchase: Purchase of two(2)handheld meter reading devices to replace old broken ones. Source for Purchase: SOLE SOURCE Fund Source: 401-2814-536.64-02 33. Vendor: BRANDANO DISPLAYS, INC. Purchase Amount: $31,284.00 Requesting Department: SPECIAL EVENTS Contact Person: CHELSEA SANABIA Date: 10/27/2022 Brief Description of Purchase: 2022 Holiday displays for various locations throughout the City. Source for Purchase: THREE(3)QUOTES Fund Source: 001-1213-519.48-24 34. Vendor: AMPS INC. Purchase Amount: $23,691.00 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 10/31/2022 Brief Description of Purchase: Rehabilitation of Well 18E. Source for Purchase: PIGGYBACK: PALM BEACH COUNTY Fund Source: 403-5000-533.65-02 WTR075 CONTRACT#:WUD16-001 35. Vendor: TRIHEDRAL INC. Purchase Amount: $15,958.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 10/31/2022 Brief Description of Purchase: Renewal of VTScada licenses for S/N 20334 and S/N 7730 for November 30,2022 thru November 30,2023. Source for Purchase: SOLE SOURCE Fund Source: 401-2821-536.46-91 36. Vendor: J.C.WHITE ARCHITECTURAL Purchase Amount: $17,240.52 Requesting Department: PUBLIC WORKS Contact Person: WESLEY NORWOOD Date: 10/31/2022 Brief Description of Purchase: Replacement of furniture in the Mausoleum. Source for Purchase: PIGGYBACK:STATE OF FLORIDA Fund Source: 631-3110-539.49-17 CONTRACT#:56120000-19-ACS Page 5 Page 38 of 1066 6.C. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution No. R22-172-Approve and authorize the City Manager to sign Community Development Block Grant Subrecipient Agreements, with Boynton Beach Faith- Based Community Development Corporation, Inc., to provide housing related activities. Explanation of Request: On August 16, 2022, City Commission approved by Resolution No. R22-099, a substantial amendment to the Community Development Block Grant Program (CDBG), to reallocate CDBG leftover funds from FY 2016, 2017, 2018, 2019, and 2020 to fund public improvement activities. Staff recommended several activities and based on those recommendations, City Commission approved to fund and move forward with the following public improvement activities: Hester Center Improvements, Housing Rehabilitation and Acquisition of Property for Affordable Housing Purposes for Qualifying Households. Staff is recommending City Commission to approve and authorize the City Manager to sign CDBG subrecipient agreements, with Boynton Beach Faith-Based Community Development Corporation, Inc., to provide the following housing related activities: • Housing Rehabilitation for Qualifying Households $400,000.00 • Acquisition of Property for Affordable Housing Purposes for Qualifying Households $504,000.00 Boynton Beach Faith-Based Community Development Corporation, Inc., a local nonprofit service provider of CDBG eligible services and programs, have submitted scope of services and budget for each activity (attached to each agreement as Exhibit B and C). Boynton Beach Faith-Based Community Development Corporation, Inc. is contracting with the City of Boynton Beach to deliver the services and be reimbursed. How will this affect city programs or services? The CDBG Program's purpose is to assist the City of Boynton Beach meet the needs of its lower income residents. The activities that are being funded will offer housing related assistance to qualifying households living within the City of Boynton Beach. Fiscal Impact: The City will reimburse Boynton Beach Faith-Based Community Development Corporation, Inc. for services provided: • Housing Rehabilitation for Qualifying Households $400,000.00 • Acquisition of Property for Affordable Housing Purposes for Qualifying Households $504,000.00 Total Subrecipient Funding $904,000.00 Alternatives: N/A Strategic Plan: Building Wealth in the Community Page 39 of 1066 Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: $904,000.00 Attachments: Type Description Resolution approving Subrecipient Agreements D Resolution with Boynton each Faith Based CDC (reallocation of CDBG funds) CDBG - Boynton each Faith-Based D Addendum Community Development Corporation Inc. Agreement# 1 CDBG - Boynton each Faith-Based D Addendum Community Development Corporation Inc. Agreement#2 D Addendum Resolution No. R22-099 Page 40 of 1066 I RESOLUTION R22-172 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT 6 AGREEMENTS, WITH BOYNTON BEACH FAITH-BASED 7 COMMUNITY DEVELOPMENT CORPORATION, INC., TO 8 PROVIDE HOUSING RELATED ACTIVITIES; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, on August 16, 2022, the City Commission approved by a substantial 12 amendment to the Community Development Block Grant Program (CDBG), to reallocate CDBG 13 leftover funds from FY 2016, 2017, 2018, 2019, and 2020 to fund public improvement activities; 14 and 15 WHEREAS, Staff recommended several activities and based on those 16 recommendations, the City Commission approved to fund and move forward with the 17 following public improvement activities: Hester Center Improvements, Housing Rehabilitation 18 and Acquisition of Property for Affordable Housing Purposes for Qualifying Households; and 19 WHEREAS, the CDBG's Program purpose is to assist the City of Boynton Beach in 20 meeting the needs of its lower income residents and the activities that are being funded will 21 offer housing related assistance to qualifying households living within the City of Boynton 22 Beach; and 23 WHEREAS, City Staff is recommending that the City Commission approve and 24 authorize the City Manager to sign Community Development Block Grant Subrecipient 25 Agreements, with Boynton Beach Faith-Based Community Development Corporation, Inc., to 26 provide housing related activities. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 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, Florida does hereby 33 approve and authorize the City Manager to sign Community Development Block Grant S:ACA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements(reallocation of leftover funds) -Reso.docx 1 Page 41 of 1066 34 Subrecipient Agreements, with Boynton Beach Faith-Based Community Development 35 Corporation, Inc., to provide housing related activities. Copies of the Agreements are attached 36 hereto and incorporated herein as Exhibits "A" and "B" respectively. 37 Section 3. This Resolution will become effective immediately upon passage. 38 PASSED AND ADOPTED this 6th day of December, 2022. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor—Ty Penserga 44 45 Vice Mayor—Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Thomas Turkin 50 51 Commissioner—Aimee Kelley 52 53 VOTE 54 ATTEST: 55 56 57 58 59 Maylee De Jes6s, MPA, MMC Ty Penserga 60 City Clerk Mayor 61 62 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 Michael D. Cirullo, Jr. 68 City Attorney 69 S:ACA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements(reallocation of leftover funds) -Reso.docx 2 Page 42 of 1066 Community Development Block Grant(CDBG)Subaward Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, Inc. fora CDBG subaward of an amount not to exceed$400,000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Homesteaded Owner-Occupied Limited Rehabilitation for Qualifying Households. SUBAWARD COVERSHEET INTERNAL TABLE— FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. Resolution R22— 099 Financial Services Department: Community Improvement Division 24 CFR 570.202(a)(1)— Eligible Rehabilitation and Preservation CDBG Eligible Activity activities— Improvements to Single Family Residential Properties; National Objective 24 CFR Part 570.208 (a)(3) TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement................................................................................................. 1 Article2: The Parties...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance ...........................................................................3 Article5: Notice ..............................................................................................................................................................3 Article 6: SUBRECIPIENT's Obligations and Responsibilities.......................................................................................3 Article 7: Procurement and Subcontracting Standards..................................................................................................5 Article8: Property Standards .........................................................................................................................................7 Article9: Budget.............................................................................................................................................................7 Article 10: Reimbursement Requests.............................................................................................................................8 Article11: Payment Terms........................................................................................................................................... 10 Article12: Return of Funds........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout ............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records....................................................................................... 13 Article 15: Monitoring Requirements............................................................................................................................ 15 Article16: Audit Requirements..................................................................................................................................... 15 Article17: Insurance..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability..................................................................................... 19 Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties................................................. 19 Article20: Confidentiality..............................................................................................................................................20 Article 21: Remedies for Noncompliance.....................................................................................................................22 Article22: Termination..................................................................................................................................................22 Article 23: General Provisions .....................................................................................................................................25 Article24: Attachments.................................................................................................................................................27 Article25: Entire Agreement ........................................................................................................................................27 Community Development Block Subaward Grant Agreement— Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pagep%pj ari- Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 -THE PARTIES Party#1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party#2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the "SUBRECIPIENT") Entity Type: 501(c)(3) Not-for-Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director Email Address: kjbbfbcdc@yahoo.com B. The City and the SUBRECIPIENT may unilaterally re-designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa-N1+4 gd 1066 TABLE 2—'SUBAWARD INFORMATION Subaward Project Owner-Occupied Limited Rehabilitation for Qualifying Households Program through a Community Based Development Organization (the Description: "SUBRECIPIENT"). 11 Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Awarding Agency")—Community Development Block Grant (the Description: "Federal Award")—City of Boynton Beach (the "Grantee"). Subaward ID No.: Resolution R22 —099 Resolution Date: 08/16/2022 B. Federal Subaward Amount. The amount of the underlying subaward is: $400,000.00. C. SUBRECIPIENT Compliance with Federal Subaward.At all times during which the SUBRECIPIENT is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance—or any other applicable federal, state, or local law—that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount.The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $400,000.00 (the "Subaward"). This Agreement's use of"an amount not to exceed" shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 ("Requirements for Pass-Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pay iv-20 gd 1066 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2023, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may incur obligations to carry out the work or services authorized under this Agreement. The SUBRECIPIENT may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2023. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3—NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the SUBRECIPIENT: Boynton Beach Faith Based Community Development Corporation, Inc. Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: SUBRECIPIENT's Obligations and Responsibilities A. Scope of Services. 1. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as detailed in the Scope of Services attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement,the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the Scope of Services. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. ftg",10 gd 1066 B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in TABLE 1 — THE PARTIES, or as re-designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The SUBRECIPIENT hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the SUBRECIPIENT. 1. Skillful Provision of Services.All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees.The City may require the SUBRECIPIENT to remove any employee, volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the SUBRECIPIENT)that the City's agreement liaison— using their sole discretion—deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the SUBRECIPIENT must certify that it is registered with, and uses, the E-Verify system to verify the work authorization status of all newly hired employees. The SUBRECIPIENT must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E-Verify Use and Registration Certification found attached to this Agreement as "Form 2". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non-Discrimination. 1. The SUBRECIPIENT shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. 2. The SUBRECIPIENT shall comply with any and all federal, state, and local anti-discrimination laws, rules, and regulations. For further information about the federal anti-discrimination Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Ira q gd 1066 requirements for this Agreement, see Attachment 2, ("Federal Award and Contract Terms"). F. Inherently Religious Activities. When expending the Subaward, the SUBRECIPIENT must adhere to the following conditions: 1. The SUBRECIPIENT must not engage in inherently religious activities, such as worship, religious instruction, or prose lytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. 1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 3," the SUBRECIPIENT must certify that: a. The SUBRECIPIENT does not meet the definition of"Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The SUBRECIPIENT — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the SUBRECIPIENT or an affiliate of the SUBRECIPIENT— has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the SUBRECIPIENT: a. Be found to have falsified its certification in "Form 3"; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the Scope of Services, attached as `Exhibit B". Does the SUBRECIPIENT maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or "No": Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Iia-,"9:5 gd 1066 If"Yes," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If"No," then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the SUBRECIPIENT hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the SUBRECIPIENT— and any of its sub-SUBRECIPIENTs— must use when making its expenditures of the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures, SUBRECIPIENT must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The SUBRECIPIENT shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non-Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. The City has provided a copy of such Federal Award and Contract Terms, which are attached as "Attachment 2." 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The SUBRECIPIENT must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'), and Labor Surplus Area Firm Certification attached as "Form 4" stating that the SUBRECIPIENT shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s)or procurements as required by the Federal Government in 2 CFR§200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. 1. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non- Federal entity without first receiving approval from the City. 2. Pass-Through Requirements. a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any placed upon the SUBRECIPIENT under this Agreement to any of its sub- SUBRECIPIENTs through a federally-compliant SUBRECIPIENT agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa—#�%Za9 gd 1066 b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass-Through Entities")and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-SUBRECIPIENT. E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third-party entity that is in part or in whole funded by the Subaward, the SUBRECIPIENT shall analyze the nature of such agreement pursuant to the provisions of 2 CFR§ 200.331 ("SUBRECIPIENT Subcontractor Determinations")to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR §§ 200.310-200.316 ("Property Standards")and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. The SUBRECIPIENT shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City, in which case the procedure in 2 CFR§§ 200.311 shall be adhered to. Article 9: Budget A. Approved Budget. The City-approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT. B. Budget Amendments. 1. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term; b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not expressly provided for in the Budget; and C. Shall be considered and approved at the sole discretion of the City. 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the Scope of Services attached as "Exhibit B". b. Non-Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa'W,W gd 1066 approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 1. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the SUBRECIPIENT shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding-eligible costs as permitted by this Agreement. In orderto obtain payment, the SUBRECIPIENT shall make funding-eligible expenditures and thereafter submit a "Reimbursement Request(s)" to the City for such expenditures pursuant to the terms found in this Article. B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the SUBRECIPIENT must: 1. Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only requested reimbursement of funding-eligible expenses that were incurred by the SUBRECIPIENT in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the SUBRECIPIENT's organization, with a description defining Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa-g"&jj gd 1066 the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as"Exhibit C" has line-items or funding categories, indicate which line- item or funding category under which each funding-eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the SUBRECIPIENT: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the SUBRECIPIENT hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the Scope of Services attached to this Agreement as "Exhibit B",which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision if there is a conflict between the two, invoices are due as followed: 1. General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be monthly with such invoices due to the City by the 15th of the month subsequent to the provision of services for which the City is being invoiced. Should the SUBRECIPIENT fail to timely submit its General Reimbursement Request for any particular month, it accepts the risk that the City may choose not to provide reimbursement for any expenses the SUBRECIPIENT incurred during such month. 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the SUBRECIPIENT shall submit an Initial Reimbursement Request that covers all funding-eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. b. This Initial Reimbursement Request shall not be required if the Subaward Period of Performance and date of execution of this Agreement occur in the same month. If such occurs, the first General Reimbursement Request may include all expenses made for that month. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. feg,W gd 1066 3. Final Invoices. Final Invoices shall be due to the City no later than thirty (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the SUBRECIPIENT, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: 1. Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the SUBRECIPIENT on a reimbursement basis for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the SUBRECIPIENT. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the SUBRECIPIENT for any of the following: 1. Any goods or services provided that do not fall within the Scope of Services attached as "Exhibit B"; 2. Any goods or services that fall within the attached Scope of Services, but that such payment can be made through a third-party program or insurance provider D. Prohibition on Duplicative Funding. The SUBRECIPIENT may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one-hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award.Any costs or expenses incurred by the SUBRECIPIENT that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of the SUBRECIPIENT. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@g,ro5a sd 1066 F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non-Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award. Article 12: Return of Funds A. Unauthorized Expenditures. The SUBRECIPIENT shall reimburse the City for all unauthorized or funding-ineligible expenditures. B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments made to the SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the Scope of Services attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). 1. In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a Payment in Error was made, the SUBRECIPIENT shall return to the City any associated funds no later than ten (10) business days from when the SUBRECIPIENT became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error,the City shall notify the SUBRECIPIENT and the SUBRECIPIENT shall return any associated funds to the City no later than ten (10) business days from the SUBRECIPIENT's receipt of such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the SUBRECIPIENT, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1. Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gvl54s# 1066 Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting 1. Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports.At minimum, such Progress Reports must detail the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the objectives of the Scope of Services attached as"Exhibit B." Further, in the event any Program Income has been earned over the period, SUBRECIPIENT will report on the Program Income earned and expended to include whether it was related to the purposes and conditions of this Subaward. The City reserves the right to reasonably and unilaterally revise such approved form and request any additional supporting documentation from the SUBRECIPIENT as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the Scope of Services, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a monthly basis and are due by the 15th of the month subsequent to the provision of services of which the SUBRECIPIENT is reporting. 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. B. Annual Reporting Information.SUBRECIPIENT shall, upon request by the City's Agreement Liaison or designee, make available SUBRECIPIENT data and other information related to the Scope of Services. This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. 1. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gv2,r,$sd 1066 City must make any cost disallowance determination and notify the SUBRECIPIENT within the record retention period. b. The requirement for the SUBRECIPIENT to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§200.310 through 200.316 of 2 CFR Part 200. f. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, orthis Subaward, a relationship created underthe Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the SUBRECIPIENT, provided the responsibilities of the SUBRECIPIENT, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the SUBRECIPIENT, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. 1. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the SUBRECIPIENT's financial activities. 2. The SUBRECIPIENT shall establish and maintain separate accounting records for the SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) years after termination of this Agreement, including any extensions or renewals of this Agreement. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf3&O sd 1066 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. 7. If the Scope of Services in "Exhibit B" is site-specific, or construction-related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. 1. Pursuant to Section 119.0701, Florida Statutes, the SUBRECIPIENT shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the City. 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 this Agreement's term and following completion of this Agreement if the SUBRECIPIENT does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the SUBRECIPIENT to perform the service in accordance with Florida law. e. If the SUBRECIPIENT transfers all public records to the City upon completion of the Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUBRECIPIENT keeps and maintains public records upon completion of this Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gv4W sd 1066 IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US 2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.011, Florida Statutes,then the SUBRECIPIENT shall comply with its own obligations under Chapter 119, Florida Statutes. The SUBRECIPIENT additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the SUBRECIPIENT's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass-Through Entities") and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. 1. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the SUBRECIPIENT's performance under this Agreement(whether programmatic, financial, etc.), then a "Letter of Findings" may be provided to the SUBRECIPIENT. 2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the SUBRECIPIENT prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit SUBRECIPIENT's: 1. Disbursement of the Subaward; Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf,,,r,$sd 1066 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. C. Mandatory Audit, Certification,and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the State or other agencies. 1. If the SUBRECIPIENT expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the SUBRECIPIENT must have a single audit completed and conducted in accordance with 2 CFR § 200.514 ("Scope of Audit"), unless the SUBRECIPIENT elects to have a program-specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the SUBRECIPIENT shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000)or more in federal awards within one fiscal year, that audit must be completed no later than one-hundred and eighty (180) calendar days after the close of the SUBRECIPIENT's fiscal year. D. Submission of Audits and Audited Financial Statements. 1. The SUBRECIPIENT shall submit to the City any and all auditor's report received by the SUBRECIPIENT related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: https:Hharvester.census.gov/facweb/. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf6,%9 sd 1066 F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the SUBRECIPIENT. Article 17: Insurance A. The SUBRECIPIENT agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements)as described in this Article. These requirements, as well as the City's review or acceptance of insurance maintained by the SUBRECIPIENT is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this Agreement. B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article and "Attachment 1" (Insurance Advisory Form). C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the SUBRECIPIENT prior to commencing operations underthis Agreement to verify such coverage during the duration of this Agreement: 1. All SUBRECIPIENTs: Commercial General Liability—The SUBRECIPIENT shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. SUBRECIPIENT further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. The SUBRECIPIENT agrees to endorse the City as an Additional Insured with a CG 20 26 Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. SUBRECIPIENTs Providing Services at City Facilities: Workers' Compensation — The SUBRECIPIENT shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Elective exemptions as defined in Chapter 440, Florida Statutes,will be considered on a case- by-case basis.Any Agency using an employee leasing arrangement shall complete the Leased Employee Affidavit attached as "Form 6." Business Automobile Liability—The SUBRECIPIENT shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT shall maintain coverage for hired and non-owned auto liability, which may be satisfied by way Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pR@gip7(Q sd 1066 of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 3. SUBRECIPIENTs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. SUBRECIPIENTs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars($1,000,000)perwrongful act or claim. For policies written on a claims-made basis, the SUBRECIPIENT agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non-renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP")during the life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the SUBRECIPIENT of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A-Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the SUBRECIPIENT shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the SUBRECIPIENT is a"state agency or subdivision"(as defined by Section 768.28(2), Florida Statutes): 1. Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf8%1 sd 1066 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the SUBRECIPIENT may self-insure its liability with coverage limits of one million Dollars ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. 1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph 13.1. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. C. Liability. 1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes, which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the SUBRECIPIENT is a"state agency or subdivision"(as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the SUBRECIPIENT in the same manner in which it applies to the City. Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf9Q2 sd 1066 an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement shall be considered to be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's compensation matters. B. Non-Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the SUBRECIPIENT as an agent of the City. C. No Third-Party Claims. Nothing in this Agreement, express or implied, shall confer to a third-party— or be construed as conferring to a third-party in any way—any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. 1. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The SUBRECIPIENT understands that the City is subject to Florida Public Records laws and that information that SUBRECIPIENT may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of SUBRECIPIENT, SUBRECIPIENT shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential Information where SUBRECIPIENT asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") 1. Generally. If the SUBRECIPIENT meets the definition of"Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the SUBRECIPIENT to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pRgagg0U sd 1066 C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT incurs in its provision of otherwise funding-eligible services to any individual(s) for whom it does not have a valid and current medical release authorization as required by this provision. d. Additionally, the SUBRECIPIENT must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the SUBRECIPIENT's provision of services under this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must execute a Business Associate Agreement that complies with the standards found in 45 CFR§ 164.504(e). C. Florida Information Protection Act ("FIPA") 1. Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: a. An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing personal information on behalf of the City,the SUBRECIPIENT is the City's"Third-Party Agent" under FIPA and hereby agrees to comply with all obligations for such "Third-Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pRg (5)4 s# 1066 occurred. 3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the SUBRECIPIENT. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR§ 200.339 ("Remedies for Noncompliance"), if the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions, the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be effected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the SUBRECIPIENT. B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR § 200.340(a)(4), the SUBRECIPIENT may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg O s# 1066 C. Termination for Cause. 1. Immediate Termination. a. The City reserves the right of"Immediate Termination" of this Agreement, with such termination to be effectuated as of the SUBRECIPIENT's receipt of written notice which may be hand-delivered or transmitted by electronic mail to the SUBRECIPIENT's Agreement Liaison noted in TABLE 1 —THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the SUBRECIPIENT with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the SUBRECIPIENT occurs; (3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent; (5) The SUBRECIPIENT is determined to be ineligible to do business in the State of Florida; (6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14) calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the SUBRECIPIENT is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City reserves the right to provide the SUBRECIPIENT the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg3Q5 sd 1066 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the SUBRECIPIENT's material failure to comply with the Subaward's terms and conditions, the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it may report the termination to the OMB-designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the SUBRECIPIENT shall take all of the following actions: 1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR§§200.344 ("Closeout")and 200.345 ("Post-Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. 1. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFgW s# 1066 is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing, the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency, exigency, or"Act of God"that is specifically contemplated within the Scope of Services of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the SUBRECIPIENT shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"). C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pRgagnU s# 1066 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further exercise thereof. J. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. L. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg6&9 s# 1066 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. 1. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass-down" to the SUBRECIPIENT without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE 1 —THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. 4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Attachment Title Name Form 1 E-Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise "WBE" , and Labor Surplus Area Firm Certification Form 4 Federal Suspension and Debarment Certification Form 5 Certification Regarding Lobbying Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Attachment 2 Uniform Guidance Contract Provisions Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pR7cQ sd 1066 negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pR7ol sd 1066 BOYNTON BEACH, FLORIDA SIGNATURE PAGE The City has executed this Agreement on the date set forth below. BOYNTON BEACH, FLORIDA By: City Manager By: CITY MANAGER Date: SUBRECIPIENT SIGNATURE ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 29 of 30 Page 72 of 1066 SUBRECIPIENT SIGNATURE PAGE BOYNTON BEACH, FLORIDA'S SIGNATURE ON PREVIOUS PAGE The SUBRECIPIENT has executed this Agreement on the date set forth below. BOYTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, INC. By: SUBRECIPIENT Name and Title Date: Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 30 of 30 Page 73 of 1066 Form 1 E-Verify Registration and Use Certification COMPLETION THIS IS REQUIREDALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration on https:He-verify.gov. If the SUBRECIPIENT does not have an active registration noted on the E-Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E-Verify Memorandum of Understanding for Employers that the SUBRECIPIENT received upon registration to the City. E-VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this E-Very Use and Registration Certification and Affidavit. B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The SUBRECIPIENT does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of SUBRECIPIENT Representative Official Title Printed Name Date Community Development Block Grant Subaward Agreement— Form 1 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 74 of 1066 Form 2 Public Entity Crimes and Scrutinized Companies Certification COMPLETION THIS IS REQUIREDALL SUBRECIPIENTS Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. Neither the SUBRECIPIENT, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the SUBRECIPIENT, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The SUBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the SUBRECIPIENT has reviewed prior to the execution of this certification. D. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that: A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The SUBRECIPIENT is not: 1. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement— Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 Page 75 of 1066 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement, the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned,the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. Signature of SUBRECIPIENT Representative Official Title Printed Name Date Community Development Block Grant Subaward Agreement— Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 Page 76 of 1066 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification COMPLETION THIS IS REQUIREDALL SUBRECIPIENTS CERTIFICATION OF COMPLIANCE WITH 2 CFR§ 200.321 The undersigned hereby certifies on behalf of the SUBRECIPIENT, that the SUBRECIPIENT will comply with all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned,the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of SUBRECIPIENT Representative Official Title Printed Name Date Community Development Block Grant Subaward Agreement— Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 77 of 1066 Form 4 Federal Suspension and Debarment Certification COMPLETION THIS IS REQUIREDALL SUBRECIPIENTS Please note that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on https://www.SAM.gov. If the SUBRECIPIENT does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the SUBRECIPIENT, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The SUBRECIPIENT complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov status in any manner; or (2)fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of SUBRECIPIENT Representative Official Title Printed Name Date Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pane 1 of 1 Page 7S of 1066 Form 5 Certification Regarding Lobbying COMPLETION THIS IS CONDITIONAL This form is required for all SUBRECIPIENTs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? Yes If "No" then the SUBRECIPIENT may disregard this form. If "Yes" then the SUBRECIPIENT hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the SUBRECIPIENT that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The SUBRECIPIENT shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the SUBRECIPIENT that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the SUBRECIPIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 Page 79 of 1066 Form 5 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. Signature of SUBRECIPIENT Representative Official Title Printed Name Date [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement— Form 7 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 Page 80 of 1066 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR§ 200.332 Federal Requirements Subaward-Specific Information SUBRECIPIENT Name (registered name in SAM.gov): Boynton Beach Faith Based Community Development Corporation, Inc. SUBRECIPIENT's Unique Entity Identifier (UEI): GZS6GQ1CQFM9 Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2023 Federal Award Budget Period Start and End Date: Start: 10/01/2022 End: 09/30/2023 Amount of Federal Funds obligated by this action by the $400,000.00 Pass-Through Entity to the SUBRECIPIENT: Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the Pass-Through Entity including $400,000.00 the current financial obligation: Total Amount of the Federal Award committed to the $400,000.00 SUBRECIPIENT by the Pass-Through Entity: Federal subaward Project Description: Owner-Occupied Limited Rehabilitation for Qualifying Households -24 CFR 570.202(a)(1) — Eligible Rehabilitation and Preservation activities; National Objective 24 CFR Part 570.208 (a)(3) Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development (HUD) Name of Pass-Through Entity: City of Boynton Beach Pass-Through Entity's Awarding Official Contact Name: Dan Dugger, City Manager Information: Email: DuggerDp_bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and SUBRECIPIENT?: attached exhibits and forms. Are there any additional requirements imposed on SUBRECIPIENT in order for the Pass-Through Entity to Yes, see the terms of the Agreement and meet its own reporting responsibilities to the Federal attached exhibits and forms. Awarding Agency?: Is there a requirement that the SUBRECIPIENT must Yes, see: Article 14 ("Maintenance, permit the Pass-Through Entity and auditors to have Retention, and Access to Records") and access to the SUBRECIPIENT's records and financial Article 16 ("Audit Requirements"). statements?: Are there appropriate terms and conditions concerning Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: and Subaward Closeout") Community Development Block Grant Subaward Agreement— Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 81 of 1066 Exhibit B Scope of Services Scope of Services The Owner-Occupied Limited Rehabilitation Program for qualifying households will serve low-income residents who own and homestead their residence. The program will offer a zero-interest deferred loan or grant to eligible homeowners to pay for home improvement/rehabilitation and incidental expenses that correct emergency health and safety hazards, and code related issues. The maximum award is $25,000 per household. The applicant shall not own any other real estate. The Owner-Occupied Limited Rehabilitation Program will use two strategies: 1. Disabled and Elderly Income-eligible Homeowners (grant) 2. Non-Elderly Income-eligible Homeowners (loan) Disabled and Elderly Income-Eligible Homeowners For Elderly income-eligible (may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development) disabled homeowners and homeowners 62 years or older will receive financing through a grant that does not need to be repaid. ELIGIBLE APPLICANTS Applicant's gross household income (income from all sources before taxes and withholding for every household member, age 18 and over) may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development (HUD). The following apply: • The applicant must be the homeowner and occupy the home for at least twelve months before the date of application. Life estate holders may be eligible (documents will need to be reviewed). The trustee must agree to sign all documents. • Absentee owners are not eligible. • Applicants must have 100% ownership interest in the residence to be improved • Applicants must have clear title to the subject property as evidenced by a title search or deed • Must have home repair needs that threaten the homeowner's safety, energy efficiency, habitability, and accessibility. • To qualify for grant funding, at least one homeowner residing in the residence must be 62 years or older. • Payments on all mortgages on the property must be current. If the mortgage payment is delinquent, it must be brought current before application and remain current through the closing. • Must not have received housing rehabilitation assistance under any program administered by the City of Boynton Beach. • Property taxes must be current. • Must be current on obligations owed to or insured by any body of government, including, but not limited to code violation liens, income tax liens, child support, and student loans. If the loan has been charged off, the owner will be required to contact the lender and arrange to pay the past due amount. • If a payment arrangement is made, payment must be current at the time of loan application and approval. If the loan has been forgiven, written proof must be obtained. • If the owner's gross monthly income is less than their monthly expenses, is an automatic denial based on inability to maintain the property. Unless those improvements which are Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 82 of 1066 Exhibit B Scope of Services being done will reduce property insurance, wind storm insurance and/or utility cost to make the property affordable. OCCUPANCY REQUIREMENTS Homeowner must have owned the property and Homesteaded the property as his/her principal residence for at least one year prior to applying for assistance. The homeowner must intend to reside in the property for at least one year after the rehabilitation. INCOME CERTIFICATION REQUIREMENTS Gross annual household income included but is not limited to the gross annual projected income of all household members age 18 and over that reside in the household before taxes or withholdings. The following income sources must be included in the income calculation: • Salaries, overtime earnings, commissions, bonuses, full-time and part-time earnings, seasonal employee earnings, tips • Unemployment compensation • Social Security benefits • Public assistance • Net rental income • Pensions • Alimony and child support • Net income from business activities • Interest and dividend income • Capital gains • Imputed income • Partnership income • Partnership income • Bank accounts (i.e. checking, savings and CDs) • Prepaid debits cards (i.e. Green Dot, Prepaidify, Payoneer, Bluebird) • Brokerage accounts (i.e. stocks, bonds) • IRAs, 401-Ks, 457s, ELIGIBLE PROPERTIES: • Properties that are being repaired must be the sole and primary residence of the owner. • Homesteaded Owner-Occupied Single-family properties (Mobile Homes are not eligible) • Applicant must own property for at least one year prior to application date • Must be the applicant's Homesteaded property • The property to be improved must not have a lien as a result of code violations. • The property must be located within city limits (property control number beginning with 08). TITLE VERIFICATION The SUBRECIPIENT will verify the following: • The legal description of the subject property • The owner's ownership interest by conducting or facilitating a title search/investigation • Existing liens, if any on the property Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 83 of 1066 Exhibit B Scope of Services ELIGIBLE IMPROVEMENTS Improvements include but not limited to: • Electrical • Plumbing • Air Conditioning Replacement • Insulation • Single families detached dwellings are also eligible for: o Roof Replacement o Exterior Doors Replacement o Windows Replacement • Accessibility Improvements for occupant(s)with disabilities • Repairs incidental to any of the above (i.e. drywall, caulking and painting) • Other conditions that could cause the home to be or become uninhabitable will be considered on a case by case basis. Each improvement must be made and in compliance with all applicable health, fire prevention, building and housing codes standards, and product approvals. APPLICATION PROCESS • Funding is awarded on a first come, first qualified basis • The SUBRECIPIENT will assist applicant with the application process • The SUBRECIPIENT will review the applications and supporting documentation to ensure all eligibility criteria are met • Applications must be signed by all homeowners • All forms in the application package must be signed by all household members over 18 • Income Certifications must be signed by all household members over 18 • The SUBRECIPIENT will perform visual home inspection to identify required improvements and write specifications • The SUBRECIPIENT will review with homeowner proposed improvements • The SUBRECIPIENT will send work specifications to City's Community Improvement Division for approval • The approval of funds to complete rehabilitation is contingent upon the availability of funds and City's Approvals • The SUBRECIPIENT will prepared bids, receive bids from contractors, and selects contractor • Owner/contractor agreement is signed and work begins on home • The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections, review of construction payment requests, and issuance of payments to contractors • Final payment is not released to pay contractor until home passes the final inspection by City's Community Improvement Division PROPERTY INSPECTION • Environmental review will be done by City's Community Improvement Division" Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 84 of 1066 Exhibit B Scope of Services • The City's Community Improvement Division will submit all necessary documentation and certification to the Florida State Historic Preservation Officer for properties 45 years or older** • Depending on work specification, the SUBRECIPIENT will conduct a Lead Paint Inspection in accordance with the Lead Based Paint Poisoning Preventive Act and assessment (if required) on properties built before 1978 • The SUBRECIPIENT will complete visual home inspection to itemize required repairs and write specifications • THE SUBRECIPIENT will develop and prepare work specifications for the needed improvements for bidding purposes. • THE SUBRECIPIENT will take and save photos of pre-construction condition **All homes to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. City staff will prepare the environmental review checklist. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer(SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed under housing activities unless the condition is corrected. No work can start on a site until the environmental review is complete and approved. Each improvement must be a permanent general improvement that correct defects or deficiencies in the property directly affecting the structural integrity, the safety, habitability, or energy consumption of the property. The homeowner will be responsible for moving his/her belongings to perform the improvements. REHABILITATION REQUIREMENTS Rehabilitation must satisfy the following requirements: • Homeowners' Insurance is required. Only those applicants who have or who can obtain the necessary property insurance, windstorm insurance and flood insurance (if required), will be considered for the program. • The SUBRECIPIENT may pay for up to one-year(12 months) insurance premium for homeowners whose homes are uninsured as long the total cost of rehabilitation project doesn't exceed $25,000.00 • Prior to start of rehabilitation, the property must be inspected by the City of Boynton Beach Community Improvement Construction Coordinator to determine eligibility under the program. • All proposed rehabilitation must be outlined in the specifications and must address the deficiencies and/or accessibility improvements noted on the inspection report. • The SUBRECIPIENT will advertise and receive bids from currently licensed contractors based on the specifications, in accordance with 2 CFR 200.320 and select the lowest responsive and responsible bid. • All improvements must be completed by a currently licensed contractor for their respective trade. Any contractor who is excluded from the federal procurement, or is on the HUD's list of Debarred Contractors, is not eligible for to participate in the program. • A written construction contract will be prepared by the SUBRECIPIENT and executed between the contractor and homeowner. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 85 of 1066 Exhibit B Scope of Services • A Notice of Commencement will be filed for all projects. • The contractor will notify the City's Community Improvement Construction Coordinator when application for permit has been made so the permit review can be expedited. • Property improvements will conform to all applicable zoning ordinances and all appropriate permits must be obtained. • Each rehabilitated property assisted with CDBG funds for single family rehabilitation must be a permanent improvement completed in compliance with applicable state, county and municipal health, housing, building, fire prevention and housing maintenance codes. • Lien waivers must be collected from all contractors and sub-contractors upon completion of rehabilitation. CHANGE ORDERS • Change orders are not permitted after the contract documents have been executed unless unanticipated deficiencies identified during the rehabilitation process will cause further damage to the home if not addressed. • Any changes in the scope of work, including the reason for the change must be documented in the file. • In the event that a change order occurs, grant amount will be adjusted. INDIVIDUAL GRANT • The maximum award is up to $25,000.00 per household. • The amount of the award will be based on the amount necessary to cure existing substandard conditions or accessibility. If the rehabilitation cost exceeds the maximum grant award the project will be referred to the City's Housing Rehabilitation Program which will require a deferred mortgage of 15 years. Non-Elderly Income-Eligible Households A zero-interest deferred loans are offered to non-elderly (less 62 years old) eligible homeowners. The homeowner has no monthly payments and the loan is forgivable if the homeowner occupies the property as their homesteaded residence for the loan term. However, the loan is repayable if the home is sold, ownership is transferred, or the homeowner ceases to occupy the property as their homesteaded residence during the loan term. ELIGIBLE APPLICANT/BORROWER Applicant's gross household income (income from all sources before taxes and withholding for every household member, age 18 and over) may not exceed 80% of the area median income, as determined by the U.S. Department of Housing and Urban Development (HUD). The applicant must: • Be the homeowner and occupy the home for at least twelve months before the date of application. Life estate holders may be eligible (documents will need to be reviewed). The trustee must agree to sign all documents. • Have 100% ownership interest in the residence to be improved • Have clear title to the subject property as evidenced by a title search or deed. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 86 of 1066 Exhibit B Scope of Services • Have basic home repair needs that threaten the homeowner's safety, energy efficiency, habitability, and accessibility. • Be current on all mortgage payments on the property. If the mortgage payment is delinquent, it must be brought current before application and remain current through the closing. • No have a Reverse Mortgages. • Not have received housing rehabilitation assistance under any program administered by the City of Boynton Beach. • Be current on all property taxes. • Be current on obligations owed to or insured by any body of government, including code violation liens, income tax liens, child support, and student loans. ■ If the loan has been charged off, the owner will be required to contact the lender and arrange to pay the past due amount. ■ If a payment arrangement is made, payment must be current at the time of loan application and approval. If the loan has be forgiven, written proof must be obtained. If the owner's gross monthly income is less than their monthly expenses, it is an automatic denial based on inability to maintain the property; unless those improvements which are being done will reduce property insurance, wind storm insurance and/or utility cost to make the property affordable. OCCUPANCY REQUIREMENTS Homeowner must have owned the property and Homesteaded the property as his/her principal residence for at least one year prior to applying for assistance. Further the borrower must maintain ownership and title to the property and reside in the property as their principal residence during the term of the loan. INCOME CERTIFICATION REQUIREMENTS Gross annual household income included but is not limited to the gross annual projected income of all household members age 18 and over that reside in the household before taxes or withholdings. The following income sources must be included in the income calculation: • Salaries, overtime earnings, commissions, bonuses, full-time and part-time earnings, seasonal employee earnings, tips • Unemployment compensation • Social Security benefits • Public assistance • Net rental income • Pensions • Alimony and child support • Net income from business activities • Interest and dividend income • Capital gains • Imputed income • Partnership income • Bank accounts (i.e. checking, savings and CDs) • Prepaid debits cards (i.e. Greendot, Prepaidify, Payoneer, Bluebird) • Brokerage accounts (i.e. stocks, bonds) • IRAs, 401-Ks, 457s, Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 87 of 1066 Exhibit B Scope of Services ELIGIBLE PROPERTIES: • Properties that are being repaired must be the sole and primary residence of the owner. • Homesteaded Owner-Occupied Single-family properties (Mobile Homes are not eligible) • Applicant must own property for at least one year prior to application date • Must be the applicant's Homesteaded property • The property to be improved must not have a lien as a result of code violations. • The property must be located within city limits (property control number beginning with 08). TITLE VERIFICATION The SUBRECIPIENT will verify the following: • The legal description of the subject property • The owner's ownership interest by conducting or facilitating a title search/investigation • Existing liens, if any on the property ELIGIBLE IMPROVEMENTS Improvements include but not limited to: • Electrical • Plumbing • Air Conditioning Replacement • Insulation • Single families detached dwellings are also eligible for: o Roof Replacement o Exterior Doors Replacement o Windows Replacement • Accessibility Improvements for occupant(s)with disabilities • Repairs incidental to any of the above (i.e. drywall, caulking and painting) • Other conditions that could cause the home to be or become uninhabitable will be considered on a case by case basis. Each improvement must be made and in compliance with all applicable health, fire prevention, building and housing codes standards, and product approvals. APPLICATION PROCESS • Funding is awarded on a first come, first qualified basis • The SUBRECIPIENT will assist applicant with the application process • The SUBRECIPIENT will review the applications and supporting documentation to ensure all eligibility criteria are met • Applications must be signed by all homeowners • All forms in the application package must be signed by all household members over 18 • Income Certifications must be signed by all household members over 18 • The SUBRECIPIENT will perform visual home inspection to identify required improvements and write specifications • The SUBRECIPIENT will review with homeowner proposed improvements Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 88 of 1066 Exhibit B Scope of Services • The SUBRECIPIENT will send work specifications to City's Community Improvement Division for approval • The approval of funds to complete rehabilitation is contingent upon the availability of funds and City's Approvals • The SUBRECIPIENT will prepared bids, receive bids from contractors, and selects contractor • Owner/contractor agreement is signed and work begins on home • The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections, review of construction payment requests, and issuance of payments to contractors • Final payment is not released to pay contractor until home passes the final inspection by City's Community Improvement Division PROPERTY INSPECTION • Environmental review will be done by City's Community Improvement Division** • The City's Community Improvement Division will submit all necessary documentation and certification to the Florida State Historic Preservation Officer for properties 45 years or older** • Depending on work specification, the SUBRECIPIENT will conduct a Lead Paint Inspection and assessment (if required) on properties built before 1978 • The SUBRECIPIENT will complete visual home inspection to itemize required repairs and write specifications • THE SUBRECIPIENT will develop and prepare work specifications for the needed improvements for bidding purposes. • THE SUBRECIPIENT will take and save photos of pre-construction condition **All homes to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. City staff will prepare the environmental review checklist. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer(SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed under housing activities unless the condition is corrected. No work can start on a site until the environmental review is complete and approved. Each improvement must be a permanent general improvement that correct defects or deficiencies in the property directly affecting the structural integrity, the safety, habitability, or energy consumption of the property. The homeowner will be responsible for moving his/her belongings to perform the improvements. REHABILITATION REQUIREMENTS Rehabilitation must satisfy the following requirements: • Homeowners' Insurance is required. Only those applicants who have or who can obtain the necessary property insurance, windstorm insurance and flood insurance (if required), will be considered for the program. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 89 of 1066 Exhibit B Scope of Services • The SUBRECIPIENT may pay for up to one-year(12 months) insurance premium for homeowners whose homes are uninsured as long the total cost of rehabilitation project doesn't exceed $25,000.00 • Prior to start of rehabilitation, the property must be inspected by the City of Boynton Beach Community Improvement Construction Coordinator to determine eligibility under the program. • All proposed rehabilitation must be outlined in the specifications and must address the deficiencies and/or accessibility improvements noted on the inspection report. • The SUBRECIPIENT will advertise and receive bids from currently licensed contractors based on the specifications, in accordance with 2 CFR 200.320 and select the lowest responsive and responsible bid. • All improvements must be completed by a currently licensed contractor for their respective trade. Any contractor who is excluded from the federal procurement, or is on the HUD's list of Debarred Contractors, is not eligible for to participate in the program. • A written construction contract will be prepared by the SUBRECIPIENT and executed between the contractor and homeowner. • A Notice of Commencement will be filed for all projects. • The contractor will notify the City's Community Improvement Construction Coordinator when application for permit has been made so the permit review can be expedited. • Property improvements will conform to all applicable zoning ordinances and all appropriate permits must be obtained. • Each rehabilitated property assisted with CDBG funds for single family rehabilitation must be a permanent improvement completed in compliance with applicable state, county and municipal health, housing, building, fire prevention and housing maintenance codes. • Lien waivers must be collected from all contractors and sub-contractors upon completion of rehabilitation. CHANGE ORDERS • Change orders are not permitted after the contract documents have been executed unless unanticipated deficiencies identified during the rehabilitation process will cause further damage to the home if not addressed. • Any changes in the scope of work, including the reason for the change must be documented in the file. • In the event that a change order occurs, loan amount will be adjusted DEFERRED LOAN TERMS • The maximum award is up to $25,000.00 per household. • The award will be in the form of a deferred loan to be recorded following the homeowner and contractor construction conference • Deferred loans have a zero percent (0%) interest requiring no monthly payments. • Deferred loans shall be secured by a Mortgage and Promissory Note payable to the City of Boynton Beach for one of the following terms and shall be fully forgiven at the end of the term of the loan: ❖ Up to $10,000.00— 3 years ❖ $10,000.00 -$15,000.00— 5 years ❖ $15,000.00 $25,000.00 — 10 years Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 90 of 1066 Exhibit B Scope of Services • The amount of the award will be based on the amount necessary to cure existing substandard conditions or accessibility. • Recording fees, title search and title insurance costs may be included in the loan amount as long as the loan amount does not exceed the maximum award amount • If the rehabilitation cost exceeds the maximum loan award ($25,000.00)the project will be referred to the City's Housing Rehabilitation Program which will require a deferred mortgage of 15 years. • The mortgage may be subordinated once and in conformance with the City's Subordination Policy (a copy of the City's Subordination Policy may be obtained by contacting the City's Community Improvement Division) as part of a refinance of the primary loan. • In the event of homeowner's death, heirs to the property who choose to make their property their Homestead, may be Income Certified, and if they make less than 80% of the Area Median Income, can continue the mortgage with same terms of forgiveness; otherwise the heirs must have to payoff the full amount of the loan. • If the home is sold or title is transferred during the term of loan, the full amount must be repaid to the City. • The loan is in default and shall be immediately due and payable to the city if any of the following occur during the term of the loan: ❖ The property is sold, title is transferred or otherwise conveyed prior to the expiration of the loan term. ❖ The property ceases to be the homestead of the homeowner prior the expiration of the loan term. ❖ The property is converted to a rental property ❖ Refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage PROJECT PUBLICITY In order to advance City's interest for public awareness and community engagement, the SUBRECIPIENT shall ensure that any news release or other type of publicity pertaining to the project as stated herein must recognize the "City of Boynton Beach" as the recipient funded by the U.S. Department of Housing and Urban Development and the entity that provided funds for the project. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 91 of 1066 EXHIBIT C Based on the Scope of Services as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds Rehabilitation* $340,000.00 Activity Deliver Cost— 15% $ 60,000.00 Totals $400,000.00 All reimbursement requests must be supported by an appropriate level of expense support documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved on the project and that all rehabilitation has been completed in accordance with local and state property requirements, all permits have been satisfied. *There shall be up two draws per each unit being rehabilitated. The first request upon completion of 50% of the rehabilitation and the second may be requested upon final completion of the project. Reimbursement will be pay after all supporting documents and work performed has been reviewed by the Community improvement Division. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPI ENT to adhere to these standards may result in delay of payment and /or disallowance of funding. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 92 of 1066 The following are hereby incorporated into this "Attachment 1" (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of`B+"or higher. (NOTE:An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ---------------------------------------------------------------------------------------------------------------------------------------------------- TYPE(Occurrence Based Only)MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $50,000.00 Broad Form Vendors Med.Expense(any one person) $5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate -$1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 93 of 1066 The following are hereby incorporated into this "Attachment 2" (Uniform Guidance Contract Provisions) by reference: Note: References to Project herein shall be deemed a reference to the services provided under the contract with SUBRECIPIENT by contractor. 2 CFR Part 200 Uniform Guidance Contract Provisions (1) Breach of Contract Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, currently set at $250,000 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. (Contracts for more than the simplified acquisition threshold, currently set at $250,000) (2) Termination All contracts in excess of$10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be affected and the basis for settlement(Contracts in excess of $10,000). In accordance with 2 CFR 200.341, suspension or termination may occur if the SUBRECIPIENT materially fails to comply with any term of this Agreement. The Agreement may also be terminated, by either parties, for convenience in accordance with 2 CFR 200.341, which provides for termination for mutual convenience, or partial termination for specified reasons. (3) Equal Employment Opportunity Required Language 41 CFR §60-1.4(b) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," (30 FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339) as amended by Executive Order 11375 of October 13, 1967, entitled "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR Part 60, entitled "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60.1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 41 C.F.R. Part 60-1.4(b) During the performance of this contract, the SUBRECIPIENT agrees as follows: (1) The SUBRECIPIENT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The SUBRECIPIENT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 94 of 1066 (2)The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3)The SUBRECIPIENT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provisions shall not apply to instance in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in the furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the employer, or is consistent with the contractors' legal duty to furnish information. (4) The SUBRECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The SUBRECIPIENT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The SUBRECIPIENT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the SUBRECIPIENT's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The SUBRECIPIENT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. (4) Contracted Work Hours and Safety Standards Compliance with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 95 of 1066 requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (Construction contracts in excess of $100,000 which involve the employment of mechanics or laborers) 29 C.F.R. § 5.5(b)provides Compliance with the Contract Work Hours and Safety Standards Act. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The SUBRECIPIENT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. (5) Clean Air and Water The SUBRECIPIENT must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to U.S. Treasury and the Regional Office of the Environmental Protection Agency (EPA) (Contracts, subcontracts, and subgrants of amounts in excess of$150,000) (6) Debarment and Suspension (Executive Orders 12549 and 12689) Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 96 of 1066 A SUBRECIPIENT award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189)and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (Contracts, subcontracts of amounts in excess of $25,000) SEPARATE CERTIFICATION DOCUMENTS INCLUDED FOR SIGNATURE. (7) Byrd Anti-Lobbying Amendment Compliance with the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—SUBRECIPIENTs that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. SEPARATE CERTIFICATION DOCUMENT INCLUDED FOR SIGNATURE. (8) Procurement of Recovered Materials The SUBRECIPI ENT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (9) Prohibition on Certain Telecommunications and Video Surveillance Services Or Equipment 2 CFR §200.216; Public Law 115-232, Section 889; 2 CFR §200.471 (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 97 of 1066 subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit SUBRECIPIENTs from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28 (ii)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the SUBRECIPIENT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or SUBRECIPIENT, unless elsewhere in this contract are established procedures for reporting the information. (2) The SUBRECIPIENT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 98 of 1066 incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The SUBRECIPIENT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments (10) Domestic Preference for Procurements (a) As appropriate and to the extent consistent with law, the SUBRECIPIENT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts and purchase orders for work or products under this contract. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (11)Contracting with small and minority businesses,women's business enterprise, and labor surplus area firms (2 CFR §200.321) The SUBRECIPIENT, if subcontracts are to be let, must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (a) — (e) of this paragraph. (12) Davis-Bacon and Related Act Requirements (40 U.S.C. 3141-3148; 29 CFR Part 5) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 99 of 1066 (40 U.S.C. 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal Awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or SUBRECIPIENT must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal Awarding agency. CONTRACT PROVISIONS (1)Access and Retention of Records The SUBRECIPIENT will make available to the City, Office of Inspector General and the Government Accountability Office any documents, papers or other records, including electronic records, of the SUBRECIPIENT that are pertinent to this contract, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to the SUBRECIPIENT's personnel for the purpose of interview and discussion related to such documents.This right of access shall continue for a period of five years after completion of project and final payment by the CITY. The SUBRECIPIENT is required to retain Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to this contract and must be retained for a period of five years from the completion of the project and final payment by the CITY, unless any litigation, claim, or audit is started before the expiration of the 5-year period, in which event, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. The City, Office of Inspector General and the Government Accountability Office shall have the right during normal business hours to conduct announced onsite and offsite physical visits of SUBRECIPIENTs corresponding to the duration of their records retention obligation. (2) Prohibiting Discrimination The SUBRECIPIENT agrees to comply, as applicable to this contract, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22,which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability; Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 100 of 1066 iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (3) Publications Any publications produced with funds from this contract must display the following language: "This project is being supported, in whole or in part by the Community Development Block Grant awarded to the City of Boynton Beach, passed through to the Boynton Beach Faith Based Community Development Corporation, Inc. by the U.S. Department of the Housing and Urban Development." (4) Increasing Seat Belt Use The SUBRECIPIENT is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The SUBRECIPIENT is to include this provision in each third-party subcontract providing services under this contract. The terms "company-owned" and "company- leased" refer to vehicles owned or leased either by the SUBRECIPIENT. (5) Reducing Text Messaging while Driving THE SUBRECIPIENT is encouraged to adopt and enforce policies that ban text messaging while driving. The SUBRECIPIENT is to include this provision in each third-party subcontract providing services under this contract. (6) Compliance with State, Local and Federal Requirements This is an acknowledgement that U.S. Department of Housing and Urban Development funds may be used to pay all or a portion of the contract. The SUBRECIPIENT and all subcontractors must comply will all applicable federal law, regulations, executive orders, U.S. Department of Housing and Urban Development, procedures, and directives. (7) No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (9) Program Fraud and False or Fraudulent Statements or Related Acts Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 101 of 1066 The SUBRECIPI ENT acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the SUBRECIPIENT's actions pertaining to this contract. GOVERNMENT WIDE DEBARMENT AND SUSPENSION OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 CFR, Part 180 (including the requirement to include a term or condition in all lower tier covered transactions and contracts and subcontracts described in 2 CFR, Part 180, Subpart B) requires that the award is subject to 2 CFR, Part 180 and Treasury's implementing regulation at 31 CFR, Part 19. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a. Debarred from participation in any federally assisted Contract; b. Suspended from participation in any federally assisted Contract; c. Proposed for debarment from participation in any federally assisted Contract; d. Declared ineligible to participate in any federally assisted Contract; e. Voluntarily excluded from participation in any federally assisted Contract; or f. Disqualified from participation in ay federally assisted Contract. By signing and submitting this form, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR, Part 180, Subpart C, as supplemented by 31 CFR, Part 19, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Date Print Name of Authorized Official Title Signature of Authorized Official Company Name Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 102 of 1066 CERTIFICATION REGARDING LOBBYING 31 U.S.C. 1352 2 CFR Part 200 Appendix II (1) 31 CFR Part 21 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5), 2 CFR Part 200 Appendix 11 (1), and 31 CFR Part 21. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTs shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Print Name & Title of Authorized Official Signature of Authorized Official Company Name Date Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 103 of 1066 Community Development Block Grant(CDBG) Subaward Grant Agreement between City of Boynton Beach, Florida and Boynton Beach Faith Based Community Development Corporation, Inc. for a CDBG subaward of an amount not to exceed$504,000.00 from a federal award issued by U.S. Department of Housing and Urban Development for the specific purpose of Acquisition of Property for Affordable Housing Purposes for Qualifying Households. SUBAWARD COVERSHEET INTERNAL TABLE— FOR CITY INTERNAL USE ONLY City Contract No.: City Contract No. Resolution R22— 099 Financial Services Department: Community Improvement Division CDBG Eligible Activity 24 CFR 570.202(b)(1)—Assistance to non-profit organizations, to acquire and to rehabilitate properties to use for residential purposes TABLE OF TERMS AND PROVISIONS Article 1: Standard CDBG Form Subaward Agreement................................................................................................. 1 Article2: The Parties...................................................................................................................................................... 1 Article 3: Notice of Federal Subaward............................................................................................................................ 1 Article 4: Term of Agreement and Subaward Period of Performance ...........................................................................3 Article5: Notice ..............................................................................................................................................................3 Article 6: NON-PROFIT DEVELOPER's Obligations and Responsibilities.................................................................... 3 Article 7: Procurement and Subcontracting Standards..................................................................................................5 Article8: Property Standards .........................................................................................................................................7 Article9: Budget.............................................................................................................................................................7 Article 10: Reimbursement Requests.............................................................................................................................9 Article11: Payment Terms........................................................................................................................................... 10 Article12: Return of Funds........................................................................................................................................... 11 Article 13: Progress Reporting and Subaward Closeout ............................................................................................. 12 Article 14: Maintenance, Retention, and Access to Records....................................................................................... 14 Article 15: Monitoring Requirements............................................................................................................................ 16 Article16: Audit Requirements..................................................................................................................................... 16 Article17: Insurance..................................................................................................................................................... 17 Article 18: Indemnification, Sovereign Immunity, and Liability.....................................................................................20 Article 19: Independent Contractor, Non-Agent NON-PROFIT DEVELOPER, and Third Parties.............................. 20 Article20: Confidentiality..............................................................................................................................................21 Article 21: Remedies for Noncompliance.....................................................................................................................23 Article22: Termination..................................................................................................................................................23 Article 23: General Provisions .....................................................................................................................................26 Article24: Attachments.................................................................................................................................................28 Article25: Entire Agreement ........................................................................................................................................29 Community Development Block Subaward Grant Agreement—Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. PageF1Ai Pb(1.066 Article 1: Standard CDBG Subaward Form Agreement A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form Agreement." Any changes to this standard form shall be noted separately through an amendment to the Agreement which must be separately executed by the parties to this Agreement in order to be binding upon the parties. Article 2: The Parties A. This Agreement is entered into by and between the two parties indicated in the following table: TABLE 1 -THE PARTIES Party#1 Name: City of Boynton Beach (the "City") Entity Type: A Florida Municipal Corporation Principal Address: 100 E. Ocean Avenue Boynton Beach, Florida 33435 Agreement Liaison Name: Dan Dugger, City Manager Email Address: duggerd@bbfl.us Party#2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a Community Based Development Organization (the "NON-PROFIT DEVELOPER") Entity Type: 501(c)(3) Not-for-Profit Principal Address: 2191 N Seacrest Blvd. Boynton Beach, FL 33435 Agreement Liaison Name: Keturah Joseph, Executive Director Email Address: kjbbfbcdc@yahoo.com B. The City and the NON-PROFIT DEVELOPER may unilaterally re-designate their respective agreement liaisons by providing written notice of such change to the other party in accordance with Article 5 ("Notice") of this Agreement. C. Both the City and the NON-PROFIT DEVELOPER may be individually referred to as "party" or collectively referred to as "parties" in this Agreement. Article 3: Federal Subaward Information A. Subaward Information. The table below provides basic information regarding the underlying subaward pursuant to which this Agreement is being entered. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa��119,5 pf 1066 TABLE 2—'SUBAWARD INFORMATION Subaward Project Acquisition of Real Property for an Elderly Rental Housing Program Description: through a Community��Based Development Organization (the "NON- PROFIT DEVELOPER"). Awarding Agency U.S. Department of Housing and Urban Development (the "Federal Awarding Agency")—Community Development Block Grant (the Description: "Federal Award")—City of Boynton Beach (the "Grantee"). Subaward ID No.: Resolution R22— 099 Resolution Date: 08/16/2022 B. Federal Subaward Amount. The amount of the underlying subaward is: $504,000.00. C. NON-PROFIT DEVELOPER Compliance with Federal Subaward. At all times during which the NON-PROFIT DEVELOPER is performing under this Agreement, the NON-PROFIT DEVELOPER shall comply with the award terms and conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal Awarding Agency. D. Compliance with the Federal Uniform Guidance. The NON-PROFIT DEVELOPER shall comply with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when meeting its obligations under this Agreement. E. References for Emphasis Only. The parties hereby agree that the specific provisions of the Uniform Guidance—or any other applicable federal, state, or local law—that are referenced in this Agreement are referenced for emphasis only. The exclusion of a specific applicable provision of law from this Agreement does not alleviate the NON-PROFIT DEVELOPER from its obligation to comply with any such applicable provisions. F. By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it has reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it understands its obligations pursuant to such federal regulations and guidance. G. Federal Subaward Amount.The amount of the Federal Subaward issued pursuant to this Agreement is an amount not to exceed $504,000.00 (the "Subaward"). This Agreement's use of"an amount not to exceed"shall in no way entitle the NON-PROFIT DEVELOPER to reimbursement or payment of the maximum amount provided unless such reimbursement or payments have been earned by the NON- PROFIT DEVELOPER in accordance with the terms and provisions of this Agreement. H. Required Information. Any additional information required pursuant to 2 CFR § 200.332 ("Requirements for Pass-Through Entities") may be found in the Required Information for Federal Subawards Schedule attached to this Agreement as "Exhibit A." Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa-giw_2 195 pf 1066 Article 4: Term of Agreement and Subaward Period of Performance A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both parties (the "Effective Date") and shall terminate on: 09/30/2023, unless extended or renewed in accordance with the terms of this Agreement. B. Subaward Period of Performance. 1. The "Subaward Period of Performance" is the time during which the NON-PROFIT DEVELOPER may incur obligations to carry out the work or services authorized under this Agreement. The NON-PROFIT DEVELOPER may not invoice for any work completed, or services rendered, outside of the Subaward Period of Performance. This provision is required pursuant to 2 CFR § 200.332(a)(1)(v). 2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/30/2023. Article 5: Notice Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be deemed effective as of date of receipt. TABLE 3—NOTICE To the City: City of Boynton Beach Attn: Dan Dugger, City Manager City Manager's Office, 4th. Floor 100 E. Ocean Avenue Boynton Beach, Florida 33435 To the NON-PROFIT Boynton Beach Faith Based Community Development Corporation, Inc. DEVELOPER: Attn: Keturah Joseph, Executive Director 2191 N. Seacrest Blvd. Boynton Beach, Florida 33435 Article 6: NON-PROFIT DEVELOPER's Obligations and Responsibilities A. Scope of Services. 1. The NON-PROFIT DEVELOPER shall be responsible for meeting the objectives of this Subaward, as detailed in the Scope of Services attached to this Agreement as "Exhibit B", in a manner that is deemed satisfactory by the City and consistent with the standards set forth in this Agreement, the Federal Award, and any directives or guidance issued by the Federal Awarding Agency. 2. The NON-PROFIT DEVELOPER shall not obligate, encumber, spend, or otherwise utilize funds provided pursuant to this Agreement for any activity or purpose not included in, or in conformance with, the Scope of Services. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa- "19-6 pf 1066 B. NON-PROFIT DEVELOPER's Agreement Liaison. The NON-PROFIT DEVELOPER's agreement liaison identified in TABLE 1 — THE PARTIES, or as re-designated pursuant to Article 2, Paragraph B above, shall be available to communicate and meet with the City's agreement liaison and relevant City staff in order to review the NON-PROFIT DEVELOPER's performance pursuant to this Agreement. The City reserves the right to, at no additional cost to the City, require that the NON- PROFIT DEVELOPER change its agreement liaison if the City's agreement liaison believes doing so best serves the performance or objectives of the Subaward, or this Agreement. C. Licenses and Approvals. The NON-PROFIT DEVELOPER hereby represents and warrants that it has and will continue to maintain all licenses, insurances and approvals required to meet its obligations under the Scope of Services, and that it will at all times conduct its activities in a reputable manner. Proof of such licenses, insurances and approvals shall be submitted to the City within three (3) business days upon request. Failure by the City to request such proof of licensure, insurance and approvals shall in no manner be construed as alleviating the NON-PROFIT DEVELOPER's obligations pursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability onto the City. D. Employees of the NON-PROFIT DEVELOPER. 1. Skillful Provision of Services.All services or work provided pursuant to this Agreement shall be performed by the employees, volunteers, associates, or agents of the NON-PROFIT DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) in a professional and skillful manner. 2. Employee Licensure. Any employee, volunteer, associate, or agent of the NON-PROFIT DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) whose performance under this Agreement requires licensure shall have such valid and active licensure for the full duration of their performance under this Agreement. 3. Removal of Employees. The City may require the NON-PROFIT DEVELOPER to remove any employee, volunteer, associate, or agent of the NON-PROFIT DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) that the City's agreement liaison — using their sole discretion — deems to be incompetent, careless, or otherwise objectionable from performing work or services related to this Agreement. The City shall not be responsible for any costs related to such removal. 4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes, the NON-PROFIT DEVELOPER must certify that it is registered with, and uses, the E-Verify system to verify the work authorization status of all newly hired employees. The NON-PROFIT DEVELOPER must further certify that it does not employ, contract with, or subcontract with an unauthorized alien, and shall provide an affidavit affirming this prior to the effective date of the contract. These certifications shall be provided by use of the E-Verify Use and Registration Certification found attached to this Agreement as "Form 2". Violation of s. 448.095, Florida Statutes, may result in the Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement. E. Non-Discrimination. 1. The NON-PROFIT DEVELOPER shall, at no time during the provision of services funded through this Agreement, discriminate based on race, color, religion, national origin, sex, or sexual orientation. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa-#g41951Df 1066 2. The NON-PROFIT DEVELOPER shall comply with any and all federal, state, and local anti- discrimination laws, rules, and regulations. For further information about the federal anti- discrimination requirements for this Agreement, see Attachment 2, ("Federal Award and Contract Terms"). F. Inherently Religious Activities. When expending the Subaward, the NON-PROFIT DEVELOPER must adhere to the following conditions: 1. The NON-PROFIT DEVELOPER must not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of its provision of the services funded in whole or in part by the Subaward; 2. Such inherently religious activities must be offered separately, in time or location, from the Subaward-funded services; and 3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries of the Subaward-funded services; therefore, the NON-PROFIT DEVELOPER shall not implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward on participation in any inherently religious activities. G. Public Entity Crimes and Scrutinized Companies. 1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this Agreement as "Form 3," the NON-PROFIT DEVELOPER must certify that: a. The NON-PROFIT DEVELOPER does not meet the definition of "Scrutinized Company" pursuant to Section 215.473, Florida Statutes; and b. The NON-PROFIT DEVELOPER — or any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the NON-PROFIT DEVELOPER or an affiliate of the NON-PROFIT DEVELOPER — has not been convicted of a public entity crime pursuant to Section 287.133(3), Florida Statutes. 2. The City reserves the right of Immediate Termination (as later defined in Article 22 ("Termination")) of this Agreement should the NON-PROFIT DEVELOPER: a. Be found to have falsified its certification in "Form 3"; or b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to either Section 287.133, Florida Statutes ("Public Entity Crime; Denial or Revocation of the Right to Transact Business with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against Contracting with Scrutinized Companies") subsequent to entering into this Agreement with the City. Article 7: Procurement and Subcontracting Standards A. Procurement. The NON-PROFIT DEVELOPER must comply with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and must use such procedures when expending the Subaward where NON-PROFIT DEVELOPER is conducting its own procurement to satisfy the objectives of this Subaward, as detailed in the Scope of Services, attached as "Exhibit B". Does the NON-PROFIT Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa- "19!�pf 1066 DEVELOPER maintain written purchasing procedures in compliance with the aforementioned federal Procurement Standards? "Yes" or"No": If"Yes," then: By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it maintains written purchasing procedures in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards") and will use such procedures when expending the Subaward. If"No," then: By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it does not maintain written purchasing procedures that are in compliance with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the NON-PROFIT DEVELOPER hereby agrees to develop and use written purchasing procedures in compliance with the Procurement Standards for expending the Subaward OR agrees to use the City's Purchasing Policy Manual. The City's Purchasing Policy Manual can be obtained by contacting the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00. The Simplified Acquisition Threshold provided for in this Agreement is the one that the NON-PROFIT DEVELOPER — and any of its sub-NON-PROFIT DEVELOPERs — must use when making its expenditures of the Subaward. If NON-PROFIT DEVELOPER is utilizing the City's purchasing procedures, NON-PROFIT DEVELOPER must use the City's more restrictive (lower) simplified acquisition threshold. C. Subcontracting. 1. Federally Required Contract Provisions and Award Terms and Conditions. The NON- PROFIT DEVELOPER shall insert the relevant contract provisions and certification documents identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non-Federal Entity Contracts Under Federal Awards") applicable award terms into all contracts into which it enters while expending the Subaward. The City has provided a copy of such Federal Award and Contract Terms, which are attached as "Attachment 2." 2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises ("WBE"), and Labor Surplus Area Firms. The NON-PROFIT DEVELOPER must execute the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'), and Labor Surplus Area Firm Certification attached as"Form 4" stating that the NON-PROFIT DEVELOPER shall take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise,Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of subcontractor(s) or procurements as required by the Federal Government in 2 CFR § 200.321. 3. Engaging in subcontracting, pursuant to this Agreement without complying with the requirements of this article is strictly prohibited. D. Sub-Subawards. 1. Approval by the City. The NON-PROFIT DEVELOPER shall not issue sub-subawards to any non-Federal entity without first receiving approval from the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Iia-#�% oj(�Pf 1066 2. Pass-Through Requirements. a. The NON-PROFIT DEVELOPER must pass through all obligations of the Federal Award and any placed upon the NON-PROFIT DEVELOPER under this Agreement to any of its sub-NON-PROFIT DEVELOPERs through a federally-compliant NON- PROFIT DEVELOPER agreement. b. The NON-PROFIT DEVELOPER must comply with all provisions of 2 CFR § 200.332 ("Requirements for Pass-Through Entities")and any other applicable provisions of the Uniform Guidance when issuing a subaward to a sub-NON-PROFIT DEVELOPER. E. NON-PROFIT DEVELOPER/Contractor Determinations. Prior to entering into an agreement with a third-party entity that is in part or in whole funded by the Subaward, the NON-PROFIT DEVELOPER shall analyze the nature of such agreement pursuant to the provisions of 2 CFR § 200.331 ("NON- PROFIT DEVELOPER Subcontractor Determinations")to determine which type of relationship and requirements apply. Article 8: Property Standards A. By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it shall comply with 2 CFR§§200.310-200.316 ("Property Standards")and will use such procedures when handling and managing any supplies, equipment, real estate, or other property procured with any portion of the Subaward. B. Except as otherwise provided by Federal Statutes or by the U.S. Department of Housing and Urban Development, real property will be used for the originally authorized purpose as long as needed for that purpose (i.e. affordable housing), during which time the non-Federal entity or NON-PROFIT DEVELOPER may not dispose of or encumber its title or other interests. C. The NON-PROFIT DEVELOPER shall maintain inventory records of all supplies, equipment, real estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or otherwise dispose of any such property without the written permission of the City. If the property is no longer needed for the originally authorized purpose, the NON-PROFIT DEVELOPER shall request disposition of the property, in writing, to the City in which case the procedure in 2 CFR §§ 200.311 shall be adhered to. Article 9: Budget A. Approved Budget. The City-approved Budget for the Subaward is attached to this Agreement as "Exhibit C" and shall be the basis for which the City provides payment to the NON-PROFIT DEVELOPER. B. Budget Amendments. 1. In General. Requests to amend the Budget contemplated in this Agreement: a. Must be received by the City no later than forty-five (45) days prior to the expiration of this Agreement's term; b. Shall be made prior to the NON-PROFIT DEVELOPER incurring any expenses that are not expressly provided for in the Budget; and C. Shall be considered and approved at the sole discretion of the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa- 1oj tjDf 1066 2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing, informally approve the following types of Budget amendments: a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then the City's agreement liaison may, in writing, informally approve requested amendments to the Budget that: (1) Do not increase the maximum Subaward amount; and (2) Are deemed by the City's Agreement Liaison as being consistent with the Scope of Services attached as "Exhibit B". b. Non-Discretionary Federal Awards. If the Federal Awarding Agency approved the Budget contemplated in this Agreement, then the City's Agreement Liaison may, in writing, informally approve amendments to the Budget only upon receipt of written approval of such amendments by the Federal Awarding Agency. 3. Formal Budget Amendments. Budget amendments that do not meet either requirement of Paragraph B of this Article may not be informally amended by the City's Agreement Liaison and, instead, must be made by formal written amendment mutually executed by both parties to this Agreement. C. Program Income. 1. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the NON-PROFIT DEVELOPER that is directly generated by a supported activity or earned as a result of the Subaward during the Subaward Period of Performance. Program Income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under the Subaward, the sale of commodities or items fabricated under the Subaward, license fees and royalties on patents and copyrights, and principal and interest on loans made with Subaward Funds. Interest earned on advances of the Subaward is not program income. Except as otherwise provided, Program Income does not include rebates, credits, discounts, and interest earned on any of those items. 2. In the event that the NON-PROFIT DEVELOPER generates Program Income, unless otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the NON-PROFIT DEVELOPER shall: a. Calculate, document, and record such Program Income and its intended use or uses; b. Report such Program Income to the City as part of the required Progress Report, pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant to Article 13, Paragraph C.; C. Add the Program Income to the Subaward and use for continued activities related to the purposes and conditions of this Subaward. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa-#"bjZ pf 1066 Article 10: Reimbursement Requests A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual funding-eligible costs as permitted by this Agreement. In order to obtain payment, the NON-PROFIT DEVELOPER shall make funding-eligible expenditures and thereafter submit a "Reimbursement Request(s)"to the City for such expenditures pursuant to the terms found in this Article and additional instructions on Exhibit B "Scope of Services"— Item D "Payment Schedule". B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget category from which each request is drawing. C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests submitted by the NON-PROFIT DEVELOPER must: 1. Include enough detail so that the City is able to confirm that the NON-PROFIT DEVELOPER has only requested reimbursement of funding-eligible expenses that were incurred by the NON-PROFIT DEVELOPER in compliance with the terms of this Agreement. 2. Includes a dated cover letter of the NON-PROFIT DEVELOPER's organization, with a description defining the period of performance dates which it is has incurred eligible expenses that is now being requested for reimbursement. 3. If the Budget attached as"Exhibit C" has line-items or funding categories, indicate which line- item or funding category under which each funding-eligible cost is being requested for reimbursement. 4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally required attestation executed by an individual that is able to legally authorized to do so by the NON-PROFIT DEVELOPER: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal Award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." 5. By executing this Agreement, the NON-PROFIT DEVELOPER hereby affirms that it understands that the above are minimum standards for invoices only and are not meant to represent an exhaustive list of what the City's Agreement Liaison may request or require in order to consider a Reimbursement Request complete or to approve such request for reimbursement. D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of Services" attached to this Agreement as "Exhibit B", which hereby supersedes the frequency and due date for Reimbursement Requests noted in this provision if there is a conflict between the two, invoices are due as followed: 1. General Reimbursement Requests. The period for submission of General Reimbursement Requests shall be monthly with such invoices due to the City by the 15th of the month Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. P egb'(:�pf 1066 subsequent to the provision of services for which the City is being invoiced. Should the NON- PROFIT DEVELOPER fail to timely submit its General Reimbursement Request for any particular month, it accepts the risk that the City may choose not to provide reimbursement for any expenses the NON-PROFIT DEVELOPER incurred during such month. 2. Initial Reimbursement Request. a. If the Subaward Period of Performance began on a date prior to the execution of this Agreement, the NON-PROFIT DEVELOPER shall submit an Initial Reimbursement Request that covers all funding-eligible expenses for the period of time beginning on the first day of the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and ending on the date of execution of this Agreement. This Initial Reimbursement Request shall be submitted no later than the date that the first General Reimbursement Request is due to the City. b. This Initial Reimbursement Request shall not be required if the Subaward Period of Performance and date of execution of this Agreement occur in the same month. If such occurs, the first General Reimbursement Request may include all expenses made for that month. 3. Final Invoices. Final Invoices shall be due to the City no later than thirty (15) calendar days after the expiration or termination of this Agreement or last date of eligible expenditures by the NON-PROFIT DEVELOPER, whichever the earlier of the dates. 4. Performance Period with No Expenses. In periods where eligible expenses have not been incurred by the NON-PROFIT DEVELOPER, the NON-PROFIT DEVELOPER is not required to submit a General or Initial Reimbursement Request for zero dollars. However, the NON- PROFIT DEVELOPER may still be required to submit a Progress Report over this same period in accordance with Article 13. E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to withhold or deny payment on any Reimbursement Request if such request: 1. Is incomplete or fails to provide the requisite supporting documentation; 2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or 3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any directives issued by the Federal Awarding Agency. Article 11: Payment Terms A. Local Government Prompt Payment Act. The City shall make payments to the NON-PROFIT DEVELOPER for work performed, or services provided, pursuant to this Agreement, in accordance with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes. B. Federal Funding Availability. The City is only responsible for payments to the NON-PROFIT DEVELOPER for which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency determines that a specific cost or expense requested by the NON-PROFIT DEVELOPER is not permitted to be reimbursed under the terms and conditions of the Federal Award, the City shall not be responsible for making payment to the NON-PROFIT DEVELOPER for that specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to the City for any reason, the City may subsequently withhold or deny funding to the NON-PROFIT Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gvo1oj4pf 1066 DEVELOPER. C. Payment Limitations. The City shall not make payments for, or in any way be responsible for, payment to the NON-PROFIT DEVELOPER for any of the following: 1. Any goods or services provided that do not fall within the "Scope of Services" attached as "Exhibit B"; 2. Any goods or services that fall within the attached Scope of Services, but that such payment can be made through a third-party program or insurance provider D. Prohibition on Duplicative Funding. The NON-PROFIT DEVELOPER may not accept duplicate funding for any cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as more than one-hundred percent (100%) payment from all funding sources for any cost, position, service, or deliverable. If duplicate funding is discovered, this Agreement may be suspended while the extent of the overpayment is determined, or may be terminated. Such suspension or termination may be initiated at the sole discretion of the City. E. Costs in Excess of Award. Any costs or expenses incurred by the NON-PROFIT DEVELOPER that exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the NON-PROFIT DEVELOPER outside of the Subaward Period of Performance, shall be the sole responsibility of the NON-PROFIT DEVELOPER. F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or any non-Federal Award monies to make payment to the NON-PROFIT DEVELOPER for any costs or expenses incurred by the NON-PROFIT DEVELOPER pursuant or related to this Agreement or the Federal Award. G. Funds Paid in Advance. If the NON-PROFIT DEVELOPER is provided Subaward funds in advance pursuant to this Agreement, the NON-PROFIT DEVELOPER and the City must agree to and execute the Subaward Advance Terms and Certification attached to this Agreement as "Form 5."Additionally, the NON-PROFIT DEVELOPER hereby certifies to the City that, if it receives an advance of the Subaward, it will comply with the following: 1. Federal Advance Requirements. The NON-PROFIT DEVELOPER shall comply with 2 CFR § 200.305(b) ("Federal Payment") and therefore shall: a. Maintain written procedures that minimize the time elapsing between: (i) the transfer of funds by the City to the NON-PROFIT DEVELOPER, and (ii) the NON-PROFIT DEVELOPER's disbursement of those funds for direct project costs and the proportionate share of any allowable indirect costs; b. Review 2 CFR § 200.305(b) and maintain financial management systems that comply with the standards therein for fund control and accountability; and C. Make timely payment to its contractors and vendors. Article 12: Return of Funds A. Unauthorized Expenditures. The NON-PROFIT DEVELOPER shall reimburse the City for all unauthorized or funding-ineligible expenditures. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. PFgg1?1'bJ,5pf 1066 B. Payment(s) in Error. The NON-PROFIT DEVELOPER shall return to the City any payments made to the NON-PROFIT DEVELOPER that were made in error or were in any manner fraudulent or inconsistent with the "Scope of Services"attached as "Exhibit B" or the Federal Award ("Payment(s) in Error"). 1. In the event that the NON-PROFIT DEVELOPER, or any outside accountant or auditor, determines that a Payment in Error was made, the NON-PROFIT DEVELOPER shall return to the City any associated funds no later than ten (10) business days from when the NON- PROFIT DEVELOPER became aware of such Payment in Error. 2. In the event that the City discovers a Payment in Error, the City shall notify the NON-PROFIT DEVELOPER and the NON-PROFIT DEVELOPER shall return any associated funds to the City no later than ten (10) business days from the NON-PROFIT DEVELOPER's receipt of such notice. C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a disallowance or finding that an expense or cost for which the City provided Subaward funding to the NON-PROFIT DEVELOPER was in any way improper or not in compliance with the Federal Award, the NON-PROFIT DEVELOPER shall return any associated funds to the City within a reasonable time period as mutually agreed upon by the City and the NON-PROFIT DEVELOPER, or within six (6) months, whichever is the later of the dates. D. Delay or Failure to Return Funds. Should the NON-PROFIT DEVELOPER fail to reimburse the City for any Payment in Error or Federal Disallowance within the time designated, the City may respond with any number of the following actions: 1. Charge an interest rate as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest shall accrue from the date of the NON-PROFIT DEVELOPER's initial receipt of overpayment funds up to the date of reimbursement of said overpayment funds to the City; 2. Withhold any or all future payments until the amount of such overpayment has been recovered by the City; 3. Terminate this Agreement; 4. Bar the NON-PROFIT DEVELOPER from being considered when issuing future Federal Subawards or other City agreements; and 5. Pursue any other remedies permitted by law. Article 13: Progress Reporting and Subaward Closeout A. Progress Reporting 1. Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form approved by the City's agreement liaison noted in TABLE 1 — THE PARTIES, or as later re- designated pursuant to Article 2, Paragraph B. 2. Minimum Standards for Progress Reports.At minimum, such Progress Reports must detail the outputs, outcomes, and progress the NON-PROFIT DEVELOPER has made in accomplishing the objectives of the "Scope of Services" attached as "Exhibit B." The City reserves the right to reasonably and unilaterally revise such approved form and request any Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf21bJ(51Df 1066 additional supporting documentation from the NON-PROFIT DEVELOPER as it deems necessary to meet its federal reporting requirements and monitoring obligations. 3. Progress Report Frequency and Due Dates. Unless otherwise stated in the Scope of Services, which hereby overwrites the frequency and due date of Progress Reports noted in this provision if there is a conflict between the two, Progress Reports shall be submitted on a monthly basis and are due by the 15th of the month subsequent to the provision of services of which the NON-PROFIT DEVELOPER is reporting. 4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the required Progress Reports in accordance with this Article may necessitate the City's withholding of payment on any subsequent Reimbursement Requests and shall be considered cause for termination by the City pursuant to the terms of termination in this Agreement. 5. Advances. If portion of the Subaward was advanced,failure to provide the required Progress Reports in accordance with this Article will obligate the NON-PROFIT DEVELOPER to, at the City's written request, return to the City the balance of any unexpended advanced Subaward funds. B. Annual Reporting Information. NON-PROFIT DEVELOPER shall, upon request by the City's Agreement Liaison or designee, make available NON-PROFIT DEVELOPER data and other information related to the Scope of Services. This information will assist the City in its annual reporting obligation to the Federal Awarding Agency by September 30 of each year and will also be published on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information requested will be related to overall performance, program outcomes and impacts, and program approaches related to promoting equitable outcomes in the delivery of services. C. Subaward Closeout. 1. All financial, performance, and other reports as required by the terms of this Subaward must be submitted to the City no later than (15) days after the end date of the Subaward Period of Performance. 2. Any earned and expended Program Income generated as a result of this Subaward must be calculated and documented with justification on its uses related to the purposes and conditions of the Subaward to the City no later than (15) days after the end date of the Subaward Period of Performance. 3. The closeout of the Federal Award, or this Subaward, does not affect any of the following: a. The right of the Federal Awarding Agency or the City to disallow costs and recover funds on the basis of a later audit or other review. The Federal Awarding Agency or City must make any cost disallowance determination and notify the NON-PROFIT DEVELOPER within the record retention period. b. The requirement for the NON-PROFIT DEVELOPER to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. C. The ability of the Federal Awarding Agency to make financial adjustments to a previously closed award such as resolving indirect cost payments and making final payments. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf31bJ-6pf 1066 d. Audit requirements in 2 CFR Part 200, Subpart F. e. Property management and disposition requirements in §§200.310 through 200.316 of 2 CFR Part 200. f. Records retention as required in §§ 200.334 through 200.337 of 2 CFR Part 200. 4. After closeout of the Federal Award, orthis Subaward, a relationship created underthe Federal Award, or this Subaward, may be modified or ended in whole or in part with the consent of the Federal Awarding Agency or the City and the NON-PROFIT DEVELOPER, provided the responsibilities of the NON-PROFIT DEVELOPER, including those for property management as applicable, are considered and provisions made for continuing responsibilities of the NON- PROFIT DEVELOPER, as appropriate. Article 14: Maintenance, Retention, and Access to Records A. The NON-PROFIT DEVELOPER, and its subcontractors (if any) that are providing services or otherwise performing pursuant to this Agreement shall abide by the requirements of this Article. 1. The NON-PROFIT DEVELOPER shall establish and utilize generally accepted accounting principles in the maintenance of all records relating to this Agreement. Such practices shall comply with the general acceptable accounting principles and shall fully and accurately reflect, track, and document the NON-PROFIT DEVELOPER's financial activities. 2. The NON-PROFIT DEVELOPER shall establish and maintain separate accounting records for the NON-PROFIT DEVELOPER's activities in meeting its obligations pursuant to this Agreement with sufficient documentation to identify the associated expenditures (e.g. detailed invoices, cancelled checks, payroll journals, bank statement reconciliations, etc.)and establish that such expenditures are allowable, necessary, and reasonable under this Agreement, the Federal Award, and any directives issued by the Federal Awarding Agency. 3. The NON-PROFIT DEVELOPER shall furnish the City with any and all data needed for the purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include information on the services provided or work performed, and any other data that may be required by the City, in its sole discretion, to adequately evaluate the NON-PROFIT DEVELOPER's performance under this Agreement. 4. All records that were created, utilized, or maintained for the purpose of fulfilment of the NON- PROFIT DEVELOPER's obligations pursuant to this Agreement, whether paper or electronic ("Relevant Records"), shall be retained by the respective record holder for a period of five (5) years after termination of this Agreement, including any extensions or renewals of this Agreement. 5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a period of five (5) years after the resolution of any such event. 6. The NON-PROFIT DEVELOPER shall permit the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives to access, review, or reproduce any and all Relevant Records. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. PFgg1?41oJ51Df 1066 7. If the "Scope of Services" in "Exhibit B" is site-specific, or construction-related, access to the stated construction or work site shall be provided to the City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives. 8. The NON-PROFIT DEVELOPER shall ensure that the provisions of this Article are incorporated into any agreements into which it enters that are related to this Agreement and the Federal Award. B. Public Records. 1. Pursuant to Section 119.0701, Florida Statutes, the NON-PROFIT DEVELOPER shall: a. Keep and maintain public records required by the City to perform the service. b. Upon request from the City, 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 amount set by the City. 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 this Agreement's term and following completion of this Agreement if the NON-PROFIT DEVELOPER does not transfer the records to the City. d. Upon completion, or termination, of this Agreement, transfer, at no cost, to the City all public records in possession of the NON-PROFIT DEVELOPER or keep and maintain public records required by the NON-PROFIT DEVELOPER to perform the service in accordance with Florida law. e. If the NON-PROFIT DEVELOPER transfers all public records to the City upon completion of the Agreement, the NON-PROFIT DEVELOPER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the NON-PROFIT DEVELOPER keeps and maintains public records upon completion of this Agreement, the NON-PROFIT DEVELOPER shall meet all applicable requirements for retaining public records in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE NON-PROFIT DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE NON-PROFIT DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE NON-PROFIT DEVELOPER SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK PO BOX 310 BOYNTON BEACH, FL 33435 Phone: 561-742-6061 Email: CITYCLERK@BBFL.US Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf51oj5pf 1066 2. Florida Agencies. If the NON-PROFIT DEVELOPER is an "Agency" as defined by Section 119.011, Florida Statutes, then the NON-PROFIT DEVELOPER shall comply with its own obligations under Chapter 119, Florida Statutes. The NON-PROFIT DEVELOPER additionally agrees to cooperate in good faith with the City in the handling of public records created under this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the contrary, the NON-PROFIT DEVELOPER will not be required to destroy any records in its custody in violation of Chapter 119, Florida Statutes. Article 15: Monitoring Requirements A. Monitoring. The NON-PROFIT DEVELOPER shall permit the City, the Clerk, or the designees of either such government agency, to periodically monitor the NON-PROFIT DEVELOPER's performance and programmatic and financial activities, pursuant to the requirements found in 2 CFR § 200.332 ("Requirements for Pass-Through Entities") and any other relevant federal laws, regulations, or guidance. B. Letter of Findings. 1. If the City, the Clerk, or the designee of either such government agency, discovers any defect in the NON-PROFIT DEVELOPER's performance under this Agreement (whether programmatic, financial, etc.), then a "Letter of Findings"may be provided to the NON-PROFIT DEVELOPER. 2. The NON-PROFIT DEVELOPER shall respond to any such Letter of Findings with a Corrective Action Plan and Implementation Schedule, as instructed by the City, the Clerk, or the designee of either such government agency, within thirty (30) calendar days of the date of the Letter of Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall constitute a material breach and may result in termination of this Agreement. 3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such government agency, to first issue such a "Letter of Findings" to the NON-PROFIT DEVELOPER prior to the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted through this Agreement, including but not limited to the right to terminate this Agreement. Article 16: Audit Requirements A. Auditing. The NON-PROFIT DEVELOPER shall comply with the federal auditing requirements found in 2 CFR Subpart F ("Audit Requirements"). B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized designees shall have the right to audit NON-PROFIT DEVELOPER's: 1. Disbursement of the Subaward; 2. Service or program delivery; and 3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the Federal Award. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pR@gWQ pf 1066 C. Mandatory Audit, Certification,and Audited Financial Statement. In determining the federal award amounts expended during its fiscal year, the NON-PROFIT DEVELOPER shall consider all sources of federal awards including federal resources received from the State or other agencies. 1. If the NON-PROFIT DEVELOPER expends seven hundred fifty thousand dollars ($750,000) or more in federal awards during its fiscal year, the NON-PROFIT DEVELOPER must have a single audit completed and conducted in accordance with 2 CFR § 200.514 ("Scope of Audit"), unless the NON-PROFIT DEVELOPER elects to have a program-specific audit in accordance with 2 CFR § 200.501(c) ("Audit Requirements"). 2. If the NON-PROFIT DEVELOPER expends less than seven hundred fifty thousand dollars ($750,000) in federal awards during the fiscal year, the NON-PROFIT DEVELOPER shall: a. Provide an annual certification to the City that a single audit was not required; and b. Annually submit an Audited Financial Statement to the City. 3. If the NON-PROFIT DEVELOPER is mandated to have an audit performed due to its expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards within one fiscal year, that audit must be completed no later than one-hundred and eighty(180) calendar days after the close of the NON-PROFIT DEVELOPER's fiscal year. D. Submission of Audits and Audited Financial Statements. 1. The NON-PROFIT DEVELOPER shall submit to the City any and all auditor's report received by the NON-PROFIT DEVELOPER related to its obligations under this Agreement within ten (10) business days of receipt. 2. A copy of the Single Audit Reporting Package, including the associated management letter, which was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice provision in this Agreement, with a copy provided to the City at the following: City of Boynton Beach Department of Financial Services Attn: Community Improvement Division 100 E Ocean Avenue Boynton Beach, FL 33435 E. The Federal Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse either thirty (30) calendar days after receipt of the auditor's report, or nine (9) months after the end of the entity's fiscal year end date. Such audits shall be submitted electronically via the following website: https:Hharvester.census.gov/facweb/. F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement and may result in the withholding or denial of any requests for payment or reimbursement to the NON- PROFIT DEVELOPER. Article 17: Insurance A. The NON-PROFIT DEVELOPER agrees to, on a primary basis and at its sole expense, at all times throughout the duration of this Agreement maintain the following types of insurance coverage with limits and on forms (including endorsements) as described in this Article. These requirements, as well Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gv71R j pf 1066 as the City's review or acceptance of insurance maintained by the NON-PROFIT DEVELOPER is not intended to, and shall not in any manner, limit or qualify the liabilities or obligations assumed by the NON-PROFIT DEVELOPER under this Agreement. B. The NON-PROFIT DEVELOPER shall require and ensure that each of its sub-contractors/consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified in this Article, the "Scope of Services" Exhibit B and "Attachment 1" (Insurance Advisory Form). C. The NON-PROFIT DEVELOPER shall have in full force the following insurance coverage, and will provide Certificates of Insurance to the NON-PROFIT DEVELOPER prior to commencing operations under this Agreement to verify such coverage during the duration of this Agreement: 1. All NON-PROFIT DEVELOPERs: Commercial General Liability — The NON-PROFIT DEVELOPER shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate, products completed/operations aggregate, and personal advertising Injury; and, all other insurance coverage reasonably required by the City. NON-PROFIT DEVELOPER further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insured. The NON-PROFIT DEVELOPER agrees to endorse the City as an Additional Insured with a CG 20 26 Additional Insured—Designated Person or Organization endorsement, or its equivalent to all commercial general liability policies. The coverage shall contain no limitations on the scope of protection afforded the City, its officers, officials, employees or volunteers. The certificate holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida. 2. NON-PROFIT DEVELOPERs Providing Services at City Facilities: Workers' Compensation — The NON-PROFIT DEVELOPER shall maintain coverage for its employees with statutory workers' compensation limits and no less than one million dollars ($1,000,000) for each incident of bodily injury or disease for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City if services are being provided at City facilities. Elective exemptions as defined in Chapter 440, Florida Statutes, will be considered on a case-by-case basis. Any Agency using an employee leasing arrangement shall complete the Leased Employee Affidavit attached as "Form 6." Business Automobile Liability— The NON-PROFIT DEVELOPER shall maintain coverage for all owned; non-owned and hired vehicles issued on the most recent version of ISO form as filed for use in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per accident. In the event the NON-PROFIT DEVELOPER does not own automobiles, the NON-PROFIT DEVELOPER shall maintain coverage for hired and non- owned auto liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 3. NON-PROFIT DEVELOPERs Providing Services to Vulnerable Populations: Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand dollars ($100,000) per occurrence shall also be included for those programs that provide Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gfg'RZ pf 1066 services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida Statutes. 4. NON-PROFIT DEVELOPERs Providing Services that are of a Professional Nature: Professional Liability with a limit of not less than one million dollars($1,000,000)perwrongful act or claim. For policies written on a claims-made basis, the NON-PROFIT DEVELOPER agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event the policy is cancelled, non-renewed, switched to occurrence form or any other event that triggers the right to purchase a Supplemental Extended Reporting Period ("SERP") during the life of this Agreement the NON-PROFIT DEVELOPER agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the NON-PROFIT DEVELOPER of the obligation to provide replacement coverage. D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial Strength Rating of A-Class VIII. E. Any request for an exception to these insurance requirements must be submitted in writing to the City for approval. F. The NON-PROFIT DEVELOPER shall provide to the City current certificates of insurance evidencing all required coverage prior to execution and commencement of any operations/services provided under this Agreement. In addition to the certificate(s) of insurance the NON-PROFIT DEVELOPER shall also provide copies of any applicable endorsements as required above. G. For continuing service contracts, renewal certificates shall be submitted upon request by either the City or its certificate management representative. The certificates shall clearly indicate that the NON- PROFIT DEVELOPER has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. No material change or cancellation of the insurance shall be effective without thirty (30) calendar days prior written notice to the City. Certificates shall specifically reference the respective Agreement number. The certificate holder shall read: City of Boynton Beach, Florida Attention: Risk Management Department 100 E. Ocean Avenue Boynton Beach, FL 33435 H. State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a"state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes): 1. Paragraphs A — G of this Article are not applicable. However, such paragraphs do apply to any of the NON-PROFIT DEVELOPER's subcontractors that are not agencies or political subdivisions of the State of Florida and must be included by the NON-PROFIT DEVELOPER in any such subcontracts. 2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes, the NON-PROFIT DEVELOPER may self-insure its liability with coverage limits of one million Dollars ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF@gf91R3 pf 1066 the Florida legislature. A statement of self-insurance shall be provided to the City's Risk Management Department at the address in Paragraph G of this Article. Article 18: Indemnification, Sovereign Immunity, and Liability A. Indemnification. The NON-PROFIT DEVELOPER agrees to defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the NON-PROFIT DEVELOPER, its officers, directors, employees, and/or agents relating to the NON-PROFIT DEVELOPER's performance or failure to perform under this Agreement. This section shall survive the expiration or termination of this Agreement. B. Sovereign Immunity. 1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida Statutes. 2. State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a "state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph 13.1. of this Article applies to the NON-PROFIT DEVELOPER in the same manner in which it applies to the City. C. Liability. 1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be responsible to the other for any indirect damages, incidental damages, consequential damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty, or a breach of term of this Agreement. 2. Without waiving any of the provisions or protections under this Agreement or pursuant to Florida law, under no circumstances shall the City be liable to the NON-PROFIT DEVELOPER under any contract, negligence, strict liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the Florida Statutes,which limits are hereby made applicable to all manner of claims against the City related to this Agreement and are not confined to tort liability. D. State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a"state agency or subdivision" (as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the NON-PROFIT DEVELOPER in the same manner in which it applies to the City. Article 19: Independent Contractor, Non-Agent NON-PROFIT DEVELOPER, and Third Parties A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the NON-PROFIT DEVELOPER as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The NON-PROFIT DEVELOPER is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement, and that any individuals hired, or performing services or work, pursuant to this Agreement Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg-jgzo1R4pf 1066 shall be considered to be the employee of the NON-PROFIT DEVELOPER for all purposes, including but not limited to for any worker's compensation matters. B. Non-Agent NON-PROFIT DEVELOPER. The Boynton Beach City Commission has not delegated to any City officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be construed as to, appoint the NON-PROFIT DEVELOPER as an agent of the City. Additionally, no review or approval of the NON-PROFIT DEVELOPER's services, requests for reimbursement, reports, or records by the City may be construed as the City appointing the NON-PROFIT DEVELOPER as an agent of the City. C. No Third-Party Claims. Nothing in this Agreement, express or implied, shall confer to a third-party— or be construed as conferring to a third-party in any way— any legal or equitable right, benefit, claim, or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal Government, the City, and the employees and/or contractors of each of the foregoing governments, shall be held harmless from liability to any third parties for claims asserted under this agreement. Article 20: Confidentiality A. Confidentiality. 1. The parties hereby agree to maintain any confidential information transmitted by the other party over the course of this Agreement confidential to the extent that such confidentiality is lawfully permitted pursuant to Florida or Federal law. 2. The NON-PROFIT DEVELOPER shall limit disclosure of its Confidential Information to the minimum necessary to properly perform under this Agreement. The NON-PROFIT DEVELOPER understands that the City is subject to Florida Public Records laws and that information that NON-PROFIT DEVELOPER may consider Confidential Information may be subject to disclosure absent a statutory exemption. In the event a public records request is made for Confidential Information of NON-PROFIT DEVELOPER, NON-PROFIT DEVELOPER shall be responsible for defending its assertion that such records are subject to an exemption from disclosure and shall indemnify the City from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of a public records request for NON-PROFIT DEVELOPER's Confidential Information where NON-PROFIT DEVELOPER asserts an exemption to disclosure B. Health Insurance Portability and Accountability Act ("HIPAA") 1. Generally. If the NON-PROFIT DEVELOPER meets the definition of "Covered Entity," as defined in 45 CFR § 160.103, or a "Hybrid Entity," as defined in 45 CRF § 164.103, then: a. Before providing any services funded, in whole or in part, through this Agreement that may cause the NON-PROFIT DEVELOPER to generate Protected Health Information ("PHI") as defined in 45 CFR § 160.103, the NON-PROFIT DEVELOPER must first obtain legally sufficient medical release authorizations from each individual receiving such services. b. Such required medical release authorizations may be limited in scope; however, they must at least permit the disclosure of any PHI that is in any way related to the Subaward-funded services that individual(s) receive to the City for reporting, monitoring, and auditing purposes. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg 'R,5pf 1066 C. The City hereby reserves the right to deny payment for any costs the NON-PROFIT DEVELOPER incurs in its provision of otherwise funding-eligible services to any individual(s) for whom it does not have a valid and current medical release authorization as required by this provision. d. Additionally, the NON-PROFIT DEVELOPER must require any of its subcontractors for which this provision is applicable to secure such requisite medical release authorizations as well. 2. Business Associate Agreements. Should the NON-PROFIT DEVELOPER's provision of services under this Agreement require access to PHI generated by the City, then the NON- PROFIT DEVELOPER must execute a Business Associate Agreement that complies with the standards found in 45 CFR § 164.504(e). C. Florida Information Protection Act ("FIPA") 1. Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of the following: a. An individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual: (1) A social security number; (2) A driver license or identification card number, passport number, military identification number, or other similar number issued on a government document used to verify identity; (3) A financial account number or credit or debit card number, in combination with any required security code, access code, or password that is necessary to permit access to an individual's financial account; (4) Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; or (5) An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual. b. A user name or e-mail address, in combination with a password or security question and answer that would permit access to an online account. 2. If, pursuant to this Agreement, the NON-PROFIT DEVELOPER is maintaining, storing, or processing personal information on behalf of the City, the NON-PROFIT DEVELOPER is the City's"Third-Party Agent"under FIPA and hereby agrees to comply with all obligations for such "Third-Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to: a. Taking reasonable measures to protect and secure data in electronic form containing personal information; and Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF1R(5pf 1066 b. Providing notice to the City in the event of a breach of security of the NON-PROFIT DEVELOPER's system as expeditiously as practicable, but no later than ten (10) calendar days following the determination of the breach of security or reason to believe the breach occurred. 3. The NON-PROFIT DEVELOPER shall be responsible and liable for all costs associated with any required notices, fines, or fees assessed against the City for any breach of Personal Information that is the fault of the NON-PROFIT DEVELOPER. Article 21: Remedies for Noncompliance A. Remedies for Noncompliance. Pursuant to 2 CFR§ 200.339 ("Remedies for Noncompliance"), if the NON-PROFIT DEVELOPER fails to comply with the U.S. Constitution, federal statutes, regulations, or the terms and conditions of a Federal Award or any additional conditions that the Federal Awarding Agency or City may impose, and the Federal Awarding Agency or City determine that such noncompliance cannot be remedied by imposing additional conditions,the Federal Awarding Agency or City may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the NON-PROFIT DEVELOPER or more severe enforcement action by the Federal Awarding Agency or City; 2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate this Agreement; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal Awarding Agency regulations, which may be initiated at the recommendation of the City; 5. Withhold further Federal Awards for the project or program; or 6. Take other remedies that may be legally available. Article 22: Termination A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B, contracts made pursuant to a Federal Award must address termination for convenience by the City including the manner by which it will be effected and the basis for settlement. As such, the City may terminate this Agreement for convenience by providing a written thirty (30) calendar day notice to the NON-PROFIT DEVELOPER. B. Termination by the NON-PROFIT DEVELOPER. Pursuant to 2 CFR § 200.340(a)(4), the NON- PROFIT DEVELOPER may terminate this Agreement upon sending the City written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, in the case of partial termination, if the City determines that the reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward was made, the City may terminate the Subaward in its entirety. Additionally, a NON-PROFIT DEVELOPER's failure to complete performance on a Subaward in the manner initially agreed upon may compromise the NON-PROFIT DEVELOPER's ability to receive subawards, other grants, or any other contract opportunities from the City in the future. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg 3'R-6pf 1066 C. Termination for Cause. 1. Immediate Termination. a. The City reserves the right of"Immediate Termination" of this Agreement, with such termination to be effectuated as of the NON-PROFIT DEVELOPER's receipt of written notice which may be hand-delivered or transmitted by electronic mail to the NON- PROFIT DEVELOPER's Agreement Liaison noted in TABLE 1 —THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the City, as a courtesy, may additionally provide the NON-PROFIT DEVELOPER with such notice in the manner provided in Article 5 ("Notice") of this Agreement. b. Immediate Termination pursuant to this provision shall be permitted for any number of the following reasons: (1) The Federal Awarding Agency terminates the Federal Award; (2) Any circumstance under which the City is no longer receiving Federal Award funds to reimburse the NON-PROFIT DEVELOPER occurs; (3) The amount invoiced by the NON-PROFIT DEVELOPER meets or exceeds the amount of the Subaward provided for in this Agreement; (4) The NON-PROFIT DEVELOPER files bankruptcy or otherwise becomes insolvent; (5) The NON-PROFIT DEVELOPER is determined to be ineligible to do business in the State of Florida; (6) If the NON-PROFIT DEVELOPER is a non-profit agency, loss of the NON- PROFIT DEVELOPER's non-profit status; or (7) As otherwise expressly provided for in this Agreement. 2. Standard Termination for Cause. The City may terminate this Agreement for cause upon providing a written fourteen (14)calendar day breach of contract and termination notice. Such termination for cause may be for any material breach of this Agreement, or if the City, using its sole discretion, determines that the NON-PROFIT DEVELOPER is unable to perform under this Agreement. 3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or accept the NON-PROFIT DEVELOPER's proposed cure if such an opportunity is provided, the City reserves the right to provide the NON-PROFIT DEVELOPER the opportunity to cure any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City provides such opportunity to cure, shall: a. Provide the opportunity to cure as a part of the City's breach of contract and termination notice; and b. Allot an appropriate deadline by which the NON-PROFIT DEVELOPER must provide its proposed cure to the City. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF1R5 pf 1066 4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction determines that this Agreement was wrongfully terminated for cause, then the NON-PROFIT DEVELOPER's damages for such termination, if any, shall be the same as if the City terminated this Agreement for convenience. D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement was due to the NON-PROFIT DEVELOPER's material failure to comply with the Subaward's terms and conditions, the City reserves the right to report the NON-PROFIT DEVELOPER to the Federal Awarding Agency so that it may report the termination to the OMB-designated integrity and performance system accessible through the federal System of Award Management ("SAM"). E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed, the NON-PROFIT DEVELOPER shall take all of the following actions: 1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the requirements in 2 CFR§§200.344 ("Closeout")and 200.345 ("Post-Closeout Adjustments and Continuing Responsibilities"); 2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not yet been recouped by the City (if any); 3. Stop working under this Agreement on the date of receipt of the notice of termination unless otherwise stated in such notice; 4. Place no further orders and enter into no further agreements to the extent that either relate to the performance of the work which was terminated and direct any subcontractors to do the same; 5. Terminate all orders and subcontracts to the extent that they relate to the performance of the work, which was terminated; 6. Finalize all necessary reports, invoices, and other documentation required under the terms of this Agreement up to the date of termination, up to and including the final invoice due at the end of the project without reimbursement beyond that due as of the date of termination for services rendered to the termination date; 7. Take any other actions as reasonably directed in writing by the City. F. Payment in Event of Termination. If this Agreement is terminated before performance is completed, whether for convenience or cause, the NON-PROFIT DEVELOPER shall be paid for the work or services satisfactorily performed. In the event the Agreement is terminated for cause, the City shall be entitled to collect all or part of any funds owed to the City by the NON-PROFIT DEVELOPER by deduction from the reimbursement or payment amount due the NON-PROFIT DEVELOPER. No other damages, fees, or costs may be assessed against the City for its termination of the Agreement. G. Force Majeure. 1. The NON-PROFIT DEVELOPER shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by explosion, war, embargo, government requirement, civil or military authority, pandemic, act of God, or other similar causes beyond the NON-PROFIT DEVELOPER's control so long as the NON-PROFIT DEVELOPER's delay is not caused by the NON-PROFIT DEVELOPER's own Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg-jgz51R5 pf 1066 fault or negligence. Notwithstanding the foregoing, the NON-PROFIT DEVELOPER cannot claim Force Majeure under this provision for any emergency, exigency, or"Act of God" that is specifically contemplated within the Scope of Services of this Agreement, or which in any way existed at the time this Agreement was executed. 2. The above notwithstanding, in order to claim delay pursuant to this provision, the NON- PROFIT DEVELOPER shall notify the City in writing within seven (7) business days after the beginning of any such cause that would affect its performance under this Agreement. Failure to notify the City in a timely manner of any claim of Force Majeure made pursuant to this provision is cause for termination of this Agreement. 3. If the NON-PROFIT DEVELOPER's performance is delayed pursuant to this provision for a period exceeding seven (7) business days from the date the City receives the required Force Majeure notice, the City shall have the right to terminate this Contract thereafter and shall only be liable to the NON-PROFIT DEVELOPER for any work performed pursuant to this Agreement prior to the date of the City's termination. 4. No other damages, fees, or costs may be assessed against the City for its termination of this Agreement pursuant to this provision. Nothing in this provision shall prevent the City from terminating this Agreement for any purpose otherwise expressly stated in this Agreement. Article 23: General Provisions (Alphabetical) A. Assignments and Successors. The parties deem the services to be rendered pursuant to this Agreement to be personal in nature. Each party binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Neither party shall assign, sublet, convey, or transfer its interest in this Agreement without the written consent of the other, which consent shall be in the sole determination of the party with the right to consent. B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall each bear their own costs, expert fees, attorneys' fees, and other fees incurred in connection with this Agreement and any action or proceeding arising out of or relating to this Agreement (an "Action"). C. Conflicts. The NON-PROFIT DEVELOPER shall comply with all applicable local, state, and federal laws, regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding Agency. Should there be conflict between the various applicable laws and this Agreement, the most restrictive shall govern. D. Construction and Representations. Each party acknowledges that it has had the opportunity to be represented by counsel of such party's choice with respect to this Agreement. In view of the foregoing, and notwithstanding any otherwise applicable principles of construction or interpretation, this Agreement shall be deemed to have been drafted jointly by the parties and in the event of any ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied upon any representations or statements made by the other party to this Agreement which are not specifically set forth in this Agreement. E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in counterparts, both of which shall be deemed an original and which taken together shall constitute one agreement. Any counterpart may be delivered by any party by electronic transmission of the full Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pRgagslAlDf 1066 Agreement as executed by that party to the other party as mutually agreed upon by the parties, and delivery shall be effective and complete upon completion of such transmission. F. Governing Law. This Agreement shall be considered as having been entered into in the State of Florida and shall be construed and interpreted in accordance with the laws of that state. G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement, including the Table of Contents or Table of Terms and Provisions, are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement. H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right that party does or might have to a trial by jury related to any Action. I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further exercise thereof. J. Severability. The provisions of this Agreement are declared by the parties to be severable. However, the material provisions of this Agreement are dependent upon one another, and such interdependence is a material inducement for the parties to enter into this Agreement. Therefore, should any material term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or condition may demand that the parties negotiate such reasonable alternate contract language or provisions as may be necessary either to restore the protected or benefited party to its previous position or otherwise mitigate the loss of protection or benefit resulting from holding. K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly authorized by their respective party to enter into and perform under this Agreement. Such signatory also represents that he or she has fully reviewed and understands the above conditions and intends to fully abide by the conditions and terms of this Agreement as stated. L. Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation, or termination of this Agreement, including, by way of example only, the indemnification and public records provisions, shall survive the expiration, cancellation, or termination of this Agreement. M. Use of City and NON-PROFIT DEVELOPER Logos. Both parties are prohibited from use of any and all of the other party's emblems, logos, or identifiers without written permission from that party. N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees that any such Action shall be heard and determined in such Florida federal or state court. Each party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Boynton Beach, Florida. O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy accruing to such party upon the occurrence of an event of violation shall affect any such right or remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF 'a3 J pf 1066 any time during the continuance of any event of violation. No waiver of a single event of violation shall be deemed to be a waiver of any subsequent event of violation. P. Written Modification. 1. No modification of this Agreement shall be binding upon any party to this Agreement unless it is reduced to writing and is signed by a duly authorized representative of each party to this Agreement. 2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted to unilaterally "pass-down" to the NON-PROFIT DEVELOPER without formal amendment to this Agreement. 3. The City shall provide notice such unilateral amendments to the NON-PROFIT DEVELOPER in a timely fashion to both by electronic mail to the NON-PROFIT DEVELOPER agreement liaison noted in TABLE 1 — THE PARTIES, or as later re-designated pursuant to Article 2, Paragraph B. 4. The NON-PROFIT DEVELOPER hereby agrees to work with the City in good faith to make any additional amendments to this Agreement as may be necessary pursuant to directive provided by the Federal Awarding Agency. Article 24: Attachments The documents provided for in the table below are hereby incorporated by both reference and attachment and therefore form a material part of this Agreement. Attachment Attachment Title Name Form 1 E-Verify Use and Registration Certification Form 2 Public Entity Crimes and Scrutinized Companies Certification Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise "WBE" , and Labor Surplus Area Firm Certification Form 4 Subaward Advance Terms and Certification Form 5 Leased Employee Affidavit Form 6 Federal Suspension and Debarment Certification Form 7 Certification Regarding Lobbying Exhibit A Required Information for Federal Subawards Schedule Exhibit B Scope of Services Exhibit C Budget Attachment 1 Insurance Advisory Form Attachment 2 Uniform Guidance Contract Provisions Attachment 3 Land Use Restriction Agreement Appendix Any additional attachments required by the Federal Awarding Agency or the City. Coversheet Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pF 'a3Z pf 1066 Article 25: Entire Agreement This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this Agreement. [ SIGNATURES ON FOLLOWING PAGES] Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. pFg-jgzg1a33 pf 1066 BOYNTON BEACH, FLORIDA SIGNATURE PAGE The City has executed this Agreement on the date set forth below. BOYNTON BEACH, FLORIDA By: City Manager By: CITY MANAGER Date: NON-PROFIT DEVELOPER SIGNATURE ON FOLLOWING PAGE Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 30 of 31 Page 134 of 1066 NON-PROFIT DEVELOPER SIGNATURE PAGE BOYNTON BEACH, FLORIDA'S SIGNATURE ON PREVIOUS PAGE The NON-PROFIT DEVELOPER has executed this Agreement on the date set forth below. BOYTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, INC. By: NON-PROFIT DEVELOPER Name and Title Date: Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 31 of 31 Page 135 of 1066 Form 1 E-Verify Registration and Use Certification COMPLETION THIS IS REQUIREDALL NON-PROFIT DEVELOPERS Please note that the City will verify that the NON-PROFIT DEVELOPER has an active registration on https:He- verify.gov. If the NON-PROFIT DEVELOPER does not have an active registration noted on the E-Verify website because the Federal Government has not yet updated its website, it must then provide a copy of the E-Verify Memorandum of Understanding for Employers that the NON-PROFIT DEVELOPER received upon registration to the City. E-VERIFY REGISTRATION USE CERTIFICATION The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: A. They have personal knowledge of the factual assertions set forth in this E-Very Use and Registration Certification and Affidavit. B. The NON-PROFIT DEVELOPER is registered with the United States Department of Homeland Security's E-Verify system to verify the work authorization status of all employees hired during the term of this Agreement and shall provide evidence of such registration to the City upon request. C. The NON-PROFIT DEVELOPER does not and shall not employ, contract, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. D. The NON-PROFIT DEVELOPER shall require all subcontractors performing work under this Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date Community Development Block Grant Subaward Agreement— Form 1 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 136 of 1066 Form 2 Public Entity Crimes and Scrutinized Companies Certification COMPLETION THIS IS REQUIREDALL NON-PROFIT DEVELOPERS Part 1: Certification of Compliance with Section 287.133, Florida Statutes (Public Entity Crime) The undersigned hereby certifies, on behalf of the NON-PROFIT DEVELOPER, that: A. Neither the NON-PROFIT DEVELOPER, nor one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the NON-PROFIT DEVELOPER, nor any affiliate of the entity, has been charged with and convicted of public entity crime subsequent to July 1, 1989. B. The NON-PROFIT DEVELOPER has not been placed on any convicted vendor list by the State of Florida and that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor that has been placed on any such convicted vendor list. C. The NON-PROFIT DEVELOPER acknowledges that for the purposes of this certification, the terms "public entity crime," "convicted," and "affiliate," are as defined in Section 287.133, Florida Statutes, which the NON-PROFIT DEVELOPER has reviewed prior to the execution of this certification. D. The NON-PROFIT DEVELOPER acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the NON-PROFIT DEVELOPER be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to entering into this Agreement with the City. E. The NON-PROFIT DEVELOPER shall immediately notify the City if at any point during the term of the Agreement, the NON-PROFIT DEVELOPER's status under Section 287.133, Florida Statutes, changes in any manner. Part 2: Certification of Compliance with Section 287.135, Florida Statutes (Scrutinized Companies) The undersigned hereby certifies, on behalf of the NON-PROFIT DEVELOPER, that: A. The NON-PROFIT DEVELOPER certifies that it is eligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes. B. The NON-PROFIT DEVELOPER is not: 1. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, and the NON-PROFIT DEVELOPER is not engaged in a boycott of Israel; Community Development Block Grant Subaward Agreement— Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 Page 137 of 1066 Form 2 Public Entity Crimes and Scrutinized Companies Certification (Continued) 2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List," created pursuant to Section 215.473, Florida Statutes; or 3. Engaged in business operations in Cuba or Syria. C. The NON-PROFIT DEVELOPER acknowledges that the City reserves the right to terminate this Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full advantage of any legal remedies available in equity or law should the NON-PROFIT DEVELOPER be found to: 1. Have falsified its certification of eligibility to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes; or 2. Have become ineligible to bid on, submit a proposal for, or enter into or renew a contract with the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to entering into this Agreement with the City. D. The NON-PROFIT DEVELOPER shall immediately notify the City if at any point during the term of the Agreement, the NON-PROFIT DEVELOPER's status under Section 287.135, Florida Statutes, changes in any manner. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date Community Development Block Grant Subaward Agreement— Form 2 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 Page 138 of 1066 Form 3 Small and Minority Business Enterprise ("MBE"), Women Business Enterprise ("WBE"), and Labor Surplus Area Firm Certification COMPLETION THIS IS REQUIREDALL NON-PROFIT DEVELOPERS CERTIFICATION OF COMPLIANCE WITH 2 CFR§ 200.321 The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that the NON-PROFIT DEVELOPER will comply with all of the following should the NON-PROFIT DEVELOPER subcontract using any portion of the Subaward: A. When selecting subcontractors and making procurements with the Subaward, the NON-PROFIT DEVELOPER shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus firms are used whenever possible while expending the Subaward. B. Pursuant to 2 CFR § 200.321, such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. C. The NON-PROFIT DEVELOPER understands that it must pass this obligation down to its subcontractors (if any). Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date Community Development Block Grant Subaward Agreement— Form 3 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 139 of 1066 Form 4 Subaward Advance Terms and Certification COMPLETION THIS IS CONDITIONAL This form is required for all NON-PROFIT DEVELOPERs that will be receiving an advance of the Subaward.Will the NON-PROFIT DEVELOPER be receiving an advance pursuant to this Agreement? If "No" then the NON-PROFIT DEVELOPER may disregard this form. If "Yes" then the NON-PROFIT DEVELOPER hereby agrees to the following terms and executes the following certification. Part 1: Subaward Advance Terms A. 2 CFR§200.305(b) ("Payment") permits the City to issue advance payments of the Subaward to the NON-PROFIT DEVELOPER as long as such advanced payments are: (1) limited to the minimum amounts needed; and (2) timed to be in accordance with the actual, immediate cash requirements of the NON-PROFIT DEVELOPER in carrying out the Scope of Services. B. As such, the following "Subaward Advance Budget"was prepared: C. Based upon the foregoing, the City shall issue an advance of $ 0.00 at the beginning of the Agreement's term, or when such advance is agreed upon by the parties in writing. All advanced Subaward funds must be spent no later than thirty (30) calendar days from the NON-PROFIT DEVELOPER's receipt of the advance. D. Subaward Advance Reconciliation. 1. The NON-PROFIT DEVELOPER shall provide the City with a Subaward Advance Reconciliation Report with all documentation necessary (paid invoices, receipts, etc.) showing that the advance was appropriately spent no later than forty-five (45) calendar days after the NON-PROFIT DEVELOPER receives the advance of the Subaward. 2. Such Subaward Advance Reconciliation Report must be: (a) executed by the NON-PROFIT DEVELOPER's authorized representative; and (b) include the federal attestation language outlined in Article 10, Paragraph C.3. ("Reimbursement Requests"). 3. If the NON-PROFIT DEVELOPER failed to expend all of the advanced Subaward funds within the thirty(30)days provided, the balance of unspent funds shall be deducted from subsequent invoices received by the City until it is fully exhausted. Any such advanced funds remaining at the end of the Agreement's term must be returned to the City. Community Development Block Grant Subaward Agreement— Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 Page 140 of 1066 Form 4 Subaward Advance Terms and Affidavit(Continued) 4. The City reserves its right to suspend any further payments to the NON-PROFIT DEVELOPER until it receives a sufficient Subaward Advance Reconciliation Report from the NON-PROFIT DEVELOPER. Nothing in this Form 4 should be construed as limiting the City from pursuing any additional remedies contemplated in the Agreement or at law E. The NON-PROFIT DEVELOPER shall comply with all terms found in the Agreement regarding advances, including but not limited to, those found in Article 11, Paragraph G ("Payment Terms") and shall provide evidence to the City that it has obtained the Fidelity & Employee Dishonesty Insurance as contemplated therein. Part 2: Subaward Advance Certification The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: 1. The NON-PROFIT DEVELOPER understands and will comply with the Subaward Advance Terms provided in Part 1 above. 2. The Subaward Advance Budget provided for in Part 1 above is a true and accurate representation of the NON-PROFIT DEVELOPER's actual, immediate cash requirements for carrying out the Scope of Services. 3. The NON-PROFIT DEVELOPER shall comply with 2 CFR § 200.305(b) and therefore shall maintain written procedures that minimize the time elapsing between: (1)the transfer of funds by the City to the NON-PROFIT DEVELOPER, and (2) the NON-PROFIT DEVELOPER's disbursement of such funds for direct project costs and the proportionate share of any allowable indirect costs. 4. The NON-PROFIT DEVELOPER has reviewed 2 CFR § 200.305(b) and maintains financial management systems that comply with the standards therein for fund control and accountability. 5. The NON-PROFIT DEVELOPER shall make timely payment to its contractors, vendors, and any agencies providing services to the NON-PROFIT DEVELOPER pursuant to the Agreement. 6. Should the NON-PROFIT DEVELOPER be found to have mismanaged the Subaward advanced by the City, the City may consider such mismanagement cause for termination of the Agreement. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date Community Development Block Grant Subaward Agreement— Form 4 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 Page 141 of 1066 Form 5 Leased Employee Affidavit COMPLETION THIS IS CONDITIONAL This form is required for all NON-PROFIT DEVELOPERs that will be performing part or all of the services in the Scope of Services attached as "Exhibit B" on City property. Question 1: Will any portion of the services be performed on City Property? 0 If "No" then the NON-PROFIT DEVELOPER may disregard this form. If"Yes" then go to "Question 2" below. Question 2: Will any portion of the services performed on City Property be performed by leased employees or pursuant to any type of employee leasing arrangement? /Q. If"NIA" or"No" then the NON-PROFIT DEVELOPER may disregard this form. If"Yes" then the NON-PROFIT DEVELOPER must attest to the following: LEASED EMPLOYEE AFFIDAVIT The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: A. The NON-PROFIT DEVELOPER hereby certifies that it has workers' compensation coverage for all of my workers through the employee leasing arrangement specified below: Name of Employee Leasing Company: Workers' Compensation Carrier: A.M. Best Rating of Carrier: Inception Date of Leasing Arrangement: B. The NON-PROFIT DEVELOPER understands that its contract with the employee leasing company limits its workers' compensation coverage to enrolled worksite employees only and that the NON-PROFIT DEVELOPER's leasing arrangement does not cover un-enrolled worksite employees, independent contractors, uninsured sub-contractors or casual labor exposure. Accordingly, the NON-PROFIT DEVELOPER affirms that 100% of its workers are covered as worksite employees with the employee leasing company. C. The NON-PROFIT DEVELOPER further certifies that it does not hire any casual or uninsured labor outside the employee leasing arrangement and hereby agrees to notify the City in the event that it has any workers not covered by the employee leasing workers' compensation policy. In the event that the NON-PROFIT DEVELOPER has any workers not subject to the employee leasing arrangement, the NON-PROFIT DEVELOPER hereby agrees to obtain a separate workers' compensation policy to cover such workers. The NON-PROFIT DEVELOPER further agrees to provide the City with a certificate of insurance providing proof of workers' compensation coverage prior to such workers entering the City's worksite or performing any obligation pursuant to this Agreement. D. The NON-PROFIT DEVELOPER hereby agrees to notify the City if its employee leasing arrangement terminates with the employee leasing company and it understands that it is required to furnish proof of replacement workers' compensation coverage prior to the termination of the employee leasing arrangement and further agrees to notify the City in the event that it switches employee-leasing companies. E. The NON-PROFIT DEVELOPER hereby acknowledges that it has an obligation to supply an updated workers' compensation certificate to the City that documents the change of carrier. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date Community Development Block Grant Subaward Agreement— Form 5 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Pa e 1 of 1 Page 1-42 of 1066 Form 6 Federal Suspension and Debarment Certification COMPLETION THIS IS REQUIREDALL NON-PROFIT DEVELOPERS Please note that the City will verify that the NON-PROFIT DEVELOPER has an active registration with SAM.gov on https://www.SAM.gov. If the NON-PROFIT DEVELOPER does not have an active registration noted in the SAM.gov system, then this Agreement will not be executed by the City. FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that: A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment Certification. B. The NON-PROFIT DEVELOPER complies with 2 CFR Part 180, Subpart C ("Responsibilities of Participants Regarding Transactions Doing Business with Other Persons"). C. The NON-PROFIT DEVELOPER is registered and maintains an active registration with SAM.gov and will maintain an active registration with SAM.gov for the entire term of this Agreement. D. The NON-PROFIT DEVELOPER does not appear on the SAM Exclusions list and shall notify the City within five (5) business days if it is added to the SAM Exclusions list, or should its status under the SAM system change in any way during the term of this Agreement. E. The NON-PROFIT DEVELOPER shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier covered transactions into which it enters. F. The NON-PROFIT DEVELOPER understands and agrees that the City reserves the right to institute additional restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under local, state, and federal law, should the NON-PROFIT DEVELOPER: (1) be found to have misrepresented its SAM.gov status in any manner; or(2)fail to notify the City of any change in its status under the SAM.gov system. This certification is a material representation of fact relied upon by the City. If it is later determined that the NON- PROFIT DEVELOPER fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to, suspension or debarment. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in this affidavit. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date Community Development Block Grant Subaward Agreement— Form 6 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 1-43 of 1066 Form 7 Certification Regarding Lobbying COMPLETION THIS IS CONDITIONAL This form is required for all NON-PROFIT DEVELOPERs receiving a Subaward in an amount that exceeds $100,000. Does the Subaward exceed $100,000? Yes If"No" then the NON-PROFIT DEVELOPER may disregard this form. If"Yes" then the NON-PROFIT DEVELOPER hereby executes the following Certification Regarding Lobbying as required by 31 USC § 1352: CERTIFICATION REGARDING LOBBYING 31 USC § 1352 Part 1: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies on behalf of the NON-PROFIT DEVELOPER that: A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the NON-PROFIT DEVELOPER, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the NON-PROFIT DEVELOPER shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. C. The NON-PROFIT DEVELOPER shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all NON-PROFIT DEVELOPERs shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Part 2: Statement for Loan Guarantees and Loan Insurance The undersigned certifies on behalf of the NON-PROFIT DEVELOPER that: A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the NON-PROFIT DEVELOPER shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. Community Development Block Grant Subaward Agreement— Form 7 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 2 Page 144 of 1066 Form 7 Certification Regarding Lobbying (Continued) B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification. Signature of NON-PROFIT DEVELOPER Official Title Representative Printed Name Date [ REMAINDER OF PAGE LEFT BLANK] Community Development Block Grant Subaward Agreement— Form 7 City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 2 of 2 Page 145 of 1066 Exhibit A Required Information for Federal Subawards Table REQUIRED PURSUANT TO 2 CFR§ 200.332 Federal Requirements Subaward-Specific Information NON-PROFIT DEVELOPER Name (registered name in Boynton Beach Faith Based Community SAM.gov): Development Corporation, Inc. NON-PROFIT DEVELOPER's Unique Entity Identifier GZS6GQ1CQFM9 (UEI): Federal Award Identification Number (FAIN): N/A (CDBG Multiple Years Rollover Funds) Federal Award Date: N/A (CDBG Multiple Years Rollover Funds) Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2023 Federal Award Budget Period Start and End Date: Start: 10/01/2022 End: 09/30/2023 Amount of Federal Funds obligated by this action by the $504,000.00 Pass-Through Entity to the NON-PROFIT DEVELOPER: Total Amount of Federal Funds Obligated to the NON- PROFIT DEVELOPER by the Pass-Through Entity $504,000.00 including the current financial obligation: Total Amount of the Federal Award committed to the $504,000.00 NON-PROFIT DEVELOPER by the Pass-Through Entity: Federal subaward Project Description: Acquisition of Real Property for an Elderly Rental Housing Program through a Community Based Development Organization (the "NON- PROFIT DEVELOPER"). Name of Federal Awarding Agency: U.S. Department of Housing and Urban Development Name of Pass-Through Entity: City of Boynton Beach Pass-Through Entity's Awarding Official Contact Name: Dan Dugger, City Manager Information: Email: DuggerDp_bbfl.us Phone: 561-742-6010 CFDA Number and Name: Number: 14.228 Name: Community Development Block Grant Is the Subaward R&D related?: No Is there an indirect cost rate for the Subaward?: No Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and NON-PROFIT DEVELOPER?: attached exhibits and forms. Are there any additional requirements imposed on NON- PROFIT DEVELOPER in order for the Pass-Through Yes, see the terms of the Agreement and Entity to meet its own reporting responsibilities to the attached exhibits and forms. Federal Awarding Agency?: Is there a requirement that the NON-PROFIT Yes, see: Article 14 ("Maintenance, DEVELOPER must permit the Pass-Through Entity and Retention, and Access to Records") and auditors to have access to the NON-PROFIT DEVELOPER's records and financial statements?: Article 16 ("Audit Requirements"). Are there appropriate terms and conditions concerning Yes, see: Article 13 ("Progress Reporting closeout of the Subaward?: and Subaward Closeout") Community Development Block Grant Subaward Agreement— Exhibit A City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 146 of 1066 Exhibit B Scope of Services A. Scope of Services In support of the City's objectives in permanently expanding the affordable housing stock within the City of Boynton Beach, while also addressing the continuing economic impacts of the COVID-19 pandemic, the NON-PROFIT DEVELOPER shall use the CDBG funds awarded pursuant to this Agreement, toward the acquisition and purchase four(4) one-bedroom units, to assist with providing affordable rental housing in the City to households, with at least one member 62 years and older; and whose incomes is at or below 80% of the current Area Median Income (AMI), as published annually by the U.S. Department of Housing and Urban Development (HUD). CDBG funds shall be provided for acquisition and purchasing activities only (inclusive of all soft costs and closing) and excludes any repair, and rehabilitation of the Property which NON-PROFIT DEVELOPER may conduct and paid as part of NON-PROFIT DEVELOPER contribution as set forth in Exhibit C. The NON-PROFIT DEVELOPER will rehabilitate and rent the completed units to eligible families meeting the affordability requirements as provided in 24 CFR 92.252 within 12 months after the rehabilitation of the property is completed. The NON-PROFIT DEVELOPER must submit to the Community Improvement Manager a project schedule showing that the CDBG-assisted houses will be rehabilitated and rented within 12 months. B. Acquisition of Property It is understood that the NON-PROFIT DEVELOPER is purchasing the Property to provide affordable housing and the scope of this Subaward is to support NON-PROFIT DEVELOPER in its purchase of the Property. Regardless of the nature or amount of the investment of CDBG funds for purchase of the Property, the Property shall not be acquired for an amount which exceeds the most recent appraised value for the Property, plus associated soft costs and closing. Any purchase agreement must be made subject to the completion of an environmental review done and approved by the City's Community Improvement Division. Appraisals to support purchase shall be completed by a qualified appraiser within 30 days after the final offer is made, but no later than August 31, 2023. The appraisal to be furnished should meet all the necessary requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The property acquisition must be made in conformance with federal law and the NON-PROFIT DEVELOPER must disclose the appraisal amount, and the amount of the offer and inform the seller that if the NON-PROFIT DEVELOPER is unable to agree on a purchase price the CITY will not attempt to acquire the property using "eminent domain." The City's Subaward to the NON-PROFIT DEVELOPER for the acquisition of the Property shall be in compliance with the requirements of Item E, below. A Land Use Restriction Agreement (LURA), attached as Attachment 3, shall be executed by the NON-PROFIT DEVELOPER and recorded encumbering the Property at Closing on the Property. The NON-PROFIT DEVELOPER must provide a copy of the recorded LURA, a Purchase and Sale Agreement, and Settlement Statement for acquisition and purchase, to be funded by the City in an amount not exceeding the award as set forth in Exhibit C. Community Development Block Grant Subaward Agreement— Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 147 of 1066 Exhibit B Scope of Services The NON-PROFIT DEVELOPER will identify the rental homes/units that will be purchased with CDBG funds. All CDBG-assisted rental homes/units must be selected based on the following criteria: 1. The proximity to public transportation. 2. The proximity to needed commercial centers. 3. The housing unit must be purchased at fair market value C. Use and Maintenance of Property; Affordability Period The NON-PROFIT DEVELOPER agrees to maintain the property and use it as an affordable rental housing for the elderly. The Property acquired with support from the funds received pursuant to this Agreement will continue to be used for eligible households for the defined income limits throughout the affordability period of 25 years as set forth in the LURA, Attachment 3. D. Payment Schedule CDBG funds provided for payment of acquisition costs will be provided in the form of a check or wire transfer, which may be provided at closing upon request by the NON-PROFIT DEVELOPER. This check or wire transfer request should include a letter of request on the NON-PROFIT DEVELOPER's official letterhead accompanied by a purchase and sale agreement and settlement statement with name of the buyer(NON-PROFIT DEVELOPER) and the seller, property location, all settlement costs, a copy of the property appraisal, property insurance and flood insurance certification (if applicable), and title insurance to the property, and wire instructions. The settlement statement shall clearly delineate, by individual line, the City's portion of costs to be funded. This must be submitted to the City with all required closing information within fifteen (15) days prior to closing so the funds are to be paid at closing. E. Timely Expenditure of Funds Time is of the essence on the use and expenditure of CDBG funds. As such, all CDBG funds as part of this Agreement must be expended at minimum in the following matter: 100% by September 30, 2023. In the event that the NON-PROFIT DEVELOPER fails to meet the approved expenditure deadlines or performance measures, the City may enforce any provisions afforded to it as referenced in Article 21: Remedies for Noncompliance. F. Performance Measures The NON-PROFIT DEVELOPER shall use the CDBG funds for the acquisition of the Property. The NON-PROFIT DEVELOPER shall fund any additional costs, which may include rehabilitation, repair, and construction. The Property must meet all state and local property maintenance and building codes. The NON-PROFIT DEVELOPER will qualify and rent the units to eligible tenants whose income are at or below 80% AMI. The NON-PROFIT DEVELOPER will submit to the Community Improvement Manager a project schedule showing that the CDBG-assisted houses will be rehabilitated and rented within 12 months. G. Project Publicity In order to advance City's interest for public awareness and community engagement, NON-PROFIT DEVELOPER shall ensure that any news release or other type of publicity pertaining to the project as stated Community Development Block Grant Subaward Agreement— Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 148 of 1066 Exhibit B Scope of Services herein must recognize the "City of Boynton Beach" as the recipient funded by the U.S. Department of Housing and Urban Development and the entity that provided funds for the project. H. Rehabilitation Standards The NON-PROFIT DEVELOPER will carry out the rehabilitation of the CDBG-assisted properties in compliance with the rehabilitation standards established and approved by HUD, the CITY and other applicable laws, codes, and requirements relating to housing safety, quality and habitability, in order rent the properties. I. Environmental Review All homes/units to be rehabilitated must undergo an environmental review and the file documented prior to any commitment of funds. City staff will prepare the environmental review checklist. An environmental review consists of a statutory checklist of required review items and a request to the Florida State Historic Preservation Officer (SHPO) for a review of historical significance and its impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a description, maps, and photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to proceed under housing activities unless the condition is corrected. No work can start on a site until the environmental review is complete and approved. J. Lead-Based Paint The NON-PROFIT DEVELOPER agrees that the rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B (Lead Based Paint Poisoning Preventive Act). Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment, and/or abatement may be conducted. Documentation shall be retained in the files for compliance with the above statement. K. Affordability Period Requirements The parties understand and agree that the Project is designed to increase the number of affordable rental housing units for seniors in the CITY. To ensure affordability, housing units provided for in this Agreement must meet the affordability requirements as provided in 24 CFR 92.252. Accordingly, the period that the units must remain affordable must not be less than 25 years. The affordability period is calculated from the date of initial occupancy. The affordability requirements apply without regard to the term of any loan or mortgage. L. Rental of the Property and Participant Eligibility NON-PROFIT DEVELOPER will to rent the CDBG-assisted Home to Eligible Families with an elderly individual 62 years or older whose income does not exceed 80% of the Area Median Income (AMI) adjusted Community Development Block Grant Subaward Agreement— Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 149 of 1066 Exhibit B Scope of Services to household size. An approved lease form must be executed with the tenant by the NON-PROFIT DEVELOPER with a term no less than one year. The NON-PROFIT DEVELOPER will review each household's income eligibility on an annual basis. M. Meeting a National Objective Within 30 days of the rental of the units to an eligible family, the NON-PROFIT DEVELOPER must submit all records required under this Agreement including tenant's application and Income Certification to verify that the project has met a CDBG National Objective in accordance with 24 CFR 570.208 (a)(3). N. Use of Real Property and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall comply with the following requirements: 1. Real property under the NON-PROFIT DEVELOPER'S control that was acquired or improved, in whole or in part, with CDBG funds under this Agreement shall be used in accordance with the CDBG reuse and continued affordability requirements. If the NON- PROFIT DEVELOPER fails to use CDBG-assisted real property in a manner that meets CDBG eligibility, affordability, and benefit requirements within and for the prescribed period of time, the NON-PROFIT DEVELOPER shall comply with the applicable sections under 24 CFR 570.503, 570.504, and 570.505. Any real property within the NON-PROFIT DEVELOPER control that is acquired or improved in whole or part with CDBG funds in excess of$25,000 must adhere to CDBG Regulations at 24 CFR 570.505. 2. If the NON-PROFIT DEVELOPER declares bankruptcy or closes operations for any reason, all assets including real property and equipment which were acquired, in whole or in part, with CDBG funds under this Agreement shall revert back to the CITY (prorated to reflect the extent to which funds received under this Agreement were used to acquire the asset). Equipment and real property not needed by the NON-PROFIT DEVELOPER for activities under this Agreement shall be (a)transferred to the Grantee for the CDBG program or(b) retained after compensating the Grantee an amount equal to the current fair market value of the equipment or real property less the percentage of non-CDBG funds used to acquire the real property or equipment. 3. The parties further agree that the CITY may use purchase options, right of first refusal, or other preemptive rights to purchase the real property before foreclosure or deed in lieu of foreclosure to preserve affordability. Community Development Block Grant Subaward Agreement— Exhibit B City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 150 of 1066 EXHIBIT C BUDGET Based on the Scope of Services as set forth in Exhibit B, below is the established budget and activities for this Agreement: Project Phase CDBG Funds CDBG Funds for Acquisition $504,000.00 NON-PROFIT DEVELOPER Contribution $125,750.00 Totals $629,750.00 All reimbursement requests must be supported by an appropriate level of expense documentation and progress reporting clearly demonstrating that the applicable progress threshold for the request has been achieved on the project. All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement Requests and Article 11: Payment Terms. Failure for NON-PROFIT DEVELOPER to adhere to these standards may result in delay of payment and /or disallowance of funding. Total Estimated Project Cost: $629,750.00 BUDGET • Estimated Acquisition cost $ 550,000.00 (4 units) • Estimated Closing Cost $ 19,250.00 (@ 3.5% of Purchase Price) • Estimated Insurance $ 12,500.00 (@ $2,500/unit) • Estimated Renovation cost $ 48,000.00 (@ $12,000/unit) • Total $ 629,750.00 FUNDING ALLOCATION CDBG Funding: $504,000.00 NON-PROFIT DEVELOPER Contribution: $125,750.00 Community Development Block Grant Subaward Agreement— Exhibit C City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 151 of 1066 The following are hereby incorporated into this "Attachment 1" (Insurance Advisory Form) by reference: City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of`B+"or higher. (NOTE:An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ---------------------------------------------------------------------------------------------------------------------------------------------------- TYPE(Occurrence Based Only)MINIMUM LIMITS REQUIRED ---------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $50,000.00 Broad Form Vendors Med.Expense(any one person) $5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate-$1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 152 of 1066 The following are hereby incorporated into this "Attachment 2" (Uniform Guidance Contract Provisions) by reference: Note: References to Project herein shall be deemed a reference to the services provided under the contract with NON-PROFIT DEVELOPER by contractor. 2 CFR Part 200 Uniform Guidance Contract Provisions (1) Breach of Contract Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, currently set at $250,000 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. (Contracts for more than the simplified acquisition threshold, currently set at $250,000) (2) Termination All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement (Contracts in excess of $10,000). In accordance with 2 CFR 200.341, suspension or termination may occur if the NON-PROFIT DEVELOPER materially fails to comply with any term of this Agreement. The Agreement may also be terminated, by either parties, for convenience in accordance with 2 CFR 200.341, which provides for termination for mutual convenience, or partial termination for specified reasons. (3) Equal Employment Opportunity Required Language 41 CFR §60-1.4(b) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," (30 FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339) as amended by Executive Order 11375 of October 13, 1967, entitled "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, entitled "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60.1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 41 C.F.R. Part 60-1.4(b) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 153 of 1066 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provisions shall not apply to instance in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in the furtherance of an investigation, proceeding, hearing or action, including an investigation conducted by the employer, or is consistent with the contractors' legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 154 of 1066 (4) Contracted Work Hours and Safety Standards Compliance with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (Construction contracts in excess of$100,000 which involve the employment of mechanics or laborers) 29 C.F.R. § 5.5(b)provides Compliance with the Contract Work Hours and Safety Standards Act. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The NON-PROFIT DEVELOPER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (3) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 155 of 1066 (5) Clean Air and Water Contractor must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to U.S. Treasury and the Regional Office of the Environmental Protection Agency (EPA) (Contracts, subcontracts, and subgrants of amounts in excess of$150,000) (6) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (Contracts,subcontracts of amounts in excess of$25,000) SEPARATE CERTIFICATION DOCUMENTS INCLUDED FOR SIGNATURE. (7) Byrd Anti-Lobbying Amendment Compliance with the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. SEPARATE CERTIFICATION DOCUMENT INCLUDED FOR SIGNATURE. (8) Procurement of Recovered Materials The contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (9) Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment 2 CFR §200.216; Public Law 115-232, Section 889; 2 CFR §200.471 (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 156 of 1066 (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii)Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or Contract Provisions Guide 28 (ii)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or NON-PROFIT DEVELOPER, unless elsewhere in this contract are established procedures for reporting the information. (2) The contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 157 of 1066 (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments (10) Domestic Preference for Procurements (a)As appropriate and to the extent consistent with law, contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts and purchase orders for work or products under this contract. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (11)Contracting with small and minority businesses,women's business enterprise, and labor surplus area firms (2 CFR §200.321) The contractor, if subcontracts are to be let, must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and, f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (a) — (e) of this paragraph. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 158 of 1066 (12) Davis-Bacon and Related Act Requirements (40 U.S.C. 3141-3148; 29 CFR Part 5) When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal Awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or NON-PROFIT DEVELOPER must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal Awarding agency. Contract Provisions (1)Access and Retention of Records The contractor will make available to the NON-PROFIT DEVELOPER, the City, Office of Inspector General and the Government Accountability Office any documents, papers or other records, including electronic records, of the contractor that are pertinent to this contract, in order to make audits, investigations, examinations, excerpts, transcripts, and copies of such documents. This right also includes timely and reasonable access to the contractor's personnel for the purpose of interview and discussion related to such documents. This right of access shall continue for a period of five years after completion of project and final payment by the NON-PROFIT DEVELOPER. The contractor is required to retain Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to this contract and must be retained for a period of five years from the completion of the project and final payment by the NON-PROFIT DEVELOPER, unless any litigation, claim, or audit is started before the expiration of the 5-year period, in which event, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. The NON-PROFIT DEVELOPER, the City, Office of Inspector General and the Government Accountability Office shall have the right during normal business hours to conduct announced and unannounced onsite and offsite physical visits of Contractors corresponding to the duration of their records retention obligation. (2) Prohibiting Discrimination The contractor agrees to comply, as applicable to this contract, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 159 of 1066 ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.)and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (3) Publications Any publications produced with funds from this contract must display the following language: "This project is being supported, in whole or in part by the Community Development Block Grant awarded to the City of Boynton Beach, passed through to the Boynton Beach Faith Based Community Development Corporation, Inc. by the U.S. Department of the Housing and Urban Development." (4) Increasing Seat Belt Use The contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The contractor is to include this provision in each third-party subcontract providing services under this contract. The terms"company-owned"and "company-leased"refer to vehicles owned or leased either by the Contractor or NON-PROFIT DEVELOPER. (5) Reducing Text Messaging while Driving Contractor is encouraged to adopt and enforce policies that ban text messaging while driving. The contractor is to include this provision in each third-party subcontract providing services under this contract. (6) Compliance with State, Local and Federal Requirements This is an acknowledgement that U.S. Treasury financial assistance may be used to fund all or a portion of the contract. The contractor and all subcontractors must comply will all applicable federal law, regulations, executive orders, U.S. Treasury policies, procedures, and directives. (7) No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (8) Program Fraud and False or Fraudulent Statements or Related Acts The contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 160 of 1066 GOVERNMENT WIDE DEBARMENT AND SUSPENSION OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non procurement), 2 CFR, Part 180 (including the requirement to include a term or condition in all lower tier covered transactions and contracts and subcontracts described in 2 CFR, Part 180, Subpart B) requires that the award is subject to 2 CFR, Part 180 and Treasury's implementing regulation at 31 CFR, Part 19.As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a. Debarred from participation in any federally assisted Contract; b. Suspended from participation in any federally assisted Contract; c. Proposed for debarment from participation in any federally assisted Contract; d. Declared ineligible to participate in any federally assisted Contract; e. Voluntarily excluded from participation in any federally assisted Contract; or f. Disqualified from participation in ay federally assisted Contract. By signing and submitting this form, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR, Part 180, Subpart C, as supplemented by 31 CFR, Part 19, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Date Print Name of Authorized Official Title Signature of Authorized Official Company Name Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 161 of 1066 CERTIFICATION REGARDING LOBBYING 31 U.S.C. 1352 2 CFR Part 200 Appendix II (1) 31 CFR Part 21 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5), 2 CFR Part 200 Appendix 11 (1), and 31 CFR Part 21. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all NON-PROFIT DEVELOPERs shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Print Name & Title of Authorized Official Signature of Authorized Official Company Name Date Community Development Block Grant Subaward Agreement City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 162 of 1066 Attachment 3 THIS INSTRUMENT PREPARED BY AND RETURN TO: Attn: City Attorney's Office City of Boynton Beach PO Box 310 Boynton Beach, FL 33425 LAND USE RESTRICTION AGREEMENT This Agreement is made and entered into this day of 20_, by and between the City of Boynton Beach, a Florida Municipal Corporation (Hereinafter the CITY) and Boynton Beach Faith Based Community Development Corporation, a Florida not-for-profit corporation (Hereinafter referred to as the "NON-PROFIT DEVELOPER"). WHEREAS, the NON-PROFIT DEVELOPER is the current owner of the property located at , more particularly described in Exhibit"A", attached hereto and incorporated herein ("Property"); and WHEREAS, the NON-PROFIT DEVELOPER has agreed to enter into an Agreement with the CITY to maintain the property as affordable rental housing for the elderly for at least 25 years,as further provided herein, from date of execution of this Agreement; and WHEREAS, the CITY has determined that continuation of the property as rental housing is clearly necessaryto assure adequate rental housing opportunityfor low-and moderate-income elderly tenants within the City of Boynton Beach, Florida; and WHEREAS, the Property was acquired in part with U.S. Department of Housing and Urban Development (HUD) — Community Development Block Grant (CDBG) funds and it shall be use in accordance with HUD's affordability requirements; and WHEREAS, in the event the NON-PROFIT DEVELOPER chooses to sell, prepay, or transfer the property duringthe period of timethis Use Agreement is in effect, it will require as a condition that the purchaser shall commit to maintain the property pursuant to the terms of this Agreement; and NOW,THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The execution and recording of this Agreement shall constitute the CITY's approval to use CDBG funds in the amount of$504,000.00. Page 163 of 1066 2. The NON-PROFIT DEVELOPER, its successors and assigns, agree that during the period that it owns the Property, the Property shall be maintained as affordable rental housing, meeting the affordability requirements as provided in 24 CFR 92.252, as may be amended, for the elderly (at least one member 62 years and older) whose income is at or below 80%of the current Area Median Income for at least twenty (25) years from date of the initial occupancy of the Property after execution of this Agreement. During such period, should the property be sold or transferred, the new owner shall not utilize project dwelling units for any purpose other than as affordable rental housing, as provided and under the terms herein. 3. The provisions of this Agreement shall be binding upon the NON-PROFIT DEVELOPER and any successors or assigns. 4. The provisions of this Agreement relating to the rental use of the property shall run with the land and shall be binding for the benefit of, in favor of and enforceable by the CITY. The CITY shall be entitled to (a) institute legal action to enforce performance and observance of, (b) enjoin any actions which are violative of, and (c) exercise any other legal or equitable right or remedy with respect to such provisions. These rights and remedies will be exercised separately or in combination. Any failure by the CITY to enforce this Declaration shall not be deemed a waiver of the right to do so thereafter. 5. Except as otherwise provided herein, this Agreement shall not be modified, amended or released as to any portion of the Property except by written instrument, executed by and approved in writing by the City Commission of the City of Boynton Beach. The CITY shall execute a written instrument effectuating and acknowledging such modification, amendment or release. Any amendment, modification or release of this Declaration shall be recorded in the Public Records of Palm Beach County, Florida, at the then owner's sole expense. 6. If any court of competent jurisdiction shall declare any section, paragraph or part of this Agreement invalid or unenforceable, then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. The agreed upon venue shall be Palm Beach County, Florida. 7. This Declaration shall not become effective and shall not be recorded in the Public Records of Palm Beach County, Florida, until after approval by the City Manager. [ SIGNATURES ON FOLLOWING PAGES] Page 164 of 1066 IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year written below. DATED this day of 12022. CITY OF BOYNTON BEACH CITY MANAGER Attest/Authenticated: (Corporate Seal) City Clerk Approved as to Form: City Attorney Page 165 of 1066 WITNESSES: Boynton Beach Faith Based Community Development Corporation, a Florida not-for- profit corporation Print Name: By. Name: Title: Print Name: Dated: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of❑ physical presence or❑ online notarization, by , as of Boynton Beach Faith Based Community Development Corporation, Inc., who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of 12022. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: Page 166 of 1066 EXHIBIT A LEGAL DESCRIPTION Page 167 of 1066 Appendix Coversheet Please select one of the choices below. ® There is no Appendix to this Agreement. ❑ There is an Appendix to this Agreement which can be found attached to this "Appendix Coversheet." It is as followed: Appendix Document Title No. 0 Community Development Block Grant Subaward Agreement—Appendix Coversheet City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc. Page 1 of 1 Page 168 of 1066 I RESOLUTION R22- 099 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE FIRST SUBSTANTIAL AMENDMENT TO THE CDBG ANNUAL ACTION PLAN FISCAL YEAR (FY) 2021, TO REALLOCATE 6 LEFTOVER FUNDS FROM FY 2015, 2016, 2017, 2018, 2019, AND 2020, 7 TO FUND A PUBLIC IMPROVEMENT ACTIVITY; AND PROVIDING AN EFFECTIVE DATE. 9 10 1.1 WHEREAS, the Community Development Block Grant Program's purpose is to assist 12 the City of Boynton Beach in meeting the needs of its lower income residents; and 13 WHEREAS, a substantial plan amendment is required when significant changes are 14 identified for any new projects or current projects that require a change in the budget amount 15 in excess of 20 percent; and 1.6 WHEREAS, in past years, the City has funded projects that did not need to use their 17 entire allocation, leaving the City with "leftover" dollars from previous program years, and 18 WHEREAS, the City currently has $1,072,040.00 in past year's funds that need to be 19 (re)allocated but cannot be used to fund public services or administration; and 20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 21 best interest of the citizens and residents of the City to approve the First Substantial 22 Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds 23 from FY 2015, 2016, 2017, 2018, 2019, and 2020,to fund a public improvement activity. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section, 1.. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adaption 28 hereof, 29 Section 2, The City Commission of the City of Boynton Beach, Florida does hereby 30 approve the First 'Substantial Amendment to the CDBG Annual Action Plan Fiscal Year F 31 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2016, 2019, and 2020, to fund a I 32 public improvement activity, S:\CAIRFS0\CDB0 Annual Action Plan Amendment FY 2021 -Resa.doex 1 Page 169 of 1066 33 Section 3. This Resolution will become effective immediately upon passage. ' J4 34 PASSED AND ADOPTED this /Z 1 day of August, 2022. 35 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor—Ty Penserga 41 42 Vice Mayor—Angela Cruz 43 44 Commissioner—Woodrow L. Hay 45 L/ 46 Commissioner—Thomas Turkin 47 48 Commissioner—Aimee Kelley 49 50 51 VOTE 52 53 A 54 55 56 Mayle MPA, M T IfD s6s, MP4C 57 city C rk� ayor 58 tAT01V'0 59 % 60 0 Okp APPROVED AS,TOk)R L .. 61 (Corporate S g f_1 D 62 63 64 FLOP4 Michael D. Cirullo, Jr. 65 City Attorney S.\CA\RES01+ Dl3G Annual Action Plan Amendment FY 2021 -Reso.docx 2 Page 170 of 1066 6.D. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution No. R22-173-Approve and Authorize the City Manager to sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement for the San Castle Neighborhood Improvement Project funded by the Department of Economic Opportunity (DEO) in the amount of$16,500,000. Explanation of Request: February 2022 - The City of Boynton Beach was awarded $16,500,000 in grant funding from the Department of Economic Opportunity (DEO) Community Development Block Grant Mitigation Program (CBDG-MIT) for mitigation efforts to upgrade drainage, utilities, and roadway improvements in a neighborhood known as"San Castle". The City's Public Works& Utilities Departments are requesting for the commission to approve and authorize the City Manager to sign this agreement and subsequent contract amendments for the San Castle Neighborhood Improvement Project. How will this affect city programs or services? The project will provide critical upgrades to the infrastructure for an underserved population by giving them the ability to move freely in and out of the neighborhood, having a reliable source of drinking water, and knowing that stormwater will properly drain following a major rain event, which will improve the quality of life of these residents. Without the Grant Agreement, the City of Boynton Beach will have to expand additional capital to fund the project. Fiscal Impact: The City will leverage $3,265,302 of its own funds as a match to the total project cost of$19,765,302. The project is included in Public Works and Utilities CIP to ensure availability of funds Alternatives: Do not approve the Subrecipient Grant Agreement from the DEO. Strategic Plan: Building Wealth in the Community, Transportation and Mobility , Public Health and Safety , Environmental Sustainability Strategic Plan Application: Upgraded infrastructure for the San Castle neighborhood will allow for the quality of life of the residents in the San Castle neighborhood to be met, creating a happier and safer community within the City. Climate Action Application: Improved infrastructure will increase community resilience to withstand harsh climate events. Page 171 of 1066 Is this a grant? Yes Grant Amount: $16,500,000 Attachments: Type Description Resolution approving the DEO Subrecipient D Resolution Grant Agreement for the San Castle Neighborhood Improvements D Agreement DEO GrantAgreement Page 172 of 1066 1 RESOLUTION NO. R22 -173 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 SUBRECIPIENT GRANT AGREEMENT,AND SUBSEQUENT AMENDMENTS 6 TO THE AGREEMENT FOR THE SAN CASTLE NEIGHBORHOOD 7 IMPROVEMENT PROJECT FUNDED BYTHE DEPARTMENT OF ECONOMIC 8 OPPORTUNITY (DEO) IN THE AMOUNT OF $16,500,000; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, in February, 2022, the City of Boynton Beach was awarded $16,500,000 13 in grant funding from the Department of Economic Opportunity (DEO) Community 14 Development Block Grant Mitigation Program (CBDG-MIT) for mitigation efforts to 15 upgrade drainage, utilities, and roadway improvements in a neighborhood known as "San 16 Castle"; and 17 WHEREAS, the project will provide critical upgrades to the infrastructure for an 18 underserved population by giving them the ability to move freely in and out of the 19 neighborhood, having a reliable source of drinking water, and knowing that stormwater 20 will properly drain following a major rain event, which will improve the quality of life of 21 these residents; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens of the City of 24 Boynton Beach to approve and authorize the City Manager to sign the Subrecipient Grant 25 Agreement, and subsequent amendments to the agreement for the San Castle 26 Neighborhood Improvement Project funded by the Department of Economic Opportunity 27 (DEO) in the amount of $16,500,000. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 29 OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission approves and authorizes the City Manager to S:ACA\RESO\Agreements\Grants\San Castle Neighborhood Improvement -Reso.Docx Page 173 of 1 066 34 sign the Subrecipient Grant Agreement, and subsequent amendments to the agreement 35 for the San Castle Neighborhood Improvement Project funded by the Department of 36 Economic Opportunity (DEO) in the amount of $16,500,000. A copy of the Agreement is 37 attached hereto and incorporated herein as Exhibit "A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 6th day of December, 2022. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor—Ty Penserga 45 46 Vice Mayor—Angela Cruz 47 48 Commissioner—Woodrow L. Hay 49 50 Commissioner—Thomas Turkin 51 52 Commissioner—Aimee Kelley 53 54 VOTE 55 56 57 58 ATTEST: 59 60 61 Maylee De Jesus, MPA, MMC Ty Penserga 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 Michael D. Cirullo, Jr. 68 City Attorney S:ACA\RESO\Agreements\Grants\San Castle Neighborhood Improvement -Reso.Docx Page 174 of 1 066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity (hereinafter referred to as "DEO") and the City of Boynton Beach Florida (hereinafter referred to as the"Subrecipient"), each individually a"Party"and collectively"the Parties." THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS,pursuant to Public Law(P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act,2019 (approved June 6,2019),Division B, Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the"Continuing Appropriations Act,2018"; and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 etseg.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DSO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS, all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of Mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury,damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters;(2) address the current and future risks as identified in DSO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 58 Revision Date: 4/19/2022 Page 175 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 NOW THEREFORE,DEC) and the Subrecipient agree to the following: (1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B, Project Budget, and Attachment C,Activity Work Plan, the Subrecipient shall submit to DEC) such Attachments in conformity with the current examples attached hereto as necessary and appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and absolute discretion. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DEO's grant agreement with HUD, has reviewed applicable CDBG-MIT regulations and guidelines,-,vill conduct, and will ensure its activities are in compliance with DSO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations as now in effect and as may be amended from time to time,including but not limited to,the Federal laws and regulations set forth in 24 CFR Part 570,applicable Federal Register Notices,the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I,etseq.,and all other applicable federal laws,regulations,and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEC)executes this Agreement(the"Effective Date") and ends forty-eight (48) months after execution by DEO,unless otherwise terminated as set forth herein. (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEC) shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEC) in its sole discretion and DSO's Director of the Division of Community Development approves such extension in writing (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEC) may accept or reject any proposed modification based on DSO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. Page 2 of 58 Revision Date: 4/19/2022 Page 176 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 (b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books,documents,papers and records,including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (7),Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6)years from the date DEO issues the final closeout of this Agreement,unless extended in writing by DEO.The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period,in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement for such costs as described herein,Subparagraph (22)(e),Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (7) AUDIT REQUIREMENTS (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. Page 3 of 58 Revision Date: 4/19/2022 Page 177 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to audit&deo.mvflorida.com, and DSO's grant manager; a blank version of which is attached hereto as Attachment J .The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 CTR 200.512,when such provisions are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in the Scope of Work, Attachment A, Project Description and Deliverables,and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information. Without limiting any other remedy available to DEO,if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DSO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO,HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations, and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1)reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR§200.521. (d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable bylaw. (10) DUPLICATION OF BENEFITS Page 4 of 58 Revision Date: 4/19/2022 Page 178 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUDguidance (including HUD training materials). Subrecipient shall carry out the activities under this Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S.,pursuant to Section 768.28(19),F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Pam's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default"),DEO may,in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity,without limitation: (a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect, or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30)calendar days from the date written notice is sent by DEO; (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete,or insufficient information or fails to submit additional information as requested byDEO; (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DSO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars,acts of public enemies, strikes,fires,floods,or other similar Page 5 of 58 Revision Date: 4/19/2022 Page 179 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 cause wholly beyond the Pam's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that a delay could occur as a result or(2)within five(5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines,in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. (13) REMEDIES If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or remedy available,provide thirty(30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following remedies,either concurrently or consecutively: (a) Terminate this Agreement upon written notice by DEO sent inconformity with Paragraph (17) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law,rule or regulation governing the use of the funds;and (e) Exercise any corrective or remedial actions,including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected;and/or 3. Advise the Subrecipient to suspend,discontinue or refrain from incurring costs for any activities in question. Page 6 of 58 Revision Date: 4/19/2022 Page 180 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 (f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEC) from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEC) to require strict performance does not affect, extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEC) for any other default by the Subrecipient. (14) DISPUTE RESOLUTION DEC) shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEC)within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S.,is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,F.S. (15) Citizen Complaints. The goal of DEC) is to provide an opportunity to resolve citizen complaints in a timely manner,usually within fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable,and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. The Subrecipient will handle citizen complaints by: (a) Conducting investigations,as necessary; (b) Finding a resolution; or (c) Conducting follow-up actions. Program Appeals Applicants may appeal program decisions related to one of the following activities: (a) A program eligibility determination; (b) A program assistance award calculation; or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file awritten complaint or appeal with the Office of Long-Term Resiliency by email at CDBG- DR&deo.mvflorida.com or by mail to the following address: Attention: Office of Long-Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 420 Tallahassee, Florida 32399 HUD Complaints If the complainant is not satisfied by the Subrecipient's determination or DSO's response,then the complainant may file a written appeal by following the instructions issued in the letter of response. If the complainant has Page 7 of 58 Revision Date: 4/19/2022 Page 181 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 not been satisfied with the response at the conclusion of the complaint or appeals process, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD)at: Department of Housing&Urban Development Charles E. Bennet Federal Building 400 West Bay Street,Suite 1015 Jacksonville, FL 32202 Fair Housing Complaints The Florida Office of Long-Term Resiliency operates in Accordance with the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or ,,T\-,T,v.hud.gov/fairhousin9 fairhousing. ,v (16) TERMINATION (a) DEO may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEO. Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUDguidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion with respect to DSO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b)DEO may unilaterally terminate this Agreement,in whole or in part,for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed upon by the Parties,which must include the effective date of the termination. (d) In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law,withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from Subrecipient is determined. (e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. Page 8 of 58 Revision Date: 4/19/2022 Page 182 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 (f) Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of$25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein;or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of DSO's Grant Manager for this Agreement is: Summerlin Clenney 107 E Madison Street Tallahassee, Fl 32399 Telephone: 850-921-3186 Email: Summerlin.Clenney(a),,deo.myflorida.com (c) The name and address of the Local Government Project Contact for this Agreement is: Moisey Abdurakhmanov 100 E Ocean Ave Boynton Beach,Florida 33435-4515 Telephone: 561-742-6266 Email:AbdurakhmanovM(a),bbfl.us (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR§200.318 - §200.327and§200.330 when procuring property and services under this Agreement (refer to Attachments D &E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: Page 9 of 58 Revision Date: 4/19/2022 Page 183 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations; (e) that the contractor shall hold DEC) and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; (f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; (g)the requirements of 2 CFR Appendix II to Part 200—Contract Provision for Non-Federal Entity Contract Under Federal Awards— (refer to Attachment L) Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489(l)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions, terms,conditions,or obligations other than those contained in this Agreement;and this Agreement supersedes all previous understandings.No waiver by DEC)may be effective unless made is writing by an authorized DEC) official. (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise, the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A—Project Description and Deliverables Attachment B—Project Budget (Example) Attachment C—Activity Work Plan (Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports Attachment H—Warranties and Representations Attachment I—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources Attachment J—Audit Compliance Certification Attachment K—SERA Access Authorization Form (form provided after execution of this agreement) Attachment L—2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement Page 10 of 58 Revision Date: 4/19/2022 Page 184 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 (21)FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed Sixteen Million Five Hundred Thousand Dollars and Zero Cents ($16,500,000.00) subject to the availability of funds. The State of Florida and DSO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. (b) DEO will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA") through DSO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms, conditions,assurances,restrictions or other instructions listed in the NFA. (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO. These written administrative procedures,processes and fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D,Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with the Scope of Work. (e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. (f) Except as set forth herein, or unless otherwise authorized in writing by DEO,costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. (g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23),Mandated Conditions of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty(30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes,rules, or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. 5121 et seq., (the"Stafford Act"). (k) CDBG-DR funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Page 11 of 58 Revision Date: 4/19/2022 Page 185 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobhgated funds which have been advanced or paid. (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. (e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty(30) calendar days from Subrecipient's receipt of notification of such non-compliance. (f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of$15.00 or five percent of the face amount of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 420 Tallahassee, Florida 32399-6508 (23) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. (b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County.The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement maybe executed in any number of counterparts,anyone of which maybe taken as an original. (0 Sub recipient shall comply with all applicable local,state and federal laws,including the Americans With Disabilities Act of 1990,as amended(P.L. 101-336,42 U.S.C. § 12101 etseg.);the Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; and laws which prohibit discrimination by public and private entities on in employment, public accommodations,transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(a),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public Page 12 of 58 Revision Date: 4/19/2022 Page 186 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 building or public work; may not submit bids, proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2)(a),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (j) In the event travel is pre-approved by DEC), any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to DEC) or be applied against DSO's obligation to pay the Agreement award amount. (1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119,F.S. (m) Subrecipient shall comply with section 519 of P.L. 101-144,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety(90) days of execution of this Agreement,and enforcing,the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. (24) LOBBYING PROHIBITION (a) No funds or other resources received from DEC) under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies,by its signature to this Agreement,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Page 13 of 58 Revision Date: 4/19/2022 Page 187 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any general loan, the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment or modification of any federal contract,grant,loan or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patentor copyright unless this Agreement expressly provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. (26) LEGAL AUTHORIZATION (a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may, at its discretion,request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. (b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge, there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Page 14 of 58 Revision Date: 4/19/2022 Page 188 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. (27) PUBLIC RECORD RESPONSIBILITIES (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRRequestn,deo.mvflorida.com within one (1) business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DSO's custodian of public records, provide DEO 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 by Chapter 119,F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subrecipient-contractor"),the Subrecipient-contractor shall transfer to DEO,at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided to DEO, upon request from DSO's custodian of public records,in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request,DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DSO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. ( Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two(72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO deems advisable,to prevent misuse,regain possession or otherwise protect the State's rights and the data subject's privacy. Page 15 of 58 Revision Date: 4/19/2022 Page 189 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 (g) Subrecipient acknowledges DEC) is subject to the provisions of Chapter 119, F.S., relaxing to public records and that reports,invoices and other documents Subrecipient submits to DEC) under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEC) regarding DSO's efforts to comply with the requirements of Chapter 119,F.S. (h) If Subrecipient submits records to DEC) that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by Subrecipient prior to submittal to DEC). Failure to identify the legal basis for each exemption from the requirements of Chapter 119,F.S.,prior to submittal of the record to DEC)serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure 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 this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEC) upon completion, including termination, of this Agreement. (i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRReduest c&deo.myfloridaxom, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,partners, contractors and subcontractors and shall fully indemnify,defend,and hold harmless the State and DEC), and their officers, agents and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees,partners, contractors or subcontractors,provided,however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEC). DEC),in its sole discretion,has the right,but not the obligation,to enforce this indemnification provision. (k) DEC) does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEC),including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEC) or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEC) or the State in any material published,either in print or electronically to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. (1) Subrecipient shall comply with the requirements set forth in Section 119.0701,F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEC)may terminate this Agreement if the Subrecipient does not comply with this provision. Page 16 of 58 Revision Date: 4/19/2022 Page 190 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095, F.S.,requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees.A public employer, contractor,or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by a person,verify such person's employment eligibility.A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: https://«T\-,7w.e-verifv.gov/ (c) If the Recipient does not use E-Verify,the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR§ 570.500(a)or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200,24 CFR part 570.489,570.500,570.504 and the terms of this Agreement. (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (30)NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: (a) Benefit low-and moderate-income persons; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment Page 17 of 58 Revision Date: 4/19/2022 Page 191 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied,on behalf of the other. (b) Subrecipient,its officers,agents,employees, subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. (0 DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security workers' compensation health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents,receive benefits and necessary insurance (health,workers'compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. (h) DEO shall not be responsible for providing any training to Subrecipient,its employees, assigns, agents,representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement;DEO may provide training in the form of an Implementation Workshop in keeping with implementation --- Remainder of this page is intentionally left blank Page 18 of 58 Revision Date: 4/19/2022 Page 192 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By By Signature Signature Daniel Dugger Dane Eagle Title City Manager Title Secretary Date Date Federal Tax ID # 59-6000282 UEI # FYYMUAVJDKC6 Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 19 of 58 Revision Date: 4/19/2022 Page 193 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 Attachment A—Project Description and Deliverables 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed(MID)Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register,Vol. 84,No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $63,485,000. This award has been granted under the General Infrastructure Program(GIP). Projects eligible for,but not limited to, funding under this program are infrastructure investments related to the following: • Restoration of critical infrastructure • Re-nourishment of protective costal dune systems and state beaches • Building or fortifying buildings that are essential to the health, safety and welfare of acommunity • Rehabilitation or construction of stormwater management systems • Improvements to drainage facilities • Reconstruction of lift stations and sewage treatment plants • Road repair and improvement and bridge strengthening 2. PROJECT DESCRIPTION: The City of Boynton Beach has been awarded Sixteen Million Five Hundred Thousand Dollars and Zero Cents ($16,500,000.00)in CDBG-MIT(Community Development Block Grant- Mitigation) funding for mitigation efforts to upgrade drainage, utilities, and roadway improvements in a neighborhood known as "San Castle." San Castle is located east of I-95, south of Hypoluxo Road. CDBG- MIT GIP grant program will result in the provision of critical upgrades to the infrastructure for an underserved population by giving them the ability to move freely in and out of the neighborhood, having a reliable source of drinking water, and knowing that stormwater will properly drain following a major rain event will improve the quality of life of these residents.The area selected for the improvements under the grant is made up of two Block Groups as defined by the U.S. Department of Housing and Urban Development(HUD).Together,these Block Groups exceed 74%LMI, demonstrating that this is an underserved community. The City of Boynton Beach is leveraging$3,265,302.00 with the total project costing$19,765,302.00. 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval.The Staffing plan must include the following: 1. Organizational Chart;and 2. Job descriptions for Sub recipient's employees, contracted staff,vendors, and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. Page 20 of 58 Revision Date: 4/19/2022 Page 194 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email hotline&_,hudoigt gov). 5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- MIT grant funds when available. D. Upload required documents into a system of record provided by DEC). E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program Guidelines,Action Plans,Action Plan amendments, and Federal, State, and local laws. H. Provide copies of all proposed procurement documents to DEO ten (10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. L Complete procurement of all applicants for internal grants management and compliance and direct program and product production,including: 1. Selection of applicants, subrecipients and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance,and administration. 2. Selection of applicants, subrecipients and/or staff that will be responsible for appraisal, environmental review,title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEO prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes,DSO's Contract Manager will contact Subrecipient regarding changes. Subrecipient is required to submit the updated contract within thirty (30) days. Should the contract not be submitted in a timely manner, Subrecipient will be required to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds allocated for Mitigation,provided by DEC),receive the required Environmental Clearance from DEO prior to Subrecipient being able to commit CDBG-MIT funds. K. Provide the following documentation to DEO within ten (10) calendars after the end of each month: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with justification for the revision. Page 21 of 58 Revision Date: 4/19/2022 Page 195 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. If staffing changes,there must be s submittal stating the names,job descriptions,on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter; b. Issues or risks that have been faced with resolutions;and c. Projected activities to be completed within the following quarter. N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C—Activity Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing at least thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Close out report will be due no later than sixty(60) calendar days after this Agreement ends or is otherwise terminated 4. ELIGIBLE TASKS AND DELIVERABLES: Subrecipient shall: A. Deliverable No. 1—Project Implementation Tasks that are eligible for reimbursement are as follows: 1. Professional services to the City for technical assistance and program management (Davis- Bacons review, Section 3 activities). 2. Conduct environmental review administrative activities (Environmental Exemption,Public Notice Publication(s),etc.). 3. Provide grant management to include invoicing,record keeping,prepare and award bids to vendors. 4. Project Closeout,Engineer's Certification of Completion, Grant Closeout Package Completed and Submitted to DEO B. Deliverable No. 2—Engineering Services Tasks that are eligible for reimbursement are as follows: 1. Create a full design package(s),signed and sealed by a Professional Engineer (PE) licensed in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project and meet all local current hurricane code ratings,local codes and building codes 2. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit-related documentation for the project. 3. Conduct an Environmental Review/Assessment in accordance with DEO Policies and the National Environmental Policy Act referenced in Attachment DAR of this agreement. C. Deliverable No. 3—Construction Tasks that are eligible for reimbursement are as follows: Page 22 of 58 Revision Date: 4/19/2022 Page 196 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 1. Construction management and inspections- Complete all required construction inspections and construction administration. 2. General Requirements,Mobilization and Demobilization- Complete all general requirements during construction,including mobilization and demobilization. 3. Testing, Survey, and Record Drawings- Complete all construction testing, surveys and necessary as-built drawings after construction is completed. 4. Stormwater Pollution Prevention-Perform aspects of the Storm Water Pollution Prevention plan during construction. 5. Maintenance of traffic-Perform maintenance of traffic during the duration of the construction. 6. Utilities Infrastructure-Replacement and repairs of utilities including potable waterlines and sanitary sewer systems 7. Stormwater Infrastructure-Installation on storm sewer improvements including upgrades and connection to a positive outfall 8. Roadway Rehabilitation-Replacement roadways in the project limits 9. Paving markings and striping-Replace existing pavement markings,make necessary updates to marking and signage 5. DEO'S RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEC)in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEC) shall monitor progress,review reports, conduct site visits, as DEC) determines necessary at DSO's sole and absolute discretion,and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1—Program Implementation Tasks Minimum Level Of Service Financial Consequences Subrecipient shall complete tasks Subrecipient may request Failure to complete the as detailed in Section 4.A of this reimbursement upon completion of Minimum Level of Services as Scope of Work, which shall be a minimum of one (1) task on a per specified shall result in non- reimbursed upon satisfactory completed task basis associated with payment for this deliverable. completion of an eligible task as a task as identified in Section 4.A detailed,in Deliverables 2 through 3 and Deliverable 2-3. as evidenced by of this Scope of`Fork. submittal of the following documentation: 1) Summary of Project Implementation activities 2) Payroll and Timesheet documentation;and Page 23 of 58 Revision Date: 4/19/2022 Page 197 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEC)Agreement No.: MT127 3) Invoice package in accordance with section 7 of this Scope of Work. Deliverable 1 Cost: $780,000.00 Deliverable No.2—Engineering Services Tasks Minimum Level Of Service Financial Consequences Subrecipient shall complete tasks Subrecipient may request Failure to complete the as detailed in Section 4.13 of this reimbursement upon completion of a Minimum Level of Services as Scope of Work. minimum of one (1) task in specified shall result in non- accordance with Section 4.13 of this payment for this deliverable. Scope of Work,evidenced by submittal of the following documentation: 1) Engineering design working drawings and associated cost estimates,if applicable. 2) Copies of all required permits,if applicable. 3) Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 2 Cost: $1,225,000.00 Deliverable No.3—Construction Tasks Minimum LevelOf Service Financial Consequences Subrecipient shall complete tasks Subrecipient may request Failure to complete the as detailed in Section 4.0 of this reimbursement of construction Minimum Level of Services as Scope of Work. activities in the following increments: specified shall result in non- 5%, 10%, 15%,20%,25%,30%, on- 5%, 10%, 15%,20%,25%,30%, payment for this deliverable. 35%, 40%,45%,50%,55%,60%, 65%, 70%,75%, 80%, 85%,90%, 95% and 100%, evidenced by submittal of the following documentation: 1) AIA forms G702 and G703, or similar accepted DEC) form,completed by a licensed professional certifying to the percentage of project completion; 2) Photographs of project in progress and completed;and 3) Invoice package in accordance with Section 7 of this Scope of Work Deliverable 3 Cost: $14,495,000.00 Total Project Costs Not to Exceed$16,500,000.00 Page 24 of 58 Revision Date: 4/19/2022 Page 198 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 DEO Agreement No.: MT127 COST SHIFTING: The deliverable amounts specified within the Deliverables Section 6 table above are established based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DSO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient,as described in MODIFICATION section of the Agreement.Regardless,in no event shall DEO reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971(1),F.S. and Section 21 of this Agreement,Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds,including,but not limited to,the Reference Guide for State Expenditures(httns://mvfloridacfo.com/docs-sf/accountinu-and-auditing-libraries/state- agencies/referenceauideforstateexpenditu res4a8dd8e7f6fd4eaeb3eb12363d34lf74.pdf?sfvrsn=ae70963d 2. A. Subrecipient shall provide one (1) invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed,the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Grant Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 5, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents,certifying that the project, or a quantifiable portion of the project,is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DSO's Subrecipient Enterprise Resource Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. --- Remainder of this page is intentionally left blank Page 25 of 58 Revision Date: 4/19/2022 Page 199 of 1066 N H 0 o � z Fw U i•i � cn 6J w o � •� F � O U o 0 0 � N o � F � za w •� � U � •� N bA 6J 00 tb 0 0 LO co z a 0 Q N N i h U co yQjQJ � O p cn ..O W •i�+�i � �y � U V O U U O Qy 6J a1 I 'ti b1J U 00 co •� •i�•i W � O O x � •"' � O � Q � � � c�d+ � � � N vui o bL Q l ' U bL m bA�4 , U w O - a� pp •• + -+ a� by by QJ o bA bA,� U ,� Q IM d r-i cn U O D % / / & \ � � S § \ / ƒ ? ( 7 2 « § O \ $ o ® o q ¢ / � 2 « § 5 ; / 00 0 ) r- LO k � j § E � 2 § / Q \ / � / 3 LU / u \ ; \ ƒ ƒ Cl) + / t $00 o LU 0 \ / ( / \ °ƒ § $ � � \ 3 / / ® w + 3 ƒ 0 % % Q = m { / b.0 Q 7 \ u / Q � Q 0 q \ � ) \ ® 'u m 9 � k § W E © $ / a u 00 * \ Q 00 ƒ / % a \ / / � \ { � / { u u / � ± k ƒ j k Cl) < 3 \ \ $ 2 c \ / \/ \ Q $ m m \ CA = 0 6 G 3 P / / Q \ a j DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment D—Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Budget and Activity Work Plan. 3. The Subrecipient shall request DSO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurementguidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following: a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond$5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR §§ 1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(42 U.S.C. §§ 4601-4655;hereinafter,the"URA"),implementing regulations at 24 CFR part 42,49 CFR part 24 and 24 CFR§ 570.606(b),the requirements of 24 CFR§42.325—42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR § 570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her rights under the URA,an invitation to accompany the appraiser, all appraisals,offer to the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 29 of 58 Revision Date: 4/19/2022 Page 203 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 determine whether remedial action may be needed.The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition,or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO,HUD, and applicable,regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday, November 21,2016. 9. For each Request for Funds (RFF) that includes reimbursement of construction costs,the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price);and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR§ 570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, acquired with CDBG-MIT funds.This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR§ 570.489(j). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 CFR 67,and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers,contractors,consultants and engineers involved in the application or in the planning,development or implementation of the project or CDBG-MIT-funded activity;and Page 30 of 58 Revision Date: 4/19/2022 Page 204 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR § 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§ 570.489(g), such as those relating to the acquisition or disposition of real property.CDBG-MIT financial assistance to beneficiaries,businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with, and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 31 of 58 Revision Date: 4/19/2022 Page 205 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment E—State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DSO's Federal award under the Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of DSO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to, and,by signing this Agreement, certifies that,it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. 11/Wednesday, January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DSO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits.Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. This review must include: (1) Reviewing financial and performance reports required by DEC); (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means;and (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. Page 32 of 58 Revision Date: 4/19/2022 Page 206 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEC),including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2).DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug-Free Workplace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub.L. 100-690,Title V,Subtitle D;41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit httt2s://www.sam.gov/SAM/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR 570.200(j).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold,the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEC). The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to the extent they are inconsistent with 24 CFR 570.200(j) and 24 CFR 570.4890), in which case Subrecipient shall comply with 24 CFR 570.200(j) and 24 CFR 570.489(j),except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 6. Federal Funding Accountabilit<:and Transparenc,:Act(FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, https://www.sam.gov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Unique Entity Identifier (UEI) number. The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act,which includes requirements on executive compensation,2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Propert�:Acduisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA),42 USC 4601 —4655, 49 CFR part 24,24 CFR part 42,and 24 CFR 570.606. Page 33 of 58 Revision Date: 4/19/2022 Page 207 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 In addition to other URA requirements,these regulations (49 CFR§ 24.403(d)) implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President,to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall,on the ground of race, color,national origin,religion or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504).Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed,constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6,for general typebuildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is,easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act(§§288.703-288.706, F.S.);Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352),as amended. No person in the United States shall, on the grounds of race, color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1,or because an individual has made a complaint,testified,assisted or participated in any manner in an investigation,proceeding or hearing under 24 CFR part 1.The identity of complainants Page 34 of 58 Revision Date: 4/19/2022 Page 208 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 shall be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance,the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilities, services,financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement,the instrument effecting any disposition by the Subrecipient of such real property,structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DSO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24, 1965,as amended,and implementing regulations at 41 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (2) Women- and Minority-Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. (3) Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice,to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 35 of 58 Revision Date: 4/19/2022 Page 209 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 9. Labor and Employ Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 3141, etseq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low-Income Person Definition A low-income person,as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (ii) A very low- income person,as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher m or lower than 50 per centuof the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b. Compliance Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing Federal, state and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the following"Section 3 clause"in every"Section 3-covered contract": (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3,shall,to the greatest extent feasible,be directed to low- and very low- income persons,particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants Page 36 of 58 Revision Date: 4/19/2022 Page 210 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. (4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. (5) The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75. (6) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians,and(ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c.. Section 3 Benchmarks and Reporting A.Benchmarks. Contracts over$200,000 trigger Section 3 Benchmark requirements.When triggered,best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimilm numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers;and 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers. B. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR§ 75.23,pursuant to 24 CFR§ 75.25(b),the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. C. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or DEO which may be amended from time to time for HUD reporting purposes. 11. Conduct a. Hatch Act The Subrecipient shall comply with the Hatch Act,5 USC 1501 — 1508,and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in DSO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbj ing Certification Page 37 of 58 Revision Date: 4/19/2022 Page 211 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation,renewal, amendment or modification of any Federal contract,grant,loan,or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; (3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly;and (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship,religious instruction, or proselytization. Equal Treatment for Faith-Based Organizations. Prohibits any State or localgovernment receiving funds under any Department program,or any intermediate organization with the same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction,or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non-religious organizations. e. Environmental Conditions (1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(g) of the HCD Act for environmental review,decision-making and action (see 24 CFR part 58) and is not delegated DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non-HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Air and Water The-Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: (a) Air quality. (1)The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended;particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51,and 93); and (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seg., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended,and all regulations and guidelines issued thereunder. Page 38 of 58 Revision Date: 4/19/2022 Page 212 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 (c) The Clean Air and Water Act: If this Contract is in excess of$100,000,Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C.7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act,Pub.L.94-163. (3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994,as amended,(42 U.S.C. 5154a),which includes a prohibition on the provision of flood disaster assistance,including loan assistance, to a person for repair, replacement or restoration for damage to any personal,residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. (4) Lead-Based Paint The Subrecipient shall follow DSO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A,B,J,K,and R of this title. (5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966,as amended, codified in title 54 of the United States Code,and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. (6) Additional Regulations (a) The Temporary Assistance for Needy Families Program (`TANF"), 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, etseg., which prohibits discrimination on the basis of sex in educational programs. (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. (d) The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law (Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis,to children up to age 18. (e) Public Announcements and Advertising:When issuing statements,press releases,requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money,(2) the dollar amount of federal funds for the project Page 39 of 58 Revision Date: 4/19/2022 Page 213 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. (f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. (g) The Consolidated Appropriations Act,2010,Division E,Section 511 (Pub.L. 111-117),which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now(ACORN) or its subsidiaries. The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub.L. 111-117. (h) Contract Work Hours and Safety Standards Act(40 U.S.C. §327-333)—If this Contract involves federal funding in excess of$2,000 for construction contracts or in excess of$2,500 for other contracts that involve the employment of mechanics or laborers,compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub.L. 94-580 codified at 42 U.S.C. 6962),state and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. (j) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986,which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements,the State may impose any of the additional conditions and/or requirements outlined in 2 CFR§ 200.207. Page 40 of 58 Revision Date: 4/19/2022 Page 214 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment F—Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race,color,familial status,handicap,national origin,religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency,the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters;and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts,and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: 1. Making fair housing presentations at schools,civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries,health fairs, community events,yard sales and church festivals;and 4. Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles,sign-in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 41 of 58 Revision Date: 4/19/2022 Page 215 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring,promotion, discharge,pay, fringe benefits,job training, classification,referral and other aspects of employment,on the basis of race,color,religion, sex,national origin,disability age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used to develop a local MBE/WBE list at the following web site: https://osdAms.mvflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b)into any contracts or subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR60-1.3. Section 504 and the Americans with Disabilities Act(ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Hasa physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment,or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 42 of 58 Revision Date: 4/19/2022 Page 216 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not,on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services,benefits or opportunities to participate as a result of physical barriers,or 3. Deny employment opportunities,including hiring,promotion,training and fringe benefits,for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment, State and local government,public accommodations, commercial facilities,transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governmentsgive people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 -Economic Opportunities for Low- and Very Low-Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income peopie who are hired to work on CDBG-MIT-funded projects. The number of low- and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following Section 3 clause is required to be included in any contracts and subcontracts funded by this Agreement: Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. § 1701u (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons,particularly persons who are Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause,and will post copies of the Page 43 of 58 Revision Date: 4/19/2022 Page 217 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the persons) taking applications for each of the positions;and the anticipated date the work shall begin. 4. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this Section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. 5. The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 75. 6. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians,and(ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds,each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964—Prohibits discrimination by government agencies that receive Federal funding, 2. Title VII of the Civil Rights Act of 1964—prohibits employment discrimination on the basis of race, color, religion, sex or national origin; 3. Title VIII of the Civil Rights Act of 1968—as amended (the Fair Housing Act of 1988); 4. 24 CFR§ 570.487(b) —Affirmatively Furthering Fair Housing; 5. 24 CFR§ 570.490(b) —Unit of general local government's record; 6. 24 CFR§ 570.606(b) —Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race,color,religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity;and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended—Employment/Training of Lower Income Residents and Local Business Contracting. Page 44 of 58 Revision Date: 4/19/2022 Page 218 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 I hereby certify that the City of Boynton Beach.Florida shall comply with all of the provisions and Federal regulations listed in this Attachment F. By: Date: Name: Daniel Dugger Title: City Manager --- Remainder of this page is intentionally left blank Page 45 of 58 Revision Date: 4/19/2022 Page 219 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment G—Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th of every April,July, October and January. 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at https://www.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted by April 15 and October 15 each year through the DSO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate"no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§ 200.343. Activities during this close-out period may include,but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to audit&deo.mvflorida.com within sixty(60) calendar days of the end of each fiscal year in which this subgrant was open. 6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with 24 CFR§75.25(a). Subrecipients must report the following: (i) the total number of labor hours worked; (ii) the total number of labor hours worked by Section 3 workers; and (iii) the total number of labor hours worked by Targeted Section 3 workers. If Section 3 benchmarks are not met, the subrecipient's qualitative efforts must be reported in a manner required by 24 CFR§75.25(b). Subrecipients shall provide Section 3 Reporting quarterly to DEO by the 10th of each quarter (January 10,April 10, July 10, and October 10). For Section 3 Reporting, Subrecipients should complete and return the Project Implementation Plan template to DEO. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables, Project Budget and Activity WorkPlan. 8. All forms referenced herein are available online or upon request from DSO's grant manager for this Agreement. Page 46 of 58 Revision Date: 4/19/2022 Page 220 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment H—Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 CTR 200.302 titled"Financial Management"),Section 218.33,F.S., and include the following: 1. Accurate, current and complete disclosure of the financial results of this project or program. 2. Records that identifv the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. 3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles") and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee,officer or agent, any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR§ 200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 47 of 58 Revision Date: 4/19/2022 Page 221 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment I—Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F -Audit Requirements, and section 215.97, F.S., as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to, on-site visits by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED.This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR§200.1. 1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR 5200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-512. 3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities.State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 48 of 58 Revision Date: 4/19/2022 Page 222 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 package as defined by section 215.97(2), F.S.,and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017,and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S.,is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS (NOTE:This part�a�ould be used to pecify any additional audit requirements imposed by the State mrarding entity that are solely a matter of that State mrarding entity's policy (i.e., the audit is not required by Federal or State la)rs and is not in conflict)rith other Federal or State audit requirements. Pursuant to Section 295.97(8, F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance nth Section 295.97, F.S. In such an event, the State mrarding agency must arrange for funding the full cost of such additional audits. N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR§ 200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR� 200.1 and§200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: a. DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): Audit a),deo.mvflorida.com Department Economic Opportunity MSC# 75,Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 b� The Auditor General's Office at the following address: Auditor General Local Government Audits 342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 49 of 58 Revision Date: 4/19/2022 Page 223 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies (preferred): or Paper (hard copy): Audit a),deo.mvflorida.com Department Economic Opportunity MSC# 75,Caldwell Budding 107 East Madison Street Tallahassee, FL. 32399-4126 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 5 Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition,if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer. Page 50 of 58 Revision Date: 4/19/2022 Page 224 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Exhibit 1 to Attachment I—Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $16,500,000.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 The City of Boynton Beach has been awarded Project Description: $16,500,000.00 in CDBG-MIT (Community Development Block Grant-Mitigation) in funding for mitigation efforts to This is not a research and development a)rard. upgrade drainage, utilities, and roadway improvements in a neighborhood known as "San Castle." Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR§§ 570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3),F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability(NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A Matching Resources for Federal Programs:N/A Subject to Section 215.97,Florida Statutes:N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE:Title 2 CFR§ 200.331 and Section 215.97(5), F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 51 of 58 Revision Date: 4/19/2022 Page 225 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment J—Audit Compliance Certification Email a copy,ofthis form within 60 daps ofthe end ofeach fiscal pearin which this suhgrantwas open toaudit@deo.mplorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g.,contract,grant,memorandum of agreement,memorandum of understanding,economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity(DEO)?Yes❑No ❑ If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? El Yes N❑ If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement,etc.) between the Subrecipient and DEO?Y JNo ❑ If the above answer is yes,also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes,the Subrecipient certifies that it will timely comply with all applicable single or program- specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient,that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 52 of 58 Revision Date: 4/19/2022 Page 226 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment K—Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement Page 53 of 58 Revision Date: 4/19/2022 Page 227 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment L 2 CFR Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity" (30 FR 12319,12935,3 CFR Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." (D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole ori Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awardingagency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or Page 54 of 58 Revision Date: 4/19/2022 Page 228 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 under working conditions which are unsanitary hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement"under 37 CFR§ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387),as amended- Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See 200.323—Procurement of Recovered Materials. (I) See 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. (L)See 200.322—Domestic Preferences for procurements. [78 FR 78608,Dec. 26,2013, as amended at 79 FR 75888,Dec. 19,2014; 85 FR 49577,Aug. 13,2020] Page 55 of 58 Revision Date: 4/19/2022 Page 229 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery(CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement ("Agreement")is made and entered into by and between the City of Boynton Beach (referred to as "Subrecipient") and the State of Florida, Department of Economic Opportunity(hereinafter referred to as "DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community Development Block Grant-Mitigation Program (the "CDBG-MIT Program") administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA") or the Small Business Administration ("SBA") (singularly, a "Disaster Program" and collectively the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph,whether they are from insurance,FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds,"and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB.If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving depositions,providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 56 of 58 Revision Date: 4/19/2022 Page 230 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient; and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shallterminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Waming: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. --- Remainder of this page is intentionally left blank Page 57 of 58 Revision Date: 4/19/2022 Page 231 of 1066 DocuSign Envelope ID: C2B5A2EA-6D38-4179-8632-124A3ADE5D74 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By By Signature Signature Daniel Dugger Dane Eagle Title City Manager Title Secretary Date Date Page 58 of 58 Revision Date: 4/19/2022 Page 232 of 1066 6.E. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution No. R22-174-Approve the Building Division Fee schedule to establish new fees for the Building Recertification Inspection Program, eliminating electronic plans service fees and modifying private provider refund calculations. Explanation of Request: Resolution R22-120 was adopted on September 8th, 2022 recognizing the current building fees. The proposed resolution amends those fees to support the operational needs of the Building Division and also implements the Building Recertification program fees. A summary of the new proposed fees and updates are below: Fees being eliminated: Electronic Plans Service Fees are being eliminated since the city no longer accepts or processes paper permit submittals and everything is now electronic. Fees being implemented: Building Recertification Application fee of$400.00 is being proposed and this fee will include the initial submittals and first resubmittals of the Recertification Reports; Repair Plans Schedule of Fees; and Extensions of Time for no additional cost other than the initial application fee. The second resubmittal will be charged $100 and the third resubmittal and each resubmittal thereafter will be charged $250. Fees being amended: Amending the fee calculation for private provider permit fees. When this fee was initially proposed, it has been determined that the City is refunding significantly more than originally contemplated. With changes in Florida law the past several years, staff is seeing increases in refund requests. The new refund calculation will be based on 25% of the Building permit fee amount rather than construction valuation. The proposed change in fee calculation is also consistent with other jurisdictions. How will this affect city programs or services? This will allow the city to continue providing building permitting services and will allow for the implementation and ongoing costs to administer the Building Milestone "Recertification" Inspection Program. Fiscal Impact: Adopting the proposed fee changes will allow for the City to continue providing permitting services at a reasonable cost while re-capturing those costs through the collection of these fees pursuant to F.S. 553. Alternatives: Do not adopt the proposed fees and find alternative funding sources for permitting services. Strategic Plan: Strategic Plan Application: Page 233 of 1066 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution approving amendments to Building D Resolution Fee Schedule including the addition of Recertification Inspection Fee D Attachment Building Division Fee Schedule PDF D Resolution Reso R22-120 Comprehensive Fee Schedule Page 234 of 1066 1 RESOLUTION NO. R22-174 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 APPROVING AN AMENDMENT TO THE BUILDING DIVISION 5 FEE SCHEDULE TO ESTABLISH NEW FEES FOR THE BUILDING 6 RECERTIFICATION INSPECTION PROGRAM, ELIMINATING 7 ELECTRONIC PLANS SERVICE FEES AND MODIFYING 8 PRIVATE PROVIDER REFUND CALCULATIONS; PROVIDING 9 FOR CONFLICTS;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 13 WHEREAS, the City Commission adopted a Comprehensive Fee Schedule via 14 Resolution R22-120 which was adopted on September 8th, 2022 and which included the 15 current building fees; and 16 17 WHEREAS, City staff is proposing an amendment to those fees to support the 18 operational needs of the Building Division by implementing the Building Recertification 19 program fees; and 20 21 WHEREAS, this will allow the City to continue providing building permitting services 22 and will allow for the implementation and ongoing costs to administer the Building Milestone 23 "Recertification" Inspection Program; and 24 25 WHEREAS, staff has determined that eliminating electronic plans service fees and 26 modifying private provider refund calculations will allow for the City to continue providing 27 permitting services at a reasonable cost while re-capturing those costs through the collection 28 of these fees where necessary; and 29 30 WHEREAS, the City Commission, upon recommendation of staff, approves an 31 amendment to the Building Division Fee schedule to establish new fees for the Building 32 Recertification Inspection Program, eliminating electronic plans service fees and modifying 33 private provider refund calculations. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA AS FOLLOWS: 37 38 Section 1. Each Whereas clause set forth above is true and correct and 39 incorporated herein by this reference. 40 41 Section 2. The City Commission hereby approves an amendment to the Building 42 Division Fee schedule to establish new fees for the Building Recertification Inspection Program, 43 eliminating electronic plans service fees and modifying private provider refund calculations, a 44 copy of which is attached hereto and incorporated herein as Exhibit "A". S:ACA\RESO\Revise Building Division Fee Schedule(recertification inspection program)-Reso.docx Page 235 of 1066 45 46 Section 3. All resolutions or parts of resolutions in conflict herewith are hereby 47 repealed to the extent of such conflict. 48 49 Section 4. This Resolution shall become effective immediately upon passage. 50 51 PASSED AND ADOPTED this 6th day of December, 2022. 52 CITY OF BOYNTON BEACH, FLORIDA 53 54 YES NO 55 56 Mayor—Ty Penserga 57 58 Vice Mayor—Angela Cruz 59 60 Commissioner—Woodrow L. Hay 61 62 Commissioner—Thomas Turkin 63 64 Commissioner—Aimee Kelley 65 66 VOTE 67 68 69 ATTEST: 70 71 72 Maylee De Jes6s, MPA, MMC Ty Penserga 73 City Clerk Mayor 74 75 APPROVED AS TO FORM: 76 (Corporate Seal) 77 78 79 Michael D. Cirullo, Jr. 80 City Attorney S:ACA\RESO\Revise Building Division Fee Schedule(recertification inspection program)-Reso.docx Page 236 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES } • Building Division Fees Primary FPermit Fees Plan Review Fee Plan review fee will be credited against the actual cost of the building permit at the time of permit issuance, if a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non-refundable) 1. Minimum fee; or $75 2. Plan Review Fee Rate - Construction Value 1.0% 0-1,500,000, plus 0.50% 1,500,001 - 5,000,000, plus 0.25% over 5,000,001 Construction Permit Fee: (All types) 1. Minimum fee; or per (4) CPFR 75.00 2. Low voltage 40.00 3. Streamlined Residential Program: (i)Program applicarion fee (initial submittal and annual renewal) 250.00 (ii)Water heaters and A/C units change-out 55.00 4. Construction Permit Fee Rate (CPFR) Construction Value(") 2.30% 0 - 1,500,000, plus 1.75% 1,500,001 - 5,000,000, plus 1.00% over 5,000,001 Resubmittal Fee: (Paid at time of resubmittal) 1. First resubmittal No charge 2. Second re-submittal(Rejection for same comments) (i)Minimum fee; or 75.00 (ii) 10%of original permit fee,whichever is greater 10% 3. Third re-submittal and subsequent re-submittal (Rejection for same comments) (i)Four times the original permit fee 4x Revision Fee: 1. Minimum fee; or 75.00 2. $10.00 per page; or 10.00 3. 2.3% of the revision value, whichever is greater 2.3% Stocking Permit Fee 200.00 Certificate of Use Fee 1. Minimum fee; plus 75.00 2. $30 any additional required inspection 30.00 Footnote/ Explanation Building permit valuations: For permitting purpose,valuation of buildings and systems shall be total replacement value to include structural,value to include structural,electric,plumbing,mechanical,interior finish, relative site work, architectural and design fees,overhead and profit;excluding only land value.Valuation references may include the latest published data of national construction cost analysis services,such as, Marshall-Swift, Means,etc as published by International Code Congress,final building permit valuation shall be set by the Building official. 1 Effective:March 16,2022 Paqe 237 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES • Building Division Fees Primary Permit Fees Department of Business and Professional Regulation Surcharge 1. Minimum fee; or $ 2.00 2. 1.0% of the permit fee costs; whichever is greater 1.0% Building Code Administrators and Inspectors Fund Surcharge 1. Minimum fee; or 2.00 2. 1.5% of the permit fee costs; whichever is greater 1.5% Green Building Fee: 1. 0.05% of the construction value 0.05% Solar Voltaic Systems (1 and 2 Family Residential) 1. Minimum Fee 150.00 2. 2.3% On Construction Value Max 400 Failure to Obtain Permit Fee (Penalty Fee): 1. Four(4)times permit fee; subject to review by Building Official 4x 2. Penalty fee waiver 35.00 Private Provider Permit Fee (Discounted per F.B. 553.701) 1. Plan Review/ Inspections (Discount for full service only) (i) 1.380% 25°lo Building Permit Fees 2. Inspections (Discount not provided for single discipline inspections) (i) 1.680% 25°lo On GonStFUGtion Vail Building Permit Fees Technology Fee Hardware/Software Maintenance (Online Application, Digital Plan Review, Mobile Inspections 1. Per permit 2.00 Footnote 1 Explanation 2 Effective: December 6,2022 Paqe 238 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES • Building Division Fees Other Departmental & Planning &Zoning Division Plan Review Fee (In addition to primary permit fees) Agency Fees 1. See Part III, Land Development Regulations, Chapter 2. Article II, Sections 1. (F) Fire Department Fees: (In addition to primary permit fees) 1. Fire Inspection feesL (i) Code of Ordinances, Part II, Chapter 9. Article II. Section 9 2. Intermin Fire Assessment(Paid at time of Certificate of Occupancy or Completion) (i) See Code of Ordinances, Part II, Chapter 23. Article III, Division II, Section 23-4 Palm Beach County Impact Fees: (In addition to primary permit fees) 1. Per Palm Beach County website City Parks and Recreation Facilities Impact Fee: (In addition to primary permit fees) 1. See Part III Land Development Regulations, Chapter II. Article VI. Section 2. Water and Sewer Capital Facilities Charges: (In addition to primary permit fees) 1. See Code of Ordinances, Part II, Chapter 26, Article II, Division 2, Section 26-34 Art in Public Places Fee:(In addition to primary permit fees) 1. See Code of Ordinances, Part II, Chapter 2. Article XII, Section 2-163 Footnote 1 Explanation 3 Effective:March 16,2022 Paqe 239 of 1066 w SCHEDULE OF FEES AND CHARGES FOR SERVICES i py 4 • Building Division Fees Administrative Fees Alternate Method and Matieral Processing $ 150.00 Building Board of Adjustments and Appeals 250.00 Certificate of occupancy 1. 24 Hours notice no charge 2. Less than 24-hour notice 200.00 Change of Contractor and/or Subcontractor Fee 35.00 Early Construction Authorization Fee 500.00 Early Power Release 1. Single family, duplexes, townhouse (per meter) 150.00 2. Multi-family buildings - Main building house meter (only) 150.00 (i) Each apartment meter 25.00 3. Commerical (per meter) 150.00 (i)Additional per each 10,000 square feet 150.00 FPL Meter Placement Fee 50.00 Local Product Approval Fee 1,500.00 Master Plan Fee (Floating) (per set) 1. Single family 500.00 2. Multi-family 1,500.00 Permit Applicarion Extension Fee (Maximum of three) 1. First extension 50.00 2. Second extension 75.00 3. Third extension 100.00 Footnote 1 Explanation 4 Effective:March 16,2022 Paqe 240 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES • Building Division Fees Administrative Fees Permit Extension Fee (prior to expiration) 1. First Extension $ 50.00 2. Second Extension 75.00 3. Third Extension 100.00 4. Permit Extension for period beyond 90 days 250.00 Permit Application or Permit Reinstatement Fee (subject to approval by Building Official) 1. Within 180 days of inactive status 75.00 2. After 180 days of inactive status (i) Minimum fee or 75.00 (ii) 30% of permit fee as calculated at time of reinstatement, whichever is great) 30% Professional Services 50.00 (i.e permit research, due diligence reports, community acknowledement, forms, etc) Replacement Document Fee 1. Permit card 30.00 2. Permitted plans 30.00 plus printing costs Temporary Certificate of Occupancy or Completion (TCO/TCC) 450.00 TCC or TCO (subject to approval by building offical)(30 day extension) 1. First Extension 100.00 2. Second Extension 200.00 3. Third Extension (final extension) 500.00 4. Additional extension requests 1,000.00 Clcntrnnin blanc Fee 1 Q--.rn digital dGG 1mcntc to a GD1Q.nn �v-vv 2 Dei.A. gad digital images ente a 1-12-R- Chch Ilrkic 10.00 2-. Cn;n der0 .meei -.�--U'p to 11" x1�-7" (rnnesided) 4.0-0- twe sided- R-.nn Q 4. Cn. Cc' GGale anrl�arr- er-'- reei�.�.--('nen-esided) 5.00 F Paper cl uhmitta;l to digital submittal cnnrrlinatinn fcc25:-nvvn � Footnote 1 Explanation 5 Effective: December 6,2022 Paqe 241 of 1066 W SCHEDULE OF FEES AND CHARGES FOR SERVICES • Building Division Fees Inspection and Plan Review Fees Re-Inspection Fees 1. First re-inspection $ 50.00 2. Second re-inspection 100.00 3. Third and subsequent re-inspection without"correction" done 200.00 Advisory, Special Inspection, or Inspections During Off-Duty Hours 75.00 ($75 per hour, minimum of 2 hours, based on availability) After Hours Plan Review Service 1. Per hour 75.00 minimum of 2 hours per trade and based on availability policy Footnote 1 Explanation All fees are non-refundable Fee estimates upon request 6 Effective:March 16,2022 Paqe 242 of 1066 W SCHEDULE OF FEES AND CHARGES FOR SERVICES • Building Division Fees Building Recertification Fees Building Recertification Application 400.00 Recertification Report Fees: 1. Fiat Resubmittal No Charge 2. Second Resubmittal 100.00 3. Third Resubmittal 250.00 Repair Flan and Schedule Fees: 1. Fiat Resubmittal No Charge 2. Second Resubmittal 100.00 3. Third Resubmittal 250.00 Extension of Time Fees: 1. Fiat Resubmittal No Charge 2. Second Resubmittal 100.00 3. Third Resubmittal 250.00 Footnote 1 Explanation All fees are non-refundable Fee estimates upon request 7 Effective: December 6,2022 Paqe 243 of 1066 RESOLUTION NO. R22-120 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ADOPTING THE ANNUAL COMPREHENSIVE 5 FEE SCHEDULE FOR FISCAL YEAR 2022-2023.- 6 PROVIDING FOR CONFLICTS; AND PROVIDING AN 7 EFFECTIVE DATE, 8 9 10 11 WHEREAS,the City is authorized to establish and collect fees for services rendered by 12 the City; and 13 14 WHEREAS, the charges for various services should be reviewed and revised where 15 necessary on an annual basis during the budget adoption process in order to provide resources 16 to fund the City's upcoming budget; and 17 18 WHEREAS, the adoption of a comprehensive Fee Schedule will allow Staff and 19 Commission to review fees on an annual basis and all fees will be in one place for transparency 20 and ease of use to City residents; and 21 22 WHEREAS, the City Commission, upon recommendation of staff, adopts the annual 23 Comprehensive Fee Schedule for Fiscal Year 2022-2023. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA AS FOLLOWS: 27 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. 30 31 Section 2. The City Commission adopts the annual Comprehensive Fee Schedule 32 for Fiscal Year 2022-2023,a copy of which is attached hereto and incorporated herein as Exhibit 33 "A". 34 35 Section 3. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. 37 38 Section 4, This Resolution shall become effective immediately upon passage. 39 40 41 SACA\RES0\Adopfing a comprehensive Fee Schedute-Reso,docx Page 244 of 1066 42 PASSED AND ADOPTED this—V'day of September, 2022. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 47 Mayor—Ty Pense,rga 48, j. 49 Vice Mayor—Angela Cruz 50 51 Commissioner—Woodrow L. Hay L/ 52 53 Commissioner—Thomas Turin 54 55 Commissioner—Aimee Kelley 56 57 VOTE 58 59 A E 6 Afl� 63 Maylee,D e-6s, MPA, M C—, T 64 CityC11 k, M ?0RA re- 65 S� 66 APPROVED AS T 0 67 (Corporate Seal) j:) 68 69 too, 70 FLO ti Michael D. Cirullo,Jr. 71 City Attorney SACXREWAdopting a Comprehensive Fee Schedule-Reso,docx h. Page 245 of 1066 i EXHIBIT "All SCHEDULE OF FEES AND CHARGES FOR SERVICE Fees Cost for Records Certified Copy(for each certification page that contains the City's seal) 1.00 Per page for single-sided copies (no larger than 8 1/2'x 14') 0.15 Per page for double-sided copies (no larger than 8 112" x 14') 0.20 Per page for a copy sued 11'x 1 ' 0.30 CID 1.00 *Extensive research or use of technology: 1st 30mins at no charge, afterwards the hourly rate of the stag member that fulfilled the request. Traffic Per hour body worn camera processing fee 28.35 CID 1.011 Per hour dispatch research fee 27.87 Postage/Processing Pees 2.00 Per hour research fees 10.32 Traffic homicide investigation reports 28.00 Per page reports 0.15 Alarm Permit Fees Registration 30.00 Residential 1st 3 False Alarm - 4 False Alarm 75.00 5 False Alarm 100.00 6 False Alarm 180.00 Faire Alarm + 200.00 Commerical 1 st 3 False Alarm 4 False Alarm 200.00 5 False Alarm 600.00 6 False Alarm 750.00 7 False Alarm + 1,000.00 Police Detail Regular 50.00 Premium 60.00 t y 4 ! p� 1; z£tit Stii4 5 } t, _, . . ..',. 1 Effective=March 16,2022 Page 246 of 1066 i Tl�xl � SCHEDULE OF FEES AND CHARGES FOR SERVICES ES Resident Fee Non-Resident Fee Membership Fees Links Premium Season Membership (Nov -Apr) $2,500 - $5,000 $2,500 - $5,000 i Links Premium Family Membership (Nov-Apr) 4,000 - 8,000 4,000 - 6,000 Links Premium Membership Summer Upgrade 300 - 900 300 - 900 (May- Oct)for Premium Season Membership holders only Links Loyalty Membership (Nov- Oct) 50 - 500 50 - 500 10% off shoulder and winter season, 2 % off during summer season, 10% off all Pro Shop merchandise Daily Cart Green Fees Shoulder months (Nov 1 - Dec 10 &April) 4 - 60 4 - 60 In-season (Nov 1 - Dec 10 &April) 5 - 80 5 -80 Shoulder months (Nov 1 Dec 10 &April) 4 - 45 4 - 45 IS ,., �r ts'� y} j a� i,ufShctuz,v.�. 2 Effective:Marg 16,202 `, Page 247 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES i Resident Rates onpro Recreation RentallReservation r! Indoor and Cultural Center Hourlyrates Recreational Event Hall $ 200.00 $ 260.00 $ 340.00 Facility Multi Purpose Room Half 35.00 50.00 65.00 Multi Purpose Room Full 55.00 75.00 100.00 Classrooms 35.00 50.00 65.00 Art Room with Patio 100.00 130.00 170.00 Kapok Courtyard (Special Event Permit) 115.00 150.00 200.00 Patio East 35.00 50.00 65.00 Patina West 35.06 50.00 65.00 - - Harvey E. r, Jr, Hall - - $ 35.00 $ 50.00 $ 65.00 Heater Center Concession Building $ 75.00 $ 100.00 130.00 Came Room 55.00 75.00 100.00 Gymnasium 115.00 150.00 200.60 Meeting Room 35.00 50.00 65.00 Intracoastal Park Clubhouse 2nd Floor Event Room $ 140.00 $ 185.00 $ 240.00 Pro rain Room 35.00 50.00 65.00 -- Senior Center Activity Room $ 35,00 $ 50.00 $ 65.00 Arts and Crafts Room 35.00 50.00 65,00 Classroom 35,00 50,00 65.00 Multi-purpose room 35.00 75.00 100.00 Sims Center Classroom $ 35.00 $ 50,00 $ 65.00 Room AJB 55,00 75.00 100.00 Room C Combo A& B) 85.00 120.00 160.00 Athletic Fields Athletic Fields Multi-Purpose Fields $ 20.00 $ 25,00 $ 35.00 (•2 hour minimum) Baseball/Softball Fields 20.00 25.00 35.00 Light Usage Fee 12.00 12.00 12.00 Woman's Club - - Daily Rates 1st Floor East/ est(Mon-Thurs) $ 315.00 $ 450.00 $ 585.00 1st Floor East Vest(Fri-Sun) 472,00 675.00 878.00 2nd Flour(lion-Thurs) 945,00 1350.00 1755.00 2nd Floor(Fri-Sun) 1417,00 2205.00 2633,00 Entire Building (Mon-Thurs) 1260.00 1800.00 2340.00 Entire Buldin Fri-Sun 1890.00 2700.00 3510.00 Pavilion - Sara Binns Baily Rates Required Special Event Permit Sara Sims Performance Pavilion $ 75.00 - 100.00 $ 130.00 N""5 ,,,-,qr t u s,tr � fid..,1151r1aviwt,:rS+f�dti (�}'�ti,1tyBiu„_2f� „ r¢�it„s�(t��h�t( �����., it �s�41, ;� „s�i,,J�Fiit4� Program- providers offering an activity, event or service open to the public Private-An individual using a facility for a private event Commerical-business„ commerical, or other for-profit organizations Mon-Profit-Fees for a non- rof t, 501 c 3 car anization.-Proof of non- rofit status must be submitted. j3 Ef[e ve:March 16,X022 I; Page 248 of 1066 I SCHEDULE OF FEES AND CHARGES FOR SERVICES - Non-Resident Rates - Nonprofit Recreation Rental/Reservation /Pro ram Private Coirnmerical n oor Arts and Cultural Center Hourly rates Recreational Event Hall - $ 260.00 $ 340.00 $ 445.00 Facility Multi Purpose Doom Half 46.00 66.00 86.00 Multi Purpose Room Full 75.00 100.00 130.00 Classrooms 45.00 66.00 86.00 ,Art Room with Patio 130.00 170,00 226,00 Kapok Courtyard (Permit Required) 180.00 200.00 260.00 Patio East 46.00 65.00 86.00 Patio West 45.00 65.00 85.00 HarveyE. Oyer, Jr. Hall - $ 45.00 $ 65.00 $ 85.00 Hester Center Concession Building $ 100.00 $ 130.00 $ 170.00 Came Room 7500 100.00 130.00 Gymnasium 150.00 200.00 260.00 Meeting Room 45.00 65.00 85.00 Intracoastal Park Clubhouse 2nd Floor Event Room - $ 185.00 $ 240.00 $ 315.00 Program Room 45.00 65.00 85.00 Senior Center Activity Room 45.00 65.00 $ 85.00 Arts and Crafts Room 45.00 65.00 85.00 Classroom 45.00 65.00 85.00 Multi-purpose room 75.00 100.00 130.00 Sims Center Classroom 45.00 $ 65.00 $ 85.00 Room A/B 75.00 100.00 130.00 Room C(Combo_A&B 12.0.00 160,00 210.00 ,Athletic Fields Athletic Fields ult%-Purpose ie 's 25.00 $ 35.00 $ 45.00 (*2 hourminimum) Baseball/Softball Fields 25.00 35.00 45.00 Li ht Usa e Fee 12.00 12.00 12.00 Woman's Club Daily Rates 1st Floor Eat test(Mon-Thurs) $ 360.00 $ 500.00 $ 650.00 1 st Floor East/West(Fri-Sun) 525.00 750.00 075.00 2nd Floor(Mon-Thurs) 1050.00 1500.00 1950.00 2nd Floor(Fri-Sun) 1575.00 2225.00 2925.00 Entire Building(Mon-Thurs) 1400.00 2000.00 2600.00 Entire Building Fri-Sun 2100.00 3000.00 3900.00 Pavilion Sara Sias Required Special Evert Permit Sara Sims Performance Pavilion $ 100.00 $ 130.00 $ 170,00 a <tcti'i ii s t t, r•,,t'-;s t i t +t r ,i,y r.tMs'!„s t,lex ti t1 +. .1a.„A „r`p,;t ,s s I .Ct /t t t alt s 11 s t. .hh( 9 r +�. � t t a st thi tf S2 r .via +7r iJ t Program- providers offering an activity, event or service open to the public Private-An individual using a facility for a private event Commerical -business, commerical, or other for-profit organizations Non-Profit-Fees for a non- rofit, 501c 3 or anization. Proof of non- rofit status must be subrnrtled,_ j 4 Effectjve:March t6,2022 '( Page 249 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICES Pavilion Amenities and Pees Fee Holiday Fee Barrier Free Park 95.00 120.00 Mester Pavilion 2 (Playground) 60.00 75,00 Pavilion 3 (Field) 65.00 86.00 Intracoastal IP_ 1 21&00 265.00 r !P -2 65.00 85.00 IP - 3 65.00 85.00 IP -4 95 00 120.00 Jaycee Pavilion 1 (Bathroom Bldg) 35.00 45.00 Pavilion 2 (South) 50.00 65,00 Pavilion 3 (North water view) 50,00 65.00 Meadows Forth 65,00 85.00 South 65,00 85.00 Oceanfront North 95.00 120.00 South 95.00 120.00 Sara Sims 1 & 2 40.40 50.00 3 60.40 75.00 4 60.00 75.00 ¢..f7„1i,z�, , s ,�\^ 77 2& a r. y`1t jfcfshttui]a�tttuhw�tsr,�e.�f'f�ta..u,,�:sa,.>x,.�1,.V:ati�V:[Shis�u 7u..,4n.?,t�Zu�l'Vjaiill� a,{���u:�+t1�;f}+�.ut'i' if.�a ,n�tes�:'inia.UWs;.., .`,.tz3&,,.1,1t��;1`ttkwtA�,.,Gs.Y>r +r�.�`v�,.'.'�k One of the tables is 8'wheelchair accessible Holidays Include: New Years Clay, Martin Luther King Jr Clay, Presidents Day, Memorial Day, July 4th, Labor Clay,Veterans Day, Thanksgiving Bay, Christmas Eve and Christmas Clay, Holiday Fee also in effect the Saturday and Sunday preceding the observed holiday. 5 Effective:tsar&16,2022 h Page 250 of 1066 s I SCHEDULE OF FEES AND CHARGES FOR SERVICES Recreation Rental/Reservation Resident lion Resident Tennis Center Daily Fees Har s Tru $ 5.00 $ 10.00 Composite 3.00 3.75 Junior(113 & under) 5.00 7.50 Tennis Center Annual Permits 300.00 450.00 Senior Center Annual Fee - 40.00 Miscellaneous Fees Ball Machine Rental $10(up to ! 112 hours) Light Fee $6 per court Picleball $ /visit; $50!30 visit pass V j{ 6 EiiecWe.March 16,2022 Page 251 of 1066 } SCHEDULE OF FEES AND CHARGES FOR SERVICES Classification Fees Daily Fees Youth (13- 17) 1.00 Adult/WaterWalker/ Lap Swim 2.00 Discount Pass (30 Visits) 50,00 Water Aerobics Adults 3.00 Discount Pass (11 Visits) 30,00 Teens 2.00 Special Service Fee 1 Damage Deposit 3001rental Game/Tournament Field Prep 25 50/hr, per staff Staffing Fee 35/hr. per staff Permit Fees Tournament Services 25- 1,000/day Special went Vending 1 Exhibitors 25- 1,5001 vendor space �, `7,'" .r�JJ�I�s is ��sl SlVE t b )rt +.tlr,t 1+ts „+ (i trjji!s{._e >> .,s�S is' t r,1 S^ tr:s3 ski s}=}j\, -41 I i,t.I.�t gl+S"(IVB -\,{s �il !S,�+t,1•. ' s 145 z c�1r 1t fi'1 l hi( :l }� l., aUr� 1 t'$(titi tl4tl'sj til a ie t3 IRS> } ., ,, =3 Excludes athletic fields and pavilions TEffective:March 16,2622 Page 252 of 1066 3 , SCHEDULE OF FEES AND CHARGES FOR SERVICES Park1M Fees and Violations Parking Ger Park Boat.Launch/Trailer Annual Passes Oyer Park FL Residents. $200/year Oyer Park Non-FL Residents, $350/year Oceanfront Park Resident: 501year Ion Resident 200/year Senior Resident(ages 65+)., 50/year Parking Oyer Park Daily fate 1.50 per hour or f Daily Max Weekday 10 2 Gaily Max Weekend: 25 Oceanfront Park 1.50 per hour(7 am -9 pm) Valet Parking Valet License Fee License Per Space Ocean Avenue from Seacrest Blvd to Federal Hwy: 150 per month Requires the execution of a valet parking agreement between the City of Boynton Beach and applicant Section 14-14.7 �A) Overtime Parking $ 2:.00 Section 14-14.7 (B) Expired Meter 25.00 Section 14-14.7 (C) Vehicle Parked across line designated parking space 25.00 Section 14-14.7 (G) Unlawful use of parking permit 25.00 Section 14-14.7 (H) Unlawful parking without required parking permit 25,00 Section 14-14.7 (1) License plate not visible from drive lanes (Illegally backed in) 25,00 Section 14-14.11 (G) Removal of immobilizing device 25.00 Failure to pay fees within 14 days 2:5,00 Failure to pay fees within 90 days ;Amount not to exceed 4-% of amount owed nl ,r \,`rst ! r„,, ,gr -..7 rr.{,2, tiilr� !ry 4�<.x l\1,},i£..r£ �IltVir;\\tint•., ., n£trlu�;i, 1 Weekday= Monday-Thursday 2 Weekend = Friday-Sunday ; & Holidays 8 Effective.March 16,2022 Page 253 of 1066 I I SCHEDULE OF FEES AND CHARGES FOR SERVICE I Solid Waste Collection & Disposal m Residental Crr�pster Rates .esidental Single Family Operating Cost $ 11.75 Fuel/Enviromental Charge 5.00 Recycling 1.25 "dotal Monthly $ 16.00 Multi-Family Operating Cost 5.50 Fuel/Enviromental Charge 5.00 Recycling 1.25 Total Monthly $ 14.75 Special Pick Up Charges (Each Request) 75.00 minimum 2 Additonal Garbage Cart 6.00 each/per month There is an extra pick up charge cost based on the yard dumpster on unscheduled days 4 Includes; Construction debries over a cubic yard, large sturnpsvtrunks, nonmscheduted chargabte pickup In addition to the cart ahead novi e at the monthly rate 9 E ectjv March 16,2022 Page 254 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICES SolidWaste Collection & Disposal l urnpster Rates *Commercial, Industrial and Government Properties: (For Garbage Dumpsters) SIZE 1 TIME 2 TIME 3 TIME 4 TIME S TIME 6 TIME 2YD 96.67 165.34 234.17 302.69 371,60 440.04 3YD 138.01 241.17 344.02 447,04 5513.05 653,016 4YD 178.34 315.69 453.04 590,39 727.73 865.08 - 6Y 1 254.1.7 460.04 666.06 872.09 11078'10,, 1,284.12' 8Y[i 328.69 599.39 879,09 1,1.53.78 1,425.48 1,703.16 Them is an extra pick up charge cast based an the yard dumpster an unscheduled days Haat they are not already paying'for 95 Gallen Garba9_e Carts 95 Gallon Two Pick up per Week Operating 14.00 Fuel Charge 6.00 Env. Surcharge 5,00 Total Cost Monthly(For two) $ 24.00 Service will follow resldental chedule(l4 onlThurs or Tue lFrr) Additional Garbage Cart to the cert already provided at the monthly fate$12eachlpermonth 4z»2»\t. '( ,r j,{C s .i(,rif(R i V:F r1 Y�1» �.»'". r°'31 sc s°f:r.", 1{ ,I,,3i�5;C/r?,ii, is ji.:r r{, ,s s1,,nhtiS(4 ry';51 (V.l CZ r� ;i q:. s s ( {r(V Zltl4 i�{{' s��s�£"iii{2 ,it CC�f ,ssC t FCt}unt {kfi`;tit 4d� #i i (it i< 43iI Ssi l 1��" tt,'l ,{ti- 5 ` ;r1t t tr;(fi C ytrr 1,2{{tr sr r.,o ;, ss„SuS:.E i4�. ,dads rrhsit F�s1{ �\24„ ' ,I ON 0 r {��tli�{ There is an extra pick up charge(excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of da s of service. 10 Effective:March 16.2022 Page 255 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICE rV Solid Waste Collection & Disposal ' l✓orr4rr4erlcal I cling *Commercial, Industrial and Govemment Properties: Commerical Rec clin 2`hard Cardboard Rec cler Number of Pick Ups Per Week 2 Yard 1 2 3 4 Rental 23.00 $ 23.00 $ 23.00 $ 23,00 Operating 10.67 57.35 104:64 151.92 Feel Charge 5.00 5.00 5.00 500 Env.Surcharge 5.00 5.00 5.00 1 S.Oo Total Cost Monthly 43.67 $ 90.35 $ 137,64 1 $ 184.92 Ward Cardboard Pec cler Number of Pick Ups Per Week Yard 1 2 3 4 Rental 29.00 $ 2.9.00 $ 29.00 29.00 Operating 7..67 56.08 106.17 148.43 Fuel Charge 5.00 5.00 5,00 5.00 Env.Surcharge 5.00 5,.00 5.00 5.00 Total Cost Monthly $ 46.67 $ 95.08 $ 145,17' 187,43 4 Yard Cardboard R cler Number of Pick Ups Per Week 4 Yard 1 2 3 Rental $ 36.00 $ 36.00 $ 36.00 $ 36.00 Operating 3.68 53.39 106.71 1.43.95 Fuel Charge 5M 5.00 5,00 5.00 Env.Surcharge 5.00 5.00 5.00 5.00 Total Cost Monthly 1 $ 49.68 $ 99.89 $ 152.71 $ 189.95 ,^'*jt,l-'^, W ,. 7i d'"i S.tc,'r, s it,i�\t E ., ii +,� +..,, s t:,P.i, +, „sr 4 r,,t =rIS ,(r fiD:Iiff,., a„ i},t=t5, + ct r:t }l `:I+ { s ,I I,v ht,.n#}>rt,1s,t„u+t irk `(t,.,. tit, 7,,,.,\k�I I;,, t+ s l�„i,�1 ;,r, r. 15„ ,.,-, ,+,{�c 15 ,Z } ,t {ht ,:�� ,.'. �,ry srr . .o. ,rs \,-.ai Ns t;,a,�..7tS r„ ,�•s 1t 4,2§.,.i�.,. ij\12+'}.?_.,tbt 3Mtis,�,,.i,?tw�4L to stys's3�Jii:;.r„>ki'w..li e,r,a' 1Stai..z} aL,U_s��?+tu"`Ixtll�,frvr1214vu,b�,tal'.1}+rta*SSt4'3i#;nx\,k9},i&ta),I,.cis�.�-.� aI�1 There is an extra pick up chane (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service, i 1 ffecfive,[March 16„2022 k Page 256 of 1066 i SCHEDULE CSF FEES AND CHARGES FOR SERVICES Solid Waste Collection & DimLal Commerical Recycling -- *Commercial, Industrial and Government Properties:_ (Commerical Recycliinjtl 6 Yard Cardboard Rec cler Number of Pick Ups Per Week 8 Yard 1 2 Rental 43.00 43.00 $ 43,00 $ 43,00 Operating 5,49 57,35 11581 174.27 Fuel Charge 5,00 5.00 5.00 5.047 - Env.Surcharge 5,00 5.00 5x00 5.00 Total Cost Monthly $ 58.49 $ 110.35...t 227.27 8 Yard Cardboard Rec cler Number of Pick Ups Per'VWeek 8 Yard 1 2 3 4 Rental $ 50.00 $ 50.00 $ 50.00 $ 50.00 operating 5.83 50458 124,74 224.78 Fuel Charge 5.00 5.00 5.00 5.00 Env.Surcharge 5,00 5.00 Mo 5.00 Total Cost Monthly 55.83 $ 120.58 $ 184.74 284.78 95 Gallon"doter Blue or Yellow Available 5 Gallon One Pick U Per Week Operating - - - 7.98 Fuel Charge 5.00 Env. Surcharqe 500 Total Cost Monthly er Container 17.98 :<,R b r !, l zntut,.ses; ' "- S , a,„zt n t :.t;• ",t,:r,„tw . tit ! , ),}r,ir., z, f\—s:,,,. r 't'ff ,„1r a r"fn f"ztt....: Zia j Yt ){ c t /i S,�f(� There is an extra Pick up charge(excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be rorated based on the number of da s of service. 12 Effective.Merck 16,2022 Page 257 of 1066 - 3 SCHEDULE OF FEES AND CHARGES FOR SERVICE Solid Waste Collection & Disposal Compactors *Commercial, Industrial and Government Properties: [Compactors) Yard Compactor Number of Pick Ups Per Wank 2 Yard 1 2 3 4 5 Disposal 27.01 59,02 91.03 112.07 155.03 187:04 Operating 97".09 199.18 301.75 443.39 505.84 - 607.60 Fuel Charge -5.04 5.00 5.00 5.44 5.00 5,00 Env.surcharge 5.00 5.00 1 5ZO 5.40 5.04 1 5.00 Total Cost Monthly $- 134.10'j_'$----- 268.20 412.78 $ 575.45 $ 670.87 $ 804.64 _ 3 Yard Compactor Number of Pick Ups Per Weak 3 Yard 1 2 3 4 5 - Disposal 43.07 ' $ 91.03 139.47 187.04 $ 235.45 28 .46 - Operating 148.15 1 30135 454.47 607.60 760.75 913.90 Fuel Charge 5.00 5.00 5,00 5.00 5.00 5,00 Env.'surcharge 5.00 5.00 5,00 5.00 5.00 - 5.00 Total Cast Monthly 701.17 $ 402,78 $ 603,44 $ 804.64 $1,005.81 $ 1,206.96 4 Yard Compactor Number of PickUpsPerWeek 4 Yard 1 2 3 4 5 6 Disposal $ 59.02 $ 123.02 - 187.04 -- 251.03 $ 315.03 $ 379.08 - Operating 199.1.8 475.39 607.60 811..81. 1,015.99 1,220.211 Fuel Charge 5.00 5.00 5.00 5.00 5.00 5.40 Env.Surcharge 5.00 5,00 5.00 5.00 anOi:D 5.0 Total Cost Monthly 268,24 608.41j.$ 804.64 $ 1, 72,84 $ 1,341.02 1,609,28 >�vtt>„,4.-.7 1.a_,u-�.\f,2i�;,.„,,�tI-.-7h..6.f.,:,,)7t�>t ti,t�tr,,.;dSU'�0.1t..is..}..,\,..�),.»f}s>..,,,<.-.R\.„;:_,,\.�,,.1,�!�3 1`z�uii-}l4,,�t�(74t�Z1,�U,it1S't1,i.ti 1�,,P,._.1:.�.,.3v.i.2-y1S>.,�`,�t\�,+et.),},r,N i,�i<,c�„(,i.t,,\\�tU11tatr_s.`,rt.,1,_.,.,,s._..:.•\,`..,j'i,rf},•,i,y.f P\t.„.4i.}!l.,,S'S.t,_F.,�,,_}sr..1.-,..r-:�.Y..,;.U i\�a i�31},l)nY,•,f��S.3tts t.i,ttl,t�r...,,}.)4-,t-�-._-<...s__.',:,�a'3:;t,y�.t.,,s,i.,t f�1(,..r_.,.,Ut.3,3�r�..,,,,.,{,tsi!.��)\l!�r�r+2,ta,lt.�3,+.,-.l,H_,i.,1i,.\�.,.,�,...,n.,,i..eu,,w}i ttal,irr4fn Se\a�)�i,°:,-ss l�rii___,_,I._'f,.,, �.4wS u_-,�,, �,�iZ 1Jr&��Y�.Y,.I.i._',rt..,.r r S'VP�Y�S+',qt�x,t.ru�.i(h,-:.ir,�F-..r,+>t�Rr„3 f�R51\ti\�Stl 1\�1,-���'t3i.,.�r,,._�.„,.:_:�,f.,.4.)k'i t,N��`Y,,i)?,n,.i t.,�3t i\l\tP��i r�,.S,,\\�}1.t,�i,„,,....�,•,,._,_.-:�.�$,.,,,,t t,dim,,t,Y,t'(>»!,E),?4,1.i-�.'4),,,k!...t.,,iY�.,,r.b1!M�(,i.....,t.,.I.,.+lh,,�?,..�;,.Pr.,d:m,,.,,f.�t�'1,i��t U}i"c�3`t rf�lJ,iS)3�td 2541111 9 .� 2 There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service. 13 Effective:March 16,2022 Page 258 of 1066 W SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & leis g al Compactors *Commercial, Industrial and Government Properties: (Compactors) 6 Yard Compactor Number of Pick Ups Per Week 6 Yard 1 2 3 4 5 6 Disposal $ 91.03 187.04 283.06 - 379.08 $ 475.11 571.13 - Operating 301.75 607.60 913.30 1,220,23 1.,52.6.50 1,832.80 Fuel Charge 5.00 5.00 5.00 1 5,00 1 5.00 1 5.00 Env.Surcharge 1 5.00 1 5.00 5.00 1 5.00 1 5.00 5.00 Total Cost Monthly I_$ 402.78 L$ 804.64 1,206.96 _1,609.311_..$ 2,011,61 $ 2,113.93 8 Yard Compactor, Number of Pick Ups Per Meek 8 Yard 1 2 3 4 Disposal $ 123.02 $ 251.03 $ 379.08 507.11 $ 635.15 $ 763.17 Operating 403.39 811.81 1,220.2.3 1,628.62 2,037.04 2,445,40 fuel Charge 5.00 1 5.00 5.00 1 5.00 5.0.0 5,00 Env.Surcharge 5.00 5.00 5.0,0 5.00 5.00 5,00 Total Cost Monthly $ 536,41 $ 1,07M4 $ 1,609.31 $ 2.,145.73 $ 2,682.19 $ 3,218.57 -,i 4, ,._, ,t �.ttQ� :,.... t. �r N"INA", ,44 t,t4. _�. , f'a rt1V?�d ).,r rr^l�s Ul., �,,n��,�.���v6��,�f„t There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated', based on the number of days of service. 14 Effective:March 16 2422 Page 259 of 1066 I i SCHEDULE OF FEES AND CHARGES FOR SERVICES 8w R Solid Waste Collection & Disjgosal I,I Roll Offs *Commercial„ Industrial and government properties: (For Roll--Cifsl 10 Yard Rolloff Service Charge $ - - 335.00 Fuel Surcharge 20,00 Environmental Char e 10,00 Total Cost Per Service* 365,00 *10 yard containers have a 3 torr limit(Every 2000 lbs= t torn 20 Yard Rolloff Service Char e $ 410.00 Fuel SurchaTe -- - K00 Environmental Char e 10.00 Total Coat Per Service* - 440.00 *20 yard containers have a 4 Fon limit(Every 2000 lbs= f ton) 30 Yard Rolloff- Service Char e - 465.00 Fuel SurchaMe- 20.00 Environmental Char e 1 U0 Total Coat Per Service* 515.00 *30 yard containers have a 5 torr limit(Every 2000 lbs 9 torn 40 Yard Rolloff -- Service Charge 560.00 Fuel Surcharge 20.00 Environmental Charge 10.00 Total Cost Per Service* 590.00 *40 yard containers have a 5 ton limit(Every 2000 lbs t torn : ,lt A >Y i � Dust be paid in advance prior to delivery or service 15 Effective:March 16,2022 Page 260 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Disposal Fees oil Off Fees Overage Fee $25 per every 1000 Ikea over limit Inactivity Fee 50 per month If roll off is not serviced a minimum of once to a 30 day period Trip Charge 50 each occurrence If driver is unable to service the container due to beim blocked,overloaded,gate lock, etc Saturday Special Dick Up 200 Must call before 12 pm the Friday before to arrange (holidays excluded)Paid in advanced Relocation only 75 To move the container to a neer location but not emptied. Must be paid in advance Priority Same Day Service 200 Must call before 10 am the day of service. Must be paid in advance Violations 100 If the transfer station finds material that are not permitted (i.e, contaminated, tired, paint) Customer will be charged the violation fee plus any additional fees charged by transfer station is _+ '4^f 'lr �' 1.NsAi} jitss r ,1IF hM jjjri{iltlsiRU� ,. 16 Effective:March 16,2022 Page 261 of 1066 r d SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Leis o el Fees loll Off All Sizes Compactors service Fee $145 Fuel Surcharge 20 Environmental Charge 10 Total Charge per service(exclude tipping fee) 175 "Tipping Fee in Addition 50 per ton Administrative Fee tate Fees Customer shall pay the City, daily interest at a rate established by Section 55,03(1), Florida Statutes,on the unpaid balance, if payment of full account is not accepted within fifteen days after becoming due, unless otherwise provide by lav, daily interest shall accrue until balance is paid in full. 17Ef edw March 16,2022 Page 262 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life safe Fees New Construction Fee Plan Review/Permit Fee 1. Total construction value up to 1.6 million .60% plus 2. Total construction value up to 1,6 million 030% (50%due at submittal, remainder due prior to payment) 3. Minimum Fee-'Whichever is greater 100 Fire Alarm &All Other Automatic Fire Suppression Systems 1. Minimum Fee-Whichever is greater 100 or 2. Total contract value 0.75% (50 due at submittal for contract values over 1.5 million-, remainder due prior to permit) Site Plan Review Fee 100 Additional Fees 1. Work Commencing without a Permit 4x permit fee 2. Plan Revision Fee 100 3, 2nd & Repeated Corrections 50 4. Inspection After Hours 1001hour (2 fours minimum) Reins ections 1. First Reinspection No Charge 2.Second Reinspection 100 3.Thirst Reinspection 150 4. Fourth&Subsequent Reinspections 250 17 >>?'•Y�S?) b ft sf,}t t td7 pt 4� k s Y �' (i f �i xs 31 artx si lYU s ft - .rid ��:tt#�l} f�f, fi a, stfta r.4 Y a sflkltfSPr,� ��5�_ Assl 1�4rx�,.1Y A(,>ry 18 Effective:March:16 2022 4 Page 263 of 1066 r SCHEDULE OF FEES AND CHARGES FOR RV'ICE Fire and Life,ldety Fans Irtapectiorl Fees Assembly___,_ . 50- 100 seating capacity $150.00 2. 101 -300 seating capacity 300 3, 301 - 1000 seating capacity 450 4. 1,001 and over seating capacity 600 max fee Educational Schools,Pay Care and Churches 1. 10,000 square feet and under 75 2. 10,001 -20,000 square feet 150 3. 20,001 -40,000 square feet 300 4.40,001 -50,000 square feet 450 5. 50,001 and over 600 max fee Health Care, Hospitals, Nursing Home,Ambulatory Care, etc& Residental Board &Care 1. 1000 square feet and under 7 2. 1,009 - 10,000 square feet 150 3. 10,001 -25,000 square feet 250 4. 25,001 -35,000 square feet 350 & 35,001 -50,000 square feet 450 6. 50,001 and over 600 max fee Lodging, Rooming Houses, hotels, Dormitories& Condominiums/ Apartments 1..4-25 units J rooms 7 2. 26-75 units 1 rooms 150 3. 76 125 units!rooms 300 4.. 126 and over 600 max fee t1P1+',S VER i 1' \ "",T""''Y';rf,tm t{y— n T4 \.'" <, ,i ,.,.t it t. v,: 1 ..I,,.. ,v t,�r ttt,: �t .u.t� ^l t ._{t Xt t )tc,'tSj f .tt3it $1::�t\t -:i S s3,,rs,tt$.tltt t,7,s, .§ � n.t lji.ltdsGt3 �\�,w,bdiV,til,i.y,, tJ.t<v ,_ 1 ,. ^ t t� d ,^ a \$h ttr?� ,n,ILY,outil�tf r4Li1 .,�t.Atb �?tl ,�• In the event the annual Fire and Life'Safety Inspection Fee is not paid, the City may enforce non-compliance with this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board due to the responsible party's failure to pay the annual Fire& Safety Inspection Fee 16 Cffectim March 16,2622 Page 264 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICE Fire and Life S fet= Fees Inspection Fees Mercantile, Business, Stora e, Industrial 1. 1,000 square feet and under 50.00 2. 1,001 -3,000 square feet 75.00 3, 31001 - 5,000 square feet 125.00 4. 5,001 - 10„000 square feet 175.00 5. 10,001 -25,000 square feet 275.00 6. 25,001 -50,000 square feet 450.00 7. 50,001 and over 600 max fee Other Miscellaneous Fees 1. Marinas and Docks 75.00 2. Temporary Structures (Kiosk/Tent) 75.00 .All other occupancies not listed subject to Fire Safety Inspections 75.00 Reinspection Fees 1. First Reinspection No Charge 2. Second Reinspection 100.00 . Third Reinspection 200.00 4. Fourth& Subsequent Reinspections 300.00 S rl �i .tS1 . i lt ,`:5 T Y`+3S'C1 , r 1:,'i. m \”"I;sr t`!'.-"i f$ -.:'r 46" ) ;:' { ,t,,. ) .s m r r Ht,.1c,.. n tr,{ ,n a 1 l rk 1,Vr t it X1111}, r-:} tviss .l:it 14t,=r Insx ))ry t �t;Y }t t,'1,t ,t 1 { (... r� 11 }i� �r n t � �s-. � u,±. ti In the event the annual Fire and Life Safety Inspection Fee is not paid, the City may enforce non- compliance with this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board due to the responsible party's failure to pay the annual Fire Safety Inspection Fee 20 EffectWe.March 16,2022 Page 265 of 1066 �t SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life Safe Fees Fire Prevention Fees Additional Fees 1 Fire Hydrant Flow Test $ 3%00 2. Bonfire Permit 150.00 3. Fireworks & Pyrotechnic Display Permit/Insp 250.00 4. Fire Watch Special Assignment Detail(4 Hour Minimum) a. Personnel Only 1501 our b. Engine or Rescue Unit Required 300/hour 5, Special Event After Hours Inspection 75/hour 6. SERV Cart 75/per person per hour (Minimum 2 people for 3 hours) w, tg, "'gg'T ............ WMA ARA !"211.7. 21 Effective:March 16,2022 Page 266 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life,§LfetI, Fees larm Fees Re istration Fees 1. Fire Alarm Registration $ 40,00 2. Renewals 1 Updates 20.00 False Alarm Fees l Residential `*Includes excessive rills for assistance with no medical need 1. 1st..3rd False Alarm No Charge 2, 4th False Alarm 100.00 3. 5th False Alarm 200.00 4.6th False Alarm 300.00 5. 7th & Subsequent False Alarms 400,00 False Alarm Fees 1 Commerical —Includes excessive calls for assistance with no medical need 1. 1 st-3rd False Alarm leo Charge 2. 4th False Alarm 300.00 3. 5th False Alarm 600,00 4.6th False Alarm 900.00 5. 7th& Subsequent False Alarms 1,200 00 {ether Miscellaneous Fees 1. Fire alarm failure to notify without 1 hour notice 76,00 2. Fire alarm failure to respond within 1 hour 75.00 ti v»74 , In the event the 'Fire Prevention or Alarm fees are not paid, the City may enforce non- compliance with this section by sending a notice to the Property towner and then proceeding to the Code Compliance Board due to the responsible party's failure to pay applied fee. 22 Effective:March 96,2022 Page 267 of 1066 I SCHEDULE OF FEES AND CHARGES FOR SERVICE Fees - Libra Fees Non- Resident(non-resident registers for a library card) 30.00 Unique Management Fee (Collection Agency) 12.00 Faxing 1.00/per page Printing (black and white) 0.10/per page Printing (color) 1.00/per page Photocopies (black and white) 0.25/per page - Lost Cards Lost card replacement fee 2.00 Lost Books/Hotspots BD Lost/Damaged book fees are determind by the cost to replace the book Lost Hotspot-replacement fee for lost/damaged hotspot 140,00 20.00 Lost Hotspot Accessory-replacement fee for lot/damaged accessories Libra Late Fines Library gent fine free as of 1/21/2020 Proctoring a test 20.00/per test ,.r "s"•�r'rw r li n=rs Y,, s ) 't h"'""tialr41ut<$},.`d FU, J.},R,.,yHtl,lt,s4;;,C1,�,„t tRt,'}+„=,,)) 'a s„r A,rS isy,"its.1, i.(s�x5,,(7r,t,„,.{,�1n;rS{.it.t�f.;r1 3vr,xr„.ltr ^n t ril� "%,: , >�F a rly,,1{\t�,ti'7s s`j{iil s irtnx Y T�SF(` ; 23 Effective-,March 16,2022 Page 268 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Fees tandard Public Records Fee Lien Search Fee 140.00 Single sided copies (no larger than 8 1/2" x14") 18 cents Double-sided copies (no larger than 8 W x 14") 20 cents Certified copy (fear each certification page that contains the City seal) 1.00 per page Copy sized 11" x 1 0 cents All other copies (i.e. maps) cost of duplication of the record CD 1.00 Extensive research or use of technology First 80 minutes no charge, afterwards, charged the hourly rate of the staff member that fulfilled the public records' request _J'lj l?'t�1 24 e=ffective:March tfi 2022 Page 269 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICE City Clerk Mausoleum Fee Structure Cost of Mausoleum Inurnment Opening&Closing $ 280.00 .or for each person not included in orignal sales agreements pricer to 2048 Early/Late Arrival for Mausoleum entombments/Inurnments 200.00 Engraving of any crypt/niche front* $200 per person *or for each person not inclined in orignal sales agreement prior to Includes the deceased's first name, last name, year of birth„ year of death and a hyphen Mausoleum Emblems Engraved 75.00 New Vases. *4`Vase(only for Niches) 125.00 *8'Vase(only for Crypts) 150.00 Re lacement of Vases Plastic Cu Only): *4°Vase - 15.00 *8°Vase 20.00 Disentombment from the Mausoleum 500.00 Including Weekends&Holidays Disinurnment from the Mausoleum 400.00 Including Weekends& Holidays 'transfer Fee(of Certificate of Ownership for crypts and 75.00 niches) 10,�ttl 25 treciive:March 16,22022 Page 270 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICE 14 �lu� oleu m Fee Structure CRYPTS I v N digg 7'5 6'x le C en/Class Tande xC �n�CI+� True vC�rn �ni�n �t en1 Close 3 ' f 511 R 14' 11" F $2,750 $250 $5,650 $500 $9,000 $500 E $2,750 $250 $6,450 $500 $10,700 $500 C $4,250 $250 $6„650 $500 $12,350 $500 $5,550 $250 $7,150 $500 $14,000 $500 $5,550 $250 $7,150 $500 $14,000 $500 A '$2,750 $250 $5,650 $500 $9,000 $500 Wi prices include sandblast engraving and the tray or two trays it the crypt is Tandem or True Companion NICHES Nickel Level Price C en Claee 12” 12" A,B,C& Q $750 $250 E,F,G& H $1,250 $250 I,J,K& $450 $250 26 Effective March 16 2022 Page 271 of 1066 1 SCHEDULE OF FEES AND CHARGES FOR SERVICE Mausoleum Fee Structure Memorial Park Lot Pricin 'x 9" Lot-City Resident $ 525,00 'x 5` Lot W City Resident (small lot for 2 cremains only(Replat) 350.00 Infant Lot-City(up to 4 years old) 100.00 Sara Sims Memorial Garden ' x 9'Lot-City Resident $ 325,00 Infant Lot-City Resident 75.00 Memorial Park Sara Sims Opening &Closing Fees Memorial Garden Monday through Friday-9.00 a.m to 2:00 p. 400.00 Saturday, Sunday, and Holidays 500,00 Overtime Fee(Beginning 2:00 pm, everyday including holidays) 250.00 Early/Late Fee $2001$200 each 1f2hr Cremains Interment/Inurnment 250.00 Infant Interment 100.00 Purchase of Urn Vault(R09-056) 125.00 Sunday Service Fee(all day) 300,00 Charge O C on all new sales in Mausoleum after 2008 (fee goes into 250.00 GF) Disinterments and Disunurnrnents Disinterment from the Ground(Casket) $ 900.00 Disinurnment from the Ground (Cremains) 800.00 Disinterment from the Ground(Infant) 500.00 Equipment Set-Up Tent, Chairs and Grass - $ 100.00 Infant Complete Set-up 50.00 Infant Set-up(less than 8 chairs, no tent) Reinterment Fees(Opening & Closing) Applied at today's cost. Granite Benches $ 1,250,00 ,S Gali s azt„.: i. ., ,.U3 nr,� .i 6 ,a ,+•� `1s• '., ., <,.. „slYi1,;, +4'! �" 4tR1',. ;fi T.J' ,4,;,u Fs, `.: t,riisf sic suet 27 Effective:March 16,2022 Page 272 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Charge per Field Visit Services Occurrence Field Visit 2.0.00 (Including, but not limited to: initial read on, initial read shut, final read on, final read shut, temporary disconnects, non-emergency shut off for repair, customer requested meter locatesm and installation, movement, or removal of hydrant/construction meters Turn-on after hours 55.00 Turn-off after hours 55.00 Meter test(Based on meter size)" 314" 130.00 1`" 150,00 1 112" 205.00 2" 230.00 3"and above 515.00 e-read(customer request) Residential 30.00 Commercial/Multi-Family 40.00 Water shut-off charge for non-payment 4000 Labor charge for meter upgrades 60.00 Flow test* 30.010 Dishonored checks 25.00 Late payment 10.00 *too charge if meter error, city's error, or substandard flow rate is detected.Any adjustments to the utility bill will be no more than three Customer Tampering/Damages The utilites department is authorized to collect expenses for damages to meterlservices by customers. if damaged result from tampering, a per hour rate for staff time and mateiral will be applied. All charges will Unauthorized reconnection of service 150.00 Pulled meter i reinstallation (in addition to the unathoried 50.00 recommection of service charge for instances in which unathorized connections cannot be securely disconnected due to tampering and/or damages or inability to lock the meter Illegal meter bypass (for theft of service after meter has been pulled or 150.00 if jumper lines are used around existing meter. This charge may b applied alone or in addition to other tamping charges) "[t) )„ .FS}F" it 1 ...}i 1,k"r i rlP Tr•'.'; s F T 1 °='M M1$ t I CpR m.l.'-P3'[cl fi,: ,Y.::s1, 'ij's. A .'. ll tR2: t `t"'n ,P3 I t� ,�Fl,:z}} r t,}, t ti4 Lti._fA��i }4{ ,� ' :l Ira �1 1 17 , { 7)t } ( .1 t7r it}i��7�„�R1,Y11sti 1 .k..F v, t-.�7 _ ..��. ra�..i�1e� .cwt$�w,7 , ,r.0",v.'7,,.,...�,�-.fSms,,.�� ana`.:i 4�1�7, .,,.,f��ls#.�utiz.��a 'S�illis 28 Effective:Mar&1e 2022 Page 273 of 1066 SCHEDULE OF FEES AND, CHARGES FOR SERVICES Meters Meter Cannectic n Charges Meter Size inches Inside Ci Outside Ci ®e sit 5/8 and 314 $ 220,00 275,00 100,00 1 255.00 315.00 125,00 1112 455,010 565.00 250.00 2 50.00 660.00 440.00 Furnished and installed by and at the expense of customer 750.00 Furnished and installed y and at the expense of 4 customer 1,250.00 Furnished and installed y and at the expense of 6 customer 2,500.00 Furnislied ana insfallea by and at the expense of customer 4,000.00 Construction Meters Meter Size inches Penallfor Nonread/Month Deposit 014 25,00 10000 1 25.00 100.00 1112 25.00 200.00 2 25.00 200.00 8 150.00 600.00 If the customer requests to increase the size of the water meter to a size greater than originally installed„ the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. 19,"'. 1 c s )� 6 f ,ltrs ;vi'.�t ifs �.s d !{,!,;; } '1 •,1} }tis -.is � I s fist 4}4;,5;' Is IFs'.;11 t>•l iq fly''fists t IiCt}%' astt' 29 Effective: larch 16,2022 Page 274 of 1066 SCHEDULE E OF FEES AND CHARGES FOR SERVICE ZoningPlanning & P Z Activity Fees Major Abandonment(easement or right-of-way) 1,500.00 Development Annexation 1,500.00 Administrative Appeal 750.00 Comprehensive plan Amendment(Map) Up to 50 acres(small scale) 3,000.00 All others 5,000.00 Community Design Plan Appeal 750.00 Conditional Use 2,000.00 1 Development of Regional Impact(DRI)Review Notice of Proposed Change(NOPC) 3,000.00 New URI or substantial deviation 5,000.00 Review of Annual Report 500.00 Height Exception 750.00 Master Plan (New)& Major Master Plan Modification Less than 10 acres 2,500.00 10 acres or more 3,400.00 New Major Site Plan, Major Site Man Modifications, Tech. site Plan (total projects sq.ft.) up to 49,999 sq. ft 2,000.00 50,000- 149,999 sq, ft 3,000.00 150,000¢499,999 sq, ft 3,500.00 500,000+ sq. ft 4,000.00 PID District Code Waivers 500.00 Modification to Development Order 1,000.00 Rezoning Up to 10 acres 2,000.00 10 acres or more 3,000.00 Variance 1,500.00 ;:-.....5,l. . - �,u1.11,1),�,, i $1,500 deposit for an NOPC application,and$5,000 for a new DRI or Substantial Deviation are required at time of filing pe6od,cost of advertising,and staff time will be billed to applicant based on hourly salaries plus 35%for fringe benefits.Costs for current legal adtpubllc notice will also be paid at time of filing. Fees are not refundable after staff review has begun unless noted otherwise herein.Reviews will be discontinued if a check is returned;to reapply an applicant must pay the application fee plus the fee for returned checks as established by the City.Applicants applying for activites requiring noticing in the local newspaper(PB Dost)shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sura of the applicable application fees. Fees cover two reviews,Additional reviews will be billed to the applicant,based on the hourly rate of salary of 30 Effective:larch 1 ,2022 Page 275 of 1066 SCHEDULE OF FEES Alla CHARGES FOR SERVICES P&Z Activi Fees Minor Administrative Adjustment 500.00 Development Landscape Modifications 300.00 Lot Line Modification 500.00 Sign Program 500.00 Sign Program Amendment 150,00 Minor Master Plan Modification 1,000.00 Minor Site Plan Modification Arch./ Elevation changes only(i.e. only requiring review by P&a Divison) 500,00 Multiple modifications and/or requires multi-department review 1,000.00 Repainting 75.00 New Minor Site Plan 1,500.00 Minor Landscape Modifications 500.00 V!_ f. ,', r ...1 — �; "s`; k t ,i, ys t .;"-s t ,f _ i. :b ,1 „y�f) =::r 'i ,n _ ( r sY , r , t S k - 1 ,_ _,_ _S. ,- `— _�„ r_._�_ t _.�tls_ 3 , _.yt _, , „__~,},_vk .err,_,.�fi,��k4 r�ilf�i__�tJ �_ _. .:,._J1A4.R_21_ s x�.__S5_ ;� '�.-.,_ �,�, -.--..;. „G-,.... ,.,:,�-�,E^.b�n„it� � -.!&t,-�oJ�' z�Fo-„r�=:z-:. Fees are not refundable after staff review has begun unless noted otherwise herein.Peviews will discontinued if a. check is returned„to re-apply an applicant must pay the application fee plus the fee for returned checks as established by the City.Applicants applying for activites rewiring noticing in the local newspaper(PB Post)shall also remit the current advertising tee to cover said costs. `total project fees are calculated by the sung of the applicable application fees Fees cover two reviews..Additional reviews will be billed to the applicant based on the hourly rate of salary of$75, 31 Effective March 16,2022 Page 276 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Planning & Zoning P&Z Activi Fees Cather Applications, Alcohol License Sign-off Requests,& Fees New 100.00 Renewal/Special Event 50.00 BTR Zoning Review 50.00 Certificate of Conformity 400.00 Conceptual Development Meeting 100.00 Historic Preservation Historic Designation-Individual 100.00 Historic Designation-District(per property up to a max of$500) 10.00 Certificate of Appropriateness(COA)-staff only 30.00 Certificate of Appropriateness(COA)-board review-Minor 50.00 Certificate of Appropriateness(COA)-blew Const,!Major Mod,/In 150.00 or out of district Certificate of Appropriateness(COA)-Relocation into or out of district 150.00 Certificate of Appropriateness(COA)-Primary Structure 500.00 Certificate of Appropriateness(COA)-Accessory Structure 250.00 Property"fax Exemption 250.00 Evaluation for Historic Significance 1 Eligibility for Designation 50,00 Appeal of staff or Board decision 100.00 Legal review of documents (e.g.condo docuemtns,cross-access 500.00 agreements parking agreements) Mobile Vending Unit Application review 250.00 Permit Fee 50.00 P&Z Permit Reviews(based on review time) up to.5 hr 50.00 .5 - 1 hr 100.00 1 .2 hr 150.00 Postponement Without re-advertisement and re-notifications to property owners 25.00 With re-adverfisment(in addition to legal ad/notification costs) 250.00 ,.x, t F_ .�„3t�. r,Conceptual Development Meetings are applicant requested meetings Wth plannign staff to discuss any inquiry or potential development.This excludes phone and email inquiries No fee will be charged for the first meeting. Fees are not refundable atter staff review has begun unless noted otherwise herein.Reviews will be discontinued if a check is returned;to re-apply an applicant must pay the application fee plus the fee for returned checks as established by the City.Applicants applying for activates requiring noticing in the local newspaper(PB Frost)shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sum of the applicable application fees, Fees Dover two reviews.Additional reviews yell be billed to thea Lialica nt based on the hour) rate of saleof 75. 32 Effective:March 16,2022 Page 277 of 1066 C I SCHEDULE OF FEES AND CHARGES FOR SERVICES • 3 Pre-Application Meeting P&Z-Activ&- $ Fees 150.00 Resubmittal of Applications (after 2 notices of incompleteness) 50%of Original Fee Sidewalk Caf6 application review 150.00 Site Plan Time Extension (including extensions pursuant to state 750,00 statutes Special Project Verifications for Grants, Development incentives, 45.00 Housing Credits&Similar Applications Telecommunications Co-locations 200.00 Tower Siting/Tower Replacements 750,00 New Lease/Lease Revisions 1,500.00 Unity of Title New Unity of Title 2%00 Release of Unity of Title(plus legal review fee) 250.00 Waivers,Administrative 200.00 Zoning Permit 50,00 Zoning Permit Inspection if required (per inspection) 35,00 Zoning Verification Letter One question per vacant property or per developed project 50.00 One to four questions per vacant property or per developed project 100.00 Each additional questions above the first four 25,00 Code interpretations or determinations 200.00 _.11M "I nr"! ANN- �g� A" MW ""�'ka i Zoning permits are issued for impovementslelements not requiring a building permit such as fences for single family homes, banner signs,sign copy changes eligible sheds and tike hats,and pavers,patios and sidewalks(exclude sdowalks w'thin right-cf-way) 2 The higher fee Is associated with research required for preparing the letter,beyond zoning and use informaiton Pre-application meetings are meetings required prior to application submittal.A preliminary site plan&landscape plan are required at scheduling,One pre-application meeting fee can be credited to the total application submittal fee Fees are not refundable after staff review has begun unless noted otherwise herein.Reviews will be discontinued if a check is returned,to re-apply an applicant must pay the application fee plus the fee for returned checks as established by I the City.Applicants applying for aclivites requiring noticing in the local newspaper(PB Post)shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews.Additional reviews Wit be billed to the applicant based on the hourly rate of salary of$75. 33 Effecfive;March 16,2022 Page 278 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Building Division Fees Primary Permit Fees Plan Review Fee Plan review fee will be credited against the actual cost of the building permit at the time of permit issuance, if a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee(non-refundable) 1, Minimum fee, or $75 2. Plan Review Fee Rate-Construction Value 1.0% 0-1,500,000, plus 0.50% 1,500,001 -5,000,000, plus 0.25% over 5,000,001 Construction Permit Fee: (All types) 1. Minimum fee, or per(4) CPFR 75.00 2. Low voltage 40.00 I Streamlined Residential Program: (i)Program applicarion fee(initial submittal and annual renewal) 250.00 (h)Water heaters and A/C units change-out 55.00 4. Construction Permit Fee Rate (CPFR) Construction Value(") Z 30% 0- 1,500,000, plus 1.75% 1,500,001 -5,000,000, plus 1.00% over 5,000,001 Resubmittal Fee: (Paid at time of resubmittal) 1. First resubmittal No charge 2. Second re-submittal(Rejection for same comments) (i)Minimum fee„or 75.00 (ii)10%of original permit fee,whichever is greater 10% 3. Third re-submittal and subsequent re-submittal(Rejection for same comments) (I)Four times the original permit fee 4x Revision Fee: 1. Minimum fee; or 75.00 2. $10.00 per page; or 10.00 3. 2.3%of the revision value, whichever is greater 2.3% Stocking Permit Fee 200.00 Certificate of Use Fee 1. Minimum fee; plus 75,00 2. $30 any additional required inspection 30,00 7047i'r WOE 7`5 Fs� 1111�11"J'r 5, 7�7,71'4141N', 17 7P17 �XT 11,111 ",'1 i'M A. Building permit valuations:For permitting purpose,valuation of buildings and systems shall be total replacement value to include structural,value to include structural,electric,plumbing,mechanical,interior finish,relative site work,architectural and design fees,overhead and profit excluding only land value.Valuation references may include the latest published data of national construction cost analysis services,such as,Marshall-Swift,Means,etc as published by International _Eade Con rens,final building permit valuation shall beset by the luildin afflcil. 34 Effective:March 16,2022 Page 279 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICE Biuiidin QiIvision Fees F�rimary Permit Fees Department of Business and Professional Regulation Surcharge 1. Minimum fee; or 2..00 2. 1,0%of the permit fee costs; whichever is greater 1.0% Building Code Administrators and Inspectors Fuad Surcharge 1. Minimum fee; or 2.00 2. 1.5%of the permit fee costs; whichever is greater 1.54/ Green Building Fee: 1. 0.054 of the construction value 0.054 Solar Voltaic 'Systems(1 and 2 Family Residential) 1. Minimum Fee 150.00 2. 2.34 On Construction Value Max 400 Failure to Obtain Permit Fee(penalty Fee)- 1. ee):1. Four(4)times permit fee; subject to review by Building official 4x 2. Penalty fee waiver 35.00 Private Provider Permit Fee(Discounted) 1. Plan Review/Inspections (Discount for full service only) (i) 1.38% On Construction Value 2. Inspections (Discount not provided for single discipline inspections) (i) 1.658% On Construction Value Technology Fee Hardware/Software Maintenance(online Application, Digital Plan Review, Mobile Inspections 1. Per permit 2...00 ryr>.._.4'>;1 F P i,k,. S b^.;;c\ 1 k, 7." 41+,' .. S. i',?��ft„ y.. ., S t .,11 }.< .e ,r..-.) .n,l ,5._...BIi a' ,l a� I } ,i.J !-;, ,.t t ,! ,s� r U,1n,4.\ t!\ r...I l,'1 41t,t 112 ; ! .b..,. f. , ,,.1 ) s.a-s.\ $ "q, t E El4S;r4j, ....fit, Q1>, l� s1 _•_ }, III@@@}`f 4}a'.,V,r YS+l r, 1�, u/„ ,.wu:Sunl„ut ,sf_:ti„,u1L>,LI1ut.ult.rS+} .-�tN,,< �a.. :.>..w�S�,�w ..... f r .s�;uV..?r»nv '.,.,r� u�.l�f _b,�.uit1V1I," ;a tt.4 l�h„i��:;4lGlA4du7,�Sr'r. 'l.o-}=kts.R'r.,,,_}' 36 Effective march 16,2022 Page 280 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES Building Division Fees Other Departmental & Planning &Zoning Division Plan Review Fee(in addition to primary permit fees) Agency Fees 1. See Part 111, Land Development Regulations, Chapter 2,Article 11, Sections 1. (F) Fire Department Fees. (In addition to primary permit fees) 1. Fire Inspection feast- (i) Code of Ordinances, Part 11, Chapter 9.Article 11. Section 9 2. Intermin Fire Assessment(Paid at time of Certificate of Occupancy or Completion) (i) See Code of Ordinances, Part 11, Chapter 23.Article 111, Division 11, Section 23-45 Palm Beach County Impact Fees, (In addition to primary permit fees) 1. Per Palm Beach County website City Parks and Recreation Facilities Impact Fee: (in addition to primary permit fees) I. See Part III Land Development Regulations, Chapter 11, Article VI, Section 2. Water and Sewer Capital Facilities Charges. (In addition to primary permit fees) 1. See Code of Ordinances, Part 11, Chapter 26, Article 11, Division 2, Section 26-34 Art in Public Places Fee:(In addition to primary permit fees) 1. See Code of Ordinances, Part it, Chapter 2.Article XII, Section 2-163 "'M '31 2" 'P k 'p A"Al 36 Effective:March 16,2022 Page 281 of 1066 SCHEDULE OF FEES AND CHARGES, FOR SERVICES 4111c, I Building Division Fees Idministrative Fees Alternate Method and Matieral Processing 150.00 Building Board of Adjustments and Appeals 250.00 Certificate of occupancy 1. 24 Flours notice no charge 2. Less than 24-hour notice 200.00 Change of Contractor and/or Subcontractor Fee 35.00 Early Construction Authorization Fee 500.00 Early Power Relea=se 1. Single family, duplexes,townhouse(per meter) 150.00 2. Multi-family buildings-Main building house meter(only) 150.00 (i)Each apartment meter 25.00 . Commerical(per meter) 150.00 (i)Additional per each 10,000 square feet 150.00 FPL Meter Placement Fee 50.00 Local Product Approval Fee 1,500.00 Master Plan Fee(Floating) (per set) 1 Single family 500.00 2, Multi-family 1,500.00 Permit Applicarion Extension Fee(Maximum of three) 1. First extension 50.00 2. Second extension 75.00 3 Third extension 100.00 ,Y7v,S7 ,v}it. t„4rt;. ty� . A C l r 37 Ff ectim March 16,2022 ! i Page 282 of 1066 c � SCHEDULE OF FEES AND CHARGES FOR SERVICES Building Division Fess Administrative Fees Permit Extension Fee(prior to expiration) 1. First Extension 50.00 2_ Second Extension 75.00 3. Third Extension 100.00 4. Permit Extension for period beyond 90 days 250.00 Permit Application or Permit Reinstatement Fee (subject to approval by Building official) 1.Within 180 days of inactive status 75,00 . after 150 days of inactive status (i) Minimum fee or 75.00 (ii)30° of permit fee as calculated at time of reinstatement,whichever is greatei 30%v Professional Services 50.00 (i,e permit research, due diligence reports,community acknowledernent,forms,etc) Replacement Document Fee 1, Permit card 30.00 2. Permitted plans 30.00 plus printing costs Temporary Certificate of occupancy or Completion (TCO/TCC) 450,00 TCC or TCO(subject to approval by building offical)(30 day extension) 1. First Extension 100.00 2. Second Extension 20+0.00 .Third Extension (final extension) 500,00 4.Additional extension requests 1,000.00 Electronic Plans 'Service Fee 1. Burn digital documents to a CB 10.00 2. Download digital images onto a USB Flash Drive 10.00 3. Scan documents up to 11; x 17" (one sided) 4.00 (i)two sided 5.00 4. Scan large scale plans and documents (one sided) 5,00 . Paper submittal to digital submittal coordination fee 25.00 .4Rf. } .-,.._.. , ,>-.,trre'ti , to r.,.ry d4 �. ..-.+-,3 '•U m,."r ; ,n1 xn.l rr� S' Y , a^,} r x t:.. r f , ri U 7 L i'r'r91 )1. Ek .,Yr. ..•:rl - S,. ,1*,;;', k r.� 1 ,v. { ,i ) ,. .t�.- s 4,NiT'.=r c%_. N ts.,:fiq'r�'!fl ,, .-, 'SS rl i 1 7V _,1 l "1 f_, rt�_I;1�'tr ld il�P,}r ,9j 4 �t+.�, ti y i Si„ — i-f� �. �, r?�}u,ti,,}'_,:, ���!��t:.. ,`� is t +�}airlf a rru,is ,a;tt+ �,, i \,rr, tr,t,t4,r , }13 y_,A f ", (d,,, <.,�sC, ,.�i ,�r'--'+� �° . 38 Effective-,March 16 2022 Page 283 of 1066 i ` s e I CHEDULE OF FEES AND CHARGES FOR SERVICE Buildina Divisionfees, inspection and Pian Review Fees lie-inspection Fees 1, First re-inspection 100.00 2. Second re-inspection , Third and subsequent re-inspection without"correction"done 20 .0 Advisory, Special Inspection,, or Inspections During Off-Duty lours 75.00 ($75 per hour, minimum of 2 hours, based on availability) After fours Plan Review Service 75.00 1 Per hour minimum of 2 Fours per trade and based on availability policy A11,110, {vy\s,Arry f twr{yr±ty �{;f}s ii t1 �r ff'aU 17 t}+t tt�f.. i}st}rfa'�e �l}{n�i r„�it°b,trhk}s1,;'n"56,4 +�ld..,,fk.,tq!]r)Y, iL,_<AII(�-,,, ��s zr All fees are non-refundable Fee estimates upon request 35, Etfecbv March 16,2022 Page 284 of 1066 l SCHEDULE OF FEESAND CHARGES FOR SERVICES Certificate of Use and Occupancy Fees - Development Application Fee Single-Family,Townhom , Condominium Rental Property Flat Rate 25 All ether uses-including Home Based Businesses Flat Rate 50 Development Annual Renewal Fee incile-Family, Townhome, Condominium Flate Rate 12.50 Apartments, Hotels, Commerical, Industrial„ Retail 25.00 properties Inspection Fees (Fire Fire Department Variable-see below Building/Code Building or Code Compliance- Initial Inspection - No Charge New Applications New Applications Failed Inspection-re-inspection charges First re-inspection Flat Rate 50 Second re-inspection Flat Rate 100 Third and each subsequent re-inspection Flat Rate 200 Atter hours inspections Per hour;rain two hours 75 Biennial re-inspection charges: Building/Code Single-family, townhome, condominium Flat Rate 50 Building/Code Individual unit-apartment„ hotel, motel Flat Rate 15 Building/Code Commercial/industrial up to 5,000 sq ft Flat Rate 50 Building/Code Commercial/Industrial up to 5,001 25,000 sq ft Flat Rate 65 Building/Code Commercial/Industrial over 25,001 sq It Flat Rate 75 Building/Code Non-profit]Churches up to 10,000 sq ft Flat Rate 50 Building/Code Non-profit/Churches over 10„000 sq ft Flat Rate 65 Development Local,Agent change of information Flat Rate 10 Development Fine for failure to obtain Certificate of Use and Occupancy Maximium; Up to 500 }Fj`T�Tm�tf.tiS`itit it s))"n, 4ifi7 t,ry liitft�r{ t ti t{y:,F i�}c t �v�i.;4 ys,f} { 11''ttittyf` ”t52 ,}i t Ft,tn rt \ yi4,'iiiit"ill `4,`14{$4 y�l ry 7 4 t Ali ik ii 4F vi {4 y � ' ��,i,.�'t1z, ,5..—.'..wra rnrr.taan�Lu aa.iw mei ia.ya��t.,`.�-1�rt..urw,CtitS,.a., 40 Effecbw March 16 2022 Page 285 of 1066 y SCHEDULE OF FEES AND CHARGES FOR SERVICE Certificate of Use and Occupancy Fees Fire Non-residential, (includes all retail, mercantile, business office, First 1,000 sq, feet$50 industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants,cafes, and public eating places. Additional 1,000 sq ft. $5 Tents„ canopies and temporary structures Flat Rate$35 Churches up to 10,000 sq ft Flat Rate 45 Churches over 10,000 sq ft Churches-each additional 1,000 sq ft over 10,000 Multi-family building(includes hotels, apartments, cooperatives, Three(3)to twenty-four( 4) units Flat Rate 50 Twenty-five to 35 units Flat Rate 7 Thirty-nine units to 100 units Flat Rate 100 Each unit over 100 Per Unit 10 Restaurants, cafes and public eating places a. Seating capacity up to 15: 35.00 b. Seating capacity from 15 to 50: 50.00 c. Seating capacity from 51 to 100. 100.00 d. Seating capacity over 100:. 200,00 Educational: a. Nursery day care: 35.00 . ,All others: 75.00 All others not classified above: 50.00 Businesses or professional Individuals sharing one office suite or bay shall be charged only one fire inspection fee. The fees established in division (c), ( ), and(e) shall accrue annually. In the event the annual fire and safety inspection fee is not paid, the city may enforce the non-compliance with this section by sending a notice of violation to the industrial property owner, commercial property owner, business owner, or owner of the multi-family residential dwelling, and then proceeding to the Code Compliance Board due to the responsible parties failure to pay the annual fire and safety inspection fee. itmtr , z-w[>' r, tnl,,:s-• „ ' ,„ x»:, c+r ,"t, FS'!"'^ zsc,<-._ "i, ,, I ,Y,', .., l ,e ..,moi"u4(: ...� �`y,.'l�'t>q ,s. ,_f ?,. ,. ,,, n, !.- ,, } t v.Its,.. �{ §( d Cid s3 � �>� ,1F�3i 41 Effective:March 16,2022 Page 286 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICES sic Description Fee 0742 Veterinarian* $ 216.48 0752 Animal Specialty Service 97.24 0781Landscape Architect* 216.48 0762 Lawn&Garden Service 162.07 0788 Tree Trimming 162.07 1520 Contractor-Residential 269.72 1530 Contractor-Building 269.72 1540 Contractor-General 269.72 1611 Contractor-Paving 269.72 1620 Contractor-Heavy Construction 269.72 1623 Contractor-TV Antenna&Tower 269.72 1624 Contractor- Underground Utilities(ref-1623) 269.72 1625 Contractor-Concrete 269.72 1626 Contractor-Marine 269,72 1629 Contractor-Tennis Court 269.72 1700 Miscellaneous Specialty 97,24 1701 Asphalt Sealing&Coating 97.24 1702 Landscaping 97.24 1703 Lathing 97,24 1704 Residential Gutter&Downspout Installation 97,24 1705 Striping 97.24 1706 Vinyl Clad Metal Shelving 9724 1707 Mirror/Shower Boor Installation 9714 1710 Contractor-Irrigation Sprinkler 269.72 1711 Contractor-Plumbing 269.72 1712 Contractor-Air Conditioning 269.72 1713 Contractor-Merchanical 269.72 1714 Contractor-Fire Sprinkler 269.72 1715 Contractor-Refrigeration 269.72 1716 Contractor-Doom Air Conditioning 269.72 1717 Contractor- Septic Tank 269,72 171$ Contractor-Solar Water Heating 269.72 1721 Contractor-Painting 269.72 1731 Contractor-Electrical 26932 1732 Contractor-Communication&Sound 269.72 1733 Contractor-Burglar&l=ire Alarm 269.72 1734 Contractor-Sign-Electrical 269.72 1741 Contractor-Masonry 269.72 1742 Contractor-Plastering 26972 1743 Contractor-Tile, Terrazzo,&Marble 269.72 1744 Contractor-Drywall 269.72 1745 Contractor-Insulation 26932 1746 Contractor-Acoustical Tile 269.72 1750 Contractor-Window 269.72 1751 Carpentry&Cabinet Installation 97.24 1752 Contractor-Flooring, NEC 97.24 1753 Contractor-Door 269.72 :; 141 ,..., ,s,! B:G= tl, ! 5„1S. !i._..;.1 i ti } "N" "I ! 17rr14.;, ! t! ,};t + lr., A1)!tt=._f! �'++�1 1...,!{ !1 It „}:. dSltt - yam, 'Willa'r.. ttfi,H4a�..1 `=>�L�.s'-�YfL!„'�' '-, ,y,�,.,�r lk_.t�`,t=,i{lt.i=1 S„L'7'+,t,t P.w ii{r4,tt viii,�s,5ss'' �., �14,.e`,s .. �„4 "�'_- .�"' �, €,. Requires a license from one of the following Department of Professional Regulation,Department of Business Regulation,Department of Agriculture&Consumer Services Department of Highway Safety&Motor Vehicle's,Florida Bar Association,Department of Banking& NEC Not Elsewhere Classified Mors-residential,(includes all retail,mercantile,business office industrial,storage occupancies assembly),healthcare,institutional,. residential board and care,and residential structures that are required to have business tax receipt but not including restaurants,cafes„ and public eating places 42 Effective:March 16 2022 Page 287 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES r - sic Description tions Fee 1754 Contractor garage door 269.72 1761 Contractor-Booting 269.72 1762 Contractor Roof deck 269.72 1763 Contractor-Sheet Metal 269.72 1772 Contractor-gunite 269.72 1781 Contractor-Well Driller 269.72 1791 Contractor-reinforcing, Iron&Steel 26932 1793 Contractor-glass&Glazing 269,72 1794 Excavation/Grading 97.24 1795 Contractor-demolition 269.72 1796 Contractor-Elevator 269.72 1797 Contractor-Sign-Nonelectrical 26932 1799 Contractor Miscellaneous Special"trade 269.72 1800 Contractor-Aluminum Specialty 26932 1801 Contractor-Awnings 29.72 1862 Contractor-Boilers and Pressure Piping 269.72 1803 Contractor-Fence Erection 269.72 1804 Contractor liquefied petroleum gas 269.72 1805 Contractor-Ornamental Iron 269.72 1806 Contractor-pollutant Storage Systems 269.72 1807 Contractor-Pool/Spa 269.12 1808 Contractor-pool/Spa'Service 269.72 1809 Miscellaneous Contractor 269.72 2024 Manufacturer-Frozen desserts Number of workers fee scheduler Not exceeding 2 persons 119.24 Not exceeding 4 persons 20027 Not exceeding 6 persons 29.72 More than 6, not exceeding 10 persons 324.14 More than 10, not exceeding 20 persons 405.17 More than 20 persons 607.75 2099 Manufacturer-Food Preparation See 2024 2299 Manufacturer-Textile goods See 2024 2389 Manufacturer-Apparel and Accessories See 2024 2392 Manufacturer-Slipcovers 97.24 2396 Manufacturer-Fabricated Trimmings See 2024 2399 Manufacturer-Fabricated Textile Products See 2024 2431 Manufacturer-Millwork See 2024 2434 Manufacturer-Cabinetry See 2024 2439 Manufacturer-Structural Members See 20724 2511Manufacturer-Wood Furniture See 2024 2512 Manufacturer-Wood Furniture, Upholstered See 2024 2515 Manufacturer-Mattresses See 2024 2591 Manufacturer-Window Coverings See 2424 ,Sa u`"'C'u,+ :;f i;">F 4u m>*••n>7 j 1r r —Si s"l 43 Eff6 ive:March t6,2022 Page 288 of 1066 c ! t i I SCHEDULE OF FEES AND CHARGES FOR SERVICES 11 . . sic Description Fee 2671 Manufacturer-Plastic Packaging See 2024 2711 Manufacturer-Newspaper Publishinq/Printinq See 2024 2759 Manufacturer-Commercial Printinq, See 2024 2834 Manufacturer-Pharmaceutical Preperations See 2024 2842 Manufacturer-Cleaning Preperations See 2024 2844 Manufacturer-Cosmetic Preparations See 2024 2899 Manufacturer-Chemical Preparations See 2024 3083 Manufacturer-Plastic Sheets/Roils See 2024 3089 Manufacturer-Plastic Products, NEC See 2024 3231 Manufacturer-Mass Products See 2024 3271 Manufacturer-Concrete Block/Brick See 2024 3272 Manufacturer-Concrete Products See 2024 3281 Manufacturer-Stone Products See 2024 3354 Manufacturer-Aluminum Extruded Products See 2024 3443 Manufacturer-Metal Products See 2024 3446 Manufacturer-Ornamental Metal Products See 2024 3479 Manufacturer-Coating Application See 2024 3499 Manufacturer-Fabricated Metal Accessories See 2024 3542 Manufacturer-Machinerv/Equipment See 2024 3559 Manufacturer-Special Industry Machinery See 2024 3569 Manufacturer-General Industrial Machinery See 2024 3571 Manufacturer-Computers See 2024 3599 Manufacturer-Machine Shop See 2024 3569 Manufacturer-Electrical Industrial Products See 2024 3571 Manufacturer-Communications Equipment See 2024 3679 Manufacturer-Electronic Components See 2024 3728 Manufacturer 4 Aircraft farts See 2024 3861 Manufacturer-Photographic Equipment Processing See 2024 3911 Manufacturer-Jewelry ;See 2024 3942 Manufacturer-Dolls See 2024 3949 Manufacturer Sporting Goods See 2024 3993 Manufacturer-Advertising Specialties See 2024 3999 Manufacturer Miscellaneous, ITEC See 2024 4013 Railroad Company 216.48 4118 Ambulance Service 107.66 plus 37.04 per vechicle 4119 Transportation Service,NEC 107.66 plus 37.04 per vechicle 4121 Tax!/Limousine Service 107.66 plus 37.04 per vechicle 4131 Bus Service 107.66 plus 37.04 per vechicle 4173 Bus Serviceldepot 107.66 4210 Trucking Service 81.04 per vechicle 4222 Cold Storage per square foot Warehouse, per square footage fee schedule'. 5 000 square feet or fraction thereof 243.11 Each additional 5,000 square feet 23.63 4225 Warehouse-Storage, per square foot See 4222 4493 Marina 97.24 4498 Marine Detailing 97.24 � ,#r�.3k k� t s s, € s t 7\if �,�>F �ir+,;rt s s � st}>�J f # o-# ns,.P s) i�+i NEC-Not Elsewhere Classified Non-residential,(includes all retail,mercantile,business office„industrial,storage occupancies,assembly),healthcare, institutional,residential hoard and care,and residential structures that are required to have business tax receipt but not including restaurants,cafes and public eating places 44 Effective:March 16,2022 Page 289 of 1066 i SCHEDULE OF FEES AND CHARGES FOR SERVICES sic Description Fee 4522 Air Transportation, Nonscheduled 97.24 4724 Travel Bureau* 162.07 4725 Tour operator 97.24 4731 Freight Forwarding Service 162.07 4780 Paging&Crating 162.07' 4783 Express Company 324.14 4813 Telephone Communications 324.14 4822 Telegraph&other Communications 97..24 4641 Television Services 162.07 4899 Communication Services„ NEC 97.24 4924 Natural Gas Distribution 324.14 4928 Liquefied Petroleum Gas Distribution 324.14 5099 Merchant-Wholesale per inventory Wholesale„ per inventory fee schedule: Not exceeding$5,000 269.72 More than$5,000, not exceeding$25,,000 377.39 More than$25,000,not exceeding$100,000 539.46 More than$100,000,not exceeding$500,000 810:34 More then$500,000 971.25 5197 Advertising Specialties Sales 97.24 6211 Lumber Company, per inventory See 5399 5261 Nursery:Trees/Plants, per inventory See 5399 5399 Merchant-Retail per inventory Retail, per inventory fee schedule: Not exceeding$5,000 107.66 More than$5,000,for each additional $1,000 or fraction thereof 5,68 5411 Grocery„ per inventory See 5399 5421 Market-Meat/Fish/Poultry, per inventory See 5,399 1 Bakery 162.07 5511 Automobile Dealer* 216.48 5531 Auto Parts, per inventory See 5399 5541 Gas Station 162,07 5699 Dressmaking Shop 64.83 5719 Blinds,Shades, Drapery 162.07 5810 Ice Cream Parlor 64..83 5811 Caterer 162,07 5812 Restaurant 3.76 per seat, 107,66 minimum 5813 Drinking Places 539,A6 5912 Pharmacy, per inventory See 5399 i- ,,,��: .�,tx ,�..� n rs�a�.. rY. "x fi_ -�-, ,t ,... SF L... ,x t ,� t SS �.t e '§? ,.:1 ,..1_...? tt t&�-��`..�7P ,r 2 tff - \; . tt ... . � t{ ., a Sf_, l , U, �� PRO {,..�� r E li. �.. ,,++�� .:,5 j�Z } } r.....' ' , i'S; t. t 1 ,.,. .f ,.J,\ >ff,.. ;1 s l .\_f.�_. r ...t,., .,\f, _f lit..f ",., I �,, } l _{ ;�. „y,... { .ac_F �t rl ,t ix�3�t_ i'S. ys -# �t, u,ri s�i, S_. ��i�S r lf4t,tH��: ftff YI, �g$l� ,.}k12,�,�{„—', rs } 1,�5) }�t, �a,n, ,' 31awa.�t,,,ty ,. � � - ""�,}'"it`�d�'.t.rsth „�.�”FIt ���SL:��vw,,,p- 3Ulv �t�if4t }0�iiikrr�i}tuy�. ..Requires a license from one of the following.Department of Professional regulation„Department of Business Regulation,Department of Agriculture&Consumer Services,Department of Highway Safety&Motor Vehicles,Florida Bar Association Department of Banking& Finance. NEC Not Elsewhere Classified Non-resrdentia3 (includes all retail mercantile,business office,industrial,storage occupancies,assemNy) healthcare institutional, residential board and care,and residential structures that are required to have business tax receipt but not including restaurants cafes, and public eating places 45 Effective:March 16,2022 r Page 290 of 1066 �l SCHEDULE OF FEES AND CHANGES FOR SERVICES sic Descnbio Fey 5930 Antique Shop 162.07 Antique stores and auction houses,selling only objects of value such as quality restored antigues,art objects,jewelry, and the like,but not used merchandise generally. 5932 Used Merchandise Stores 162.07 5933 Pawnbroker 723.51 5944 Jewelry Shop, per inventory See 5399 5945 Handicraft Shop, per inventory See 5399 5961 MailOrder/Catalog 97.24 5962 Wending Machine-Coin-operated' (a)Amusement Vending Machines: Each operator 217.07 In addition,for each machine 28.94 (b)Service Wending Machines:. Each operator 72.35' In addition, for each machine 28,94 (c)Merchandise Wending Machines: Each operator 72.36 In addition, for each machine as follows: Requiring deposit under,35 2$.94 Requiring deposit over.35 43.42 (Coin-operated auto Wash and Laundry Machines are addressed separately, under SIC 7543 and SIC 7215, respectively.)The following coin-operated machines are exempt from Business Tax Receipt requirements:. Cigarette vending machines(F.S 210.03) Federal postage stamp machines, Parcel checking lockers,and Toilets(F.S. 205.63)nadulterated Florida-produced citrus juice vending machines(F.S 205.632) Furthermore„no Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular place of business. g.ly" i ) sAn� 0 46 Effective:March 16,2022 j Page 291 of 1066 i SCHEDULE O1= FEES AND CHARGES FOR SERVICES r - - sic Dention Fee 5,963 Vending-Mobile 97.24 5964 Ice Cream Truck(Ref.5963) 107.66 plus 37.04 per vehicle 5955 Lunch Wagon(Ref,5963) 107,66 plus 37.04 per vehicle 5992 Florist,per inventory See 5399 5995 Optician" 216.48 5998 Auction Company(Fief.5999) 1,591.74 6020 Bank-Commercial 405.17 6030 Bank-Savings 405.17 6098 Check Cashing Agency 324.14 6099 Financial Services, NEC 324.14 6141 Investment&Trading 324.14 6152 Mortgage Company` 324.14 6163 Mortgage Broker* 162.07 6211 Broker-Securities 324.14 62+82 Investment Advice 97.24 6410 Insurance Agent 54.41 6411 Insurance Company 97.24 6412 Medical Claims Processing'Service(Ref.6411) 97,24 6513 Apartment Building 4.05 per room, 37.04 minimum 6514 Rental property four(4)units or Fess,including single family residential rentals 4,05 per room, 37.04 minimum m ,_, r ,,., r Owl!" .; ,.. s r��s` r E, r^c;.ti f€c.. S�,„. �,. ? 4! )i.:., t5 xl, l�t,?r a�1`E „ : <i u� 13f nu :tp ,<dv,, k i,• , �sd,r:?r..? , �sY i „G s., ....s- - �t54.y. ¢�q»��•.� 'r��l,�.t�� aV.«�srat „�t4�Sr`}.r Requires a license from one of the hollowing:Department of Professional Regulation Deparlment of Business Regulation,Department of Agriculture&Consurner ServicesDepartment of Highway Safety&Motor Vehicles,Florida tsar Association Department of Banking& Finance. NEC-Not Elsewhere Classified (dors-residential,(inctudes all retail,mercantile business office,industrial,storage occupancies,assembly),healthcare,institutional, residential board and care and residential structures that are required to have business tax receipt but not including restaurants cafes, and public eating places 47 Effective:March 1 ,2022 Page 292 of 1066 �i SCHEDULE OF FEES AND CHARGES FOR SERVICES Business Tax Receipts Procedure Every rental unit used for residential living purposes in the city must have a Certificate of Use and unless otherwise exempt,must be issued a Business Tax receipt. This includes rental property four units or less,. including sings family residential rentals,condominiums,and mobile homes. Business Tax receipts are issued for a period of twelve months,from October 1 st to the following September 34th They must be renewed annually. To avoid renewal late fees,rental Business Tax receipt fees are payable by October 1st. After January 30th„late renewals require a Code Compliance(interior and exterior) inspection of the property. Whenever a rental property is sold or otherwise changes ownership,the new owner must do the following: (1)Apply for a new Certificate of use and rental Business Tax receipt, (2)Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning,Building, (dousing or Fire Code violations,they must be corrected and a re-inspection made by the appropriate department. The owner is given adequate lime to correct any violations All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall be required to be inspected after six(6)months from the date of the hearing,and again at twelve(12)months after the date of the hearing in which the property was found to be in violation. The owner of a property that has been found to be in violation by a code compliance board of the city shall be required to pay an inspection fee of seventy-five dollars($75.00)for each of the inspections required.The required inspection fees shall be included as part of the administrative costs assessed by the city and shall be included in any liens filed by the city. NOTE: Fees may change from time to time by ordinance of the City Commission. The application for Certificate of Use and information forms for rental Business Tax receipts are available on line at the city's website and at the Development Services Division of City Hall, 140 Fast Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes,and actual street addresses are required on the application, Resignation of resident agent: No Certificate of Use and Business Tax receipt shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefor designates in writing to the city the name address,and local telephone number of the owner or resident agent to receive service of notice of violation of this Code.The owner may designate as his or her resident agent any natural person eighteen(1 ) years of age or older who is customarily present at a business location within the city for the purposes of transacting business,or who actually resides within the city. An owner may change his or her designation of a resident by notifying the city in writing of the name, address,and local telephone number of the person designated by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the resident agent of his correct Bruiting address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person who does not expressly comply with the provisions of this section. The owner or the resident agent shall be deemed to be the"violator"as the term is used in F.S.§162.06(2), Service of notice of the resident agent shall be deemed service of notice of the owner,tenant and violator. ,.1h,. ^ a x1111-11111111. z.., y,.� S,i.JiV 4,�vFni/,,,,;iU�tug # , r1,f;i ebb n}al .�$�.:>r� x .,1,1>a{l. L.. - �. .,u�l,'•~nf,�l1�I�L1&' � t'ii, ir'P1� „r. � 5��.'�'e 'Ds�',r 1�1u VSt t. s Rs5'���,,27 s{,.:,ill,. �iAira4t a�„.Y, !,: t�`A,«„t,,, ,.,��ii�e,`�'�.1-�z�fl�tluhr 48 Effective:March 16,2022 Page 293 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES - is Descrip17 Lion Fee 6530 Property Management* 97.24 6531 Real Estate Broker* 97,24 6541 Title Abstract Office 324.14 6552 Subdividers& Developers, NEC 162.07 7011 Hotels&Motels 4 0 per room, 37.04 minimum 7033 Trailer Parks&Campsites 107.65 plus 3,76 per lot or site i 7212 Laundry/Dryclean-Drop Only 107,66 7214 Carpet Cleaning, Mobile(Ref.7217) 9724 7215 Laundry Machines, Coin-Operated 72,36 plus 1,45 per machine 7216 Dry Cleaning Establishments 216.48 7217 Carpet/Upholstery Cleaning, Commercial 216,48 7219 Laundry&Garment Services, NEC 64.83 7221 Photography 162.07 7230 Beauty School 216.48 7231 Beauty Parlor, Etc* One Chair 81.04 Each additional chair or manicurist 22.00 7232 Nail Salon*(Ref. 7231) One manicurist table 81.04 Each additional manicurist 22.00 7241 Barber Shops* One chair 81.04 Each additional chair 22,00 7251 Shoe Repair&Shoe Shine Parlor 64.83 7261 Funeral Director* 216.48 7290 Debt Counseling Service(Ref. 7299) 9724 7291 Income Tax Service 162.07 7292 Valet Parking(Ref. 7299) 97,24 7293 Tanning Salon(Ref. 7299) 9714 7294 Weight Loss Center(Ref. 7299) 97.24 7295 Family-Home Child Care(Ref. 7299) 97.24 7296 Dating Service(Ref. 7299) 9724 7297 Electrolysis*(Ref.7299) 9724 7298 Massage Therapist 107.66 7299 Miscellaneous Personal Services, NEC 9714 7311 Publication Service, NEC 162.07 7319 Advertising 26912 7322 Collection Agency* 162.07 7323 Credit Association 162.07 Vt 011""q .gy-H 'T�gm % 5 r SEE, o Requires a license from one of the following-,Department of Professional Regulation,Department of Business Regulation, Department of Agriculture&Consumer Services,Department of Highway Safety&Motor Vehicles,Florida Bar Association, Department of Bankina&Finance, NEC-Not Elsewhere Classified Non-residentilal,(includes all retail,mercantile,business office,industrial,storage occupancies,assembly),healthcare, institutional,residential board and care,and residential structures that are required to have business tax receipt but not LncludtM restaurants—cafes—andpubficeatina Places 49 Effective:March 16,2022 Page 294 of 1066 SCHEDULE OF FEES AND CHARGES FOR SERVICES fit 1! sic Descri tion Fee 7334 PhotocopyingtDuplicating Service 97.24 7336 Commerical Art/Graphic Design 97.24 7337 Typing Service 97.24 7336 Secretarial Services 162.67 7342 Exterminator 162,077 7345 Miscellaneous Commercial Services, NEC 97.24 7349 Janitorial Service 162-07 7359 Rental Service 162. 17 7361 Employment Agency 97.24 7362 Nursing Registry 97,24 7376 Data Processing Service 97.24 7371 Computer Programming Service 162.07 7376 Computer Services 97.24 7378 Computer Maintenance&Repair 97.24 7379 Computer Related Services 97.24 7386 Private Detective* 97.24 7381 Security Detective' 97.24 7384 Photofinishing laboratories 16Z07 7385 books, Periodcals, New Bureaus(Ref.7389) 97.24 7386 Autry Broker(Ref; 7389) 162.97 7387 Messenger Service(Ref. 7389) 64,83 7388 Appraiser*(Ref. 7389) 216.48 7389 Business Services, NEC 97,24 7399 Handyman(No licenses only renewals) 162-07 7391 Interior Designer*(Ref. 7389) 216,48 7392 Manufacturer's Representative(Ref..7389) 16207 7393 Telemarketing/Soliciting*(Ref.7389) 162.67 7394 Auctioneer*(Ref. 7389) 269.72 7395 Interior Decorator(Ref. 7389) 162.67 7396 Agent or Agency(Ref. 7389) 97,24 7397 Answering Service(Ref, 7389) 97.24 7398 Arts&Crafts m Handmade(Ref, 7389) 97.24 7399 Asbestos Consultant(Ref.7389) 97.24 7400 Boat Broker(Ref, 7389) 97.24 74171 Draftsman(Ref.7389) 97.24 7462 Executive office(Ref, 7389) 97.24 7443 Furniture Installation(Ref. 7389) 97-24 WW""- >3 sn.,, m sm rm eo G t,,; t, ne77 t ; 751, \ la1:s r ,.t , f.. ,t `pnC bll ar ,4'£I --_is.'}\a , '27' ,=tt9 :'k, t✓s ,mss'_ "t` i mti1 jYs"m'r"ll`l'i"3i1Ci" ti}t c v,}1�}}rt�' �i ,� - ru fir, a. +,' , ..� 7, , ,;f}tt � tr,,:\P ' - 'f s, ,a .,�$ i� +alk rrts -t> �.1�„x s6 u.r* , r� �:`` v,Atter-amlw�r Requires a license from one of the follow mg:Department of Professional Regulation,Department of Business Regulation, Department of Agriculture&Consumer Services,Department of Highway Safety&Motor Vehicles,Florida Bar Association, Department of Bankinst&Finance, NEC-Not Elsewhere Classified Non-residential,(includes all retail,mercantile,business office,industrial„storage occupancies,assembly),healthcare, institutional,residential board and care,and residential structures that are required to have business tax receipt but not includin i restaurants cafes 50 Effective:March 16,2022 Page 295 of 1066 } SCHEDULE OF FEES AND CHARGES FOR SERVICES sic Description Fee 7404 Home Demonstrator(Ref.7389) 9724 7405 Import-Export(Ref. 7389) 97,24 7406 Interpretation&Translation(Ref, 7389) 97.24 7407 Mail Depot(Ref. 7389) 9724 7408 Music Recording Studio(Ref. 7389) 97.24 7409 Paralegal(Ref.7389) 97.24 7410 Pool Cleaning-No chemicals(Ref, 7389) 97.24 7411 Pressure Cleaning (Ref.7389) 97.24 7412 Sign Painting& Letteding, 97.24 7413 Water Softening Service(Ref.7389) 97.24 7414 Yacht Broker* (Ref. 7389) 97.24 7415 Merchandise Broker(Ref.7389) 97.24 7416 Financial Consultant(Ref, 7389) 9724 7417 Showroom(Ref, 7389) 97.24 7418 Courier Service(Ref. 7389) 9724 7419 Aquarium Service(Ref. 7389) 97.24 7420 Religious]Charitable Organization(Ref, 7389) 97.24 7421 Pet Sifting (Ref. 7389) 97,24 7422 Housesitting(Ref. 7389) 97,24 7423 Embroidery Service(Ref.7389) 97.24 7424 Diver-Commercial(Ref. 7389) 97,24 7425 Inspection Service-No Appraisal(Ref.7389) 97,24 7426 Consultant(Ref. 7389) 9T24 7427 Mediation Counselor 97.24 7513 Truck Rental&Leasing 269.72 7514 Passenger Car Rental 269-72 7630 Auto Pinstripping(Ref. 7532) 97.24 7532 Auto Body Shop, per number of workers* See 2..424 7536 Auto Glass Installation* 97.24 7538 Auto Mechanical Repair*,per number of workers See 2024 7542 Car Wash 97.24 7543 Car Wash-coin-operated 107.66 plus 22,00 per machine 7544 Auto Detailing 64.83 7549 Automotive Services, NEC* 9724 7550 Wrecker/Towing Service(Ref, 7549) 81.47 per vehicle 7551 Window Tinting(Ref,7549) 97.24 7629 Appliance Repair 97.24 7631 Jewelry Repair 31,26 7641 Reupholstery,per number of workers See 2024 7692 Welding,per number of workers See 2024 " 2 N, Requires a license from one of the foflDwing.Department of Professional Regulation,Department of Business RegulaWn. Department of Agriculture&Consumer Services,Department of Highway Safety&Motor Vehicles,Florida Bar Association, Department of Banking&Finance. NEC-blot Elsewhere Classified Non-residential,(includes all retail,mercantile,business offioe,industrial,storage occupancies,assembly),healthcare, institutional,residential board and care,and residential structures that are required to have business tax receipt but not 51 Effective:March 16,2022 Page 296 of 1066 j i SCHEDULE OF FEES AND CHARGES FOR SERVICES r - sic Description Fee 7697 Locksmith,per number of workers(Ref„7699) See 2024 7699 Repair Shops,per number of workers(Ref.7699) See 2024 7699 Miscellaneous Repair Services,NEC 97.24 7700 Mobile Repair(Ref.7699) 97.24 7791 Bicycle Repair 97.24 7702 Screen Repair 97,24 j 7632 Motion Picture Theatre 0.51 per seat 107.66 minimum 7910 Carnival or Circus(Ref.7999) 539,46 7911 Glance Studio/School 162.07 7922 Miscellaneous Theatrical Services 97,24 7928 Adult Entertainment(Ref.7929) 1,157.63 A floor plan showing square footage of building, indicate portion to be allotted for this use and seating chart if applicable,plus a site pian to show the off- street parking, shall be submitted for review with the Certificate of Use application and filing fee. 7929 Entertainers&Entertainment Groups 97.24 7938 Bowling Alley 54.41 per alley 7967 Martial Arts Instruction(Ref.7999) 97.24 7988 Fishing Guide(Ref.7999) 97,24 7989 Boat Captain Service(Ref.7999) 97.24 7990 Athletic Clubs(Ref. 7991) 162.€77 7991 Fitness Trainer 97.24 7998 Amusement Arcade per machine See 5962 7994 Billiards(Ref. 7993) 54.41 per table 7995 Special Events(Ref, 7996) 162.07 7997 Bankruptcy Sale(Ref.7996) 162.07 7998 Micellaneous Recreation Services,NEC 97.24 7999 Boats-Recreation Small motor crafts,each 2.3.63 1-5 passenger capacity 81.04 6-10 passenger capacity 107.66 10-50 passenger capacity 162,07 Over 50 passenger capacity 269.72 „ , r .a a r._ , ,a, r , t<H:-,( M-i -.. --_, Y..{!, 1 _ P.,`.i ui _1*M�'. tl- im.4 ,Tyr/,,,y.. Y -'•!. .�iY41q-'- i...g / S 1 Y•%n.._ i.q, t N, h..,, .Y *:. g,,.s, 1.: YN Y`N ,..a, s?S 'N Y),!. fi.Qb i17.lTi, ,..k ,,L _..{!" ,.. ;Y., kf 7i... \ f., 1 4•>7...N 1._ nr, la , It F rG # f,.,,-., s .,7.�""£,7� ua a,l „ .,:, 1 �.. r11Sk� .,, e,`t_S a t,9 t �a,� i ., � r Vit.f, ,, .,•. �,, K+�I €�. ,.,, ,, !hs}, m'�, {( 1�s-.,7 lid .a ,Y 1,: ) ( ,lk lrlr_ .(�,. '�1, •, S .,t a 1�,. f ,, Jt„r,( ,1 d t,(( ibia , .,;,• r� ,�(`' t 1,J! 4l �a 11€(',`i - 1 r t �, .�. -a 7,,,4,t �r.t„� _� t ! tIr ,\„ 1�. ,,.,, t t 1 ..r== S(� 1.+r, �{ �4 { ,c , r. 1 _S i31,,,pp > 7 ,2f;f A s ld,.{. ,,€,. i.,1t,.; - If, a '(„\,d ,->?..,�.. „{,�A"r ,,..,,.,4 ri ,� r , t \1� s},, �,.•.v , Y,x.: }!,'f,s. { „ i, ),t. h1,(#.,i Ss"'i r,.r., S, ,t(.-„,164 .�:�2i,f,,,.t.t, ,e;rr,( ;:v T i.,}c !,r..\ , - i..(,•.. -3 yr ! a -::� ,,� ? ,i i( t 1_-3 ,.) it r,.r .?.,,. {.. �_ �. -fl_�t itli� {��i�tt�St����?i��S,�+„4(L�sa,h��„rz � �Nv�aa1713�„�a r6� s2.�—� ���s..�_.�,sSt}�a,�, ���+�?�r ,d �� r a'r�`�t'�r i��P�i”� .xi�i4su�lri ����n,.Sta?��i,�wr,�!G� h.� �It��`1��.r.�krc+taiFifil. Kk.�Yi Requires a license from one of the fo9lowing Department of Professional Regulation,Department of Business Regulation, Department of agriculture&Consumer Services Department of Highway Safety&Motor Vehicl as,Florida Bar Association, Department of Banking&Finance. NEC-Not Elseiviere Classified Non-residential,(includes all retailmercantile,business office,industrial,storage occupancies,assembly) healthcare, institutional,residential board and care,and residential structures that are required to have business tax receipt but not including restaurants cafes and public eatina Dlaoes 52 Effective:March 96,2022 h Page 297 of 1066 1t I I�i SCHEDULE OF FEES AND CHARGES FOR SERVICES NL= ® m sic Description Fee 8011 Physician' 217.07 8412 Psychiatrist 217.137 8013 Ophthalmologist 217.07 3421 Dentist* 217.07 8431 Osteopath's 21T07 8434 Relaxation Therapist(Ref.8040) 217,07 8035 Psychotherapist(Ref, 8049) 217,117 8436 Psychologist(Ref.80140) 217.07 8037 Physical Therapist(Ref.8049) 217.47 8038 Occupational Therapist(Ref,8049) 217.07 8039 Midwife(Ref,8049) 217.07 8040 Mental Health Counselor(Ref.8049) 217,07 8041 Chiropractor' 217,47 8042 Optometrist' 217.07 8443 Podiatrist` 217.47 8044 Hypnotist(Ref.8049) 217.07 8445 Dietitian(Ref. 8049) 217.07 8046 Clinical Social Worker(Ref.8449) 217.07 8447 Audiologist(Ref.8449) 217.07 8448 Acupuncturist(Ref. 8449) 217'.47 8049 Health Prctioners, NEC` 217.47 8451 Skilled Nursing Care Facilities 152.47 8059 Nursing Care Facility NEC 3.76 per room,37,44 minimum 8052 General Medical/Surgical Centers' 217.07 8069 Hospital 162.47 8070 Diagnostic Lab(Ref.8071) 97.24 8072 Cental Laboratory 217.07 8096 Nursing(Ref.8099) 107.86 8097 Surgical Technician(Ref.8499) 107.66 8498 Hearing Aid Specialist(Ref.8099) 216.48 8499 Health&Allied Services,NEC 107.66 8111 Attorney' 216.48 8243 Computer Assembly/Setup 97.24 ,`; Y n}l .`•...tit 1 &.i x_`Y+t , 1 t -: +�i�t r� - ,"}t t r,, J n, }6'-•-••1 \ ?+d P, k.=' 5�.:"l ! lfi 1221 ,t x.�t U.s+ Requires a license from one of the following:Department of Professlonat Regulation,Department of Business Regulation, Department of Agriculture&Consumer Services,Department of Highway Safety&Motor Vehicles,Florida Bar Association, Department of Banking&Finance. NEC-Not Elsewhere classified Mon-residential,(includes all retail mercantile business office,industrial storage occupancies,assembly),healthcare, hstitutional residential hoard and care and residential structures that are r aired to have business tax recei t but not inctud- 53 Effective March 16,2022 Page 298 of 1066 i !I I s �I i SCHEDULE OF FEES AND CHARGES FOR SERVICES sic Description Flee t 8244 Business School 162.07 8249 Art School 162.07 8296 Ceramic Studio(Ref.8299) 162.67 82.97 Auto Driving School(Fief.8299) 162.07 8298 Pianot Instrument instruction 97.24 I 8299 Schools&Education Services, EIEC 162.€17 L 882.2 Individual&FamilySocial Services 227.30 8323 Counselor 97,24 j 832.4 Marriage/Family Therapist"(Fief.8322) 227.38 I 8351 Cay Care-Children 162.87 8361 Adult Congregate Living Facility 3.76 per room,37.94 minimum 8399 Social Work Consultant' 97.24 8422 Aquarium 97.24 8610 Business Associations(lief. 8611) 97.2.4 8611 Real Estate Board 97.24 8711 Engineer" 216.48 8712 Architect* 216.48 8713 Surveyor* 216.48 8721 Certified Public Accountant* 216.48 8722 Bookkeeper(Ref. 8721) 97,24 8733 Research organization 97.24 8742 Business/Management Consultant 97.24 8748 Traffic Manager 97.24 8966 Construction Inspector(Ref. 8999) 97.24 8998 Geologist*(Ref. 8999) 216.48 8999 Services, NEC 97.24 9991 Merchant-temp./regional mail concourse For four or less temporary(less than a week), and portable, regional mail proration activities with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax receipt of $144.79 ., � 'r7-,_. }.. ,,,-.), ib a �k3 ,.> 7+"�`�� r ,, 4 ,r _.a � �,- ,t , r ,`f'r"r a , ,„ -> } ,..'`,� ,.,`,.,,dd ! u,a'7 k, , ' yr „I ... ?.R"M ., , , ,>. - i.,. f1,.,3 ..11 � t ..r ,1,,, r� ...,, ,�..-.i. , ....,'t 1.,r�,l ar,4 lr.:r1 SSA w .,_ t,r >,.4 1,�.�, l I i 1, ... , r- .) r .,.t}, .}.,_ ,..,�„i}�`r a, , ... �,,.,,+! ,...,. -, $a"', ��ed���!���i��i��r�1lus= J,r��a,�v��tla�)zi � - ,w � ,u , v 1 ui�i dui s5S � • Requires a license from one of the following:Department of Professional Regulation,Department of Business Regulation, Department of Agriculture&Consumer Services,Department of Highway Safety&Motor Vehicles,Florida Bar Association, Department of Banking&Finance, NEC-Piot Elsewhere Classified Non-residential,(includes all retail,mercantile,business office,industrial,storage occupancies,assembly),healthcare, institutional residential board and care,and residential structures that are required to have business tax receipt but not including restaurants cafes and gublic eatinS 121aces 54 Effective March 16.2022 Page 299 of 1066 r 'r i i !3 SCHEDULE OF FEES AND CHARGES FOR SERVICE 3 (r sic Descri tiara Fees 9992 Temporary retail/mall carts Activities which would otherwise be subject to retail Business Tax Receipt p{ fees,but which are temporary and portable and located in mall concourse 1, areas„shall be charged a Business Tax receipt fee of$43.42 for each d> r, three-month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates for temporary and portable retail locations within the mall for the twelve-month period ' commencing October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating locations.Adjustment shall be made yearly during the month of August for the preceding twelve-month period 1 l and on written request from the mall operator. The mall operator shall submit sufficient records to support its request for adjustment. if 9993 Itinerant or Transient Merchant {}v Covers persons who travel from city to city and sell and deliver goods, f; merchandise or services to business establishementsi or who sell, Ir. demonstrate or deliver goods,merchandise or services to the general public,and do not have a permanent place of business in the city. Each person,per day $ 19.42 y Each person,per week 54.41 Each person, per month 216.43 ij (I.O,registration requited for each person) i i �s i� l t.,tr,_ fi c ., ,i - s.. , r ,, 1s>t nil-._ fila,.,t{gcvl.3£1ES§ l,Srj,'trtf,,, 3fi 'f ,•��il�f§4{1f�c�: k..� t �,', t �t,<tr y .�3S.uw "� „� "��s� � �"�S� �F�,a,�,aa➢,=Jeut3,1t NEC-Not Elsewhere Classified Non-residential.(includes all retail mercantile,business office,industrial,storage occupancies,assembly),healthcare, institutional,residential board and care,and residential structures that are required to have business tax receipt but not including restaurants,cafes,and public eating places I i 55 Effective:March 16,2022 Page 300 of 1066 6.F. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution No. R22-175-Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Howard Brown for a vacant parcel located at 319 NE 12th Avenue. Explanation of Request: On Tuesday, October 18, 2022, at a regularly scheduled City Commission Meeting, the vacant lot at 319 NE 12th Avenue was deemed surplus and staff was directed to proceed with processing a Purchase and Sale agreement. In accordance with Ordinance No. 21-030 all steps have been completed for the disposition of the City Owned vacant lot at 319 NE 12th Avenue. How will this affect city programs or services? There will be no impact to City programs or services. Fiscal Impact: Budgeted; The sale of the property will reduce the City's maintenance costs. Vacant Land— 319 NE 12th Avenue Total Annual Cost$ 972.00. The proceeds would be deposited into the City's General Fund miscellaneous revenue. Alternatives: 1. Do not authorize a purchase and sale agreement and list the property for sale with a Real Estate Brokerage Firm. 2. Do not authorize a purchase and sale agreement and retain the property. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 301 of 1066 Type Description D Resolution Resolution approving Purchase and Sale Agreement with Howard Brown. D Agreement Purchase and Sale Agreement® 319 NE 12th Ave D Exhibit 319 N E 12th Ave® Exhibit A D Resolution Resolution R22-145 Declaring Surplus property Page 302 of 1066 1 RESOLUTION NO. R22-175 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE 5 AND SALE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 AND HOWARD BROWN FOR A VACANT PARCEL LOCATED AT 319 NE 7 12TH AVENUE;AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the City has received a request from Howard Brown to purchase a vacant 10 lot located at 319 NE 12th Avenue; and 11 WHEREAS, the property, by itself is an unbuildable lot and serves no public purpose; 12 and 13 WHEREAS,the City Commission, at the October 18, 2022 meeting, deemed the parcel 14 as surplus property and directed staff to prepare a Purchase and Sale Agreement; and 15 WHEREAS, the City Commission has determined that it is in the best interests of the 16 residents of the City to approve and authorize the Mayor to sign a Purchase and Sale 17 Agreement between the City of Boynton Beach and Howard Brown for a vacant parcel located 18 at 319 NE 12th Avenue. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission does hereby approve and authorize the Mayor 25 to sign a Purchase and Sale Agreement between the City of Boynton Beach and Howard 26 Brown for a vacant parcel located at 319 NE 12th Avenue, a copy of the Agreement is attached S:ACA\RESOAAgreements\Piuelme and Sale Agreement with Howard Brown-Reso.docx Page 303 of 1066 27 hereto as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 30 PASSED AND ADOPTED this 6th day of December, 2022. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor—Ty Penserga 36 37 Vice Mayor—Angela Cruz 38 39 Commissioner—Woodrow L. Hay 40 41 Commissioner—Thomas Turkin 42 43 Commissioner—Aimee Kelley 44 45 VOTE 46 47 48 49 ATTEST: 50 51 52 Maylee De Jes6s, MPA, MMC Ty Penserga 53 City Clerk Mayor 54 55 APPROVED AS TO FORM: 56 (Corporate Seal) 57 58 59 Michael D. Cirullo, Jr. 60 City Attorney S:ACA\RESOAAgreements\Piuelme and Sale Agreement with Howard Brown-Reso.docx Page 304 of 1066 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 2022, by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER"), and Howard Brown ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the following parcel: 319 NE 12th Avenue, Boynton Beach, FL 33435, more particularly described in Exhibit "A" which is attached hereto (collectively the "Property"); and WHEREAS, the Property has been determined to be surplus property by the City Commission of the SELLER. 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 One Dollar and No Cents ($1.00) 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 PropeLty. The following real property: one vacant lot located on 319 NE 12th Avenue, 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 ninety(90) calendar days from the Effective Date of this Agreement, 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 P.O. Box 310, Boynton Beach, FL 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: Sean M. Swartz, Esq., at 3099 East Commercial Boulevard, Suite 200,Ft.Lauderdale,Florida 33308. 100541206.2 306-9905660 1 1 Page 305 of 1066 1.6 PURCHASER'S Address. Purchaser's mailing address is 317 NE 12'h avenue, 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 ONE THOUSAND AND 00/100 DOLLARS ($1,000.00), which shall be placed in escrow as a deposit upon execution of this Agreement, and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All improvements located on the Property,if any; (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. 3. INSPECTIONS. 3.1 With the exception of Section 5 herein, PURCHASER acknowledges and agrees to waive any inspections or inspection period under the terms of this Agreement. 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 100541206.2 306-9905660} 2 Page 306 of 1066 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 furnished to, or for the benefit of,the Property, lis pendens, tax liens,permit violations,code violations,or ordinance violations. 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 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 party 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 100541206.2 306-9905660} 3 Page 307 of 1066 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, 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 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" m such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable 100541206.2 306-9905660} 4 Page 308 of 1066 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 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) calendar 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 shall have Ten (10) calendar days to 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. SELLER shall not have any obligation to provide a survey. PURCHASER may obtain a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land, 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 Land. 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 100541206.2 306-9905660} 5 Page 309 of 1066 non-contiguous to any other portion of the Property or any other matter materially affecting the 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 ten(10) 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 anew exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to those exceptions as set forth in paragraphs 2.2, 5.1, and 5.3 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Property. (b) Unpaid certified assessments payable after the date of the transfer of title. (c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any utilities and any such relocation costs and expenses shall be borne by the PURCHASER. (d) PURCHASER shall, in the event of any relocation of the utilities, provide to the CITY or appropriate service provider easements for the relocated utilities. 7. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 7.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 7.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER that it 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. 7.3 No action by any federal, state, municipal or other governmental department, commission, 100541206.2 306-9905660} 6 Page 310 of 1066 board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 7.4 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. 7.5 PURCHASER shall indemnify, hold harmless and defend SELLER, its officers, directors, employees and agents against all claims, demands, losses, liabilities, costs and expenses, including attorney's fees, imposed upon or accruing against SELLER as a result of the representations contained in this paragraph. 8. CONDITIONS PRECEDENT TO CLOSING. 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 performed all of its obligations and conditions of this Agreement. (b) Approval of this Agreement by the City of Boynton Beach City Commission. 9. CLOSING DOCUMENTS. 9.1 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. 10. CLOSING COSTS,TAXES AND PROBATIONS. 10.1 Ad Valorem Taxes. SELLER is a tax exempt entity. PURCHASER shall pay all ad valorem taxes for the year of closing.This shall survive the Closing. 10.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at Closing: None. 10.3 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, and any other instrument as required to be recorded in the Public Records; (c) Cost of providing marketable title as provided herein; (d) Cost of obtaining owner's title insurance policy; 100541206.2 306-9905660} 7 Page 311 of 1066 (e) Tax and Lien Search; and (f) Survey 11. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of ninety (90) days following the Effective Date,at a location designated by the SELLER. 12. TERMINATION AND DEFAULT. 12.1 If the PURCHASER shall fail or refuse to consummate the transaction by the Closing Date in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated damages as its sole and exclusive remedy. 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 any other provision of this Agreement. 15. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Howard Brown 317 NE 12'h avenue Boynton Beach,FL 33435 SELLER: City of Boynton Beach P.O.Box 310 Boynton Beach,FL 33425 Attn: Dan Dugger,City Manager With Copy to: Sean M. Swartz,Esq. GOREN, CHEROF,DOODY &EZROL,P.A. 3099 East Commercial Boulevard,4200 Fort Lauderdale,Florida 33308 Tel: (561)276-9400 Fax: (954)771-4923 16. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of 100541206.2 306-9905660} 8 Page 312 of 1066 Florida. Each parry 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. Allprior 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, 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 parry shall be entitled to recover from the non-prevailing parry 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 parry 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-parry 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 parry 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. 25. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, 100541206.2 306-9905660} 9 Page 313 of 1066 administrators, successors and assigns of SELLER and PURCHASER. [This Space is Intentionally Blank] 100541206.2 306-9905660 1 10 Page 314 of 1066 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: Maylee DeJesus, City Clerk Ty Penserga, Mayor Approved as to Form: (SEAL) 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 Ty Penserga, as Mayor of the City of Boynton Beach, Maylee DeJesus, City Clerk of the City of Boynton Beach, for the City of Boynton Beach, who ( ) are personally known to me or( ) have produced Florida driver's licenses as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public 100541206.2 306-9905660 1 11 Page 315 of 1066 Howard Brown STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2022, by Howard Brown, who ( ) is personally known to me or ( ) has produced a Florida driver's license as identification. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public 100541206.2 306-9905660 1 12 Page 316 of 1066 EXHIBIT "A" LEGAL DESCRIPTIONS The East One Half of Lot 18, Block 2, Happy Home Heights, according to the Plat Recorded in Plat Book 11, Page 30, Public Records of Palm Beach County, Florida. The above being the Real Property described in the Tax Deed Recorded in Official Record Book 11669, Page 1211, Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-20-002-0182 Legal descriptions to be confirmed by survey to be provided 100541206.2 306-9905660 1 13 Page 317 of 1066 08-43-45-21 -20-002-0182 ;,.'` )tn�fj ?{ih�ssrsuur r, s ;its tt uhf ��r �r } s , }It-- { 77 t �!tH , s,a Zlltt anti 7rti { }�}�NN l," IN i i Fr SSS= t, i i 1 4 { ' r s ➢ -_'s t�( 'lIn�}i}7 � a v.- r. �1��a�)Sri � '�4��t11�. �( r y�= r a i 1 bl� i) � d t '+a✓Ir r i tt .; c 3 �ttAi 1{';r� s12�hUh, i,.�_� d+ i 1 ro lA1 r;t r t o r }it r ? itt SSS i ` NA t�t September 20, 2022 1:576 0 0.00475 0.0095 0.019 mi Page 3.18 of 1066 0 0.0075 0.015 0.03 km S f 1 RESOLUTION NO. R22-145 { 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA ,DECLARING THE CITY OWNED VACANT PROPERTY(0,0458 ACRES) LOCATED AT 319 NE 12TH 6 AVENUE, PCN #08-434S-21-20-002-0182, AS 7 SURPLUS,AND PROVIDING AN EFFECTIVE DATE. 8 9 10 11 WHEREAS, The City has received a written offer from Howard Brown in the amount of 12 $1.00 for the fallowing vacant property: Parcel Id: 08-43-4 -21-2.0-002-0182, located at 319 13 NE 12th Avenue, Size:0.0458 Acres, PBC Assessed Value: $584; and 14 15 WHEREAS, according to Chapter 2, Article IV, Section 2-56 (c) of the City of Boynton 16 Beach Cade of Ordinances, the City Commission can sell property, which is determined to be 17 in the best interest of the City; and 1 19 WHEREAS, before any improved or unimproved property owned by the City can be I 20 sold, the City Commission must first declare the property to be surplus; and 2.1 I 22 WHEREAS, the City Commission, upon recommendation of staff, declares the City 23 owned vacant property (00458 acres) located at 319 NE 12th Avenue„ PCN #08-43-45-21-20- 24 002-0182, as surplus. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA AS FOLLOWS: 28 29 Section 1: Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference, 1 32 Section 2: The City Commission of the City of Boynton Beach declares the City 33 owned vacant property (0,0458 acres) located at 319 NE 12th Avenue, PCN #'08- -4 -21-20- 34 002-01182, as surplus.. 3 36 Section 3. This resolution shall became effective immediately Capon passage. 37 38 39 4 CWR9`SC Declaring 3N NE 12th Avenue as Surplus properly-Reso docx Page 319 of 1066 40 PASSED AND ADOPTED this 181h day of October, 2022. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor—Ty Penserga 46 47 Vice Mayor—Angela Cruz 48 49 Commissioner-Woodrow L. Hay 50 51 Commissioner-Thomas Turkin 52 53 Commissioner-Aimee Kelley 54 55 VOTE 56 57 58 CATnTES r) 59 60 61 Maylee De e)6s, MPA, C T r 62 City Clerk Mayor 63 IV,& 64 APPROVED AS TOE, RM. J 65 (Corporate Seat) X 66 tJ, 67 68 Michael D. Cirullo, J( 69 City Attorney F 11 S it. 6'1 1:3StJ4C3cclarut 319 NE" 12th Avenue as,Surplus property-Reso.docx Page 320 of 1066 6.G. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Accept FY21/22 fourth quarter report on operations of the Schoolhouse Children's Museum. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum (Boynton Cultural Centre, Inc.), the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. How will this affect city programs or services? None Fiscal Impact: Alternatives: Do not accept report. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Schoolhouse Museum 4th Quarter Report Y21® 22 Page 321 of 1066 Schoolhouse d 4 Children's Museum Quarterly Report FY '21/'22 4th Quarter General Operations The Museum continued to operate at a slightly reduced capacity due to COVID concerns, however, there was an increase in both admissions and membership sales during the 4th quarter of '21/'22 when compared to the previous quarter. Operational format continued to be two play sessions and a half hour closure in between for resetting and spraying of COVID Clear, and a hospital grade sanitizer. Reservations are strongly suggested. Revenue While Museum visitations are not back to pre-pandemic levels, membership showed general improvement over the quarter. Both remain below pre-pandemic levels in terms of unit sales. Income for Q4 was .45 % higher for the quarter than the same period last year. Excluding the City's support, income from operations for FY '21/'22— Q4 was $147,547.26 vs. Q4 of FY '20/'21 at $146,888.85 Expenses Overall Expenses for Q4 of '21/'22 were 4.2 % higher than Q4 20/21. Q4 21/22 expenses were $156,377.97 vs $149,804.66 in Q4 20/21. This is due to an increase in the cost of operational expenses and educational materials. Programming Participation in Museum programming is improving, though we continue to do so with reduced class size. Requests for Field Trips and Outreach is slowly improving. Respectfully submitted, Suj'a. taw Executive Director Page 322 of 1066 6.H. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution R22-176-Approve and authorize the City Manager to sign an amendment to the current agreement with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services. Explanation of Request: The purpose of this Amendment/Change Order is to modify the current agreement Contract No.: 21-PS-124218/FLP191267A. The Original Agreement was approved on J my 7, 2020 by Resolution No. R20-065 and amended by Resolution No. R22-045. This amendment will reduce the original contract price by 500,000.00. The City will receive a $1,303,256.50 technology credit with Motorola and may terminate the original Agreement, as amended, for convenience. How will this affect city programs or services? This system is critical to safety of first responders and the public by tracking and providing critical information when it's needed most. In addition, the reliability and efficiency of public safety dispatch management is dependent on a properly functioning CAD/RMS and Mobile solution. Fiscal Impact: If approved, the fiscal impact is budget neutral. Alternatives: Do not approve the change order. Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Motorola Solutions Page 323 of 1066 Start Date: 7/7/2020 End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Attachments: Type Description D Resolution Resolution approving amendment to Motorola Agreement D Addendum Amendment and Change Order D Change Order Change Order D Change Order Change Order Exhibits D Resolution Resolution R22-045 approving Motorola Change Order March 2022 Page 324 of 1066 1 RESOLUTION NO. R22-176 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN 5 AMENDMENT TO THE CURRENT AGREEMENT WITH MOTOROLA 6 SOLUTIONS COMPANY TO PROVIDE THE CITY OF BOYNTON BEACH 7 WITH A $1,303,256.50 TECHNOLOGY CREDIT FOR PREMIERONE 8 CLOUD HOSTED/ON-PREMISE SOLUTION TO THE COMPUTER AIDED 9 DISPATCH (CAD), RECORDS MANAGEMENT SYSTEM (RMS) AND 10 MOBILE REPORTING SOLUTIONS AS WELL AS ANCILLARY PRODUCTS 11 AND SERVICES;AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS,this Amendment/Change Order is to allow the modification to the current 15 agreement Contract No.: 21-PS-124218/FLP19I267A which was originally approved on July 7, 16 2020 by Resolution No. R20-065 and amended by Resolution No. R22-045; and 17 WHEREAS,this amendment will reduce the original contract price by 500,000.00 while 18 the City will receive a $1,303,256.50 technology credit with Motorola and may terminate the 19 original Agreement, as amended, for convenience; and 20 WHEREAS, this system is critical to safety of first responders and the public by 21 tracking and providing critical information when it's needed most, therefore, the reliability 22 and efficiency of public safety dispatch management is dependent on a properly functioning 23 CAD/RMS and Mobile solution; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 25 recommendation of staff, deems it to be in the best interests of the City residents to approve 26 and authorize the City Manager to sign an amendment to the current agreement with 27 Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 28 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided 29 Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well 30 as ancillary products and services. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Motorola Amendment(2022)-Reso.docx Page 325 of 1066 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 37 approves and authorizes the City Manager to sign an amendment to the current agreement 38 with Motorola Solutions Company to provide the City of Boynton Beach with a $1,303,256.50 39 Technology Credit for PremierOne cloud hosted/on-premise solution to the Computer Aided 40 Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well 41 as ancillary products and services, a copy of the Amendment is attached hereto and 42 incorporated herein by reference as Exhibit "A." 43 Section 3. This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 6th day of December, 2022. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor—Ty Penserga 48 49 Vice Mayor—Angela Cruz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Thomas Turkin 54 55 Commissioner—Aimee Kelley 56 57 VOTE 58 ATTEST: 59 60 61 Maylee De Jes6s, MPA, MMC Ty Penserga 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 Michael D. Cirullo, Jr. 68 City Attorney S:\CA\RESO\Agreements\Motorola Amendment(2022)-Reso.docx Page 326 of 1066 0 MOTOROLA AMENDMENT AND CHANGE ORDER TO PUBLIC SAFETY APPLICATIONS SYSTEM AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND MOTOROLA SOLUTIONS, INC. Date: November 11, 2022 Project Name: PremierOne Cloud Suite CAD, Records, Mobile Customer Name: City of Boynton Beach Customer Project Mgr: Karl Maracotta The purpose of this Amendment and Change Order is to provide the City of Boynton Beach with a $1,303,256.50 Technology Credit usable upon Final System Acceptance per business terms enclosed below. Contract No.: 21-PS-124218/ FLP191267A The terms and conditions of the Agreement between the City of Boynton Beach, Florida (the "City") and Motorola Solutions, Inc. ("Motorola"), Contract Number 21-PS-124218 / FLP191267A ("Original Agreement"), was approved by the Parties on or about July 7, 2020 in Resolution No. R20-065, and amended in Resolution No. R22-045, is further amended as follows which is approved by the authorized signatories: Contract Price Adjustments Original Contract Price: $2,353,970.00 Previous Change Order amounts for Change $0.00 Order numbers 0001 through 0007 This Amendment and Change Order ($500,000.00) Total New Contract Price: $1,853,970.00 100542003.1 306-9001821} 1 of 2 Page 327 of 1066 0 MOTOROLA Changes in Business Terms: 1. The City shall receive a $1,303,256.50 technology credit from Motorola, usable towards the P1 CAD/RMS Software Subscription and other Motorola products or services at the City's sole discretion and shall not expire. 2. Motorola will continue to deploy the P1 CAD/RMS On-Premise system, tentatively scheduled for a December 2022 go-live timeframe. 3. After execution of this Amendment/Change Order and Functional Validation and Go- Live of P1 CAD/RMS, the software subscription cost of$370,794.00 per year for sixty (60) months and the term will commence at a monthly rate of$30,899.50. 4. Motorola and the City agree that the City may terminate the Original Agreement, as amended, for convenience with the City providing Motorola thirty (30) days written notification before it terminates for its convenience. 5. The terms, credits, and provisions of the Agreement and Change Order shall survive the termination of this Agreement. 6. In the event a conflict exists between this Amendment and Change Order, and with any other change order, amendment, or agreement, including the Original Agreement, this Amendment and Change Order shall prevail and all terms shall be interpreted to further the intent of this Amendment and Change Order. This Amendment and Change Order represents the resolution or any and all open matters regarding the CAD/RMS System, and unless specifically amended in this Change Order above, all other terms and conditions of the Original Agreement shall remain in full force. The parties hereby execute this Change Order as of the last date signed below. Motorola Solutions, City of Boynton Beach, FL Inc. Digitally signed Daniel by Daniel Sanchez B ,g��Sa C it eZ Date:2022.7 7.09 Y: 15:02:05-05'00' y: Printed Name: Printed Name: Daniel Sanchez Title: Title: Territory Vice President Date: 11/09/2022 Date: 100542003.1 306-9001821} 2 Of 2 Page 328 of 1066 MOrOROLA SOLUTIONS CHANGE ORDER [007] Change Order No. 007 Date: 12/06/2021 Project Name: PremierOne Cloud Suite CAD, Records, Mobile Customer Name: City of Boynton Beach, FL Customer Project Mgr: Steven Christian Purpose of this Change: The purpose of this Change Order is to modify the current agreement/contract to reflect the Hybridsolution per the following attached documents: • System Description(SD) • Scope of Work(SOW) • Interface Specification Documents (ISDs) In addition to these changes this Change Order exhibit also represents a`zero dollar' scope change for the Hybrid solution, as noted in the above referenced documents, to deliver the described Hybrid PremierOne solution and Cloud migration entitlement. • Hybrid functionality and new Cloud Capabilities will be included in the change order, at no cost to Boynton Beach. Current work effort in Cloud will be used. The Cloud Capabilities suite and products are described in this Change Order. • Complete cloud migration(entitlement to adopt Cloud functionality,which replaces contracted on-premise functionality as it becomes available and meets the needs of users)will also be included in the change order, at no cost to Boynton Beach. The Hybrid solution for Boynton Beach includes Cloud migration entitlement. Boynton Beach will be entitled bparticipate in Cloud product(s) demonstrations and trials to validate product(s) functionality and how Boynton Beach's workflows and desired outcomes may be accomplished through Cloud product(s).New Cloud product(s),which provide features and benefits over and above the Hybrid on-premise contracted system will be reviewed with Boynton Beach and may be offered at an additional cost via Change Order. Motorola will demonstrate Cloud functionality at a mutually agreeable cadence for correlated product(s) (i.e. CAD,RMS, Mobile) and work with Boynton Beach to show Progress reports of how product(s) and service(s) are moving to native Cloud environments and operations. Motorola will assign a Customer Success Advocate (CSA)who will communicate roadmap updates with regular frequency(i.e. quarterly) and help educate Boynton Beach representatives on how these featurescould provide benefit and improve adoption and usage of the Cloud platform. The CSA will also capture customer feedback as part of our ongoing roadmap development to best understand and meet the needs of the industry. The initial release of Motorola's Cloud suite,known as Command Central Suite,was June 30, 2021 and subsequent feature releases planned at least twice annually to provide desirable functionality andperformance. Pae 1 of 4 Change Order Form 04.2011.doc Page 329 of 1066 MOrOROLA SOLUTIONS CHANGE ORDER [007] During the contract term, Boynton Beach and Motorola will work in good faith to mutually develop a migration schedule, training (train-the-trainer), and product(s)which suit the Boynton Beach's needs in the Cloud environment, including any agreed changes to maintenance, training, and other on-premises services set forth in the initial purchase no longer required as a result of the cloud migration. This agreement creates no obligation of Boynton Beach to pay additional amounts for above and beyond the costs agreed hereto, and in the event there are no acceptable, correlated Cloud product(s) available from Motorola,in whole or in part, Boynton Beach may remain in the on-premise "Hybrid" mode of operation. In the event that contracted products or functionality are discontinued and re-introduced in new product(s), Motorola will not charge an additional fee or cost for those new products, which are required to maintain correlated functionality. At its discretion, Motorola may continue to support discontinued products in this Agreement, in lieu of new or replacement offerings,but this does not negate Motorola's responsibility to provide a correlated native- cloud system. Any activities already completed in the project thus far and noted in the attached SOW,will be reviewed and Motorola and Boynton Beach will determine which need to be revisited given the hybrid solution and may choose to condense or confirm completion of these activities as appropriate. Additional Terms for On-Premise Software System as a Service. The terms set forth in Paragraph 10of the Software Products Addendum—Additional Terms for On-Premise Software System as a Service apply in the event Customer purchases an on premise Software System as a service under this SPA. Transition to Subscription License Model. If the Parties mutually agree that any on-premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center, then uponsuch time which the Parties execute the applicable Ordering Document, (a) the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automaticallyterminate, (b) Customer and its Authorized Users will cease use of the applicable on-premises copiesof Subscription Software, and(c) the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA. Transition Fee. Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software, as described in Section 2.10.1 —Transition to Subscription License Model.Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, and may be greater than Feespaid by Customer for on-premises Subscription Software. Software Decommissioning.Upon (a) transition of the on-premises Software System as a service to Subscription Software hosted in a data center or(b) any termination of the Subscription Software license for the on-premises Software System as a service, Motorola will have the right to enter Customer Sites and decommission the applicable on-premises Subscription Software that is installed at Customer's Site or on Customer-Provided Equipment. For clarity, Customer will retain the right touse Licensed Software that is firmware incorporated into Equipment purchased by Customer from Motorola and any Microsoft operating system Licensed Software. Page 2 of 4 Change Order Form 04.2011.doc Page 330 of 1066 MOrOROLA SOLUTIONS CHANGE ORDER [007] Contract# FLP219I267A Contract Date: 06/25/2020 In accordance with the terms and conditions of the contract identified above between Boynton Beach, FL and Motorola Solutions,Inc., the following changes are approved: Contract Price Adjustments Original Contract Value: $425,793.50 Previous Change Order amounts for Change Order numbers 001 through 006 $0 This Change Order: $0 New Contract Value: $425,793.50 Completion Date Adjustments Original Completion Date: 05/07/2021 Current Completion Date prior to this Change Order: 08/02/2021 New Completion Date: TBD Changes in Equipment: (additions, deletions or modifications)Include attachments if needed See the attached System Description for details in equipment to be provided. Changes in Services: (additions, deletions or modifications)Include attachments if needed See the attached System Description, Statement of Work& Training Plan for Services to be delivered. Schedule Changes: (describe change or NIA) TBD Pricing Changes: (describe change or N/A) Total Change Order Costs $0 Customer Responsibilities: (describe change or NIA) See the attached System Description, Statement of Work& Training plan for Customer Responsibilities. Page 3 of 4 Change Order Form 04.2011.doc Page 331 of 1066 MOrOROLA SOLUTIONS CHANGE ORDER [007] Payment Schedule for this Change Order: (describe new payment terms applicable to this change order) NA Unless amended above, all other terms and conditions of the Contract shall remain in full force. If there are any inconsistencies between the provisions of this Change Order and the provisions of the Contract, the provisions of this Change Order will prevail. IN WITNESS WHEREOF the parties have executed this Change Order as of the last date signed below. Motorola Solutions,Inc. Customer By: By: Printed Name: Daniel Sanchez Printed Name: Title: Territory Vice President Title: Date: Date: Reviewed by: Steven J. Christian Date: 12/06/2021 Motorola Solutions Project Manager Page 4 of 4 Change Order Form 04.2011.doc Page 332 of 1066 Proposal City of Boynton Beach FL Hybr'l'd Solution m COmOO7 Change Order Exh 'l'b'l'ts 21-PS-124218 / FLP191267A December 9, 2021 The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal,without the express written permission of Motorola Solutions,Inc. 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.©2021 Motorola Solutions, Inc.All rights reserved. 21-PS-124218/FLP191267A Page 333 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Table of Contents Section 1 Introduction........................................................................................................................... 1-1 Section 2 SystemDescription .............................................................................................................. 2-1 2.1 System Overview..............................................................................................................2-1 2.1.1 Participating Agencies.......................................................................................................................... 2-2 2.1.2 Basis for System Sizing........................................................................................................................ 2-3 2.1.3 Application Software and System Components ................................................................................... 2-3 2.1.4 System Application Client Software Licensing..................................................................................... 2-4 2.1.5 Microsoft,VMware, other Software Licensing Ancillary components................................................... 2-4 2.1.6 System Interfaces and Integrations...................................................................................................... 2-7 2.2 System Architecture.........................................................................................................2-9 2.2.1 PremierOne High Availability Architecture ........................................................................................... 2-9 2.2.2 Microsoft Active Directory Service (On-Premise)............................................................................... 2-10 2.2.3 Common Services.............................................................................................................................. 2-11 2.3 CJIS and Compliance.....................................................................................................2-13 2.4 System Platform and Components ...............................................................................2-13 2.4.1 System Storage and Backup.............................................................................................................. 2-14 2.4.2 Ancillary Components ........................................................................................................................ 2-14 2.5 TCP/IP Network and Data Center Requirements............................................................2-17 2.5.1 Network Requirements....................................................................................................................... 2-17 2.5.2 Network Bandwidth Calculations........................................................................................................ 2-18 2.5.3 Data Center Requirements................................................................................................................. 2-19 2.5.4 System Workstation Specifications .................................................................................................... 2-20 2.6 Technical Considerations and Design Requirements..................................................2-22 2.6.1 Customer Responsibilities.................................................................................................................. 2-23 2.7 On-going Support of the Hybrid Infrastructure ............................................................2-25 2.8 Application Descriptions................................................................................................2-27 2.8.1 PremierOne CAD................................................................................................................................ 2-27 2.8.2 RapidSOS Integration ........................................................................................................................ 2-30 2.8.3 PremierOne Mobile with Mobile Mapping........................................................................................... 2-31 2.8.4 PremierOne Records.......................................................................................................................... 2-32 2.8.5 Motorola CommandCentral Platform Integration................................................................................ 2-34 2.9 Service Solutions ...........................................................................................................2-37 2.9.1 Intelligent Data Discovery Services (IDD)for CAD ............................................................................ 2-37 2.9.2 Intelligent Data Discovery Services (IDD)for Records....................................................................... 2-38 2.10 Cloud Hybrid Subscription Model .................................................................................2-39 2.10.1 Transition to Subscription License Model........................................................................................... 2-39 Table of Contents Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 1 Page 334 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.10.2 Transition Fee..................................................................................................................................... 2-39 Section 3 Statementof Work.............................................................................................................. 3-40 3.1 Environment Review and Site Preparations .................................................................3-40 3.1.1 Site Survey and IP Network Analysis................................................................................................. 3-40 3.2 Business Process Review (BPR) and System Provisioning........................................ 3-42 3.2.1 Business Process Review.................................................................................................................. 3-42 3.2.2 PremierOne Provisioning.................................................................................................................... 3-42 3.3 Hardware and Software..................................................................................................3-43 3.3.1 Hardware Procurement...................................................................................................................... 3-43 3.3.2 System Staging .................................................................................................................................. 3-43 3.3.3 On-Site Installation............................................................................................................................. 3-43 3.3.4 Cumulative Updates........................................................................................................................... 3-44 3.3.5 Client Software Installation................................................................................................................. 3-44 3.4 Interfaces and Integration..............................................................................................3-45 3.4.1 Interface Deployment ......................................................................................................................... 3-45 3.4.2 Integration Activities ........................................................................................................................... 3-46 3.4.3 Included Interfaces............................................................................................................................. 3-46 3.5 Reports and Dashboards...............................................................................................3-48 3.5.1 Reports............................................................................................................................................... 3-48 3.5.2 Intelligent Data Discovery................................................................................................................... 3-49 3.6 System Training..............................................................................................................3-50 3.6.1 Learning eXperience Portal ("LXP" On-line Training)......................................................................... 3-50 3.6.2 Instructor-Led Training (On-site and/or Remote) ............................................................................... 3-51 3.6.3 Advanced Configuration Tool............................................................................................................. 3-51 3.7 Product Validation..........................................................................................................3-52 3.7.1 Product Validation Plan...................................................................................................................... 3-52 3.7.2 Functional Validation.......................................................................................................................... 3-53 3.7.3 Interface Validation............................................................................................................................. 3-54 3.7.4 GO LIVE ............................................................................................................................................. 3-55 3.7.5 Motorola Support Engagement .......................................................................................................... 3-55 3.7.6 Go Live Event..................................................................................................................................... 3-56 3.7.7 Documentation ................................................................................................................................... 3-56 3.8 Project Closure—Transition to Support.......................................................................3-57 Section 4 TrainingPlan......................................................................................................................... 4-1 4.1 Course Listing ..................................................................................................................4-1 4.2 Training Overview ............................................................................................................4-2 4.2.1 System Administrator........................................................................................................................... 4-2 4.2.2 Training Facilities and Schedules......................................................................................................... 4-3 4.2.3 Training Environment........................................................................................................................... 4-4 4.2.4 Session Attendance ............................................................................................................................. 4-4 Table of Contents Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2 Page 335 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 4.2.5 Learning eXperience Portal (LXP)Requirements................................................................................ 4-5 4.3 Course Descriptions.........................................................................................................4-5 Section 5 StandardReports ................................................................................................................. 5-1 Section 6 Billof Materials..................................................................................................................... 6-1 Section 7 Interface Specification Documents..................................................................................... 7-1 Section 8 Change Order CO-007 Form ................................................................................................ 8-1 Table of Contents Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 3 Page 336 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 1 Introduction In addition to these changes this Change Order exhibit also represents a 'zero dollar' scope change for the Hybrid solutionto deliver the described 'Hybrid' PremierOne solution and Cloud migration entitlement. • Hybrid functionality and new Cloud Capabilities will be included in the change order, at no cost to Boynton Beach. Current work effort in Cloud will be used. The Cloud Capabilities suite and products are described in this Change Order. • Complete cloud migration (entitlement to adopt Cloud functionality, which replaces contracted on-premise functionality as it becomes available and meets the needs of Boynton Beach responders) will also be included in the change order, at no cost to Boynton Beach. The Hybrid solution for Boynton Beach includes Cloud migration entitlement. This service entitles Boynton Beach to equivalent Cloud licensing as received with the Hybrid software licensing. Boynton Beach will be entitled to participate in Cloud product(s) demonstrations and trials to validate product(s) functionality and how Boynton Beach's workflows and desired outcomes may be accomplished through Cloud product(s). New Cloud product(s) which provide features and benefits over and above the Hybrid on-premise contracted system will be reviewed with Boynton Beach and may be offered at an additional cost via Change Order. Motorola will demonstrate Cloud functionality at a mutually agreeable cadence for correlated product(s) (i.e. CAD, RMS, Mobile) and work with Boynton Beach to show Progress reports of how product(s) and service(s) are moving to native Cloud environments and operations. Motorola is developing a native Crash Reporting and Citations mobile client for Microsoft Windows. It is anticipated this product will not be available for testing or implementation in Boynton Beach until after the initial Hybrid go-live. Once the parties mutually agree the new Crash Reporting and Citation functionality or products are ready for use, these will be provided at no cost to Boynton Beach. In the interim, Motorola will provide the following as part of the Hybrid system deployment: TRaCS Crash Report client will be used to collect the Crash Report data, which will then be imported for storage/reporting in the P1 RMS database. This is accomplished via the 'TRaCS Crash Reports (Inbound)' interface, which is included in this change order. Citations will be accomplished using the native P1 RMS Citations module available both on the desktop and on the laptop in the vehicle. P1 ACT tool will be used to build State-specific Citations capability. Also included in this change order is the necessary interface (TCATS) to push the Citation data to the State. Introduction MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 1-1 Page 337 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 2 System Description 2.1 System Overview Motorola is pleased to present the following system for the City of Boynton Beach, FL (hereinafter referred to as the "Customer"). Our system is based on our interpretation of the requirements derived from our discussions with you. Motorola's offering consists of server hardware, server-networking hardware, system software, PremierOne application, CommandCentral Community and client software, interfaces and services (as stated inthe Statement of Work). The following represents a logical illustration of the system components. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-1 MOTOROLA SOLUTIONS Page 338 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A IN BOYNTOINI BEACH SYSTEM DIAGRAM A tt r-s k I 1 t � t R I t ! I1 Ar ikaton V0_01 Hosb 'estl Train VNI Hosts Database VM Floats Reporting Server VMI hosts' HP I}L.3W Gw10 _.. HPDt360Gei10 A;ppOudioi vLAiN nimble SAN i5au wL Figure 2-1: Representative System Diagram . .1 Parti i iAgencies The designated agencies participating in the system are: • Boynton Beach Police Department System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-2 MOTOROLA SOLUTIONS Page 339 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A . .2 BasiSizing The system is sized by tiers. Motorola uses Call for Service (CFS) and employee counts asthe parameters to establish the tiers of infrastructure sizing. Based on the counts provided by the Customer, this system has been sized as follows: • Up to 500,000 CAD Calls for Service per year • Up to 100 PremierOne CAD clients • Up to 500 PremierOne Mobile clients (Connected) • Five (5) years of PremierOne CAD data retention (2 years online, 1 years reporting). The following applications, system components, and services are included in this system: 2.1.3 li i This System is comprised of the following component and Subsystem elements: • PremierOne CAD version 4.5 (or later) with Automatic Resource Location (ARL) - PremierOne Mobile via cellular - PremierOne Handheld via cellular • PremierOne Records version 4.5 (or later) with FL IBR (SIBR) submission - PremierOne Mobile Records - PremierOne Property and Evidence • System Hardware Components • CommandCentral PremierOne Records Extensions Subscription • I nterfaces - NG-E911 ANI/ALI - Florida TRaCS Accidents - Florida TRaCS Citation - State Query (FCIC/NCIC) - FireWorks Fire Records CFS Feed - UCR/IBR - LEX FINDER (RDW data out) - LexisNexis (ATACRAIDS) - (RDW data out) - SPIDRTech/CAD - SPIDRTech/RMS System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-3 MOTOROLA SOLUTIONS Page 340 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A - PowerPhone - Rip N Run 2.1.4 li iClient Licensing The following table summarizes the number of PremierOne client application software licenses for all agencies listed in Participating Agencies. Client application software licenses are noted here for system sizing purposes only. The Customer will have SaaS-based licenses consistent with the original proposed counts. Table 2-1: System Client Licensing PremierOne CAD Dispatch with Mapping (no site license offered) 7 n/a PremierOne CAD Limited Use (no site license offered) 2 n/a PremierOne Mobile with Mapping n/a 32 PremierOne Records n/a 51 PremierOne Records Mobile n/a 32 PremierOne Handheld n/a 17 2.1.5 Microsoft, VMware, other Software Licensingill The following table lists the type and number of Microsoft, VMware, Hewlett Packard Enterprise (HPE) and other licenses and the party responsible for providing them. Table 2-2: Microsoft and VMware Licensing Microsoft SQL Server Enterprise 2017 4 Core ENT Base Lic 3 X Microsoft SQL Server Standard 2017 4 Core STN Base Lic 5 X Microsoft®SysCtrDatacenter 2016 2 Core Base and Add Lic 36 X Microsoft®SysCtrDatacenter 2016 2 Core Add Lic Maintenance 36 X VMWare vSphere 6 Ent+ CPU 1 X System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-4 MOTOROLA SOLUTIONS Page 341 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A s sI MOMs s s s a s e - e s e - e VMWare vCenter 6 Std 1 X VM, Monitoring and ADC SW SolarWinds Network Performance 1 X Monitor SL250 License VM, Monitoring and ADC SW SolarWinds NetFlow Traffic Analyzer 1 X SL250 License VMware Site RecoveryManager 1 X The following table, lists the type, number and who is providing these ancillary items: Table 2-3: Ancillary Components MEN=ME=IMEM MEN= F5 Load Balancers Virtual/Physical Network Load X 2 Balancing software integrated with system GIS Editing Software 10.6.1 of Esri ArcGIS Desktop and X Network Analyst extension software Client Access Licenses Microsoft Windows Server 2017 X 1 Per Client Refer to Microsoft Website for Guidance CommSys ConnectCIC Enables State Queries X 1 Extreme Networks Summit Provides server component isolation X 2 X620-16t switch from other systems within the Customer's data center by means of a firewall router. Extreme Networks Summit X 1 X460-48 OOB switch PremierOne Fortigate FG- X 2 501 E Firewall Device System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-5 MOTOROLA SOLUTIONS Page 342 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A MEN= - s s s s a s e - e Ee e - e MMI PremierOne FortiGate AC X 2 Power Supply for FG- 300/301 E AND FG-500/501 E F5 BIG-IP LTM 1G Load X 1 Balancer HPe DL360c Gen 10 w/dual Host Server X 3 Xeon Gold 6146, 384 GB RAM, 2 NIC, 2 x 8GB microSD HPe DL360 Gen 10 w/single Monitor Server X 1 XeonS 4114, 128 GB RAM, 5x1.2TB HDD Nimble Storage HF20 SAN X 1 21 TB HPe StoreOnce 3520 Location to store backups X 1 System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-6 MOTOROLA SOLUTIONS Page 343 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A MEN= - s s s s a s e - e Ee e - e 01 HPE 42U Enterprise 800mm Rack mount keyboard and monitor X wide rack, with Console, Cabinet Dimensions KVM Switch, and monitored 78.9 in. x 39.7 in. x 24 in. PDUs Shipping in Dimensions (with packaging materials) 86.2 in. x 48 in. x 35.6 in. Shipping Weight 850 Ib. —Total Installed Weight 3851b. — Rack 366 Ib— Equipment 751—Total Maximum Load of Rack 3000 Ib. Rack Clearance Front: 48 inch Back: 30 inch Power Distribution Units HPE 4.9kVA 208V HPE StoreOnce3520 Location to store backups X 1 2.1.6 System Interfaces and Integrations The table below lists the specific integrations or interfaces included in our system. Specification documents are included in Section 7 (Interface Specification Documents). The IFD (Interface Feature Description) or ISD (Interface Specifications Document) details the specific features and functionality of theinterface and describes the implementation process and responsibilities of the involved parties. Any requests for change to the Interface Feature Description or ISD following contract execution is subject to review and consideration through the change control mechanism of the contract. Table 2-4: System Interfaces and Integrations System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-7 MOTOROLA SOLUTIONS Page 344 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A NG-E911 ANI/ALI CAD CAD Server CallWorks 911 1 Interface Florida TRaCS Records Records Server TRaCS Crash and I Accidents Citation —FL (TEG) Florida TRaCS Records Records Server TRaCS Crash and I Citation Citation —FL (TEG) State Query CAD PremierOne COMMON —Suite B (FCIC/NCIC) Suite Services State Query FireWorks Fire CAD CAD Reporting COMMON —CAD O Records CFS Data Outbound FRMS Feed Warehouse UCR/IBR Records Records Server COMMON — O Submission Records State Submission LEX FINDER Records Records COMMON — O (RDW data out) Reporting Data Records Data View Warehouse LexisNexis Records Records COMMON — O (ATACRAIDS) Reporting Data Records Data View - (RDW data Warehouse Out) SPIDRTech CAD CAD Reporting COMMON —CAD O Data Data View Warehouse SPIDRTech RMS Records COMMON— O Reporting Data Records Data View Warehouse PowerPhone CAD CAD Client CAD Call Handling — O CACH (PowerPhone) Rip N Run CAD CAD Server COMMON —Tear& O Run System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-8 MOTOROLA SOLUTIONS Page 345 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.2 System Architecture The system is designed on the principles of Service Oriented Architecture (SOA) allowing separation of servers and services to modular components. The system can be expanded through the allocation of additional physical or logical resources as needs grow. The systemis deployed with a single production environment incorporating the high availability components and interfaces presented in this system. The production environment incorporates the high availability components and reconfigured interfaces presented in this system. The system is architected around a virtualized server configuration and supports VMware vSphere 6.5 (or later) for the hypervisor. Server virtualization provides application isolation providing the ability to isolate specific services for ease of diagnostics and hardware resource management. 2.2.1 ierOne High AvailabilityArchitecture PremierOne is also architected to have no single point of failure. Its software design is redundant, as database replication occurs across multiple servers. The system is built onindustry standard components from Microsoft .NET architecture using Microsoft Windowsand Microsoft SQL Server and other vendors. The combined software, hardware and IT network architecture is designed to provide an integrated high-availability system at each site. Redundant software and hardware components are the basis of the high-availability system design. Redundant network pathsare used throughout the system configuration. Multiple application servers support the application service layer and utilize load balancing to manage the load across the servers. RAID storage configurations provide redundancy and recovery within the storage components, and dual power supplies and circuits are usedto ensure power redundancy. Application, database, and Application Delivery Controllers (ADC) failovers operate independent of one another within PremierOne. This means the failure of one component does not require the other components to fail over. PremierOne's active monitoring identifies problems and failures before they occur. For example, low disk space or high processor utilization will trigger an alert to be sent, to notifythe recipient of a possible problem or future failure before it affects the system. In the eventof a service or component failure, PremierOne will stop using the failed service or component instance and automatically shift over to the secondary service or component instance without impacting operations. The following depicts the fault tolerant components of the system: Table 2-5: Fault Tolerant Software Components System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-9 MOTOROLA SOLUTIONS Page 346 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A s as • Multiple F5 ADCs to provide load balanced network traffic to the application servicesPremierOne monitors active services and restarts them as necessary. • In the case of a server failure, the node is disabled transferring the load to the remaining nodes in the cluster. • Replicated databases on different servers. Servers are replicated in a cluster set. • SQL Server AlwaysOn provides redundancy and automatic failover. • In case of a database server failure, there is no user intervention required. Secondary database becomes the active database without administrator intervention and continues processing transactions within the data center. • Fault tolerant networking components throughout the entire stack, the use of Link Aggregation Groups between network nodes and multipath configuration such that no single cable, port or device can interrupt system operation. • PremierOne System Manager monitoring: • CAD application • Records application • Application Delivery Controller cluster Database status • Disk space • Windows Performance Counters The backup service (backup library and backup software), the Report Data Warehouse (ad hoc reporting services), and the Test/Training environments are not designed to meet the same high availability requirements as the production application and database servers. Reporting services and test/training environment(s) are not considered critical and therefore are not redundant in the configuration. The system design also provides a single limited use environment that can be used as a test or training environment. The single limited environment does not include the interfaces configured for use in the production environment. Environment Summary • 1 Production Environment • 1 Limited Use for Test or Training . .2 Microsoft Active Directoryi i The system provides directory services to support the secure management and operations of the system through an isolated Microsoft Active Directory (AD) environment. The servers provided with the system contain computer accounts in this AD tree. Service and Administrator user accounts and groups will be set up in the isolated Active Directory with the appropriate group memberships set. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-10 MOTOROLA SOLUTIONS Page 347 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A In order to facilitate ease of user account management, the system can use the Customer's AD environment for authentication. Once the user account is built in the system provisioning, it can then use LDAP to query the Customer's environment for the account authentication. By using this configuration, the Customer can enforce password policy, retention, and complexity requirements across the enterprise with a user having a singular identity. Motorola will provide a one-way forest trust from the system local domain to the Customer's Active Directory environment. The trust provides users with Domain Administrator privileges on the Customer's AD instance to access and administer the system environment while preserving authentication and logon information. Motorola recommends that this trust be non-transitive in nature. Motorola does not recommend a two-way trust, as none of the system service accounts need authentication or resources on the Customer's network. The system's Active Directory schema is for servers and services. Active Directory user authentication (if desired) will be against the Customer's Active Directory schema. 2.2.2.1 Name Resolution The system provides host name resolution through an Active Directory Integrated Domain Name Service (DNS). In order for computers residing outside of the system's network to communicate with the system, the Customer must configure their DNS servers to forward their computer's name resolution requests to the system's DNS servers. This will allow devices on the Customer network to find systems within the system's environment. For tighter integration, the Customer, working with Motorola, must configure their DNS servers to allow name resolution requests from within their networks to be processed. 2.2.3 Common Services Common Services provides system administrators the flexibility to manage internal servicesthroughout the platform from a single point. The system's Common Services include GIS, System Security, Reporting, and the system tools for provisioning. 2.2.3.1 Geographic Information System (GIS) Geo-spatial data is uploaded to the system through tools implemented within Esri ArcGIS. Address validation data is maintained in redundant Microsoft SQL Server geodatabases thatstore locations and boundaries both spatially and in optimized search tables. Esri ArcGIS Servers provide routing and ETA calculations using the Network Analyst extension. Client maps are displayed using Esri ArcGIS Engine. • The system uses GIS for display, location validation, and unit recommendation. Thesystem's tools made available for ArcToolbox, provides the ability to load local datamanually or through an automated model. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-11 MOTOROLA SOLUTIONS Page 348 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • The system's Response Boundary Data Import Tool imports and aggregates boundariesin multiple layers into a single spatial table within the geodatabase for support of multi- agency/ multi-jurisdictional scenarios. GIS data is a required key component of a system deployment. GIS provides the mechanism for location validation and recommendation for response. • A system conformant and geographically accurate GIS data is required for the proper operation of the system. It is the Customer's responsibility to provide complete and accurate GIS data that conforms to the PremierOne GIS Data Requirements for use inPremierOne. Each agency being added to the system must have their geographic coverage included in the geodatabase imported into the system. • The use of remote and/or Esri Online services is not supported. Motorola is not responsible for map availability or any degradation of client performance caused by the use of third party hosted internet map services, as these services are outside the domainof the system infrastructure and are not managed by Motorola. The system is a mission critical application that must control the import/access of the GIS data. 2.2.3.2 System Security The system is deployed within its own Microsoft Active Directory (AD) domain in its own local area network. Active Directory Domain Controllers authenticate and authorize users to perform actions within the domain making sure authorized users have appropriate access todata and services. The system user provisioning environment can be set up to query your AD environment (using LDAP) allowing for a single point of user and password managementacross all applications. The system network contains multiple virtual local area networks that are used to secure and segment traffic for purposes of user access as well as data storage and replication. System architecture resides behind dual redundant firewalls to protect the system network from unauthorized intrusion and security threats. These firewalls are provisioned in a high availability configuration so if either of the two fails, traffic and security will remain intact across the other. 2.2.3.3 Query Services PremierOne allows users to submit requests for information to external databases. These external queries can involve local agencies and also state and federal agencies. External databases all have their own data formats and respond to submitted queries with one or more responses. These queries can be made available to all PremierOne applications. PremierOne also allows the customer to build queries against a local database. If a query is configured for submission to both a state interface and a local database, state queries will continue to be passed to the existing CommSys interface, whilethe local database query will run through the custom XML (in a Motorola template) providedby the customer. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-12 MOTOROLA SOLUTIONS Page 349 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.2.3.4 Microsofte or ing Services PremierOne uses Microsoft SQL Server Reporting Services (SSRS) for reporting purposes. SQL Server Reporting Services is a server-based reporting platform that isused to create and manage tabular, matrix, graphical, dashboards, and free form reports that contain data from relational and multidimensional data sources. The reports can be viewed and managed via a browser reports that contain data from relational and multidimensional data sources. 2.3 WIS and Compliance Motorola offers security functions and capabilities through its PremierOne offerings that,when activated, support the efforts of a Public Safety Agency or Hosted Multi-Agency environment to observe the Criminal Justice Information Services (CJIS) Security Policybest practices and recommendations. System services are designed to use FIPS certified technologies to protect data at rest andin transit. PremierOne services utilize FIPS compliant Transport Layer Security (TLS) 1.2 protocol with AES 256- bit message encryption to establish secure communication with PremierOne Records and Records Mobile Clients. 2.4 System Platform and Components This section discusses the hardware, operating system, and system software of the system,which is on premise. Note: It is the responsibility of the Customer to provide any specialized hardware and installation toensure' compliance with any local, State or Federal natural disaster safety regulations. System eves The system hardware is comprised of HPE servers as physical hosts. Host servers are HPEDL360c Gen 10 servers configured with: • Dual 12-Core Intel®Xeon® Gold 6146 processor, running at 3.2 GHz, with a 25 MB L3Cache. • Each server also contains direct attached storage in the form of two 8 GB micro SD harddrives with Smart Array controllers in a RAID configuration. • Four (4) - 10 Gigabit network ports • Each server is configured with 384 GB RAM The Monitor server is HPE DL360c Gen 10 server configured with: • Single 10-Core Intel®XeonS®4114 processor, running at 2.2 GHz, with a 13.75 MB L3 Cache System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-13 MOTOROLA SOLUTIONS Page 350 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • Each server also contains direct attached storage in the form of five 1.2 TB 10,000 RPM SAS hard drives with Smart Array controllers in a RAID configuration • Four (4) — 1 Gigabit network ports • Each server is configured with 128 GB RAM. • SolarWinds Network Performance Monitor and Traffic Analyzer Module. . . 1 System Storage and Backup The system's Backup and Recovery subsystem includes online storage and a means to back up the system offline through Nimble Storage and HPE StoreOnce disk arrays. Our system design provides storage area arrays that are utilized by the host servers for storageand for online backups with near real-time data recovery. Nimble Storage The Nimble Storage HF20 Adaptive Flash array delivers sub-millisecond response times, making the HF20 ideal for mixed or mainstream workloads requiring high performance. TheHF20 can scale from 13 TB to over 1.9 PB of effective capacity. The HF20 can be non- disruptively scaled-up all the way to over 2.3 PB of effective capacity. Performance can be scaled independently of capacity to flexibly match workload and capacity requirements. Adaptive Flash arrays automatically optimize for capacity and performance, while allowingyou to change the service level of any volume. The Nimble Storage HF Series SAN provides 42 TB of RAW storage. This storage is comprised of twenty-one 2 TB HDD along with three 1920 GB SSD (5.8 TB flash) iSCSlconnected drives. HPE StoreOnce The system includes an HPE StoreOnce Enterprise-class Backup and Recovery system. This system uses backup to disk and data deduplication techniques to enable high-speed backup of Big Data sets. The HPE StoreOnce is controlled by an application server runningHPE Data Protector software for the purposes of application and database server backup and recovery. In addition, this backup system provides mechanisms for data encryption for offsite storage as needed. Best Practices and Motorola recommendation are to locate this device in an alternative geo-diverse location from the system. 2.4.2 ill FortiGate Network Devices Component isolation provides reliability, availability, and performance. The system is based on FortiGate devices to provide the perimeter network router, firewall and Virtual LAN (VLAN) configurations for the PremierOne system. The Customer needs to supply four (4) 1 GB LAN connections per FortiGate, with eight (8) 1 GB connections. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-14 MOTOROLA SOLUTIONS Page 351 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Extreme Networks Extreme Switching The ExtremeXOS modular operating system supports intelligent Layer 2 switching, Layer 31Pv4/lPv6 routing, as well as role-based policy capabilities. The ExtremeSwitching X620 is a compact 10 GB Ethernet switch designed for 10GB edge applications. The family includes 10-port and 16-port 10 Gbe versions —all in a small 1 RU form factor— ideal for high-performance workgroups requiring 10GB connectivity to servers,storage, and clients. The ExtremeSwitching X460 is a compact 10/100/1000 MB Ethernet switch. This switch isincluded to provide network connectivity to non 10GB activities. Big IP Application Delivery Controllers The system consists of a virtual Application Delivery Controllers (ADC) for the system. These are purpose built appliances that reside outside of the application servers that present a "virtual server" address to the outside world. Upon user connection, these appliances will forward the connection to the most appropriate real server using bi- directional network address translation (NAT). SolarWinds System/Network Man e ent Tools The system consists of a dedicated physical server to host an instance of the SolarWinds management tools.. SolarWinds is set up to monitor and log traffic flow data through the FortiGate firewalls and load balancers through the server side network interface cards. Additionally, it monitors and logs CPU and memory utilization on the switches and firewallsas well as the hardware layer for the server hosts in the system. As part of the firewall, monitoring it also indirectly monitors the WAN link for replication. This data provides the Motorola support teams with the information necessary to support the system and provide historical measurements of system performance. Motorola will ensure the use of SolarWinds' latest products, which include security mechanisms to prevent and detect cyber security threats. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-15 MOTOROLA SOLUTIONS Page 352 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Boynton Beach System Rack Diagram Fort igate FG FW word FIAI Extreme Networks Summit X620 and Summit X420 TFT7600 KVM Console Nimble HF20 SAN with 21 TB of5torageandI. `t C4 - ---------- 3.6 TB Flash HP D L3 60 G10 Servers 2 x 12 CPU with 386GB of RAM C HP StoreOnce Disk Backup a W W a Rack Front Rack Rear Figure 2-2: Hardware Rack Layout Note: This is a representative diagram only. Final Configuration will be determined during system staging and is subject to change. The Customer must provide access to the installation location for thedelivery of equipment and that a Customer resource is able to receive and secure the storage of equipment. Additionally, a temporary staging area for the unpacking and assembly of equipment must be provided. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-16 MOTOROLA SOLUTIONS Page 353 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A The Customer is responsible for any accommodation necessary to provide clearance and access through hallways, doorways, and elevators meeting or exceeding the specificationsof the shipping container/rack at all sites housing system components. 2.5 TCP/IP Network and Data Center Requirements 2.5.1 Network Requirements Motorola's system requires TCP/IP protocol for connectivity. All servers and workstations willconnect to the Customer's existing network. The Customer will provide access to facilities and a dedicated resource knowledgeable on the Customer's WAN/LAN. The Customer will supply IP addresses and a mechanism for maintaining IP persistence.Desktop, Mobile, and Handheld clients require a persistent IP address from the time the application is opened to the time the application is closed. The Customer will supply all manner of network connectivity between points of demarcation represented by individual ports on Motorola-provided LAN switches and Customer enterprise networking facilities. Examples of network connectivity include (not limited to): • Ensuring all networked printers associated with the Rip & Run feature are visible to Motorola's servers and have physical and logical connections transported by the Customer's enterprise LAN/WAN between each printer and point of demarcation located at the Motorola server; • Mobile device connectivity via wired and/or wireless media, including middleware for maintaining IP persistence in wireless environments. Connectivity includes WLAN infrastructure, commercial carrier wireless networks, and backhaul connections bridging WLAN and commercial carriers to the point of demarcation located at the Motorola server; • Desktop client workstation connectivity via Customer wired enterprise network for all workstations accessing the CAD and RMS environments and provisioning systems; • LAN/WAN facilities required to support the interfaces described in Section 7. This includes Customer-provided LAN switching, routers, and firewalls required to bridge the Motorola- provided networking elements to the Customer's enterprise network or Customer-supplied external systems. System Client Network Requirements The system is dependent on the Customer's LAN for client workstation performance. The estimated network requirement per CAD client with typical usage is 0.8 Mbps — 1.2 Mbps. The minimum built-to bandwidth is 2 Mbps per workstation. Peak load events (e.g. login) require higher bandwidth and higher bandwidth will generally be required for sites with higher quantities of users and greater data intensive System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-17 MOTOROLA SOLUTIONS Page 354 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A operations such as complex map annotation sets and map manipulation if the data resides on the server. The bandwidth recommendations account for the operation of the LAN client to "not exceed the values" withthe map data being stored locally on the client workstation. Additional bandwidth will be required for the transfer of large multimedia files, premise hazard data files and other large attachments. Network latency plays a key role in the responsiveness of CAD client operations. The system is designed for optimal use on a local network environment where latency is very low. It is important that efforts be made to provide the lowest latency possible between thesystem CAD servers and each CAD client. PremierOne requires latency of no greater than 20ms round-trip from the client to the servers and back. CAD Ile and Records Mobile Client Networka ul e e is Both CAD Mobile and Records Mobile's functionality is designed for 3G and 4G networks.3G network connectivity is required, but 4G connectivity is highly recommended. The Customer will need to provide 3G/4G wireless network infrastructure and connectivitywith routing between the Mobile clients and Server. Records Client Network Requirements Records is dependent on the Customer's LAN for client workstation performance. The estimated bandwidth requirements between server and a records client can vary based on the activity of the user. It is when documents are being requested or submitted and searches are being performed, is when network bandwidth is required. During data entry, network requirements are minimal. Peak load events (e.g. login) require higher bandwidth and higher bandwidth will generally be required for sites with higher quantities of users andhigher frequency data intensive operations including image display. Records Mobile Network Requirements Records Mobile's is designed for 3G and 4G networks. 3G network connectivity is required and 4G connectivity is highly recommended. The Customer will need to provide 3G/4G wireless network infrastructure and connectivity with routing between the Mobile clients and both the primary and disaster recovery site. Mobile workstations require a persistent IP address from the time the application is opened to the time the application is closed. A persistent IP address can be accommodated in many ways including static IP, DHCP reservation, permanent DHCP lease, or with middleware such as RadiolP and NetMotion. The Customer will need to supply IP addresses for Mobile clients. Motorola encourages the Customer to test and evaluate the level of service being provided by their carriers on a regular basis to validate mobile applications be not affected by provider changes. 2.5.2 iCalculations The following bandwidth specifications are required for system performance and have been calculated based on the system being provided for the Customer. Included are anticipated bandwidth System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-18 MOTOROLA SOLUTIONS Page 355 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A specifications after five (5) years of annually compounded growth of 3.5% resulting in up to 7 client workstations. As this is a recommendation, the values represented have been rounded up. If Customer usage exceeds the figures Motorola used in its considerations, Customer will need to provide additional hardware and or software to meet the increased need. Table 2-6 - Network Bandwidth Calculations 1! immolimillo CAD Client to Server Bandwidth 12 Mbps (recommended bandwidth of 2 Mbps) CAD Client to Server Bandwidth 14 Mbps (recommended bandwidth of 2 Mbps) 2.5.3 Data Center Requirements The environmental data center requirements stated in the following sections must be satisfied in order to support the PremierOne installation. The requirements specify what theCustomer must perform, provide, or ensure in order to prepare for and aid with the system deployment. Included in the requirements are various considerations for the servers and supplementalequipment, power and network connectivity, access to various information and resources,and compliance with laws and specifications. 2.5.3.1 Power Requirements and Heat Output The following tables provide representative examples of the power utilization, heat output,and the temperature ranges for the various components of the system and the electrical circuits needed by the overall system. It is important to note that these numbers representan estimate only. This table will be updated once the hardware list has been finalized. Table 2-7: Power Requirements and Heat Output System Rack 6175 12,000 79 Cooling airflow through each server rack enclosure is front-to-back. Because of high heat densities and hot spots, the Customer must ensure that an accurate assessment of airflowinto and out of the server equipment has been performed. This is essential for reliable server operation. Airflow assessment is not within the scope of Motorola responsibility. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-19 MOTOROLA SOLUTIONS Page 356 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Table 2-8: Temperature and Humidity Ranges ilinimill- Temperature Range 50°F to 95°F Relative Humidity Range 20% to 80% (non-condensing) Circuit Requirements The system racks require a specific type of connector due to the type of equipment housedin each rack. The power circuit requirements for each system server rack are contained in the table below. The proposed racks shall be used exclusively for Motorola-provided equipment, and Customer will provide the quantities and types of power circuits indicated in the table below. Customer-provided equipment shall be placed in separate racks or cabinets, and any required power circuits to provide power to customer-provided equipment shall be provided by the Customer. Table 2-9: PremierOne Server Rack Circuit Requirements (Per Rack) Mim- C 208 20 4 NEMA L5-20R . .4 System Workstati Specifications The following specifications are provided for Customer's reference. Workstation specifications are representative of workstations used in the testing of the latestrelease of system software and do not take into account any other applications. Future releases of the system may dictate changes to the workstation specifications. Each agency should consider their own technology replacement lifecycles and policies for specificpurchase decisions. 2.5.4.1 PremierOne CAD Recommended Specifications Table 2-10: PremierOne CAD Workstation Recommended Specifications Processor 3.5 GHz quad-core processor(E5-1620 v4 CPU 3.5 GHz) RAM Memory 16 GB memory Available Disk Space 20 GB available on a SSD disk. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-20 MOTOROLA SOLUTIONS Page 357 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Operating System Windows 10 Professional 64-bit Network Interface Card 1 Gigabit or faster Ethernet network adapter Display Three (3)— 1024 x 768+ pixel, 16+ bit color displays Keyboard QWERTY Keyboard with 12 function keys Graphics Adaptor Graphics adapter with at least 512 MB RAM per monitor, 24-bit capablegraphics accelerator, OpenGL v2.0 runtime or higher. Latest available drivers. Shader Model 3.0 or higher is recommended Network Bandwidth 2 Mbps network bandwidth (to server)with 20 MS or less round-triplatency Additional Applications Adobe PDF reader (for help files) SQL Server Express 2017 The following are required .NET Framework versions that need to be installed in theworkstations: • Microsoft .NET Framework v4.8. 2.5.4.2 PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications Table 2-11: PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications Processor Intel i3, i5, or i7 2.6 GHz dual core processor RAM Memory 16 GB memory Available Disk Space 20 GB available disk space Operating System Windows 10 Professional 64-bit Network Interface Card Radio/Wireless communications device, 3G or 4G network Display One (1)— 1024 x 768+ pixel, 16+ bit color display, 11.6" or largerdisplay. Usage on devices with alternative resolutions and smaller screens should be tested and screen settings optimized. Example: On a 10.1"WUXGA screen, use a resolution of 1280 x 800 and a font size of 125%. Keyboard Standard QWERTY keyboard and Touchpad/ Point Stick (orequivalent mouse device) Touchscreen Optional Component Description System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-21 MOTOROLA SOLUTIONS Page 358 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A r s ass Adaptor Video processor with at least 256 MB RAM, 24-bit capable graphics accelerator, OpenGL v2.0 runtime or higher. Latest available drivers. Shader Model 3.0 or higher is recommended.Adobe PDF reader (for help files) Additional Applications Adobe PDF reader (for help files) SQL Server Express 2017 The following are required .NET Framework versions that need to be installed in theworkstations: • Microsoft .NET Framework v4.8. 2.5.4.3 PremierOne Records Workstation Recommended Specifications Table 2-12: PremierOne Records Workstation Recommended Specifications Processor Intel® Dual Core (2.8 GHz) RAM Memory 16 GB memory Display 1024 X 768 or higher pixel, 16+ bit color display Keyboard-Mouse QWERTY Keyboard The following are required .NET Framework versions that need to be installed in theworkstations: • Microsoft .NET Framework v4.8. 2.6 Technical Considerations and Design Requirements Network and Environment Requirements referred to in this section are those requirementsfound in TCP/IP Network and Data Center Requirements sections of this document. Motorola is not responsible for the level of service, bandwidth, and coverage a wirelessnetwork carrier provides. The server hardware will be set up and staged at a Motorola staging facility where thesystem will be configured using Motorola's IP schema using the firewalls for address translation to the Customer's network. The hardware and licensing identified in this system may be subject to change. As technology continues to advance, Motorola may take advantage of new and differentofferings for the betterment of the Customer. Any changes will be reviewed with the Customer. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-22 MOTOROLA SOLUTIONS Page 359 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.6.1 i ili i • Supply hardware, operating system software, third party components and other elements of the system not specifically identified as being provided by Motorola. • Supply Windows Server Client Access Licenses (CALs) for all system client devices accessing CAD, CAD Mobile, and Records. • Supply Mobile Device Management (MDM) software for Handheld devices. • Supply Mobile Device Management (MDM) software for Mobile devices, as desired by the Customer. • Provide Microsoft Visual Studio for the creation of In-Module reports. • Provide a single geodatabase data including any preparation and/or editing, if necessary, to meets PremierOne GIS Build Requirements for the purpose of address validation. • Supply the Esri ArcGIS Desktop and Network Analyst extension software required for editing of GIS data. • Provide wireless connectivity and middleware to deliver mobile Virtual Private Network (mVPN) with routing and IP persistence to the system network. Optimal system application performance on mobile workstations requires 4G connectivity. • Provide wireless connectivity and middleware to deliver mobile Virtual Private Network (mVPN) with routing and IP persistence to the system network. Optimal system application performance on mobile workstations requires 4G connectivity. • Provide advanced authentication for Mobile/Handheld device connectivity if required. • Provide a site adhering to the Data Center Requirements for the installation, housing, operation, and maintenance of all equipment. The space provided must be able to contain the entire rack dimensions as specified in Data Center Requirements. • Provide power connectivity (power receptacles, and any other receptacles required within manufacturer recommended cable run lengths of the equipment and all supplemental components), power distribution units, and power to the system in the designated installation location. The anticipated quantity and type of connectivity as well as the power draw of the system have been identified in Data Center Requirements. The final system specifications will be provided during deployment as part of the hardware ordering process. • Provide active cooling and humidity control for the designated installation location. The cooling requirements and the operating temperature range of the system have been identified in Data Center Requirements. The final system specifications will be provided during deployment as part of the hardware ordering process. • Provide network connectivity to clients as specified in the Network Requirements. Motorola has included network hardware for the system server architecture. Networking hardware for the connectivity outside the system LAN must be provided by the Customer. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-23 MOTOROLA SOLUTIONS Page 360 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • Provide a network diagram depicting all the devices, device types, and interfaces that the system will connect to and through, including, but not limited to all blocked ports, hubs, switches, routers, firewalls, and any other network equipment. • Provide IP addresses on the Customer's network for the system servers and third-party application servers. All server names and IP addresses behind Motorola Firewalls cannot be changed • Provide external interface connection demarcation points at locations agreed to by Motorola. These locations shall normally be adjacent to the PremierOne equipment rack. • Provide access, administrative or otherwise, to appropriate systems, locations, information, tools, and equipment to ensure proper connectivity, installation, operations, and maintenance of the system. • Provide 24-hour access to a secured two-way Internet connection to the system firewalls for the purposes of deployment, maintenance and monitoring. • Provide for outbound Internet connectivity initialized by system Servers. No public IPS are needed. • Motorola delivery model is reliant upon our ability to perform some tasks remotely, which requires secure, remote broadband access for remote deployment, monitoring and support of the system. Customer-provided high-speed internet access with minimum of 10 Mbps is required at the time of project kickoff and must remain available to Motorola throughout warranty and support periods to accommodate remote support of the system. In the event that dedicated links are required, a minimum of 7.5 Mbps upload and download access is required. It is the Customer's responsibility to ensure that the aforementioned capacity is available. In the event remote broadband access is not available to Motorola, preventing us from delivering the contracted service remotely, Motorola will provide service on-site at additional cost. The additional cost will be presented to the Customer via the change provision of the contract prior to the delivery of the on-site service. • Provide three (3) NTP timing sources available to the PremierOne Servers. • Provide, install maintain and service any software as required for anti-viral, anti-malware protection on the system. If the software requires connectivity to a central server for maintenance and updates, the connectivity including ports and access needs to be provided. • Provide clean printed copies of blank forms. The creation of printed forms and reports has been quoted assuming clean, printed copies of blank forms and reports are available. If forms and reports are not provided in a format that can be scanned to produce an acceptable printed copy, additional services may be required resulting in additional charges that are the responsibility of the Customer • If Customer is going to build their own local queries, the data must exist in databases that can be accessed via standard Microsoft SQL tools. The Customer must also understand the database schema so the table relations can be understood. As applicable, the Customer should System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-24 MOTOROLA SOLUTIONS Page 361 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A also conduct a comprehensive analysis of the data to identify duplicate data/records, lost data, orphaned records, or records that have not been linked properly. 2.7 On-going Support of the Hybrid Infrastructure Motorola will provide the necessary support, as indicated in the matrix below, in partnership with Boynton Beach, to provide an overarching support infrastructure for all components of the Hybrid solution as defined in this System Description. Table 2-13: Hybrid Tasks/Services Provide help desk and remote technical support x Execute Critical, High, Medium, Low responses; perform casex management; provide My View Portal 7 Provide a properly trained technical resource who will be responsiblefor x maintenance and support of the Motorola provided on-premise equipment and software of the PremierOne Solution Monitor for notifications sent from System Center OperationsManager x (SCOM) application Troubleshoot: diagnose,triage, resolve issues x Assist with issue resolution x x Assess and assign issue priority levels x x Escalate issues x x On-site hardware maintenance the Motorola provided on-premiseequipment x and software of the PremierOne Solution Provide VPN connectivity x Perform physical and virtual server maintenance (OS patches, admin tools, x upgrade software that supports infrastructure applications). Perform periodic reboots, ongoing performance tuning,hardware upgrades. Maintain Motorola-provided server hardware x Perform CAD and mobile client workstation maintenance. OS patches,antivirus x updates, MS security patches, hardware upgrades, periodic reboots, maintain infrastructure apps (e.g. ESRI). Provide, install, and maintain third party client, server, and mobile client x connectivity apps System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-25 MOTOROLA SOLUTIONS Page 362 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A s s s a s Perform database failover testing x Perform data purging x Track and maintain storage capacity x Monitor and maintain temporary database file size x Build, modify, support custom reports x Install and test fixed (non-mobile) CAD client and server software releases x (standard, on demand, cumulative) Install and test mobile client software releases (standard, on demand,cumulative) x Perform GIS updates x Configure and maintain MS Windows user accounts x Perform and ensure successful completion of daily backup operations. Monitor x health of backup related hardware. Perform backups before performing system or database updates Provide provisioning information and perform provisioning. Note: While typically a x x customer responsibility MOTOROLA recognizes that theremay be some provisioning elements of the system that, in order forMOTOROLA to meet the service requirements herein, will potentially be thesole responsibility of MOTOROLA to manage. Use Records ACT to change existing modules. Perform testing in anon- x production environment. Track changes using MOTOROLA provided spreadsheets Gather issue logs (server and client). Supply logs for troubleshooting x Provide stable networking connections with sufficient bandwidth x Provide remote access to the system (VPN account access, remotehosting, etc.). x Provide backup power x Ensure end-users are trained x Perform change management on the PremierOne system and related hardware; x abide by notification processes Perform change management on external systems (e.g. 3rd party interfaces and x associated hardware/software). Adhere to notification processes Schedule remote support for the application of standard, on demandand x cumulative software releases. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-26 MOTOROLA SOLUTIONS Page 363 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A s s s a s Provide on-site installation services (as needed)to apply, standard,cumulative x and on demand software releases to fixed (non-mobile) CAD clients and servers Provide industry standard security measures to protect the Motorola provided on x premise equipment from intrusion, breach, corruption orsecurity risks Provide information for background checks of personnel who haveaccess to CJI, x complete CJIS training, etc. Establish and maintain CJIS compliance practices x Maintain and follow a security breach response plan x x Provide/ perform hardware replacement (MOTOROLA-provided hardware) x Provide/ perform hardware replacement (customer-provided hardware) x Provide NSOC and monitoring tools. Monitor alerts, generate support events, and x dispatch technical resources. Monitor these elements: P1 server software, CPU loading, disk space, resource utilization, network health, firewalls, DR connections (as applicable), SAN devices (as applicable), management host, netclock, power distribution units 2.8 Application Descriptions The following sections provide brief descriptions of PremierOne CAD, Mobile, Records,applications, and other system applications. The system is a Commercially Off the Shelf(COTS) product. As such, no softwaredevelopment to the application framework is provided. 2.8.1 PremierOne Motorola has designed PremierOne CAD to be the central convergence point for communications from multiple sources and systems, mission-critical information andresource management. The user interface offers quick access to information via a location-based, Esri standard GISmap. Users perform commands and functions using a mouse, command lines, function keys, shortcuts, or user definable right click menus. The GPS-aided resource management tool displays the location and identity of GPS equipped vehicles or devices enabling a coordinated response while further supporting officer safety. In PremierOne CAD, ARL could be used in recommendations to track the location of emergency vehicles to determine their present location when requiring units to respond toan incident. By adding System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-27 MOTOROLA SOLUTIONS Page 364 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A ARL recommendations to PremierOne CAD, PremierOne CAD canmake recommendations based on the actual location of units rather than recommending units solely based on jurisdictional assignment. Users can create incidents from public telephone calls, from information received from an officer or from another public safety agency, or through an alarm interface. Once the user enters basic details of the incident into the system, users may dispatch field personnel to handle the incident. Users may update incidents with additional details such as informationabout the handling of the incident. Once the user has completed the incident in an appropriate fashion, the user then can close the incident. Field personnel may use PremierOne CAD to retrieve details about incidents or to make incident updates. Additionally, supervisory personnel may use the PremierOne CAD to monitor the operations of the communications center, the handling of incidents and field unitstatistics. PremierOne CAD functions as a standalone product but also seamlessly integrates withMotorola's PremierOne Mobile and Records application. PremierOne CAD may also beintegrated with other Motorola and third party systems. 2.8.1.1 PrernierOne CAD Concepts User Input Users may operate PremierOne CAD either with or without a mouse. While all commands and actions within the application can be accessed with the mouse, users also may drive PremierOne CAD almost exclusively from the keyboard. A few PremierOne CAD functions,such as selecting units from a map, must be performed with a mouse. Work and Status Monitors Users perform the majority of actions within PremierOne CAD's work monitor. Status monitors present summary information about incidents or units. A user may have one ormore status monitor windows available at the workstation. Status monitors are available on both CAD and mobile workstations. The CAD status monitors can be customized to a greater extent than the mobile status monitors. Security n les PremierOne CAD recognizes authorized users and provides access to individually authorized functions at the time of sign-on. To facilitate these responsibilities, access rights and permissions are associated with the various functions available within PremierOne CAD. A role is a set of specified privileges, which provide access to data, commands, forms,devices, and functions. Each user and device is assigned to one or more of the default of Customer created roles. Units, Incidents, and Dispatching A unit within PremierOne CAD represents the resources, which are dispatched or monitoredby the communications center personnel. All units in the system are identified with a unit ID that is typically the radio call sign for the unit. Users can initiate incidents from the commandline or from the incident System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-28 MOTOROLA SOLUTIONS Page 365 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A initiation form. The system provides a user with four methods to begin the incident dispatching process. These four methods include: • Dispatch incident function key • Incident dispatch command • Dispatch form • Drag and drop feature within status monitors and map. Incident Management In addition to initiating and dispatching incidents, users can manage existing incidentsthrough the various incident management features of PremierOne CAD: • Updating existing incident information • Associating incidents • Disassociating incidents • Cloning incidents • Closing incidents • Reopening incidents • Displaying a summary list of incidents • Searching for incidents Unit Management Users have the ability to monitor and maintain the current activities for each unit through thevarious unit management features: • View and update unit assignment data • Make unit status changes • Manipulate a unit's call stack • Transfer units • View a unit's history • Move units from one station or area to another station or area • View the current activities for a unit • Assign crews • Clear units from an incident • Manipulate units that are assigned to incidents • Move resources to cover depleted stations or areas • PremierOne CAD can alter a unit's capabilities based on the personnel assigned to thatunit System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-29 MOTOROLA SOLUTIONS Page 366 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Federal, t te, and Local Queries PremierOne allows users to submit requests for information to external databases. These external queries can involve local agencies and also state and federal agencies. External databases all have their own data formats and respond to submitted queries with one or more responses. Maps PremierOne mapping utilizes products from Environmental Systems Research Institute (Esri) for geo- processing. The display of maps is an integrated component within PremierOne. The map may be configured to automatically display when the user signs on tothe workstation. A number of commands and functions allow the user to manipulate the mapand make updates in response to user actions. The map may be configured to display an icon at this location to assist the call taker in determining the location at which an emergency response is required. The system also attempts to find the nearest address/common place to the caller coordinates Mail & MessagingServices The mail and messaging functionalities of PremierOne CAD allow users to exchange anddistribute electronic mail and messages within the dispatch center and to units equipped with MDTs . .2 RapiIntegration PremierOne Integrates RapidSOS features into PremierOne CAD using the NG911 CallControl solution. This integration allows for immediate call location, responses to movingcallers and access to additional more detailed information about the caller. Locate Callers Immediately Improve response time and call location accuracy by accessing a reliable caller device-based hybrid (DBH) location in as little as three seconds of taking a call from within PremierOne CAD. Respond to MovingIles See a faster and more reliable location even if the caller is moving with integration between PremierOne CAD and RapidSOS. This robust technology provides accurate location to three seconds every time the call taker re-bids the caller location. More Detailed Information Arm your call takers and responders with faster, more detailed caller information before questioning has even started. With this streamlined technology, caller data is provided bymultiple resources, aggregated by RapidSOS, which PremierOne CAD then queries and delivers to the call taker. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-30 MOTOROLA SOLUTIONS Page 367 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.8.3 ierOne Mobile withitMapping PremierOne Mobile provides public safety personnel the ability to assess and prepare for asituation while en route to the scene. Users access information via screen configurations that provide navigation throughout the PremierOne Mobile application. Table 2-14: PremierOne Mobile—Available Clients Operating System Windows 8.1+ Silent Dispatch • Incident& Unit Management • Real-Time Status Monitors 7 Field Initiation for Traffic Stops & Other Incidents • Database Querying • BOLOs • Responder and Unit Location Tracking • Premise & Hazard Details with Images • Geofencing with Entry& Exit Alerts • 4G & LTE Network Capability • CJIS Security Support with FIPS 140-2 Encryption &Auditing • Barcode Scan • Voice Entry for Comments Actionable URL in Comments Messaging • Advanced Mapping, BOLOs, Premise & Hazards • Advanced Configurations • The integrated map provides the user the ability to display call location, drive directions, premise hazards and the location of other units. PremierOne Mobile leverages the same common map platform used in PremierOne CAD, which is managed and provisioned from acentralized location and deployed to all systems remotely. PremierOne Mobile obtains location information from a collocated GPS receiver. The PremierOne Mobile Windows Client It supports either the Trimble ASCII Interface Protocol(TAIP) or National Marine Electronics Association (NMEA) standard. The PremierOne Mobile client application can send its System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-31 MOTOROLA SOLUTIONS Page 368 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A location to PremierOne CAD via a cellular data modem. The vehicle location information is used by PremierOne CAD to support location dependent features including Mapping, Track-It, Follow-It, and Recommendations. 2.8.4 PremierOne PremierOne Records is Motorola's next generation law enforcement records management system. Based on over 30 years of industry RMS experience, PremierOne Records is a fourth generation product that was designed from the ground up with the current and future needs of public safety agencies in mind. Not only does the system leverage the experience gained from decades of public safety experience, it utilizes the latest graphical user interfacedesign and development techniques. PremierOne Records is built on true service oriented architecture, not simply a Iegacyproduct with services added as an afterthought. Another fundamental tool of PremierOne Records is to provide the greatest level of flexibility. Working with the Advanced Configuration Tool of PremierOne Records allowsagencies to add and hide fields, change field labels, make fields required, alter output format, and determine the information that is made available to users and roles. 2.8.4.1 Prernier0ne Records Concepts: Records Clients PremierOne Records provides the same functionality, fields, data, and security to both the officer in the field using a Records Mobile Client and the records bureau user accessing thesystem through a LAN- connected desktop computer. • Standard Client— Used for workstations which are connected to the network, such as those on a LAN or WLAN. This self-updating client can be launched from a web browserand can be run without a local installation, thus reducing installation and maintenance costs. • Records Mobile Client— Used in situations where network connectivity is not assured or nonexistent, such as with mobile units on a wireless network for field based reporting (FBR). Over the wire update and caching services assure that all clients are kept up to date with application updates, changes to forms, code tables, etc., reducing maintenance costs. Navigation PremierOne Records was designed with a physical law records department in mind. Users can find information in PremierOne Records in the same areas where you would expect to find them physically in your department. PremierOne Records provides easy and quick access throughout the application. Users can navigate using familiar point-and-click accessto modules, similar to a browser. As with a browser, forward and back keys are provided aswell as the ability to open additional tabs, allowing multiple modules to be open at a time. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-32 MOTOROLA SOLUTIONS Page 369 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Records Command Line A command line window can be opened using a hotkey that allows authorized users to perform typical actions such as add, edit and navigation functions without using the mouse. The command line auto- fills both commands and parameters requiring just a few keystrokesto create a new record or access any record in the system. The Records command line window can be displayed even with the other PremierOne Records windows minimized giving the user a cleaner more efficient client. This is especially important for Records Bureau or other data entry users as they can create or edit records much faster, with fewer keystrokes and mouse clicks. This feature is also available in the Records Mobile client allowing patrol officers and other Mobile users to quickly create records without using a mouse. For paper-based agencies that print and use paper copies of records, the commandline can be combined with a low cost barcode scanner to greatly improve efficiencies. A barcode can be printed at the bottom of each document that when scanned immediately retrieves the record with no other user intervention. This feature is especially beneficial for document approval or other manual or automated workflow processing Motorola cu ents Users perform the majority of data entry within Motorola Documents, a forms tool based onpatented technology. This technology leverages decades of experience with law enforcement records management systems and is designed to improve data entry efficiency, accuracy and reduce the learning curve for new users. Specially designed functionality such as tabs, search while you type, and `To do' items are all designed to reduce the effort required to fully document each event. • Tabs: To facilitate data entry, tabs combine like data types such as victim, offense, orproperty. Within each data type, a user may enter as many of that data type as necessary. • Required Fields: Within any document in PremierOne Records, some fields will be required to be filled in before the document can be saved to the database. Required information helps to preserve the integrity of the document as a whole to make it a validdocument. Fields may be required based on business rules established by an agency orbecause the agency requires data to be collected for reporting purposes. The system may also require certain data fields to be completed to assure accurate and complete IBR or UCR submissions. • Single Select Code Fields: Single select code tables allow users to enter only thosecodes that have been created for a given field. • Search While You Type: This functionality displays only the entries in a list that matchthe text that you type. Search-as-you-type considers all the words in a phrase, not justthe first word at the beginning of the phrase. • Multi-select Code Tables: As with single select code tables, multi-select code tables onlyallow for the acceptable range of data values to be entered. • Pull Forward: You can use Pull Forward to search for and find existing data, and thenpull that data into Motorola Document. • To Do List: Motorola Documents also check to ensure all required fields have been filledout and are valid. If you omit a required field or have incorrect information, an error message will System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-33 MOTOROLA SOLUTIONS Page 370 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A appear in the Help window of the document. These error messages, or the to-do list, are hyperlinks. They bring the cursor directly to the field that requires attention when the form you are currently working in. Documents that are not complete may be saved as a draft, but the data is not present in the database directly. • Only Display Necessary Fields: This feature of Motorola Documents only displays thosefields necessary to complete the document. When a user enters data that then requiresfurther information, fields for entering the additional data become available. Until those fields are needed, they remain hidden. • Photos — Drag and Drop: Motorola Document windows also support drag-and-dropfunctionality for images. • Autosave: PremierOne Records can be configured to automatically backup or save a document prior to document submission. The document is saved in draft form until it hasbeen submitted. • Document Locking: A locking message displays if another user tries to access a document that is open and locked. Document locks expire when the opened document isclosed or after a configured time (default is 12 hours) whichever comes first. Other usersattempting to open a locked document will get a read-only version of the document that displays the document lock message in the lower right corner. Users cannot make edits to the read-only document. • Searching — Free Text Searching: PremierOne Records provides default basic searchand field display functionality as well as advanced search functionality for custom search. Agencies can specify and configure which module data fields are available forsearching. Additionally, PremierOne Records has a free text and advanced free text search capability, which functions similarly to web text searches; Users can enter a word or phrase in the free text search field and search across the entire data store for recordsthat match the text or phrase. 2.8.5 Motorola CommandlCentral Platform Integration CommandCentral is an end-to-end platform of interconnected solutions that unify data and streamline public safety workflows from a citizen tip or call to case closure. Through single sign-on capabilities, your personnel can access all CommandCentral software applications with one agency username and password for a more streamlined workflow. The CommandCentral platform puts your agency's data to better use, improves safety for critical personnel, and helps keep your focus on the communities you serve. CommandCentral evolves over time, maximizing the value of existing investments whileadopting new capabilities that better meet your personnel's growing needs. With cloud- based services and an agile development methodology through constant user feedback, Motorola Solutions can deliver new features and functionality in a more manageable, non-intrusive way. CornmandlCentral Capabilities for PrernierOne Motorola Solutions' CommandCentral Capabilities are a set of cloud-based features that enhance on- premise records management and CAD systems. Leveraging the CommandCentral platform, these System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-34 MOTOROLA SOLUTIONS Page 371 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A capabilities provide a variety of enhancements to improvepublic safety workflows. These features streamline digital evidence management, provide insight to aid data-driven decision making, and expedite case review and resolution. Records and CAD users can work more efficiently within their RMS and CAD systems to best support your agency and your communities. The proposed CommandCentral Capabilities solution includes the following features and integrations. Cloudta Backup andRestore Motorola Solutions' Cloud Data Backup and Restore syncs your agency's database with the cloud to create a secure and accessible backup. The cloud provides proven security, reliability, and availability. While this feature only stores the most recent backup in the cloud,there is no limit on the size or frequency of the backup. This provides flexibility for specific scheduling and information management needs. Administrators can schedule the cloud backup. CAD Viewer CommandCentral capabilities for CAD augments existing on-premises CAD systems, allowing users to make better decisions from anywhere with secure view access to your agency's CAD information. Users can view this data on any internet-connected device and enable non-traditional users to work from locations that have not previously had access to jurisdictional CAD information. The CAD Viewer provides a view of pending/active incident information, unit information, and mapped location of incidents and responding units. Users can switch easily from light to dark mode and use pop-out screens to personalize their view. Records Management CommandCentral capabilities include access to records management features. Users can quickly search video, audio, images, and other digital content. The system stores data fromvarious sources in a central cloud-based location, streamlining access and management across your organization to reduce the complexities of record management. As a result, thissolution helps save your personnel valuable time and allows them to focus on critical tasks. Records Management offers users the following features to benefit management workflows: CommandCentral Incident Record —View incident data, officer narrative, and digital evidence with one user interface, called the CommandCentral Incident Record. This cloud-based feature combines case-related information from different sources into a stream Iinedinterface. This unified view allows your agency to review critical evidence from a more robust and accurate operating picture. The CommandCentral Incident Record is built fromincident details in your records management solution and content from CommandCentral Evidence if CommandCentral Evidence is purchased separately. Task Creation and Assignment—View, create, and assign daily tasks or projects as part of the Insights Dashboard. The Insights Dashboard provides curated and actionable insightsinto your System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-35 MOTOROLA SOLUTIONS Page 372 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A agency's initiatives from across the CommandCentral suite. It gathers items that need attention, review, correction, or completion to help users stay organized and manage operations. This also helps build and close cases faster by tracking progress and assigning ownership to activities. The dashboard promotes collaboration by allowing users to share documents, projects, and success metrics across the agency. Unified Search – Locate information across all agency records and evidence using a smart,free- text search engine. To access content from a specific incident, users can access Unified Search or go through your Motorola Solutions RMS. Users can search incidents by time-frame or specific case number and then view all digital evidence associated with that specific case. This single source offers a user-friendly experience that is easy to navigate and understand and includes the ability to add narratives. The solution also makes review easier by tagging persons and vehicles listed in the narrative. Vehicles listed in the incident report include links to automatic license plate readers in the Vigilant LEARN database (additional subscription required). Product updates are seamless with new capabilities delivered regularly. The cloud also provides proven security, reliability, and availability that keeps personnel prepared for their operations. In Mapping For PremierOne Records deployments, Pin Mapping visualizes geographic crime data andcase reports on a map. This map view provides context to crime in a specific area, allowing users to quickly compare incidents and make more informed crime fighting decisions. Digital vl encs Management CommandCentral capabilities digital evidence management tools streamline collecting, securing, and managing multimedia evidence. These tools simplify how a secure digital evidence library is built by incorporating data from multiple sources into a unified evidence storage framework. Users can upload digital evidence from a variety of sources to quickly build cases. Evidence stored within the tool is easy to search, correlate, and review alongside other case-related information from your CAD or RMS database. Relevant contentcan be marked and sorted to locate critical information from a central touch point. This unified storage framework allows personnel to make informed decisions with an organized and complete case evidence view. In addition, with the access control system, the application allows authorized personnel to view sensitive information. Judicial Sharing With the Judicial Sharing feature, your agency can use the CommandCentral Incident Record to share a complete evidence package with partners and prosecutors. This keepsyour personnel and partners up-to-date on each case and allows them to work from the same information. Judicial Sharing integrates with the CommandCentral Incident Record, allowing aggregatedcase-related information to be shared via email. This helps to keep prosecutors up-to-date with a dedicated, streamlined page designed for their needs. It allows judicial partners to access all of the case content shared with them — even from multiple agencies —from one,secure location. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-36 MOTOROLA SOLUTIONS Page 373 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A From your agency's view, users can confirm that they received the case package and continue to update the shared package as the case develops. From the case manager, the prosecutor can see when a shared package has been updated. They can search and filter the case packages to locate information and then share the case package with the defense.If your agency has case sharing systems in place with partners, you can leverage your agency's existing investments by downloading content and audit logs to review and share. CommandCentral Capture CC Capture allows officers to capture images, video, and audio from the field with a simple smartphone application on iOS or Android. This tool provides easy media management andadvanced camera controls to help users control what is captured. The application adds metadata and tags, and then gets uploaded to CommandCentral Evidence for immediate use. The application isolates all data from personal data. This ensures other apps cannot access evidence, while providing an uncompromised chain of custody from the moment of capture. This application is a capture source for field personnel, command staff, and supervisors. Officers can dictate narratives directly from their mobile device. The audio files are transcribed and uploaded to the CommandCentral Incident Record as the primary incident narrative. 2.9 Service Solutions The following sections provide brief descriptions of service solutions delivered as part of thePremierOne offering. 2.9.1 Iligent Data Discovery Services IDD Services include instruction in the use of advanced SQL Server Reporting Services(SSRS) features, which will allow for the connection, extraction, and display of data fromCAD in the tailored standard IDD and customized dashboards. IDD's use of Microsoft's SSRS employs the data to generate and securely share onlinedashboards and reports, initiate searches and mine data. The IDD services include thefollowing dashboards: • Three (3) Tailored Standard Dashboards - Roll Call Briefing Dashboard - Intelligent Resource Deployment Dashboard - COMPSTAT Dashboard • View Only CAD IDD bundle - Unit Status - Unit History System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-37 MOTOROLA SOLUTIONS Page 374 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A - Map - Incident Search - Drill-through to Incident Details and Officer Activity Reports • Two (2) Customer Defined Dashboards (built during IDD Training and limited to dataexisting in the system CAD dataset) • Two (2) days of consultative services pertaining to reports and dashboards for the CAD • Two (2) days of PremierOne Intelligent Data Discovery (IDD) Training, after completionof training requirements. A single copy of each of the Standard IDD dashboards will be tailored per the provisioning ofthe CAD system, and delivered to the customer. IDD is limited to data existing in the system CAD dataset. Microsoft's SSRS is a reporting and report distribution application. A map viewof the data, such as location of Incidents, may be produced as part of the report output, but with no interactive mapping ability. Total system capacity for IDD is dependent upon the total number of concurrent reports being requested from the RDW server. Final system capacity is dependent upon final design and report types being generated on a concurrent basis. 2.9.2 Iligent Data Discovery Services Records IDD Services include instruction in the use of advanced SQL Server Reporting Services (SSRS) features, which will allow for the connection, extraction, and display of datafrom Records in tailored and customized dashboards. IDD's use of Microsoft's SSRS employs the data to generate and securely share onlinedashboards and reports, initiate searches and mine data. The IDD services for Recordsinclude the following dashboards: • Three (3) Tailored Standard Dashboards - Master Index Search Dashboard - Records CompStat Dashboard - Records major Crimes Dashboard • Two (2) Customer Defined Dashboards (built during IDD Training and limited to dataexisting in the system Records dataset) • Two (2) days of consultative services pertaining to reports and dashboards for Records • Three (3) days of Records Intelligent Data Discovery (IDD) Training (*Additional dashboards are built during the training class) A single copy of each of the Standard IDD dashboards will be tailored per the provisioning ofthe Records system, and delivered to the customer. Records IDD is limited to data existing in the system records dataset. Microsoft's SSRS is a reporting and report distribution application. A map view of the data, such as location of Incidents, may be produced as part of the report output, but with no interactive System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-38 MOTOROLA SOLUTIONS Page 375 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A mapping ability. Total system capacity for IDD is dependent upon the total number of concurrent reports being requested from the Records reporting data warehouse server. Final system capacity is dependent upon final design and report types being generated on a concurrent basis. 2.10 Cloud Hybrid Subscription Model 2.10.1 Transition i iLicense If the Parties mutually agree that any on-premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center, then upon such time which the Parties execute the applicable Ordering Document, (a) the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automatically terminate, (b) Customer and its Authorized Users will cease use of the applicable on-premises copies of Subscription Software, and (c) the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA. 2.10.2 Transition Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software, as described in 2.10.1. Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, andmay be greater than Fees paid by Customer for on-premises Subscription Software. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-39 MOTOROLA SOLUTIONS Page 376 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 3 Statement of Work 3.1 Environment Review and Site Preparations . .1 SiAnalysis Motorola will review the existing infrastructure(s) and installation location(s) to validate that the installation environment(s) and local and wide area networks will provide optimal supportof the Motorola solution. A single site Survey/IP Network Analysis will be conducted at the primary installation location, The purpose of the site survey is to confirm the Customer's installation environment conforms to the site requirements presented in the System Description and hardware manufacturer specification verifying that the physical installation environment is accessible, without special accommodation, to support the movement of equipment in Customer's facility from receiving dock to the equipment room. Examples of areas of concern include door/hallway widths and heights, stairs, elevator weight Iimitations,ventilation including cooling, power receptacle locations and power types. Motorola makes no provision for cabling, special accommodations, power consumption orcapital improvements to the installation environment that may be required to support the Motorola system. Motorola es nsi ilities 1. Review the site requirements section of the System Description with the Customer. 2. Facilitate a meeting to review the physical installation environment and equipment travelpath from receiving dock through equipment room. 3. Analyze IP network data. 4. Prepare a report with recommendations for any site and or network preparation requiredto provide an optimal environment for installation of the system equipment and identify any deficiencies related to power, power supplies, cabling, IP network connectivity, and communications equipment. Customer es nsi ilities 1. Provide escorted access to the installation location where Motorola system equipmentwill be installed. 2. Provide documentation on the current infrastructure, i.e. existing hardware and operatingsystem software components and terminal networks, as well as projected utilization statistics and other information as is reasonably required to validate final hardware requirements. 3. Provide information on current network architecture and configuration as well as physicalsite information such as building plans and schema's, as available. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-40 Page 377 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 4. Make knowledgeable staff available to explain the current architecture, infrastructure, environment and physical environment conditions (e.g. building engineers/electrician) as needed. 5. Provide a site for the installation, operation, and maintenance of all computer server(s), workstation(s), and related peripheral in accordance with Motorola requirements and allnetwork infrastructures described in the System Description. 6. Ensure the computer processor(s), operating system software, third-party software, all associated workstations, printers, communications, and related components conform with the specifications in the System Description. 7. Provide a programmer work area for Motorola on-site staff in the primary facility, locatednear, but outside of the computer machine room. The room will be equipped with a workstation, AC power to support workspace for a minimum of two (2) people, and Internet access. Wireless access is recommended. This work area will be available during the course of the project. 8. In compliance with CJIS requirements in paragraph 16.3, provide 24-hour access to a secured two-way Internet connection to the Motorolasystem firewalls for the purposes of deployment, maintenance, and monitoring throughout the course of the project and maintenance and warranty phases. 9. Review and approve the final hardware and operating system software configurationwith the Motorola project team. 10. Provide any cabling or capital improvements required for the installation environmentand/or power consumption considerations. As noted in Section 2.5, Customer will supply all manner of network connectivity between points of demarcation represented by individual ports on Motorola-provided LAN switches and Customer enterprise networking facilities. Examples of network connectivity include (not limited to): • Ensuring all networked printers associated with the Rip & Run feature are visible to Motorola's servers and have physical and logical connections transported by the Customer's enterprise LAN/WAN between each printer and point of demarcation located at the Motorola server; • Mobile device connectivity via wired and/or wireless media, including middleware for maintaining IP persistence in wireless environments. Connectivity includes WLAN infrastructure, commercial carrier wireless networks, and backhaul connections bridging WLAN and commercial carriers to the point of demarcation located at the Motorola server; • Desktop client workstation connectivity via Customer wired enterprise network for all workstations accessing the CAD and RMS environments and provisioning systems; • LAN/WAN facilities required to support the interfaces described in Section 7. This includes Customer-provided LAN switching, routers, and firewalls required to bridge the Motorola- provided networking elements to the Customer's enterprise network or Customer-supplied external systems. Motorola ellve les Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-41 Page 378 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Site Survey and Network Analysis Results 3.2 Business Process Review (BPR) and System Provisioning . .1 BusiReview Motorola and Customer will conduct a BPR to analyze the differences between the processes and workflows of the existing PremierOne cloud-based solution and new on-premise solution. A Motorola led Business Process Review (BPR) provides Motorola and the Customer the opportunity to review current operational processes and workflows and determine the provisioning parameters that will provide the most optimal use of the new PremierOne system. The information collected in the BPR will provide Motorola and Customer the framework for how the product(s) will be provisioned and configured to account for any changes introduced by the on-premise system. . .2 PremierOne Provisioni Existing P1 Cloud provisioning information will be preserved by backing up the databases, configuration settings, and operational data of the PremierOne Cloud solution and restoring to the new on-premise solution. Additional provisioning activities may be required as determined by the outcome of the Business Process Review. Provisioning activities include instruction of the mechanics and methodologies required tocomplete system provisioning and provides the Customer with the required knowledge to complete and maintain system provisioning as required to support Customer's operational needs. Should additional provisioning be required, customer-specific provisioning parameters will be collected using Provisioning Export Worksheets. Motorola will review the Provisioning Export Worksheets with the Customer to identify the information that is required for the Customer-specific provisioning data tables. The Customer is responsible for determining the number and type of provisioning profiles (e.g. Law profile, Fire profile...) required to support their operation. The Customer will be responsible for completing the Provisioning Export Worksheets in the proper format and with agency specific information. The information collected in the worksheets will be imported into the system exactly as it is provided by the Customer. Upon completion of provisioning by the Customer, Motorola will conduct a working session with the Customer's Administrators and desired SME's demonstrating system operation in accordance with Customer determined provisioning parameters (BPR Workbook and Provisioning Worksheets). The purpose of the session is to enable the Customer to fine tune provisioning parameters as needed to better align with operational use needs. In this working session, Motorola provides the Customer with guidance on provisioning options thatmay better support the Customer's operational objectives. The Customer completes any provisioning parameter updates with Motorola guidance as desired. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-42 Page 379 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3.3 Hardware and Software . . 1 Hardware Procurement Motorola will procure the system equipment in accordance with the bill of materials. 3.3.2 System Staging System staging provides for the installation of the software components on the hardware procured by Motorola at our staging facility. The system will be tested and verified to be operational in a staged environment. Once validated, the system will be packaged and shipped to the Customer's location for installation. Motorola esnsl illtles 1. Receive the contracted hardware, software, and related components at the Motorolastaging facility. 2. Rack and install hardware components. 3. Install and configure system software. 4. Ship staged system to the Customer's installation site. Customer esnsl illtles 1. Receive the staged system and securely store it until Motorola installation. 2. Provide acknowledgement of receipt of delivered equipment. Motorola ellve lei Equipment Inventory Staged System Delivery .3.3 On-Site Installation The objective of this activity is to install the system at the Customer's site. This activity addresses physical installation activities and system connectivity verification. Motorola esnsl illtles 1. Install the staged system in the Customer's environment. 2. Conduct a Power On test to validate the installed hardware and software are ready for configuration. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-43 Page 380 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3. Load preliminary provisioning data. 4. Verify contracted software is available and accessible on the installed system. 5. Physically install contracted workstation computers and monitors in Customerdesignated locations. Customer es nsi ilities 1. Validate server room availability and meets the requirements stated in the System Description. 2. Provide power and network connectivity at designated workstation installation locations. Motorola elive le Power On/Installation Verification 3.3.4 Cumulative A Cumulative Update (CU) may be required and will need to be installed following the initial system software installation. If CU's are installed by Motorola, a remote demonstration of the newly introduced or modified features/functions will be provided to the Customer. CU delivery is determined at Motorola's discretion. If a CU that introducesnew functionality is delivered following the conclusion of Motorola training, the Customermay purchase additional training as desired in accordance with the Change Order provisions in the Agreement. Motorola es nsi ilities 1. Provide release notes. 2. Remotely install CU. 3. Remotely demonstrate any new delivered features as needed. Customer es nsi ilities 1. Witness the demonstration of newly installed features, as required. 2. Provision the additional functionality as desired, based on the release notes. 3. Educate users on new features. 3.3.5 li Installation Client software will be installed on the CAD/Records workstations/mobile devices to facilitate provisioning training and provide instruction to Customer personnel who will complete software installation on the remaining workstations/devices. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-44 Page 381 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Motorola es nsl illtles 1. Verify system readiness. 2. Request client software. 3. Deliver the Pre-Installation Preparation Checklist. 4. Provide instruction on client software installation and install client software on up to two (2) Client workstations and or Mobile devices per agency. 5. Provide instruction on client software deployment utility. 6. Create Records client installation executable(s). 7. Verify Records Mobile client software functionality in offline mode. Customer es nsl illtles 1. Provide and install workstation/mobile device hardware in accordance with specifications. 2. Assign personnel to observe software installation training. 3. Complete installation of client software on remaining workstations and mobile devices. 4. Unless contracted to be provided by Motorola; procure, install, authorize and configureArcGIS Desktop/ArcGIS Pro and extensions. Motorola ellve les Pre-Installation Preparation Checklist Installation Guide 3.4 Interfaces and Integration The installation, configuration, and demonstration of interfaces may be an iterative series of activities depending upon access to third-party systems. Interfaces will be installed and configured in accordance with the System Description and Project Schedule. Integrated functionality between Motorola developed products will be completed through the software installation and provisioning activities described herein. Integration activities that have specific requirements will be completed as outlined in this SOW. . . 1 Interface Deployment Connectivity will be established between the Motorola system and the external and/or thirdparty systems to which the contracted software will interface. Motorola will configure the system to support each contracted interface. The Customer is responsible for engaging third-party vendors if and as required to facilitate connectivity and testing of the interfaces. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-45 Page 382 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Motorola es nsi ilities 1. Establish connectivity to external and third-party systems. 2. Configure interfaces to support the functionality described in the System Description andor ISD as reviewed during the Interface Planning Session. 3. Validate each interface can transmit and/or receive data in accordance with the System Description. Customer es nsi ilities 1. Act as liaison between Motorola and third-party vendors or systems as required toestablish interface connectivity with the Motorola system. 2. Provide personnel proficient with and authorized to make changes to the network andthird-party systems to support Motorola's interface installation efforts. 3. Provide network connectivity between PremierOne and the third-party systems. Motorola elive les Contracted interfaces and integration . .2 IntegratiActivities Proprietary processes enable the transfer and receipt of data between Motorola systems asdescribed in the System Description. Motorola es nsi ilities 1. Establish and validate connectivity between the Motorola systems. 2. Validate each system can transmit and/or receive data. Customer es nsi ilities 1. Provide personnel proficient with and authorized to make changes to the network andthird-party systems to support Motorola's integration efforts. 2. Provide network connectivity between the Motorola systems. . . 3 Included Interfaces Motorola will deliver the following interfaces. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-46 Page 383 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A - a a as a as a a a NG-E911 ANI/ALI CAD CAD Server CallWorks 911 Interface I Secti Florida TRaCS Records Records Server TRaCS Crash and I on 7 Accidents Citation —FL (TEG) (Inte Florida TRaCS Records Records Server TRaCS Crash and I rface Citation Citation —FL (TEG) Spec State Query CAD PremierOne COMMON —Suite State B ificati on (FCIC/NCIC) Suite Services Query Doc FireWorks Fire CAD CAD Reporting COMMON —CAD O ume Records CFS Data Outbound FRMS nts) Feed Warehouse provi UCR/IBR Records Records Server COMMON —Records O des Submission State Submission detai Is of LEX FINDER Records Records COMMON— Records O indivi (RDW data out) Reporting Data Data View dual Warehouse interf LexisNexis Records Records COMMON —Records O aces (ATACRAIDS) Reporting Data Data View - (RDW data Warehouse inclu Out) ding: SPIDRTech CAD CAD Reporting COMMON —CAD Data O Data View Warehouse SPIDRTech RMS Records COMMON —Records O Reporting Data Data View Warehouse PowerPhone CAD CAD Client CAD Call Handling — O CACH (PowerPhone) Rip N Run CAD CAD Server COMMON —Tear& Run O diagrams, • Data flows, • Use cases, • Operational Considerations, • Statements of Work citing Motorola and Customer responsibilities. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-47 Page 384 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3.5 Reports and Dashboards . . 1 Reports Motorola will provide SSRS training as described in the training section that allows the Customer to develop the following custom reports against the PremierOne Reporting DataWarehouse (RDW) using Microsoft's SQL Server Reporting Service (SSRS) software. Table 3-1: Custom Reports Using Microsoft's SQL Server Reporting Service Software LEO Assault Form Juvenile Referrals Baker Act Marchman Act Missing Person Affidavit Booking Form Notice to Appear Prisoner Information Sheet Stolen Vehicle Affidavit Victim's Rights/ Marsy's Law Waiver of Prosecution Alcohol Influence Report Animal Citation Death Investigation Field Report Evidence Submittal Witness Statement Witness Statements Solicitor Application Arrest Affidavit Florida IBR Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-48 Page 385 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Motorola esnsi ilities 1. Review existing reports and identify the corresponding data elements in the PremierOneRDW. 2. Provide SSRS Report Builder Training as described in the Training Plan. Customer esnsi ilities 1. Draft and develop final reports. Motorola elive les SSRS Report Builder Training 3.5.2 IliDiscovery The objective of this task is to introduce the functionality available via the Intelligent Data Discovery (IDD) tool. IDD Training will be conducted in accordance with the Training Plan. For CAD: Motorola will review the three (3) standard CAD dashboards and the View Only CAD IDD Bundle for a single agency as described in the System Description, and developtwo (2) customer- defined dashboards as described in the System Description. For Records: Motorola will review the three (3) standard dashboards for a single agency anddevelop two (2) customer-defined dashboards as described in the System Description. This effort will utilize the Customer's existing Microsoft SQL Server licenses and Businesslntelligence tools to configure dashboards and data views using data available from the PremierOne environment. Motorola esnsi ilities 1. Conduct a two (2) day overview/consultation to review standard dashboards and reports. 2. Define and document requirements for the customer-defined dashboards. 3. Create customer-defined dashboards based on a list of 50 graphical elements (maps,charts, gauges, etc.) 4. Install the standard and customer-defined dashboards. (This task will occur during thelDD training course.) Customer esnsi ilities 1. Perform data entry (incident creation, dispatch, disposition, etc.) to confirm sufficientdata exists for reporting. 2. Define requirements for the customer-defined dashboards within thirty (30) days of the overview/consultation. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-49 Page 386 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3. Assign resource(s) that have received the CAD SSRS (Ad hoc) Reporting training toparticipate in the review of the dashboards. 4. Assign resource(s) that have received the Records Ad hoc Reporting training to participate in the initial dashboard consultation and review delivery of the dashboards. Motorola elive le Dashboards (standard and customer-defined) 3.6 System Training The objective of this task is to prepare for and deliver the contracted training. Motorola training consists of both computer-based (on-line) and instructor-led (on-site or remote).Training delivery methods vary dependent on course content. Training is delivered in accordance with the Training Plan. . .1 Learni i 1 " On-line Training) Training is made available to Customer, in part, via Motorola's LXP. This subscription service provides customers with continual access to Motorola's library of on-line learning content and allows your users the benefit of learning at times convenient to them. Content isadded and updated on a regular basis to keep information current. Courses delivered or supplemented by LXP content are described in the Training Plan. Motorola es nsi ilities 1. Initial set up and addition of administrators. 2. Provide instruction to Customer LXP Administrators on: A. Adding and maintaining users B. Adding and maintaining Groups C. Assign courses and Learning Paths D. Running reports Customer es nsi ilities 1. Provide Motorola with names (first and last) and emails of Customer LXP administrators. 2. Provide access to learn ingservices.motorolasolutions.com. 3. Complete LXP Administrator training. 4. Advise users of the availability of the LXP. 5. Add/modify users, run reports, and add/modify groups. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-50 Page 387 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A . .2 Instructor-Led Trai i (On-site and/or Remote) Motorola es nsi ilities 1. Deliver User Guides and training materials in electronic format. 2. Perform training in accordance with the Training Plan. 3. Provide Customer with training Attendance Rosters and summarize any pertinentobservations that may impact end user training. Customer es nsi ilities 1. Supply classrooms with a workstation for the instructor and at least one (1) workstationfor every two (2) students based on the requirements listed in the Training Plan. 2. Designate training representatives who will work with the Motorola trainers in thedevelopment and delivery of training. 3. Facilitate training of all Customer end users in accordance with Customers trainingdelivery plan. Motorola elive les Electronic versions of User Guides and training materials Attendance Rosters . .3 Advanced Confi i The Advanced Configuration Tool (ACT) is an application development tool designed to provide skilled PremierOne Records resources the ability to modify and develop records functionality. Using ACT, trained resources can design the navigation flow for modules anddevelop application components, such as search fields, data grids, default views, and in- module reports. ACT is also used to modify and develop modules in order to provide functionality to support Customer-specific business processes. Unlike configuration or provisioning, development done in ACT creates additional database structures and application code. The skilled resource will be familiar with relational database logic, data types, and understand data theory. The skilled resource must understand the agency's end-to-end business operation, anticipate specific reporting needs, and envision the required inputs tosupport the desired reporting outputs. The Customer representative(s) will attend ACT training. Motorola es nsi ilities 1. Make ACT training available to the Customer. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-51 Page 388 of 1066 City orBoynton Beach pL December 9,2021 Hybrid Solution oo-0orChange Order Exhibits 21'Pa'124218/pLp191267^ Customer Responsibilities 1. Attend the ACT training. Note: ACT changes made to the system outside of those captured in the Operational Design Document should be reviewed with the Motorola Application Specialist. Failure to do so prior tomaking changes using ACT could negatively impact the system and impair Motorola's ability tosupport the system. Motorola Deliverable Advanced Configuration Tool Advanced Configuration Training 3.7 Product rouct VaNN aNon The system is exercised throughout the delivery of the project by both Motorola and thaCustomar via provisioning and training activities. To solidify Customer confidence in thesystern and prepare for live use operation, Motorola will perform prescribed system validations in accordance with a Product Validation Plan. 3.7.1 Product Validation Plan The objective of this series of tasks is to finalize the activities to be conducted in accordancewith the final Project Validation Plan. The Project Validation P|anvviU be finalized following system provisioning activities. The Project Va|idodionP|andasoribasthasoopaandobiactivasofaaohh/paofdamonstration executed by Motorola as well as the techniques used during each type of demonstration and the completion criteria. The Customer may execute their own tests outside the scope of Motorola's demonstration responsibility asdesired. The Product Validation Plan covers the following types ofdemonstrations: * Functional Validation * Interface Validation Motorola Responsibilities 1. Finalize the Project Va|idadonP|anbasadoninformadon0atharadthrou0hout thapr jactkiokoff and provisioning phase ofthe project. 2. Distribute a copy of the plan to the Customer's Project Manager. 3. Review the schedule ofdemonstration activities. 4. Execute the Product Validation Plan inaccordance with the project sohadu|a. Statement orWork Use o,disclosure orthis proposal/ssubject mthe restrictions onthe cover page. °=OT-OHvLAam`""m~a Motorola Solutions � Page 3-52 Page 389Of1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Customer es nsl Illtles 1. Receive the Project Validation Plan. 2. Review the Project Validation Plan activities. 3. Notify the Motorola Project Manager of any items that require discussion. 4. Initiate any desired user testing. Motorola ellver le Product Validation Plan 3.7.2 FunctionalValidation The objective of Functional Validation is to demonstrate the features and functions of the system in the Customers provisioned environment. The functional demonstration may not exercise all functions of the system, if identified as not being applicable to the Customer's operations or for which the system has not been provisioned. The functional demonstration is estimated to span three (3) consecutive business days, on-site, during Customer's regularbusiness hours. The functional demonstration is a critical activity that must occur following the completion of provisioning and no later than the completion of training. Motorola es nsl Illtles 1. Conduct functional validation according to the Functional Validation Plan. 2. Develop a Remediation Plan for features and functions that do not perform preventing 3. Manage the Remediation Plan and coordinate Motorola remediation actions. Note: The Remediation Plan will identify the remediation action and the action owner(Customer or Motorola). Remediation steps may involve provisioning modifications, system configuration changesand or software version update. Customer es nsl Illtles 1. Ensure any and all pertinent resources are present for their specific area ofresponsibility. 2. Witness the functional demonstration and acknowledge its completion. 3. Participate in developing the Remediation Plan. 4. Coordinate and manage Customer remediation actions. Motorola ellver le Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-53 Page 390 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Completed Functional Validation Results Remediation Plan 3.7.3 li i The objective of Interface Validation is to verify that the installed interfaces perform inaccordance with the ISDs as reviewed during the Interface Planning Session. Motorola is not responsible for issues arising from lack of engagement of third-party and/or Customer resources to perform work required to enable/provision and/or configure an interface to a third-party system, or troubleshooting any issues on the Customer's third-partysystems. Interfaces that cannot be tested due to connectivity issues to external systems or the unavailability of Customer's third-party system will be demonstrated to show that Motorola's portion of an interface is enabled to send and/or receive data that supports the ISDs. In suchcases, Motorola demonstrating the elements within Motorola's control will constitute a successful demonstration and completion of the demonstration task. Motorola es nsi ilities 1. Conduct Interface Validation demonstration. 2. Develop a Remediation Plan for anomalies that do not align with the functional itypresented in the ISD. 3. Manage the Remediation Plan and take Motorola remediation actions. Customer es nsi ilities 1. Ensure required resources are present for their specific area of responsibility. 2. Provide access to a resource with access to the interfacing system to validatefunctionality. 3. Witness the execution of the demonstration and acknowledge successful completion. 4. Participate in the documentation of anomalies and work with Motorola to developremediation action(s). 5. Coordinate and manage Customer remediation actions. Motorola elive le - . Completed Interface Validation Results Remediation Plan Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-54 Page 391 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3.7.4 GO LIVE 3.7.4.1 Go Live Planning Motorola will provide support of Customer's efforts with commencing live operation use ofthe system. Motorola resources are supplemental to Customer resources and provide support to Customer trainers and subject matter experts. Customer trainers and subject matter experts are the first line of support to end users in the transition of live operations from the Customer's legacy system to the Motorola system. Motorola will work with the Customer to develop a detailed Cutover Plan. This plan includes the following information: • Motorola and Customer resources and staffing • Pre-cutover tasks/activities to be performed leading up to go live • Readiness review meetings • Contingency/roll-back plans • Go live tasks and responsibilities during and after the live cut • Post live cut support resources and schedules • Issue reporting process • Escalation process • Go Live sign off/approval of each module and interface • Conduct system stress/load testing Motorola es nsl illtles 1. Facilitate meetings with Customer staff to develop and document the Cutover Plan. Customer es nsl illtles 1. Coordinate the participation of Customer technical and operational staff in cutoverplanning and development and documentation of the Cutover Plan. Motorola ellve le Cutover Plan . . 5 Motorola Support Engagement As part of go live planning, the Motorola Project Manager will complete a System Configuration workbook consisting of Customer contact information and information requiredfor remote access to the system. Motorola will schedule a Support Engagement meeting between the Project Manager, Customer Support Manager ("CSM"), Focal Support Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-55 Page 392 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Technician and Customer's project team representatives. The CSM will review the CustomerSupport Plan with the Customer, including the process for obtaining support and contact information. Live In accordance with the Cutover Plan, Motorola and the Customer will begin transitioning the Customer from their legacy system to live operation use of the Motorola system. Motorola will provide on-site support at one (1) communications center in accordance with the Cutover Plan. If resources are desired at multiple communications centers or locations, it willbe addressed via the Change Order provision of the Agreement. The go live event transitions the Customer from an implementation project to a support project under the governance of the Motorola Support organization. Motorola es nsl illtles 1. Work with Customer to schedule the date and time for the go live event. 2. Facilitate the Support Engagement Meeting between the Customer and the MotorolaSupport organization. 3. Execute the Cutover Plan. 4. Provide on-site resources as specified in the Go Live Plan to support Customer's 5. Trainers and SMEs as they provide first level support to end users. Customer es nsl illtles 1. Coordinate the participation of Customer technical and operational staff in cutoverplanning and development and documentation of the Cutover Plan. 2. Identify Trainers and SME's who will serve as first line support to end users during GoLive activities. 3. Manage Go Live activities. 4. Perform and support the cutover activities defined in the Cutover Plan. 5. Inform Customer staff about the Customer Support Plan and the process to contactCustomer Support. 6. Engage Motorola Motorola ellve le Completion of Go Live Activities Documentation As part of project completion, Motorola will validate Customer receipt of electronic copies ofthe following documentation: • User Guides Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-56 Page 393 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • CAD BPR Workbook • Records Operational Review Document • System Administration Guide • System Configuration Workbook • As-Built System Design Documentation As-built system documentation is also archived with the System Support Center along with customer information and access procedures to facilitate efficient response and resolution ofany reported system issues. 3.8 Project Closure - Transition to Support Following the Go-Live Event, the service delivery is complete. Motorola and Customer certifythe Software System Completion milestone and the implementation project is formally closed. As part of the transition, Motorola and the Customer compile a mutually agreed upon punchlist. The system is transitioned to the support phase of the contract per the terms and conditionsof the Maintenance and Support Agreement. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 3-57 Page 394 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 4 Training Plan 4.1 Course Listing The following matrix delineates the classes that have been proposed for the Prem ierOneproduct line. The matrix includes the number of classes per course type, the maximum number of participants per class and the location of each of the classes. Additional class modules may be obtained by the Customer for an additional fee. Motorola Solutions offers in-person on-site, virtual, and Learning eXperience Portal ("LXP")training. Computer-based LXP training is available on demand during the deployment process and for 30 days after live cut. Continued availability of the training module is based on the LXP training package included in the proposal. Hours include Onsite and LXP training. • LXP-P—students must complete LXP prerequisites before attending in-person training. • LXP-C —these training classes are entirely conducted via LXP on demand with no in-person training component. • LXP-R—this training offers refresher components that can be taken on demand after thein- person training is completed. • On-site— in-person training from an on-site instructor conducted at the Custom er'facilities. • Virtual —virtual instructor-led training (class will be recorded and made available forfuture Customer use). Table 4-1: Training Course Listing PremierOne 4 1 4 LXP-P & 32 CAD/Mobile/Records System On-site Administrator(103-0) SSRS Report Builder Training in 6 1 6 LXP-P, On- 32 PremierOne for CAD/Mobile(205- site & LXP- 0) R Intelligent Data Discovery in 6 1 6 LXP-P & 24 PremierOne CAD (206-V) Virtual Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-1 Page 395 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A e - e s PremierOne Records Advanced 6 1 6 On-site 40 Configuration Tool(ACT)Training (303-0) SSRS Report Builder Trainingin 6 1 6 LXP-P, On- 32 PremierOne for Records (305-0) site & LXP- R Intelligent Data Discovery in 6 1 6 LSM-P & 24 PremierOne Records (306-V) Virtual 4.2 Training Overview Motorola considers training to be an extremely important aspect of the system installation and requires working closely with the Customer. Motorola's instructors are certified throughthe Learning and Performance Institute's Trainer Performance Monitoring &Assessment (TPMA) program as well as their Online Learning Facilitators program. Motorola utilizes a Learning eXperience Portal (LXP) for both online and on-site training. The Learning eXperience Portal (LXP) will be demonstrated during the project kick-off. Shortly after kick off the Customer will designate a Customer Training Representative. Thisindividual will be the contact for the Learning eXperience Portal and Motorola trainers. Access to the Learning eXperience Portal will be provided to each Customer PremierOne User. The Customer Training Representative will provide Motorola user names and email addresses so access to the LXP can be completed. The Customer Training Representativeshould be familiar with the Customer's daily operations and must attend (or designate a replacement) each Motorola educational course. Motorola trainers will rely on this representative to be the one point of contact for Motorola staff when policy and procedural questions arise, act as course facilitator, and act as the Customer's educational monitor. The Customer will also identify the personnel who will serve as trainers. These individuals must participate in all the Train-the-Trainer courses. In addition to the skills described below, the Customer's trainers must have prior experience as a classroom instructor and a thorough understanding of the Customer's operations. Other courses will require participants from different areas of the Customer's operations as shown in the individual course descriptions, detailed in Motorola training course descriptions. Motorola will schedule all training at least 60 days prior to the proposed training date. . .1 System Admi i The Customer will appoint a key individual to act as the System Administrator. This individual will be responsible for reporting/verifying problems, completing and maintaining application configuration, and Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-2 Page 396 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A performing system administrative duties such as system back-ups, archives, etc. The designated individual should be proficient in Windows and possess database administration and PC and System knowledge. Motorola strongly recommends that the system administrator(s) be proficient in the prerequisites defined in the document. The Customer is responsible for ensuring that its system administrators are proficient in theprerequisite technologies. These technologies are embedded in the Motorola applications; however, training in these technologies will not be provided by Motorola. Microsoft Technologies • Windows Administration • SQL Server 2017 • SQL Server Reporting Services • System Center 2016 (SCOM) 4.2.2 i ing Facilities and Schedules The Customer shall provide facilities for training courses, which are alcohol and smoke-free.Both the classroom and workshop classes will require a projector that can be connected to aPremierOne System workstation, white-board for instructor's use and shall accommodate student note taking. The workshop format also requires multi-monitor student workstations. Students and instructors will dedicate class time to training and will not be subject to interruptions. At least two days prior to each on-site training course, the instructor shall haveaccess to the training facility and all workstations for setup and workstation configuration. Alltraining will be held at the Customer's site or online utilizing the Learning eXperience Portal;at least two weeks prior to on-site training courses, the customer must supply Motorola with a roster of course attendees and they will be provided access to Pre-Requisite training that must be completed prior to the on-site training course start date. Motorola and the Customershall mutually agree to training schedules to accommodate the Customer's shift operations and other site- specific requirements. Evening courses will end by 11:00 p.m. Weekends andHolidays will not be used as training days. 4.2.2.1 Training Methods and Procedures Motorola offers on-site training and online training both coordinated with the Software Enterprise Learning eXperience Portal. Types of training courses include: • End User Training: Instructor-led classroom training that provides users with instructionon subject matter relevant to their respective role in using and or supporting the PremierOne System. In addition to facilitated discussion, End User training consist workshop elements where needed, to provide hands on demonstration of the material being presented. • Instructor-Led virtual online training using the Learning eXperience Portal. • Online "Anytime" training using the Learning eXperience Portal. Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-3 Page 397 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Students have should a typing proficiency of 25 wpm, knowledge of PCs and Microsoft Windows, and have completed course prerequisites as listed in the course descriptions priorto the classroom training. Designated Motorola Instructors will provide application instruction using several techniquesand materials. • Training Course Agenda: The student handout that outlines the course sequence ofevents including duration, and course modules. • Worksheets, Job-Aids, Quizzes, retention instructional activities. • Evaluations: On the final day of a training class, the students will be asked to completean Instructor Evaluation form. They are optional forms and anonymity is acceptable. • Certificates of Attendance: Students completing the on-site and online classes willreceive Certificates of Attendance. • Attendance Rosters: Customers will provide to the Motorola instructor a roster listing thenames of training participants ten (10) days prior to the start of the course. Instructors will complete Attendance Rosters of actual participants for each day of training • Prerequisite training for on-site courses using the Learning eXperience Portal to providebase knowledge for all students prior to the start of on the on-site class. • Motorola PremierOne User Documentation: An electronic copy of the applicable Motorola Reference Manuals and documentation will be provided prior to training. The Customer is responsible for duplicating and delivering manuals to participating studentsprior to class commencement. . .3 Trai iEnvironment PremierOne has a fully functional second environment that can be used for training. This training environment will enable the Customer's trainers to provide on-going training. This training environment also allows training to continue without interruption of the real timeoperations. Use of the training environment is covered in the Train-the-Trainer classes. Session Motorola is committed to providing a quality training experience and desires that the Customer receives the maximum benefit from each on-site training session. Each training session has been sized to provide the optimal training environment that meets the needs ofthe students in relation to the complexity of the material being presented. Given the nature of the material being presented and the intensity of the training, it is imperative that maximum course numbers not be exceeded. In the event the number of students in attendance exceeds the published maximum number of students and the list of participantsidentified on the training roster, Motorola will take corrective action, ensuring the integrity ofthe session is maintained and the student's ability to learn is protected. Motorola corrective action may include: • Delaying the start of training until the number of students in attendance is in line with the maximum number of students allowed for the session. Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-4 Page 398 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • Splitting the class into multiple sessions. In such a case, the Customer will be charged for multiple occurrences of the class plus additional expenses, including travel related expenses, incurred by Motorola Solutions. • Delaying the classroom training until the Prerequisite training has been completed in theLXP by each learner. 4.2.5 i iRequirements The LXP is accessed via internet browser. Motorola will set up an individual instance of theLearning eXperience Portal, known as an organization. This provides autonomy to the agency utilizing LXP. Accounts to access the LXP are created for each learner using their Email address. All learners accessing LXP content must have their own account in the LXP. A learner will needto have access to the internet via workstation, laptop, tablet, or smartphone to access learning. Customer LXP Administrators will be given the ability to build Groups, a more granular segmentation of the LXP that is generally utilized to separate learners of functions (i.e. dispatchers, call takers, patrol, firefighter). One learner can be assigned to multiple groups ifnecessary. Learners can be assigned a Learning Path, a collection of courses that include Iikeminded courses. In most cases audio accompanies visual display; speakers or headsets are recommended to utilize full functionality of the LXP. Course assessment evaluations are also accessed viathe LXP. Access to these evaluations in the classroom is suggested. 4.2.5.1 LXP Learner Subscription Package Learner-level subscriptions have been included for 250 personnel who are expected to be users of one or more products. Customer resources will have access to the LXP training materials during deployment and as long as the post-live subscription is maintained during the warranty/maintenance period. Learner level subscriptions allow access to all materials available for the applications included in this Training Plan. A Learner level subscription thatallows the Customer to create their own content is available at an additional cost. 4.3 Course Descriptions The following tables provide detailed descriptions of training courses that will be provided aspart of the system at the location indicated. Table 4-2: PremierOne CAD/Mobile/Records System Administrator Training (103-0) milim 11 al Course ❑ PremierOne System Administration Guide Materials: ❑ Course Outline Location: Customer's facility Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOI Page 4-5 Page 399 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A :Boom Duration: Up to 24 hours over three consecutive business days Participants: System Administrators - personnel responsible for the day-to-day management of the system. Class Size: Maximum of four(4)students Prerequisite: ❑ LXP pre-class testing to determine if the student has the appropriateskill levels ❑ LXP prerequisite training courses ❑ Knowledge of customer site network, IT policies, and operations. ❑ Microsoft proficiency as defined in the Prerequisites Section. Environment ❑ Each workstation or device used for LXP prerequisites must havean internet Setup: connection ❑ Instructor's workstation(s)with network connection to the PremierOne servers ❑ Projector ❑ White board (if possible) Table 4-3: SSRS Report Builder Training in PremierOne CAD/Mobile (205-0) Course SSRS Training Guide Materials: Location: Customer's facility Duration: Up to 24 hours over three consecutive business days Participants: Personnel who will create custom reports Class Size: Maximum of six (6)students Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-6 Page 400 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Prerequisite: Class participants must have some knowledge/experience of creating "ondemand" reports. Class participants should have experience working with relational database structures as well as writing and understanding transact SQLcode. Environment Student Workstations: Setup: ❑ One (1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. Windows 7, 8.1, 10; Windows Server 2008 R2, 2012, 2012R2 Microsoft Edge (+) Preferred Microsoft Internet Explorer 10 or11 Google Chrome (+) Mozilla Firefox (+) ❑ Microsoft SQL Server Reporting Services installed, configured, andworking. ❑ Microsoft Report Builderinstalled. Optional: ❑ SQL Server Management Studio on each Student Workstation ❑ One (1)CAD Client for the class is preferred in the case data entry needsto take place in order to report against. System Requirements: ❑ Data pre-exists in the Reporting Data Warehouse (data istypically propagated during the training courses.) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Table 4-4: Intelligent Data Discovery in PremierOne CAD (206-V) Course Reporting and Analytics Intelligent Data Discovery Training Guide Materials: Location: Virtual Duration: Up to 24 hours over three consecutive business days. Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-7 Page 401 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Participants: Personnel who will be responsible for building Business Intelligence Dashboards and reports used for statistical analysis. Class Size: Maximum of six (6)students Prerequisite: ❑ Successful completion of(205-0)-SSRS Reporting Trainingfor PremierOne CAD. ❑ Experience in creating Reports using Microsoft SQL ServerReporting Services. ❑ Familiarity with T-SQL statements for querying data within a SQLServer database ❑ Completion the PremierOne- CAD Reporting - Introduction to IntelligentData Discovery course available on the LXP. Environment Student Workstations: Setup: ❑ One (1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. o Windows 7, 8.1, 10; Windows Server 2008 R2, 2012, 2012 R2 o Microsoft Edge (+) Preferred o Microsoft Internet Explorer 10 or 11 o Google Chrome (+) o Mozilla Firefox (+) ❑ Microsoft SQL Server Reporting Services installed, configured, andworking. ❑ Microsoft Report Builder Installed. ❑ All Training workstations installed with SQL Server Management Studio. System Requirements: ❑ Existing data in the DHStoreAnalysis (data is typically propagated duringthe TTT course) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-8 Page 402 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Table 4-5: PremierOne Records Advanced Configuration Tool (ACT) Training (303-0) Course ❑ PremierOne Records Advanced Configuration Guide Materials: ❑ Course Outline Location: Customer's facility Duration: 40 hours Participants: Personnel responsible for system configuration Class Size: Maximum of four(4)students Prerequisite: Knowledge of current Records application and customer operations.Participants should have a working knowledge of computer systems.Database knowledge is preferable. Environment ❑ A workstation for each participant with network connection Setup: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) NOTE: This training will include hands on work with the on-site trainer to help configure the application. Not all configuration may be accomplished duringclass, so please allow additional time after the end of training in order to configure the application further. This class is not an extension of the PremierOne Records Provisioning class, and requires an advanced level ofexpertise. Table 4-6: SSRS Report Builder Training in PremierOne Records (305-0) Course SSRS Training Guide Materials: Location: Customer's facility Duration: Up to 24 hours over three consecutive business days Participants: Personnel who will create custom reports Class Size: Maximum of six (6)students Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-9 Page 403 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Prerequisite: ❑ Class participants must have some knowledge/experience of creating"on demand" reports ❑ Class participants should have experience working with relational database structures as well as writing and understanding transact SQLcode. Environment Student Workstations: Setup: ❑ One (1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. o Windows 7, 8.1, 10; Windows Server 2008 R2, 2012, 2012 R2 o Microsoft Edge (+) Preferred o Microsoft Internet Explorer 10 or 11 o Google Chrome (+) o Mozilla Firefox (+) ❑ Microsoft SQL Server Reporting Services installed, configured, andworking. ❑ Microsoft Report Builderinstalled. Optional: ❑ SQL Server Management Studio on each Student Workstation System Requirements: ❑ Data pre-exists in the DHStoreAnalysis (data is typically propagatedduring the training courses.) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Table 4-7: Intelligent Data Discovery (IDD) Training in PremierOne Records (3064) CourseMaterials: Reporting and Analytics Intelligent Data Discovery Training Guide forRecords Location: Virtual Duration: Up to 24 hours over two consecutive business days. Participants: Personnel who will create Business Intelligence Dashboards or reportsused for statistical analysis Class Size: Maximum of six (6)students Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-10 Page 404 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Prerequisite: ❑ Successful completion of(305-0)- SSRS Reporting Trainingfor PremierOne Records. ❑ Experience in creating Reports using Microsoft SQL ServerReporting Services. ❑ Familiarity with T-SQL statements for querying data within a SQLServer database Environment Student Workstations: Setup: ❑ One (1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems and Browsers supported for the web portal. 0 ❑ Microsoft SQL Server Reporting Services installed, configured,and working. ❑ Microsoft Report Builder Installed. ❑ All Training workstations installed with SQL Server Management Studio. System Requirements: • Existing data in the DHStoreAnalysis (data is typicallypropagated during the TTT course) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOR DLA SOLUTIONS Page 4-11 Page 405 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 5 Standard Reports This table contains a list of some of the standard reports that are provided with PremierOne CAD. 41��I`,ii ia�� +• • �1Ptl 1 f I�f�i'i''�fl �I{ fi { 9' d lil'! P ' �3���iIN 111 IN Abandoned CallSummary Date Range, Provides the time the abandoned call record was Disposition,User ID, created, the trunk/line on which the call was Phone Number received,the phone number of the caller, Disposition, elapsed time of the call, the call taker's User ID andWorkstation ID. Average Response Times Date Range, Agency Provides Average Response times (At Scene - by Incident Type Incident Create Time) by Incident Type. BOLO Messages Date Range, Sender Provides a record of BOLO Messages sent: Sender Agency ID, Device ID, ID, Device ID, Sent On, Recipient(s), Size, Status, Sender ID, Group By Attachments. Ability to view content (Details). (Agency-, Device-, SenderlD) Drill down for the following: BOLO Message N/A Provides a list of BOLO Message attachments: Attachments Sender ID, Sent On, Recipients, Attachment Name, and Size BOLO Message Detail N/A Lists all fields of BOLO messages, organized by Report Summary, Subject and Vehicle information Calls For Service Date Range (Year) Lists the E911 Call Count, by month for year(s). Drill down for the following: Calls For Service Daily N/A Lists the E911 call count, daily for month. Calls For Service Hourly N/A Lists the E911 call count, hourly by day of week. Calls For Service Weekly N/A Lists the E911 call count, by week for each month. ChangeAccountPassword N/A Provides a list of account password change Report incidentsand whether they were a success or a failure. Standard Reports MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5-1 Page 406 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Path Name /CALEA/CFS Bias Based Profiling CFS Bias Based Profiling /CALEA/CFS Bias Based Profiling Detail CFS Bias Based Profiling Detail /CALEA/Citations Bias Based Profiling Citations Bias Based Profiling /CALEA/Citations Bias Based Profiling Detail Citations Bias Based Profiling Detail /CALEA/CR Force Level CR Force Level /CALEA/CR Force Level Details CR Force Level Details /CALEA/Field Interview Bias Based Profiling Field Interview Bias Based Profiling /CALEA/Field Interview Bias Based Profiling Detail Field Interview Bias Based /Case Management/Case Workload by Agency Profiling DetailCase Workload by Agency /Case Management/Case Workload by Group Case Workload by Group /Case Management/Case Workload by Personnel Case Workload by Personnel /Case Management/Case Workload by Personnel Case Workload by Personnel Details Details /CFS/CFS by Area CFS by Area /CFS/CFS by Area Details CFS by Area Details /CFS/CFS by Period CFS by Period /CFS/CFS by Period Details CFS by Period Details /CFS/CFS by Personnel CFS by Personnel /CFS/CFS by Personnel Details CFS by Personnel DetailsCitations by Area /Citations/Citations by Area /Citations/Citations by Area Details Citations by Area Details /Citations/Citations by Period Citations by Period Citations by Period Details /Citations/Citations by Period Details /Citations/Citations by Personnel Citations by Personnel /Citations/Citations by Personnel Details Citations by Personnel DetailsCR by Area /CR/CR by Area /CR/CR by Area Details CR by Area Details /CR/CR by Period CR by Period /CR/CR by Period Details CR by Period Details /CR/CR by Personnel CR by Personnel /CR/CR by Personnel Details CR by Personnel Details /Field Interview/FI by Period FI by Period /Field Interview/FI by Period Details FI by Period Details /Field Interview/FI by Personnel FI by Personnel /Field Interview/FI by Personnel Details FI by Personnel Details /JMS/Arrestees Being Processed Arrestees Being Processedlnmate Process Req /JMS/Inmate Process Req Standard Reports MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5-2 Page 407 Of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A /Template/Lan ds cape ListTableTemplate LandscapeListTableTem plate /UCR/AdultArrest AdultArrestArson /UCR/Arson /UCR/HateCrime HateCrime Standard Reports MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5-3 Page 408 Of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 6 Bill of Materials Network Hardware Extreme Networks Summit X620-16t switch 2 Extreme Networks Summit X460-48 OOB switch 1 PremierOne Fortigate FG-501E Firewall Device 2 PremierOne FortiGate A C Power Supply for FG-300/301 E AND FG- 2 5001501E Other Hardware and PremierOne Cable RJ-45(M) to RJ45(M) STP 2.44M CA T6a BLUE 2 Software PremierOne Cable RJ-45(M)to RJ45(M) UTP 2.44M CAT6a AQUA 8 PremierOne Cable RJ-45(M)to RJ45(M) UTP 2.44M CAT6a BLACK 4 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a BLUE 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a AQUA 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a BLACK 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CA T6a 10 ORANGE PremierOne Cable RJ-45(M) to RJ45(M) UTP 30.5cm CAT6a BLUE 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 15.2cm CA T6 RED 1 PREMIERONE 10GBASE50CM TWINAXIAL CABLE 6 Lantronix UDS1100 (one required for each 911 interface) 2 Microsoft SQL Server Enterprise 2017 4 Core ENT Base Lic 3 Microsoft SQL Server Standard 2017 4 Core STN Base Lic 5 Microsoft®SysCtrDatacenter 2016 2 Core Base and Add Lic 36 Microsoft®SysCtrDatacenter 2016 2 Core Add Lic Maintenance 36 Server Hardware and PremierOne HPE 42U Enterprise 800mm wide rack, with Console, 1 Software KVM Switch, and monitored PDUs Panduit cable strain relief bar for PremierOne 4 PremierOne HPE DL360 Gen10 Host Server 3 PremierOne HPE DL360 Gen 10 Monitor Server 1 VMWare vSphere 6 Ent+ CPU 7 VMWare vCenter 6 Std 1 VM, Monitoring and ADC SW SolarWinds Network Performance 1 Monitor SL250 License Bill of Materials MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 6-1 Page 409 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 777F'5 VM, Monitoring and ADC SW SolarWinds NetFlow Traffic Analyzer 1 SL250 License BIG-IP LTM 1 G Load Balancer 2 Storage Hardware and Storage Nimble Storage HF20 SAN 21 TB RAW 21x1 TB HDD+ (3.6TB 1 Software flash) iSCSI BUNDLE Storage HP StoreOnce 3520 1 PremierOne CAD PremierOne CAD Server License (Primary) 1 Software PremierOne CAD Dispatch (CAD Client and Mapping) 7 PremierOne CAD Low Use Client License mapping (Per Concurrent 2 User) PremierOne AVL Vehicle Tracking Module License 1 PremierOne Mobile i PremierOne Mobile Server License (Primary) 1 Software PremierOne Mobile Windows Client Per Device License (1-50 units) 32 PremierOne Records PremierOne Records Tier 2 Server License (51 to 500 users) 1 Software PremierOne Records Client License 51 PremierOne Mobile Records Client License 32 Property& Evidence 1 Advanced Configuration Tool 1 Premier0ne Software PremierOne Query Service Server License 1 PremierOne GIS Editing Client Plug-In License 1 PremierOne CAD&Mobile Reporting Service Server License 1 PremierOne Records Reporting Service Server License 1 PremierOne Mapping Server License 2 Bill of Materials MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 6-2 Page 410 Of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 7 Interface Specification Documents Interface documents follow this page. is. oilliiilllliiiillllllIIIIIIIIIIIIIIIIIII Y •Mee NG-E911 ANI/ALI CAD CAD Server CallWorks 911 Interface I Florida TRaCS Records Records Server TRaCS Crash and I Accidents Citation —FL (TEG) Florida TRaCS Records Records Server TRaCS Crash and I Citation Citation —FL (TEG) State Query CAD PremierOne COMMON —Suite State B (FCIC/NCIC) Suite Services Query FireWorks Fire CAD CAD Reporting COMMON —CAD O Records CFS Data Outbound FRMS Feed Warehouse UCR/IBR Records Records Server COMMON —Records O Submission State Submission LEX FINDER Records Records COMMON —Records O (RDW data out) Reporting Data Data View Warehouse LexisNexis Records Records COMMON —Records O (ATACRAIDS) Reporting Data Data View - (RDW data Warehouse Out) SPIDRTech CAD CAD Reporting COMMON —CAD Data O Data View Warehouse SPIDRTech RMS Records COMMON —Records O Reporting Data Data View Warehouse PowerPhone CAD CAD Client CAD Call Handling — O CACH (PowerPhone) Rip N Run CAD CAD Server COMMON —Tear& Run O Interface Specification Documents MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 7-1 Page 411 of 1066 MOTOROLA SOLUTIONS Prem'i'erOne TM CAD Callworks 911 Interface INTERFACE SPECIFICATION DOCUMENT Version 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 412 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-3 1.5 User Experience................................................................................................................................ 1-3 1.6 Use Cases.......................................................................................................................................... 1-3 Section 2 OperationalConsiderations................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOneTM CAD-Callworks 911 Interface Motorola Solutions Confidential Restricted Tah,.p6C'pnfeipts 6f 1 066 Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne CAD CallWorks 911 Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows Automatic Number Identification(ANI)and Automatic Location Identification(ALI) information to be passed from the CallWorks 911 system to PremierOne CAD,so call takers have the essential data to initiate a call. When the CallWorks 911 system receives the ANI/ALI data feed from the provider,it passes it to PremierOne CAD. When the call is picked up by a call taker,the call handling system determines the call taker position and routes the parsed data to the associated PremierOne CAD Workstation,where the data is displayed in the Incident Initiation form. The Telecommunications Device for the Deaf(TDD)interface allows TDD information to be passed from the CallWorks 911 system to PremierOne CAD,so call takers can save the conversation transcript with its associated incident. When the call taker receives a call from a TDD Adaptor,the call handling system sends the message to the associated PremierOne CAD Workstation. Each time the caller or call taker transmits data via the TDD interface,the TDD system sends the message containing that portion of the conversation to PremierOne CAD. At the conclusion of the call,the TDD system is required to send a disconnect message to PremierOne CAD.This triggers PremierOne CAD to prompt the call taker to specify the incident to associate with the conversation. Figure 1-1 shows the connectivity and primary data flow across the system. PremierOneTM CAD-CallWorks 911 Interface Motorola Solutions Confidential Restricted InterfaceF99@6tz d-bf 1 066 Interface Specification Document Prern erOne CAD Workstation Pro ier ne'CAD PhPln r sa f r Cit]W4 ii `lion fi t Pteraior no CAD ar L se ALI— +ur Figure 1-1.Calfforks 911 Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. 1.3 DATAEXCHANGE The CallWorks 911 system communicates with PremierOne via TCP/IP over the customer network. The Interface in PremierOne CAD is configured to accept,parse and store the ANI/ALI data from the CallWorks 911 system. P17on Vendor A@i Datlana CaIl rks 911 PromiarOne CAD Pramiar CAD Stent Server client I I 1 f I ALS ' I f I AP1AU I I I 1 I�—Cad tat_l I I 1 I f I I 1 I f I I 1 I f I I 1 I f Figure 1-2.Calfforks 911 Data Flow Diagram PremierOneTM CAD-CallWorks 911 Interface 1-2 Inteiface Description Motorola Solutions ConfidentzaM66'61 1 f 1066 Interface Specification Document Phone Vendor [CallWorks9ll tPrem�ier=Ona CAD TDD Application Premier0no CAD System Samar ti— Client r—'SDE)corwenation �Conwersaban Menage__*4 jCP/IPJ IAC Mev�ap--Oj I Ducanned.Meniage. (TCP/IP) CaM mwiatioll—A� Figure 1-3.Calfforks TDD Data Flow Diagram 11 T 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE 911 Call User Experience When a 911 call is answered,the ANFALI information is passed to the PremierOne CAD client. The system will automatically populate the Incident Initiation form or the user can request a manual refresh using shortcut keys(i.e. Shift+F11). TDD User Experience Upon completion of a TDD call,the PremierOne CAD user can associate the conversation transcript to an incident,by selecting the TDD item in the Utilities menu and specifying an incident number. The PremierOne CAD user can then view the conversation in the Comments field or in the History tab of the incident. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface. They provide traceability for the Test Cases in the Interface Test Procedure. PremierOneTM CAD-CallWorks 911 Interface Motorola Solutions Confidential Restricted InteiJace F99@611 d-bf 1066 Interface Specification Document Table 1-1.Use Cases UC-01 PremierOne system can populate Incident Initiation form with ANFALI data. UC-02 PremierOne system can display services for correctly formatted messages for all classes of service that are provided by the customer phone vendor. UC-03 PremierOne user can populate Incident Initiation form with ANI/ALI data using shortcut keys. UC-04 PremierOne system can place ALI data in CAD Incident Queue,when user is working on an active incident. UC-05 PremierOne system can process re-bid request for wireless call. UC-06 PremierOne user can associate a TDD conversation to an incident. UC-07 PremierOne user can view the TDD conversation of an incident. PremierOneTM CAD-CallWorks 911 Interface 1-4 Inteiface Description Motorola Solutions ConfidentzaM66'611 f 1066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS • 1 CONNECTIVITY Connectivity needs to be established between PremierOne CAD and CallWorks 911 over the Customer Enterprise Network,using TCP. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. If ALI data is not available for a call,the system will display one of the following messages in the ALI data field • No communication with database • No information available • ALI receive error,press RTX • Conversion NPA-NPD error • 3 SECURITY There are no additional security requirements for the Interface,beyond the standard implementation for PremierOne CAD. • 4 PERFORMANCE There are no explicit performance requirements for the Interface. • 5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne CAD. •6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in CallWorks 911 or Customer Enterprise Network,which might affect the Interface. PremierOneTM CAD-CallWorks 911 Interface Motorola Solutions Confidential Restricted Operational CopzR'�c 041 d-'of 1066 Interface Specification Document Customer is responsible for keeping the reference data synchronized between PremierOne and CallWorks 911 system. Customer is responsible for regularly purging data and files from the servers and maintaining optimal system performance. New 911 and TDD positions and PremierOne CAD Workstations will need to be provisioned in PremierOne CAD. PremierOneTM CAD-Callworks 911 Interface 2-2 Operational Considerations Motorola Solutions Confidentia %'6tey 1 f 1 066 Interface Specification Document SECTION 3 STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding CallWorks 911 system IPs,the network routing of CallWorks data to PremierOne CAD through the customer network and mapping of the ANI/ALI data to PremierOne fields. b) Implement the Interface. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Procure all customer third-party licenses and API documentation,as required. e) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. fl Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. g) Witness the functional demonstration of the Interface. h) Protect the Enterprise Network against unauthorized access. i) Provide secure connections between PremierOne and CallWorks 911. PremierOneTM CAD-CallWorks 911 Interface Motorola Solutions Confidential Restricted StaterT%4� ,,4�d-'of 1 066 Interface Specification Document J) Manage customer third-parry responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. k) Manage communication between Motorola Solutions and Customer third-parry,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Establish network connectivity between the CallWorks 911 system and Customer PremierOne CAD for the Interface. Establish network connectivity between CallWorks 911 Workstations and Customer PremierOne CAD Workstations for TDD interface. Provision PremierOne CAD Workstations and 911 positions in Customer/Motorola Solutions PremierOne CAD to match the existing 911 call taking positions. Provision CallWorks 911 Workstations and PremierOne CAD Customer/Motorola Solutions Workstations for TDD interface. Configure the Interface in PremierOne CAD. Motorola Solutions Configure TDD interface in PremierOne CAD. Motorola Solutions Enable the TDD functionality on PremierOne CAD Workstations. Motorola Solutions PremierOneTM CAD-CallWorks 911 Interface 3-2 Statement of Work Motorola Solutions Conf dentia d'6te 2 f 1 066 MOTOROLA SOLUTIONS Prem'i'erOne Tm Records TraCS C'i'tat'i'on and Crash Interface INTERFACE SPECIFICATION DOCUMENT Version 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 422 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................. 1-14 1.5 User Experience.............................................................................................................................. 1-14 1.6 Use Cases........................................................................................................................................ 1-14 Section 2 OperationalConsiderations................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted Tah,.p6C-428 6f 1 066 <CUSTOMER NAME> Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne Records TraCS Citation and Crash Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne Records to receive crash and citation data from the TraCS application. PremierOne uses this information to create accident and citation document in Records system,and make the data available for querying and reporting from within the PremierOne Records client. The TraCS application provide the crash and citation data in the agreed upon format on the TraCS File Server. The PremierOne Common Services Interface(CSI)will use this data to create the Accident and Citation Document,and place it in the Records pipeline. The PremierOne Records system will handle the processing of the document in the Records system. Figure I-I shows the connectivity and primary data flow across the system. TraCS application server — — — Prean ierOne Records Server } Com,mon Services Pre rnierOne Records PremierOne Records 1 File Sham Interface�CSQ Server Clent — — — — — — — — - - Figure 1-1.TraCS Citation and Crash Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted InterfaceF99@6tz d-bf 1 066 Interface Specification Document <CUSTOMER NAME> 1.3 DATAEXCHANGE Accident and Citation data will be made available to the PremierOne Records environment through a data push by TraCS to a File Server containing one directory for accident documents and another directory for citation documents. (Each directory will have a failed and success sub directory). Prior to the push, TraCS will perform the transformation of TRACS accident and crash report data to a properly formatted PremierOne.xsd schema. The Motorola Common Services Interface will be used to poll the accident and citation directories on the File Server for the existence of new files. The file will then be imported into PremierOne Records. Upon successful importing of the accident and citation documents,a copy of each respective document file will be placed in the success sub directory of each respective report. If an import failure should occur,a copy of each respective document file will be placed in the failed sub directory of each respective report. If a failure occurs in the importation process,no document will be created within the PremierOne Records environment.In addition,a SQL log will be written to the DHStore.dbo.QueueErrorLog table and an error log will be written to the Windows Server Application Logs. Data Elements TRACS element PremierOne Data Type Length Format Notes Attribute FormType String I L', 'S', 'U' Needs to be added to XSD CrashDateTime Acc.Doc.CrashD datetime datetime ate+ Acc.Doc.CrashTi me ReportDate date Needs to be added to XSD AgencyCaseNum Acc.Doc.StateCa String 20 Need to verify ber seldentifier HSMVReportNu Integer I Need to verify if mber this report number is the same as CAD Incident Number CountyCity Integer Needs to be added.This is actually 3 TRACS elements: County Code, City Code, County, City or Place PremierOneTM Records TraCS Citation and Crash Interface 1-2 Inteiface Description Motorola Solutions Confidentza�'66'6te42f 1066 <CUSTOMER NAME> Interface Specification Document WithinCityLimits Integer `1' =yes '2' = no TimeReported Acc.Doc.PoliceN datetime there is a otifiedDate simple t TimeDispatched datetime Needs to be added to XSD TimeOnScene datetime Needs to be added to XSD TimeClearedScen datetime Needs to be e added to XSD InvestigationCom `1' =yes '2' = no Needs to be plete added to XSD Reason Investigati String 60 Needs to be onComplete added to XSD Notified By Integer 1 = Motorist 2= Law Enforcement StreetName Acc.Doc.OnStre String 50 etName StreetNumber Needs to be added to XSD Latitude Acc.Doc.Latitud Decimal e Longitude Acc.Doc.Longitu Decimal de OffsetFeet Acc.Doc.FtFroml Decimal ntersection OffsetMiles Decimal Needs to be added to XSD. Not able to determine simpleType OffsetDirection Acc.Doc.0nits.It Need to ask em.DirectionOfT definition to ravel confirm IntersectingStree Acc.Doc.Intersec String 50 tName tingStreetl PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted InterfaceF99id612d-bf 1066 Interface Specification Document <CUSTOMER NAME> RoadSystemldent Acc.Doc.0nits.It Integer 1 1 = Interstate ifier em.TrafficwayD 2 = U.S. escription 3 =State 4=County 5 = Local 6= Turnpike/Toll 7 = Forest Road 8= Private Roadway 9 = Parking Lot 77=Other, Explain in Narrative TypeofShoulder Acc.Doc.Surface Integer 1 1 = Paved Type 2 = Unpaved 3 = Curb TypeOflntersecti Acc.Doc.Intersec Integer 2 1 = Not at on tionType Intersection 2 = Four-Way Intersection 3 =T- Intersection 4=Y- Intersection 5 =Traffic Circle 6= Roundabout 7 = Five-Point or More 77=Other, Explain in Narrative GeocodeclLocatio Needs to be n added to XSD. This includes 9 elements from ctGeoCodedloc ation.xsd PicturesTaken Integer 1 1 =yes 2= no Needs to be added to XSD PremierOneTM Records TraCS Citation and Crash Interface 1-4 Inteiface Description Motorola Solutions ConfidentzaM66'61 2 f 1066 <CUSTOMER NAME> Interface Specification Document LightCondition Acc.Doc.LightCo Integer 2 1 = Daylight nditions 2 = Dusk 3 = Dawn 4= Dark- Lighted 5 = Dark- Not Lighted 6= Dark- Unknown Lighting 77=Other, Explain in Narrative 88= Unknown WeatherCodition Acc.Doc.Weathe Integer 2 1 =Clear rConditions 2 =Cloudy 3 = Rain 4= Fog, Smog, Smoke 5 = Sleet/Hail/Freez ing Rain 6= Blowing Sand, Soil, Dirt 7 =Severe Crosswinds 77=Other, Explain in Narrative RoadwaySurface Acc.Doc.Roadwa Integer 2 1 = Dry Condition ySurfaceConditi 2 =Wet on 4= Ice/Frost 5 =Oil 6= Mud, Dirt, Gravel 7 =Sand 8=Water (standing/movi ng) 77=Other, Explain in Narrative 88= Unknown PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted InterfaceF99@6128-b f 1 066 Interface Specification Document <CUSTOMER NAME> SchoolBusRelate Acc.Doc.SchoolB Integer 1 1 = No d usRelated 2 =Yes, School Bus Directly Involved 3 =Yes, School Bus Indirectly Involved MannerOfCollisio Acc.Doc.Manner 2 1 = Front to n OfCrash Rear 2 = Front to Front 3 =Angle 4=Sideswipe, Same Direction 5 =Sideswipe, Opposite Direction 6= Rear to Side 7 = Rear to Rear 77=Other, Explain in Narrative 88= Unknown FirstHarmful Even Acc.Doc.FirstHar 2 1 =On Roadway t mfulEvent 2 =Off Roadway 3 =Shoulder 4= Median 6=Gore 7 =Separator 8= In Parking, Lane or Zone 9 =Outside Right-of-way 10= Roadside 88= Unknown FirstHarmful Even 2 1 =On Roadway Need to add tLocation 2 =Off XSD Roadway 3 =Shoulder 4= Median 6=Gore 7 =Separator 8= In Parking, Lane or Zone 9 =Outside Right-of-way PremierOneTM Records TraCS Citation and Crash Interface 1-6 Inteiface Description Motorola Solutions ConfidentzaM66'61 2 f 1066 <CUSTOMER NAME> Interface Specification Document 10= Roadside 88= Unknown FirstHarmful Even Integer 2 1 = No Need to add tWithinlnterchan 2 =Yes XSD ge 88= Unknown FirstHarmful Even Acc.Doc.Locatio Integer 2 1 = Non- tRelationToJuncti nOfFheRelativeT Junction on oTrafficway 2 = Intersection 3 = Intersection- Related 4= Driveway/Alley Access Related 5 = Railway Grade Crossing 14= Entrance/Exit Ramp 15=Crossover- Related 16=Shared- Use Path Or Trail 17= Acceleration/De celeration Lane 18=Through Roadway 77=Other, Explain in Narrative 88= Unknown PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted InterfaceF9gidttind-Of 1 066 Interface Specification Document <CUSTOMER NAME> ContributingCircu Acc.Doc.0nits.It Integer mstancesRoad em.MVContribu tingCircumstanc e1 ContributingCircu Acc.Doc.Environ Integer 2 1 = None mstancesEnviron mentCircumstan 2 =Weather ment cesl Conditions 3 = Physical Obstruction(s) 4=Glare 5 =Animal(s) in Roadway 77=Other, Explain in Narrative 88= Unknown WorkZoneRelate Acc.Doc.WorkZo Integer 2 1 = No d neRelated 2 =Yes 88= Unknown CrashlnWorkZon Acc.Doc.Locatio Integer 1 1 = Before the e nOfCrash First Work Zone Warning Sign 2 =Advance Warning Area 3 =Transition Area 4=Activity Area 5 =Termination Area TypeOfWorkZone Acc.Doc.TypeOf Integer 2 1 = Lane WorkZone Closure 2 = Lane Shift/Crossover 3 =Work on Shoulder or Median 4= Intermittent or Moving Work 77=Other, Explain in Narrative WorkerslnWorkZ Acc.Doc.Worker Integer 2 1 = No one sPresent 2 =Yes 88= Unknown PremierOneTM Records TraCS Citation and Crash Interface 1-8 Inteiface Description Motorola Solutions ConfidentzOM66'6 3 f 1066 <CUSTOMER NAME> Interface Specification Document LawEnforcementl Acc.Doc.LawEnf Integer 1 1 = No nWorkZone orcementPresen 2 =Officer t Present 3 = Law Enforcement Vehicle Only Present Witnesses Need to ask question. Not able to find ctWitnesses complextype (There is a ctWitness complextype) PropertiesDamag Need to ask ed question. Not able to find ctPropertiesDa maged complextype (There is a ctPropertyDam aged complex type) Vehicles Need to ask question. Not able to find ctVehiclescompl extype (There is a ctVehicle complextype) NonMotorists ctNonMotorist NonMotorists/Ph Acc.Doc.People. String 20 ctNonMotorist/ one Item.Phone ctPerson NonMotorists/Da Acc.Doc.People. date ctNonMotorist/ teOfBirth Item.DOB ctPerson NonMotorists/Ge Acc.Doc.People. Integer 2 1 = Male nder Item.Sex 2 = Female 88= Unknown NonMotorists/Dr Acc.Doc.People. String 20 ctNonMotorist/ iverLicense Item.DriversLice ctPerson/ctDriv nseNo erLicense PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted InterfaceF99idtt4"3 j-bf 1 066 Interface Specification Document <CUSTOMER NAME> NonMotorists/Inj Acc.Doc.People. Integer 1 1 = None ctNonMotorist/ urySeverity Item.I nju ryStatu 2 = Possible ctPerson s 3 = Non- Incapacitating 4= Incapacitating 5 = Fatal (within 30 days) 6= Non-Traffic Fatality NonMotorists/Lo Acc.Doc.People. Integer 2 1 = Intersection ctNonMotorist/ cationATimeOfCr Item.NonMotori - Marked ctPerson ash stLocationTime Crosswalk OfCrash 2 = Intersection - Unmarked Crosswalk 3 = Intersection -Other 4= Midblock- Marked Crosswalk 5 =Travel Lane- Other Location 6= Bicycle Lane 7 = Shoulder/Roads ide 8=Sidewalk 9 = Median/Crossin g Island 10= Driveway Access 11=Shared Use Path Or Trail 12= Non- Trafficway Area 77=Other, Explain in Narrative 88= Unknown NonMotorists/Sa Acc.Doc.People. Not able to find fetyEquipment Item.NonMotori ctSafetyEquipm ctSafetyEquipm ent.Am able to entl find ctSafetyEquipm entltem PremierOneTM Records TraCS Citation and Crash Interface 1-10 InteifaceDescription Motorola Solutions Confidentia %'61 3 f 1066 <CUSTOMER NAME> Interface Specification Document NonMotorists/Ac Acc.Doc.People. Integer 2 1 =Crossing tionPriorToCrash Item.NonMotori Roadway stActionCircums 2 =Waiting to tancePriorToCra Cross Roadway sh 3 = Walking/Cycling Along Roadway With Traffic (in or adjacent to travel lane) 4= Walking/Cycling Along Roadway Against Traffic (in or adjacent to travel lane) 5 = Walking/Cycling on Sidewalk 6= In Roadway -Other (working, playing, etc.) 7 =Adjacent to Roadway(e.g. shoulder, median) 8=Going to or from School (K- 12) 9 =Working in Trafficway (incident response) 10= None 77=Other, Explain in Narrative 88= Unknown PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted Interface ft 110433 6 f 1 066 Interface Specification Document <CUSTOMER NAME> NonMotorists/N Acc.Doc.People. Integer 2 1 = No onMotoristsActio Item.NonMotori Improper ns stActionsCircum Action stancesTimeOfC 2 = Dart/Dash rashl 3 = Failure to Yield Right-of- Way 4= Failure to Obey Traffic Signs, Signals, or Officer 5 = In Roadway Improperly (standing, lying, working, playing) 6= Disabled Vehicle Related (working on, pushing, leaving/approac hing) 7 = Entering/Exiting Parked/Standin g Vehicle 8= Inattentive (talking, eating, etc.) 9 = Not Visible (dark clothing, no lighting, etc.) 10= Improper Turn/Merge 11= Improper Passing 12=Wrong Way Riding or Walking 77=Other, Explain in Narrative 88= Unknown NonMotorists/AI ctAlcDrugEMS cDrugEMS NonMotorists/Vi Acc.Doc.People. ctViolation olations Item.Violationl PremierOneTM Records TraCS Citation and Crash Interface 1-12 InteifaceDescription Motorola Solutions Confidentia %'61 3 f 1066 <CUSTOMER NAME> Interface Specification Document NonMotorists/Pr not able to find opertiesDamage ctPropertiesDa d maged. Am able to find ctPropertyDam aged Narrative Acc.Doc.Narrati String 32768 ve Repo rti ngOfficer Acc.Doc.Officer String 10 Need to BadgeNumber No determine if OfficerNO is same as badgenumber Repo rti ngOfficer String 20 Needto add to Rank XSD Repo rti ngOfficer Acc.Doc.Office rF String 60 Name irstName+ Acc.Doc.Office rL astName ReportingAgency Acc.Doc.Agency Integer 1 1 = Florida Name Highway Patrol (FHP) 2 = Police Department (PD) 3 =Sheriff's Office (SO) 4=Other Diagram Acc.Doc.CrashDi jpg agramlmage The data flow diagram captures the events,triggers and message exchange between the systems. PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted Interface ft 11043b'b f 1 066 Interface Specification Document <CUSTOMER NAME> TraCS aippficati,on 'Common Services Prernierone PrenfierOne Server F[deShare €nterface Records Server Records CH en i I I I I I I I I I I Save filete Fil eShare C-1I P,Aonietsrsthefila I Share fcrnewrfiles and pidc*J Premian neRamrds I I them up. I consumesfile and addsthe datato- CRatim and Cmsh data I I I the Case F lder available in Records I I I Client I I I I I I I I I I i M I I I I Figure 1-2.TraCS Citation and Crash Interface Data Flow Diagram 1.4 BUSINESS PR0(__'ESS The file name of the file sent to the File Server is required to contain the Case Number. This format will be discussed in the discovery phase and it will be the customer's responsibility to communicate this format to the TraCS vendor. The accident and citation document created by the Interface is viewable as a read-only document in PremierOne Records. Accident and Citation data written to the Master Indices can be pulled forward into other PremierOne Records documents. Use Cases describe specific user and system interactions provided by the Interface. They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases i Il UC-01 PremierOne system can create citation document. UC-02 PremierOne system can create accident document. UC-03 PremierOne user can view the citation document. UC-04 PremierOne user can view the accident document. PremierOneTM Records TraCS Citation and Crash Interface 1-14 InteifaceDescription Motorola Solutions Confidentia %'61 3 f 1066 <CUSTOMER NAME> Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne Records and the Interface over the Customer Enterprise Network using FTP or SFTP. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. PremierOne can be configured to log incoming data from the TraCS application. It will log invalid records,which were not successfully imported into PremierOne,in the failed import folder on the TraCS File Server. Citation and crash will have their own failure folder. 2.3 SECURITY A Windows Service Account with read/write access to the TraCS File Server will be created for PremierOne Records and the Citation application. The crash and citation documents contain personally identifiable information(I'll). Customer is responsible to ensure this data is secured. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne Records. 2.6 SYSTEMADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the TraCS application, File Server,or Customer Enterprise Network,which might affect the Interface. Customer is responsible for keeping the reference data synchronized between PremierOne and the TraCS system. PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted Operational CopzR'�c 04.34-'of 1066 Interface Specification Document <CUSTOMER NAME> Error!Unknown document property name. Customer is responsible for contacting Motorola Solutions when the TraCS application changes the data elements or format of the data file. Customer is responsible for archiving and purging files on the TraCS File Server. System Administrator is responsible for monitoring the failed import folder on the TraCS File Server,and for fixing the issues in the TraCS application and resend the data file to PremierOne. PremierOneTM Records TraCS Citation and Crash Interface 2-2 Operational Considerations Motorola Solutions Confidentia d'6te 3 f 1 066 <CUSTOMER NAME> Interface Specification Document SECTION 3 STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the data exchange and handling of the accident and citation document in PremierOne Records. b) Implement the Interface. — Scan hard-copy forms into PremierOne Records and develop Crash Reporting functionality. — Integrate the Crash Report and PremierOne Records. — Submit the developed forms to gain State acceptance. — Collaborate with the Customer to understand any provisioning parameters that may impact report submission acceptance,in the event of an initial failed submission. — Modify the crash report to account for compliance with state specific reporting requirements,as required by the State,and upon receipt of an official state communication. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. — Provide hard copies of forms. — Initiate a submission of the Crash Reports to the State. — Resolve any provisioning issues that affect State submission acceptance. PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted StatetTY66 ft4d bf 1 066 Interface Specification Document <CUSTOMER NAME> — Serve as the intermediary between Motorola and the State in clarifying reporting requirements between state requirements, Customer requirements, and PremierOne Records Crash Report submission functionality. — Obtain an official state communication clearly articulating the State's requirement. b) Forward a copy of the official state communication to Motorola. c) PremierOne does not perform selective load. It will create accident and citation documents for all the records received in the file. Customer is responsible to ensure the TraCS application only sends data that they want loaded in their PremierOne Records system. d) Familiarize themselves with this ISD. e) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. f) Procure all customer third-parry licenses and API documentation,as required. g) The customer's third-parry system must be on a version supported by the customer third-parry. Customer will procure any required upgrades. h) Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. I Witness the functional demonstration of the Interface. J) Protect the Enterprise Network against unauthorized access. k) Provide secure connections between PremierOne and the TraCS system. 1) Manage customer third-parry responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. m) Manage communication between Motorola Solutions and Customer third-parry,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Provide PremierOne Records Accident and Citation Module schema. Motorola Solutions Provide TraCS File Server. Customer Provide PremierOne Service Account read/write privilege to the TraCS Customer File Server. Provide Windows Service Accounts with read/write privilege to the TraCS Customer File Server for the TraCS Application. Establish network connectivity between PremierOne Records and the Customer TraCS File Server. Establish network connectivity between PremierOne Records and the Customer TraCS File Server. Install and configure CSI component for the Interface on PremierOne Motorola Solutions Records Servers. PremierOneTM Records TraCS Citation and Crash Interface 3-2 Statement of Work Motorola Solutions Conf dentia d'6te 4 f 1 066 <CUSTOMER NAME> Interface Specification Document M Install and configure CSI component for the Interface on PremierOne Motorola Solutions Records Servers. Configure the Interface in PremierOne Records. Motorola Solutions Configure TraCS Application to provide data file on the TraCS File Customer Server. PremierOneTM Records TraCS Citation and Crash Interface Motorola Solutions Confidential Restricted Statel ft4t bf 1 066 MOTOROLA SOLUTIONS Prem'lmerOne TM Suimte = State Query Interface INTERFACE SPECIFICATION DOCUMENT Vusion 1 .1 .2 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 443 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-3 1.5 User Experience................................................................................................................................ 1-3 1.6 Use Cases.......................................................................................................................................... 1-6 Section 2 OperationalConsiderations................................................................................................................................ 2-1 2.1 Connectivity...................................................................................................................................... 2-1 2.2 Exception Handling and Logging..................................................................................................... 2-1 2.3 Security............................................................................................................................................. 2-1 2.4 Performance...................................................................................................................................... 2-1 2.5 High Availability and Disaster Recovery......................................................................................... 2-1 2.6 System Administration..................................................................................................................... 2-2 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview........................................................................................................................................... 3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan......................................................................................................................... 3-2 Interface Specification Document PremierOne"Suite-State Query Interface Motorola Solutions Confidential Restricted Ta0g6('ons 4 6f 1 066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document (ISD) provides a description of the capabilities of PremierOne Suite State Query Interface (Interface) and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne users to submit transactions to State and Federal systems, via the State Message Switch.These transactions are most typically ones that perform inquiries, although transactions that enter, modify, locate, and clear information are also possible. The State Message Switch provides links to State systems like Department of Motor Vehicles (DMV) and national law enforcement systems like National Crime Information Center(NCIC). Query requests made on PremierOne CAD, Records or Mobile clients are routed to one of the PremierOne application servers. The PremierOne Query Service processes the request and determines which data source(s) can fulfill the request.This information is then passed to the PremierOne Common Services Interface (CSI) component,which translates the request to XML messages and passes it on to the CommSys ConnectCIC. ConnectCIC handles the State connection and translates the messages to the query strings required by the State.The State Message Switch forwards the request to the appropriate system. When a response is received, ConnectCIC parses and returns the response to CSI as an XML message. CSI parses the response and forwards it to PremierOne Messaging Service,which handles the routing of the query response to the requestor. Figure 1-1 shows the connectivity and primary data flow across the system. PremierOneTI Suite-State Query Interface Motorola Solutions Confidential Restricted InterfaceF6'fg-4`jW-6 f 1 066 Interface Specification Document PrernierOne Client PremierOne CAD Server PremierOne Service PrenrikGrad CAD Client Query Service, ery Request -': ........i......... '. rerr Orono RrdsCRant. � ColurmQnS$rvi— � Commys J4ConntytSta� Iriterfaa4 SCS Messags Switch, , ,, rt Prefroororm Mobile j Nles"ginsq service.-Query Respo State&Nelirrnall Systems Figure 1-1.State Query Interface Diagram Information required for installation, configuration,test and support purposes regarding this State Query Interface will be gathered during the ISD review. 1.3 DATAEXCHANGE PremierOne services and CommSys ConnectCIC manage the data transformation and exchange process. The State Message Switch may direct a single query request to multiple systems, and each system will provide its own response. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne LMessaging Common Services CommSys County/State Client Service Query Service Interface ConnectCIC Message Switch I I I I I I I I I I I I Query Request I I I I I I Request I I I I I I I I I I I Req uest-------pool I I I I I I Request I I I I I I I I I I Query Responses I I I �Responses� I I I I I I I I I I�Responses� I I I I�Responses� I I I I I I I I I �Responses� I I I I I I I I I I I I I I I I I I I I I I Figure 1-2.State Query Data Flow Diagram PremierOne—Suite-State Query Interface 1-2 Interface Description Motorola Solutions Confidentj`PW6 t44 f 1 066 Interface Specification Document 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE PremierOne user can select a query type, enter the required query parameters and submit the query using a Query Request form similar to the sample in Figure 1-3. The same query forms are available throughout the PremierOne Suite; CAD, Records and Mobile client. User access to the query forms is managed by the user roles provisioned in PremierOne. F, t' i sI}� 'I s s s s s s s s s s 'Iirr � !J I Ir{rr IIIA 'Illy I�tJ{t 'r I (I t I�.;''16 r i I v �Jlyu I I I�l1 r r rcr It ry� �I}I s 1 Illt� �Ilr r4t1 r4t1 r4tJ{t II it -' Console Edd WokArea utilities Help q w Finished gen eratin9 the tfueFytype w��I ill Wednesday,July 1: 2017 {- 9 Associate To Query Types I Inc or Unit I Other ,t AM cle. Send To ( Driver History Driver Status Dnver Status Gun. Name 4' LicenseNumber T4000{1G49 .I Vehicle 5 State UA Ij Name ._ .. Info Panet DOB j Databases- '. 8 N ts,rh Available M Nlode Online Race w a:yj,Virginia hJ Consl. SVRV201... + User: MRoners Sex +� ''.., wY Role: CC.Adm... -- -- -- -- -- -- ..... .... ..... ..... ..._. knivir: Production -`.RIIIALl l SaveaRSLraft ClearForm I Reset Databases Figure 1-3.Query Request Sample PremierOne administrator may also create a command line version of a query form,similar to Figure 1- 4 command line query sample.This allows users to quickly submit frequently used queries.The administrator may also configure the system so queries can be submitted using person and vehicle information entered in an incident. Console EdA 91AAree OtilAi— Help QDt LicenseNumber;T1111141 J_Sta.te V `talr_r w ,4 All work areas cleared Figure 1-4.Command Line Query Sample PremierOne TI Suite-State Query Interface Motorola Solutions Confidential Restricted InterfaceF6'fd-4`jW-6f 1 066 Interface Specification Document Query Request forms are built upon the underlying data supplied by the External System.A form could use one or more underlying data sources.Thus, query responses from a particular form could be from multiple data sources. Query responses are displayed in the Query Responses tab of the query window similar to the sample in Figure 1-5.They may also be displayed in a dedicated window outside of the main CAD client window. } ,7} ?_ ,i. { }Gs tAlit(itti}1t;{r+rsr;ilV{ rt ll{ rt)l{�t)l{ rt)l{ rt)S; rt)l{ rt)l{ rt)l{ rtlr {#p', ,,;,,,,,,, i,„{ �'J Unreat Fla Query Summary � Rasp Typw Received l: i 0 9 T000 00099;'VA; PVWM1.00SX5. NCIC REPLY V4D7503 I NO NCIC 1PUM Nc -1 os 7:33:18 i A TD( rtnoPgi-vA , P1lVMI f ORYA "* Nn Vr..1N RF-(,nRn Fni mn FnR INN VrlN-N, 71IR ) Query Heade Summary: PWM1.009X5. VIRGINIA DEPARTMENT OF MOTOR VEHICLES CMV REPLY QD.VA More I! Int: Printed By: MRogers Pri'l ...., 4i L'atitled-i g {{ P14141.00SX5. VIRGINIA DEPARTMENT OF MOTOR VEHICLES 41 DMV REPLY QD.VA0-7503141.SOC/000 0.0001 FLINT"S ONF,FRED,JOHN P—RFVTOUS DWI: 09 { 123 3 ATF RUN DR �' SFDROCR,VA 22990991 ,t SEX/M.. D03.,i1957/7101. HGT,t509. WGT:/150. HAVBR. EYE/BR. SOCr TC'7OsJO0099 SSN: 000000051 =i rtl DRIVER: EXP/ 2019101/01 ra` DRIVER LICENSE STATUS — LICENSED CLASS: M RFS'TR: NONE r'rf V-H CLASS: 24 — MOTORCYCs'.F DRIVER POINT iANCZ: ORGAN D014OR: Y VETERAN. N r I. t St 3 Raw ForWamd I � NPW 100dePt.] i ��1�, .� f (vF�m�l � ( � �"rtit� I� � � Delete rxl 11 Yi 4{4tq'(4{41t(4{4ti(4{4tq'(4{4ti(4{4tY(4{4tq'(4{4ti(4{4tq'(4{41t(4{4tY(4{4tq'(4{4ti(4{4tq'(4{4tq'(4{4ti(4{4tq'(4{41t(4{4ti(4{4tq'(4{4ti(4{4tq'(4{4tq'(4{4ti(4{4tq'(4{41t(4{4tY(4{4tq'(4{4ti(4{4tq'(4{4tq'(4{4tt(4{4tq'(4{411(4{4t Y(4{4tq'(tt �- p„„>>>itvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsvvsz,:i Figure 1-5.Query Response Sample In most States,the query response sent back from the State Message Switch is a block of text. This text will be displayed to the user. Certain responses may be parsed,by ConnectCIC,which involves examining the response and determining where certain key data such as names, addresses, and license status are placed.This structured response is available as discrete values to PremierOne.This can be used to provide a visually formatted response that emphasizes key information. Figure 1-6 provides a representative sample of a formatted query response. PremierOneTI Suite-State Query Interface 1-4 Interface Description Motorola Solutions ConfidentiaPW6jFt44 f 1 066 Interface Specification Document Query Responses can be formatted for Workstations and Mobile clients. Query formatting is done using Extensible Stylesheet Language Transformations (XSLT) and the result is displayed using Hypertext Markup Language (HTML).The HTML transformation provides an enhanced level of formatting beyond the raw text that is returned in the query responses.The enhanced formatting can be helpful to call out specific data elements, or display images if they are included in the response from the External System. y"', s i{ s 1- tUt s ti GtI f ryi t! {� t( y 41r yii 1 st s 1 !t y t. t t r ss is is stir s tyt s 4 7i+11ttt44y7t4f fri4 tis uZ t t tE, 1',. r S} 7 tr lr ys r t� y' ti! S c t s 1 c, ill "_1 Unreat :rHC Query SUMMary RespTyp! Re ,,-- ;�� 0 9 TI1111111;VA t W21.4!#'8H.VC1N REPLY VA0750321 RTYPFJHIT MK7 VCIN-Wa 7,,37:36 yy 1 9 T11111111r � T. vu .s �NO I � � �� �nvQF r - � :37:3 ,..t remora w e-rnpnagarwir:ter. srr1., rs_:. -..>9:x.�n ,. Summary. PV"M1.I]08WG DMV REPLY CtD-VA075,73M1. OCrf1It'llil FU'FUC COB11291 VADMV TFC S Mare 'a REVOKED 1RELATED `.. DL'T1 111111 DOS 1948/09/161 EXP STRING EAN,EEROY TESTRE,CVSP, 2300 W BROAD ST Rel 509 PREVIOUS CMV 'DIOL RICHMOND VSA, 232690999 PWM1.008WG. DI/EV RF.1;v" QD.VA07503P?T.SOC/T'l1l12l12.PTJR/C.CQUf 1291 VA DAV TRANSCRIPT WILL DF FRO(CES SFD AND MAILED STRINGSFAN,LEROY,TFSTRRC7SF PREVIOUS DWI: 02 2056/99tf30 2300 W BROAD ST PM 539 PREVIOUS CREST VIOL RICHMOND,VA 232695999 SEX/M. DOBE I94S/99116. HGT/609. WGT'/165. HAVER. F.YF1BR. r SOC/ 711111111 r DRIVER: F}CF/ 1 DRIVER. LICENSE, STATUS — R-EVOKED DUI—RF AFD COP2JMRCIAL DRIVER STATUS — DISQUALIFIED MEDICAL CERT': SELF CERT': DRIVER FLINT BALANCE: L ORGAN DONOR: VETERAN: N 't1',.�� � �� � ��' ,� � Esaaa� � � �i� Iru��de�t � � � � ° ( ��a�t ► � � ��I�t1 � � � ;Dalete � �1�� PremierOne"Suite-State Query Interface Motorola Solutions Confidential Restricted InterfaceF6'f§-4`jW-6 f 1 066 Interface Specification Document Figure 1-6.Formatted Query Response Sample A structured response may also be used to populate the person or vehicle information in an incident, without requiring the retyping of the information from a response.The user may run a query on a driver using their operator license number, and then use this feature to populate the person form with the person's details from the query response. Cascading and drill-down queries can be provisioned by using details from the structured query response as input to subsequent queries. Cascading queries run automatically using these results and a drill-down query is run when the user clicks on the hyperlink on the response form. The HTML transformation and structured response services are not in scope of the Interface implementation. If these additional features are desired by the Customer, Motorola Services will review the requirements and provide a separate quote for the enhanced response formatting during the interface discovery phase. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases e i UC-01 PremierOne user can submit a transaction from a form and view the responses. UC-02 PremierOne user can submit a transaction from a command line and view the responses. UC-03 PremierOne user can submit a transaction using the data in an incident and view the responses. UC-04 PremierOne user can incorporate details from a response into an incident. PremierOneTI Suite-State Query Interface 1-6 Interface Description Motorola Solutions Confidentj`P%_ t45 f 1 066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne Suite and the State Message Switch, over the Customer Enterprise Network,using TCP protocol. The connection needs to meet the State's security requirements 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. CommSys ConnectCIC logs query errors and parsing issues to the ConnectCIC log file on the PremierOne application server. 2.3 SECURITY User access to the query forms are managed by user roles in PremierOne. Users need to be certified according to the State requirements and have a valid user account to access the State system. Devices used to submit queries must also meet the State security requirements. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. The query response is dependent on the State connection and response time of the data sources. Query response is displayed as it is received from the external data source. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne Suite. Availability of queries on the Disaster Recovery (DR) server is dependent on the connectivity to the State, additional connection and equipment might be required to establish this connection. PremierOneTI Suite-State Query Interface Motorola Solutions Confidential Restricted Operational ccP*ari 45 f-6 f 1 066 Interface Specification Document 2.6 SYSTEMADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the Interface or Customer Enterprise Network, which might affect the Interface. Customer is responsible for contacting Motorola Solutions when State changes the parameters or the response formats of the queries. Customer is responsible for maintaining user credentials, ORIS and Mnemonics as required by the State. PremierOne"Suite-State Query Interface 2-2 Operational Considerations Motorola Solutions Confidenti 6615 f 1 066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment.This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training, installation, configuration, on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding transaction types, query criteria, and response transformation. b) Implement the Interface for six forms with basic response formatting and two response types per request. c) Provide the transactions identified during the ISD review session. d) Provide the response parsing identified during the ISD review session. e) Provide eight hours of training and support for the Customer to provision additional queries. f) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. g) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration, test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. e) Coordinate Customer third-party involvement with the implementation and testing of the Interface, as required. f) Provide Users, Originating Agency Identifiers (ORIS) and Device Identifier(Mnemonics) for each device as required by the State. PremierOneTI Suite-State Query Interface Motorola Solutions Confidential Restricted Stater td,Nl5&-6f 1066 Interface Specification Document g) Assist with provisioning Query Forms, Hot Hits, Pick Lists and Response Formats. h) Witness the functional demonstration of the Interface. i) Protect the Enterprise Network against unauthorized access. j) Provide secure connections between PremierOne and the Interface. k) Manage customer third-party responsibilities to completion, as applicable, enabling Motorola Solutions to complete its responsibilities. i) Manage communication between Motorola Solutions and Customer third-party, enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Establish network connectivity between PremierOne and the State Customer Message Switch Provide PremierOne to State Query documentation Motorola Solutions Procure ConnectCIC Transactions and Licenses from CommSys Motorola Solutions Install and configure ConnectCIC on PremierOne servers Motorola Solutions Configure CSI component for the Interface on PremierOne servers Motorola Solutions Load Query Metadata in PremierOne Motorola Solutions Configure Query Interface in PremierOne Motorola Solutions Provision Query Request Form in PremierOne Motorola Solutions/Customer Configure Query Response in PremierOne for Workstation and Mobile Motorola Solutions/Customer Provision user roles to access query in PremierOne Customer Provision ORI,Mnemonic,State User Id in PremierOne Customer Test State connection Customer PremierOne"Suite-State Query Interface 3-2 Statement of Work Motorola Solutions Confidenti 615 f 1 066 MOTOROLA SOLUTIONS Prem'lerOne TM CAD Outbound FRMS Interface INTERFACE SPECIFICATION DOCUMENT Vusion 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 455 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-3 1.4 Business Process............................................................................................................................... 1-4 1.5 User Experience................................................................................................................................ 1-4 1.6 Use Case........................................................................................................................................... 1-5 Section 2 OperationalConsiderations................................................................................................................................ 2-1 2.1 Connectivity...................................................................................................................................... 2-1 2.2 Exception Handling and Logging..................................................................................................... 2-1 2.3 Security............................................................................................................................................. 2-1 2.4 Performance...................................................................................................................................... 2-1 2.5 High Availability and Disaster Recovery......................................................................................... 2-1 2.6 System Administration..................................................................................................................... 2-1 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview........................................................................................................................................... 3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan......................................................................................................................... 3-2 Interface Specification Document PremierOne"CAD-Outbound FRMS Interface Motorola Solutions Confidential Restricted TaOg6('on es. 6f 1 066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document (ISD) provides a description of the capabilities of PremierOne- CAD Outbound FRMS Interface (Interface) and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne CAD to provide incident data related to the fire-incidents to the third- party FRMS system. The PremierOne CAD system is set up to post transactional updates to the RDW database within 30 seconds. The PremierOne Common Services Interface (CSI) will be scheduled to extract the required data from PremierOne CAD RDW. The CSI service can provide the data in a file format,update the external system database directly or call an Application Programming Interface (API) published by the third-party FRMS system. The CSI service has built-in connectors for Open Database Connectivity (ODBC), File Transfer Protocol (FTP), Secure File Transfer Protocol (SFTP), REST Web Service and Transmission Control Protocol (TCP) connection. Figure 1-1 shows the connectivity and primary data flow across the system. In the file extract option,the CSI service will upload the data file to the FRMS File Server. The third- party FRMS system would monitor the FRMS File Server and import the PremierOne data.The CSI service can provide the data as fixed or delimited records or as XML messages. PremierOneTI CAD-Outbound FRMS Interface Motorola Solutions Confidential Restricted InterfaceF6'fg-4`j 5�-6 f 1 066 Interface Specification Document reanirt�e'DD Ther Fr FllVl i0te(ri PremierOne CAD Server Premier }rDe CAD.: Prmi�r�C! � birrrrrr��r " raiz -M� FRMS FiI ,S rver ` C Figure 1-1.File Extract Interface Diagram In the database update option,the CSI service can be configured to call a stored procedure provided by the third-party FRMS system,to insert PremierOne data into the third-party FRMS system database. PrerniarDne G k' ,"Client PremierOne CAD Server is Oierniarolle,ld D mma n er�+iia Thir Pady'FFr I�ic Premir� C "s IRDW .rrrl tdn r # AD , ' berg `(Stored Procedure Figure 1-2.Database Update Interface Diagram PremierOneTI CAD-Outbound FRMS Interface 1-2 Interface Description Motorola Solutions Confidentj`PW6 t45 f 1 066 Interface Specification Document Glib fit Premier0ne CAD Server P, KlerruerOne GA Du rrlierb b, mrn in ti�t TliirF MS, Figure 1-3.API Call Interface Diagram The Interface provides data from PremierOne CAD Views (MV_* Views) and is based on the new,update or closed incident triggering criteria. PremierOne can also be configured to trigger the data extract based on specific agency, incident type,response type,priority or alarm level.The Interface only provides the current snapshot of the incident. Any additional data elements, data transformation or formatting requirements or triggering criteria beyond this will be gathered during the ISD review and provided to the Customer as a change order for Customer consideration. 1.3 DATAEXCHANGE The PremierOne CSI service will manage the data extraction and transfer process. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne Premier0ne Common PremierOneFRS File Third-Party CRD Client CRD CADRDW Services Sever FRMS System (UnifiedCAD) LFreportingDw) Interface I I I I I I 1 N 1 1 1 1 °ata —1 N N N N N N Data N N N I I r-Extract Data-------*i I I N N I f-Upload Data File--/.I N � I mport Data N N N N N N N I I I I I I Figure 1-4.File Extract Data Flow Diagram PremierOneTI CAD-Outbound FRMS Interface Motorola Solutions Confidential Restricted InterfaceF6'f§_4`j r5�-O f 1 066 Interface Specification Document PremierOne PremierOne PremierOne Common Third-Party CAD Client CAD CADRDW Services FRMS System (DnifiedCAD) (ReportingDW) Interface Database Data Dar Extract Dat Call Stored Proeedu re Figure 1-5.Database Update Data Flow Diagram PremierOne PremierOne Common PremierOne CAD CADRDW Services Third-Party Client (UnifiedCAD) (RepertingDlf ) Interface FRCS System o at a Data Extract Data I I Ii all API Figure 1-6.API Call Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE The data transfer occurs in the background and is transparent to PremierOne CAD user. Third-party FRMS system users may view the information in their application. PremierOneTI CAD-Outbound FRMS Interface 1-4 Interface Description Motorola Solutions Confidentj`PW6 t46 f 1 066 1.6 USE CASES Interface Specification Document Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases e i IUCOl PremierOne system can export incident data. PremierOneTI CAD-Outbound FRMS Interface Motorola Solutions Confidential Restricted Int"`aceF6'f§-4`j46f 6 f 1 066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne CAD and either the third-party FRMS system or the FRMS File Server, over the Customer Enterprise Network. Connectors supported by PremierOne are ODBC, FTP, SFTP, REST Web Service and TCP. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. 2.3 SECURITY For the file extract solution, a Windows Service Account with read/write access to the FRMS File Server will be created for PremierOne CAD and the third-party FRMS system. Access needs to be provided to the third-party FRMS system API or Stored Procedure. For the database update solution, a SQL account will be created for PremierOne CAD with access to the Stored Procedure in the third-party FRMS system database. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. PremierOne CAD is setup to post transactional updates to the RDW database within 30 seconds. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne CAD. There is only one PremierOne CAD RDW server and hence it is not setup for high availability. If available,the PremierOne recovery servers will be setup to access the FRMS File Server or the third- party FRMS system for the Interface. PremierOneTI CAD-Outbound FRMS Interface Motorola Solutions Confidential Restricted Operational ccP*li 46_,i-6 f 1 066 Interface Specification Document 2.6 SYSTEMADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the third-party FRMS system or Customer Enterprise Network,which might affect the Interface. Customer is responsible for keeping the reference data synchronized between PremierOne and the third- party FRMS system. Customer is responsible for regularly purging data and files from the servers and maintaining optimal system performance. PremierOne"CAD-Outbound FRMS Interface 2-2 Operational Considerations Motorola Solutions Confidenti 6616 f 1 066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training, installation, configuration, on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the connector type, connection details, data elements and triggering criteria. b) Provide Customer with the PremierOne CAD-FRMS Integration Workbook template to capture the system mapping. c) Implement the Interface. d) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. e) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration, test and support. b) Provide updated PremierOne CAD-FRMS Integration Workbook and filter criteria list (agency, incident type,status) document for the data extract. c) Familiarize themselves with this ISD. d) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. e) Provide the external database driver to enable ODBC connection, if required. 0 Procure all customer third-party licenses and API documentation, as required. g) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. h) Coordinate Customer third-party involvement with the implementation and testing of the Interface, as required. PremierOneTI CAD-Outbound FRMS Interface Motorola Solutions Confidential Restricted Stater td,N t4-6f 1066 Interface Specification Document i) Witness the functional demonstration of the Interface. j) Protect the Enterprise Network against unauthorized access. k) Provide secure connections between PremierOne and the third-party FRMS system. 1) Manage customer third-party responsibilities to completion, as applicable, enabling Motorola Solutions to complete its responsibilities. m) Manage communication between Motorola Solutions and Customer third-party, enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Provide FRMS File Server. Customer Provide PremierOne Service Account read/write privilege to the FRMS Customer File Server. Provide Windows Service Accounts with read/write privilege to the FRMS Customer File Server for the third-party FRMS system. Establish network connectivity between PremierOne CAD and the FRMS Customer File Server. Establish network connectivity between third-party FRMS system and the Customer FRMS File Server. Develop and install CSI component to extract and transfer PremierOne Motorola Solutions CAD data. Configure the Interface in PremierOne. Motorola Solutions Configure third-party FRMS system to consume PremierOne CAD data. Customer PremierOne"CAD-Outbound FRMS Interface 3-2 Statement of Work Motorola Solutions ConfidentiaPW66te46f 1 066 MOTOROLA SOLUTIONS Prem'i'erOne Tm Records m State IN IN Submission Interface INTERFACE SPECIFICATION DOCUMENT Version 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 466 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 Interface Specification Document PremierOneTM Records-State Submission Interface Motorola Solutions Confidential Restricted Tah,.p6C'p 467 bf 1 066 <CUSTOMER NAME> Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne Records-State Submission Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne users to submit transactions to State and Federal systems,via the State Message Switch'. Furthermore,the Interface will only support submissions(enter,modify,clear). The State Message Switch provides links to state systems like Department of Motor Vehicles(DMV)and national law enforcement systems like National Crime Information Center(NCIC). The Interface only allows submissions to the state. The submissions are processed and sent to the state using CommSys. CommSys will send the submission to the state and process the return. The return will indicate either a verification or a fail. The information from the response will be returned to the query screen in Records and added to the NLETS document that was used to capture the initial submission. This information will be tracked as part of the'history'of the submission. Any modifications and/or clears that need to be made will be made by opening the original NLETS document in Records,changing the transaction type,modifying the information,saving and closing the document,then going up to the query window and,using the control number,pulling up the data and clicking the submission link. Figure 1-1 shows the connectivity and primary data flow across the system. 'In some cases,PremierOne may connect to a County Message Switch,rather than connect directly to the State Message Switch.The specific connection will be identified in the Statement of Work. PremierOneTM Records-State Submission Interface Motorola Solutions Confidential Restricted InterfaceF99@6168-b f 1 066 Interface Specification Document <CUSTOMER NAME> Premierone Client PrenrterOne Services Hub Premier0ne Service Query Service 7—Quey Redoes[ Pretteerone RemodsClient M-------► w� commonenrices , Commsys County IState fnierface(CSI GcnnedClC Message Switch 9 9t— ery Res[,ons� Messa iu Service au State&National Systems I� Figure 1-1.State Submission Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. 1.3 IMPILEMENTATION Motorola Responsibilities I. Deliver the FL IBR reporting capability or develop the state layer reporting capability. 2. Collaborate with the Customer to understand any provisioning parameters that may be or are impacting FL IBR submission acceptance in the event of an initial failed submission. 3. Modify the state layer to account for any requirements necessary to be compliant withstate specific reporting requirements, as required by the State, and upon receipt of anofficial state communication. Customer Responsibilities I. Serve as the intermediary between Motorola and the State in clarifying reportingrequirements between state requirements and PremierOne Records state layer submission functionality. 2. Facilitate any required meetings between Motorola and the State. 3. Initiate an IBR submission to the State. 4. Resolve any provisioning issues affecting State submission acceptance. 5. In the event of a failed submission: A. Communicate the discrepancy in reporting requirement to the State. B. Obtain an official state communication clearly articulating the State's requirement. C. Forward a copy of the official state communication to Motorola. PremierOneTM Records-State Submission Interface 1-2 Interface Description Motorola Solutions ConfidentzaM66'64 6 f 1066 MOTOROLA SOLUTIONS Prem'lmerOne Tm Records = Data V'I'ew Interface INTERFACE SPECIFICATION DOCUMENT Vusion 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 470 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-2 1.5 User Experience................................................................................................................................ 1-2 1.6 Use Cases.......................................................................................................................................... 1-2 Section 2 OperationalConsiderations................................................................................................................................ 2-1 2.1 Connectivity...................................................................................................................................... 2-1 2.2 Exception Handling and Logging..................................................................................................... 2-1 2.3 Security............................................................................................................................................. 2-1 2.4 Performance...................................................................................................................................... 2-1 2.5 High Availability and Disaster Recovery......................................................................................... 2-1 2.6 System Administration..................................................................................................................... 2-2 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview........................................................................................................................................... 3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan......................................................................................................................... 3-2 Interface Specification Document PremierOne"Records-Data View Interface Motorola Solutions Confidential Restricted TaOg6('on 71 6f 1 066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document (ISD) provides a description of the capabilities of PremierOne Records Data View Interface (Interface) and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows third-party systems to retrieve information from PremierOne Records RDW. PremierOne is setup to post transactional updates from Records to the RDW database within 30 seconds. Standard SQL Views are available in PremierOne Records RDW; a SQL account with read-only access to these Views will be created for the third-party system. The third-party system can retrieve PremierOne data using a SQL connection. Figure 1-1 shows the connectivity and primary data flow across the system. PremierQne'Records ' Client PremerOne Records Server i �Prernieec��eReccaeds � l I Premiqrone Records RDW I►; Third-Party System DHst re IDHStoreAhaIysisj Figure 1-1.Data View Interface Diagram The Interface will not transform or format the PremierOne data. Information required for installation, configuration, test and support purposes regarding this Interface will be gathered during the ISD review. PremierOne"Records-Data View Interface Motorola Solutions Confidential Restricted InterfaceF6'fg-4`j 7�-6 f 1 066 Interface Specification Document 1.3 DATAEXCHANGE The Third-Party System will have access to data via SQL Views in PremierOne Records RDW database (DHStoreAnalysis). The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne PremierOne PremierOne Records Records RDW Third-Party Records Client (DHStore) (DHStoreAnalysis) System I I I I I I �Data� I ! Data 10 I I Data I F(sQL View)� I I I I I I I I I I I I Figure 1-2.Data View Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE The data transfer occurs in the background and is transparent to PremierOne Records user.Third-party system users may view the information in their application. Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases MEN I e i UC-01 Third-Party System can query PremierOne Records RDW. PremierOne—Records-Data View Interface 1-2 Interface Description Motorola Solutions Confidentj`PW6 t47 f 1 066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between SQL instance of PremierOne Records RDW and the Data View Interface over the Customer Enterprise Network. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. Access and SQL errors will be logged in the SQL Server Error Log in PremierOne Records RDW;no other errors are expected in PremierOne Records. 2.3 SECURITY A SQL account with read-only access to the required Views in PremierOne Records RDW will be created for the third-party system. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. The transfer of data from PremierOne production database to the PremierOne RDW is scheduled to run every 30 seconds. The transfer process only takes a couple of seconds under normal load condition.Analysis of prior PremierOne deployments shows that data arrives at the RDW in less than 60 seconds from the event occurring in Records. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne Records. The PremierOne RDW is not setup for high availability, and will likely be down during maintenance and upgrades, however,these are planned events. There is also a slight risk of a database failure,which will impact all interfaces that rely on RDW data. The connection string in the third-party system should point to the recovery servers, if PremierOne is switched to the recovery servers. PremierOne—Records-Data View Interface Motorola Solutions Confidential Restricted Operational ccP44 l04l ,y'-6 f 1 066 Interface Specification Document 2.6 SYSTEMADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the Customer Enterprise Network,which might affect the Interface. PremierOne"Records-Data View Interface 2-2 Operational Considerations Motorola Solutions ConfidentiaPW66te f7f 1 066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training, installation, configuration, on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding Data View Interface. b) Implement the Interface. c) Review third-party system queries to PremierOne Records RDW,prior to implementation. d) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. e) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration, test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Procure all customer third-party licenses and API documentation, as required. e) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. f) Coordinate Customer third-party involvement with the implementation and testing of the Interface, as required. g) Witness the functional demonstration of the Interface. h) Protect the Enterprise Network against unauthorized access. i) Provide secure connections between PremierOne and Data View Interface. PremierOne—Records-Data View Interface Motorola Solutions Confidential Restricted Stater t d,No 6-6f 1 066 Interface Specification Document j) Manage customer third-party responsibilities to completion, as applicable, enabling Motorola Solutions to complete its responsibilities. k) Manage communication between Motorola Solutions and Customer third-party, enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Provide PremierOne Records RDW Data Dictionary documentation. Motorola Solutions Provide PremierOne Records RDW connection information. Motorola Solutions Establish network connectivity between PremierOne Records RDW and Customer the third-party system. Provide filter criteria for PremierOne Records RDW View-Agency, Customer Module. Apply filter criteria on the standard views in PremierOne Records RDW. Motorola Solutions Configure the third-party system to query and consume PremierOne Customer/third-party system Records RDW data. vendor PremierOne"Records-Data View Interface 3-2 Statement of Work Motorola Solutions Confidenti 617 f 1 066 MOTOROLA SOLUTIONS Prem'lerOnelll CAD Data V'iew Interface INTERFACE SPECIFICATION DOCUMENT Vusion 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 478 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-2 1.5 User Experience................................................................................................................................ 1-2 1.6 Use Cases.......................................................................................................................................... 1-2 Section 2 OperationalConsiderations................................................................................................................................ 2-1 2.1 Connectivity...................................................................................................................................... 2-1 2.2 Exception Handling and Logging..................................................................................................... 2-1 2.3 Security............................................................................................................................................. 2-1 2.4 Performance...................................................................................................................................... 2-1 2.5 High Availability and Disaster Recovery......................................................................................... 2-1 2.6 System Administration..................................................................................................................... 2-1 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview........................................................................................................................................... 3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan......................................................................................................................... 3-2 Interface Specification Document PremierOne"CAD Data View Interface Motorola Solutions Confidential Restricted TaOg6('o 710 6f 1 066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document (ISD) provides a description of the capabilities of PremierOne CAD Data View Interface (Interface) and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows third-party systems to retrieve information from PremierOne CAD RDW. PremierOne is setup to post transactional updates from CAD to the RDW database within 30 seconds. Standard SQL Views are available in PremierOne CAD RDW. A SQL account with read-only access to these views will be created for the third-party system. The third-party system can retrieve PremierOne data using a SQL connection. Figure 1-1 shows the connectivity and primary data flow across the system. Premie0ne,CAD.Server . ir Perty$V,,. Figure 1-1.Data View Interface Diagram Information required for installation, configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOne"CAD Data View Interface Motorola Solutions Confidential Restricted InterlaceF6'fs�[6ti4 8d6f 1 066 Interface Specification Document 1.3 DATAEXCHANGE The third-party system will have access to data via SQL Views (MV_*) in PremierOne CAD RDW database (ReportingDW). The PremierOne CAD RDW Data Dictionary will provide details about the standard views. The data flow diagram captures the events,triggers and message exchange between the systems. PreirniqrOne lir mt Premier0 T ord-CA D CAD RDWP CAD Cliew System UniWC .D). (l rii D N I I M (,, L Mew) N M � I Figure 1-2.Data View Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE The data transfer occurs in the background and is transparent to PremierOne CAD user. Third-party system users may view the information in their application. Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases o UC-01 Third-party system can query PremierOne CAD RDW. PremierOneTI CAD Data View Interface 1-2 Interface Description Motorola Solutions Confident 15'666 8 f 1 066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between SQL instance of PremierOne CAD RDW and the third-party system, over the Customer Enterprise Network. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. 2.3 SECURITY A SQL account with read-only access to the required Views in PremierOne CAD RDW will be created for the third-party system. Customer is responsible for ensuring the data is encrypted and protected during transfer, and the Customer Enterprise Network is protected against unauthorized access. 2.4 PERFORMANCE None. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne CAD. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the PremierOne CAD Data View or Customer Enterprise Network, which might affect the Interface. PremierOneTI CAD Data View Interface Motorola Solutions Confidential Restricted Operational ccP9q tio4$_,i-6 f 1 066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training, installation, configuration, on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the connection details, data element and filter criteria list (agency, incident type,status). b) Implement the Interface. c) Review third-party system queries to PremierOne CAD RDW,prior to implementation. d) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. e) Conduct functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration, test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. e) Witness the functional demonstration of the Interface. 0 Protect the Enterprise Network against unauthorized access. g) Provide secure connections between PremierOne and Data View Interface. h) Manage customer third-party responsibilities to completion, as applicable, enabling Motorola Solutions to complete its responsibilities. PremierOneTI CAD Data View Interface Motorola Solutions Confidential Restricted Stater t d,N IBS-6 f 1 066 Interface Specification Document i) Manage communication between Motorola Solutions and Customer third-party, enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Provide PremierOne CAD RDW Data Dictionary documentation. Motorola Solutions Provide PremierOne CAD RDW connection information. Motorola Solutions Establish network connectivity between PremierOne CAD RDW and the Customer third-party system. Provide filter criteria for PremierOne CAD RDW View-Agency, Customer Incident Type,Status. Apply filter criteria on the standard Views in PremierOne CAD RDW. Motorola Solutions Configure the third-party system to query and consume PremierOne Customer/third-party system CAD RDW data. Vendor PremierOne"CAD Data View Interface 3-2 Statement of Work Motorola Solutions Confidenti 618 f 1 066 MOTOROLA SOLUTIONS Prem'lerOnelll CAD - PowerPhone CACH Interface INTERFACE SPECIFICATION DOCUMENT Vusion 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 485 of 1066 TABLE OF CONTENTS Section 1 1.1 Introduction 1.2 Interface Overview 1.3 Data Exchange 1.4 Business Process 1.5 User Experience 1.5.1 Start Call Record 1.5.2 Update Information 1.5.3 Dispatch Recommendation 1.5.4 Release Call 1.5.5 Open Released Call 1.5.6 Close Call 1.6 Use Cases Section 2 2.1 Connectivity 2.2 Exception Handling and Logging 2.3 Security 2.4 Performance 2.5 High Availability and Disaster Recovery 2.6 System Administration Section 3 3.1 General 3.2 Overview 3.3 Responsibilities 3.4 Implementation Plan Interface Specification Document PremierOne"CAD-PowerPhone CACH Interface Motorola Solutions Confidential Restricted Table of Contents I Page 486 of 1066 Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document (ISD) provides a description of the capabilities of PremierOne CAD PowerPhone CACH Interface (Interface) and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope, those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface integrates the PowerPhone CACH system with the PremierOne CAD Client enabling the exchange of information between the two systems. The CACH User Interface (UI) guides the Call Taker through the call taking process with questions based upon the agency's Standard Operating Procedure (SOP). Data collected in the CACH UI can be sent to the PremierOne CAD Client. Data collected in the PremierOne CAD Client can be sent to CACH. The PremierOne Client and CACH run concurrently on the client workstation. Figure 1-1 shows the connectivity and primary data flow across the system. Prem lerCn e CAD Workstation �I P:o*, Phoate �. CH 6611-et t Figure 1-1.PowerPhone CACH Interface Diagram Information required for installation, configuration, test and support purposes regarding this Interface will be gathered during the ISD review. 1.3 DATAEXCHANGE Incident information is exchanged between the PremierOne CAD Client and the PowerPhone CACH application. The data flow diagram captures the events, triggers and message exchange between the systems. PremierOneTI CAD-PowerPhone CACH Interface Motorola Solutions Confidential Restricted Interface Description I Page 487 of 1066 Interface Specification Document PowerPhone PremlerDree CACH CACH 0 ie ret j; k I —incident Datar V R � p j; j, Additional/'Updated I% Incident.Data j p I b I' R Figure 1-2.PowerPhone CACH Data Flow Diagram 1.4 BUSINESS PROCESS The customer will need to determine how its SOP is applied to PowerPhone CACH and how a Call Taker uses CACH. The CAD Client only supports CACH from the Incident Initiate form (II command) and the Incident Management form (IU command). Incidents will be initiated in the CAD Client first. Information will then be sent to CACH. During the incident, information can be exchanged between the CAD Client and CACH in either direction, depending on the specific fields PowerPhone CACH must be running in the Windows background on the PremierOne CAD Client workstation in order to interface successfully. The user experience in the PowerPhone CACH UI is out of the scope of this document. Evoking CACH from the CAD Client is accomplished via any of the control key sequences CNTRL- ALT-L, CNTRL-ALT-F or CNTRL-ALT-M or via the Police, Fire or Medical Utility Menu options. All control key sequences and Utility Menu options have the same result since CACH has one entry point. The supported call taking scenarios are described in the following subsections. 1.5.1 Start Call Record After the Call Taker has answered a 911 call and initiated the incident on PremierOne CAD, the Call Taker evokes CACH. The location information, caller information, incident type and modifying PremierOneTI CAD-PowerPhone CACH Interface 2 Interface Description Motorola Solutions Confidential Restricted Page 488 Of 1066 Interface Specification Document circumstances (if provided by the Call Taker) are passed to CACH. Note: the PremierOne incident type and modifying circumstances are mapped to the CACH incident type. If the incident type and modifying circumstances are not provided, the Call Taker will select a CACH protocol. If the incident type and modifying circumstances were provided, the appropriate CACH protocol will automatically be selected for the Call Taker. 1.5.2 Update Information The Call Taker can update information in PremierOne CAD or in CACH. In either case, information is passed from one application to the other, per the information. The CACH Call Script is added to the incident comments and the CACH Call Log will be added to the Q&A tab in PremierOne CAD. 1.5.3 Dispatch Recommendation When the Call Taker follows the CACH call handling protocol, a dispatch recommendation will be made by CACH. The Call Taker can either accept or reject the dispatch recommendation in CACH. If the Call Taker accepts the dispatch recommendation, the dispatch information will be sent to PremierOne CAD and processed as follows by PremierOne CAD: • The CACH Incident Type with the highest risk/priority will be mapped to the PremierOne Incident Type and Modifying Circumstances fields. All remaining CACH Incident Types and their associated risk/priority values will be placed in the incident's Q&A tab. • The recommended responder skills and their associated risk/priority values will be placed in the Q&A tab. • The CACH Call Script will be added to the incident comments. • The CACH Call Log will be added to the Q&A tab. If the Call Taker refuses the dispatch recommendation, the dispatch information will be sent to PremierOne CAD and processed as follows by PremierOne CAD: • All CACH Incident Types and their associated risk/priority values will be placed in the Q&A tab. • The recommended responder skills and their associated risk/priority values will be placed in the Q&A tab. • The CACH Call Script will be added to the incident comments. • The CACH Call Log will be added to the Q&A tab. 1.5.4 Release Call CACH notifies PremierOne CAD when the call has been released. The CACH Call Script will be added to the incident comments and the CACH Call Log will be added to the Q&A tab in PremierOne CAD. PremierOneTI CAD-PowerPhone CACH Interface Motorola Solutions Confidential Restricted Interface Description 3 Page 489 of 1066 Interface Specification Document 1.5.5 Open Released Call The Call Taker may start the process of opening a released call from either CACH or the CAD Client. To open a released call from CACH, the Call Taker selects a call record from the CACH list. CACH passes the Record ID to PremierOne CAD. PremierOne CAD will open the corresponding CAD incident in an IU form in the active Work Area. If the active Work Area has something displayed, the IU form will be displayed in the next clear Work Area and that Work Area will be made active. If no Work Area is clear, a dialog box will display which will require the user to clear a Work Area and the press OK to proceed. If the user fails to clear a Work Area, the dialog box will continue to display until there is an available Work Area. To open a released call from PremierOne CAD, the Call Taker displays a CAD incident in PremierOne CAD. The Call Taker evokes CACH. PremierOne CAD will pass the Record ID to CACH and CACH will open the corresponding call. 1.5.6 Close Call CACH notifies PremierOne CAD when the Call Taker closes the CACH call within CACH. CACH will send updates to the CACH Call Script and CACH Call Log to PremierOne CAD. PremierOne CAD adds the Call Script updates to the incident comments and the Call Log updates are added to the Q&A tab. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface. They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases MEM UC-01 PremierOne user can evoke CACH via the Utilities menu. UC-02 PremierOne user can evoke CACH via shortcut keys. UC-03 PremierOne System can send data to CACH. UC-04 PremierOne System can receive data from CACH. UC-05 PremierOne user can view the information received from CACH in the incident comments and Q&A tab. PremierOneTI CAD-PowerPhone CACH Interface 4 Interface Description Motorola Solutions Confidential Restricted Page 490 of 1 066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne CAD and the Interface, over the Customer Enterprise Network. The PowerPhone CACH application will be installed on the same workstation as the PremierOne CAD Client. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. 2.3 SECURITY There are no additional security requirements for the Interface, beyond the standard implementation for PremierOne CAD. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface, beyond the standard implementation for PremierOne CAD. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in PowerPhone CACH Interface or Customer Enterprise Network, which might affect the Interface. Customer is responsible for keeping the reference data synchronized between PremierOne and PowerPhone CACH Interface system. PremierOneTI CAD-PowerPhone CACH Interface Motorola Solutions Confidential Restricted Operational Considerations I Page 491 of 1066 Interface Specification Document SECTION 3 STATEMENT OF WORK 3.1 GENERAL The following Statement of Work (SOW) defines the scope of work involved in delivering an interface between {THIRD PARTY SYSTEM NAME} and the {Customer}'s ("Customer") PremierOne {CAD/Mobile/Records} System. This document includes the responsibilities of Motorola and the Customer. 3.2 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training, installation, configuration, on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.3 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain reference data and verify the data mapping. b) Implement the Interface and configure it on a single PremierOne CAD Client workstation. c) Provide guidance on hardware, software and network connectivity that may be required of Customer to support the interface implementation use and maintenance, prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration, test and support. b) Familiarize themselves with this ISD. c) Provide all hardware, software and network connectivity not specifically provided by Motorola Solutions, prior to implementation. d) Coordinate with PowerPhone to identify and obtain required specifications, licenses or product upgrades required to support the Interface. PremierOneTI CAD-PowerPhone CACH Interface Motorola Solutions Confidential Restricted Statement of Work I Page 492 of 1066 Interface Specification Document e) The customer's third-party system must be on a version supported by the customer third- party. Customer will procure any required upgrades. f) Coordinate Customer third-party involvement with the implementation and testing of the Interface, as required. g) Witness the functional demonstration of the Interface. h) Protect the Enterprise Network against unauthorized access. i) Provide secure connections between PremierOne and the Interface. j) Manage customer third-party responsibilities to completion, as applicable, enabling Motorola Solutions to complete its responsibilities. k) Manage communication between Motorola Solutions and Customer third-party, enabling Motorola Solutions to complete its responsibilities. 3.4 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Provision reference data in PremierOne CAD. Customer Provision reference data in PowerPhone CACH. Customer Provision the Interface in PremierOne CAD. Motorola Solutions Install the PowerPhone CACH application on the PremierOne CAD Customer Client workstations. Configure the PowerPhone CACH application to provide data to the Customer/PowerPhone PremierOne CAD Client and consume data from the CAD Client. Provide a PowerPhone CACH installed PremierOne CAD Client Customer workstation for testing. PremierOneTI CAD-PowerPhone CACH Interface 2 Statement of Work Motorola Solutions Confidential Restricted Page 493 of 1 066 MOTOROLA SOLUTIONS Prem'lerOne TM CAD Tear N Run Interface INTERFACE SPECIFICATION DOCUMENT Vusion 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 494 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-2 1.5 User Experience................................................................................................................................ 1-2 1.6 Use Cases.......................................................................................................................................... 1-4 Section 2 OperationalConsiderations................................................................................................................................ 2-1 2.1 Connectivity...................................................................................................................................... 2-1 2.2 Exception Handling and Logging..................................................................................................... 2-1 2.3 Security............................................................................................................................................. 2-1 2.4 Performance...................................................................................................................................... 2-1 2.5 High Availability and Disaster Recovery......................................................................................... 2-1 2.6 System Administration..................................................................................................................... 2-1 Section 3 Statementof Work............................................................................................................................................. 3-1 3.1 Overview........................................................................................................................................... 3-1 3.2 Responsibilities................................................................................................................................. 3-1 3.3 Implementation Plan......................................................................................................................... 3-2 Interface Specification Document PremierOne"CAD-Tear N Run Interface Motorola Solutions Confidential Restricted TaOg6('495 6f 1 066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document (ISD) provides a description of the capabilities of PremierOne CAD Tear N Run Interface (Interface) and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne CAD to send incident information to the printers configured on the PremierOne servers. The printers are setup through Windows Print Services on each of the PremierOne CAD application servers, and associated to units in the PremierOne CAD system. The PremierOne CAD Alerting service will print the configured Tear N Run report with incident information,based on manual user request or the alerting scheme provisioned in PremierOne CAD. Figure 1-1 shows the connectivity and primary data flow across the system. Pre( 'i 0 � lirrl' Premier0ne CAI] Server 1 ' fin.�t ,print jPre €rvibe Figure 1-1.Tear N Run Interface Diagram Information required for installation, configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOneTI CAD-Tear N Run Interface Motorola Solutions Confidential Restricted InterfaceF6'ffg-9` 9d-6 f 1 066 Interface Specification Document 1.3 DATAEXCHANGE The PremierOne CAD Alerting service generates the Tear N Run report and manages the print request. The PremierOne system cannot handle any messages or pop-ups from the printer. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne PremierOne Windows Print Printer (SAD Client CAD Server- Service I I I I Dispatch Unit f Manual Print Print Requ est i —Print N N Figure 1-2.Tear N Run Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE PremierOne CAD can be provisioned to automatically print the Tear N Run report when units are dispatched,based on the alerting scheme. Prior to dispatching, PremierOne CAD user can manually override the printing in the Incident Dispatch form by clicking the Alerting button. PremierOne"CAD-Tear N Run Interface 1-2 Interface Description Motorola Solutions Confidentj`P'46 49 f 1 066 Interface Specification Document Cannsgle Edit W.rkAsea Utilities Hells F r.l;##0412.4 -dlConsole synchronization was performed._. -. ' ' pf 4 ai[ SlnWw*jgn®a0$14(19 24 13 17 47 G5.2©2014 Aterting List Type View I 'VitedriesdatMay2j,2914 .. Status Active IncType STRUCP ,t P- 04E401(OSS M.lc AilarmLvl Pnorit+- W Z26,21(FSA) 3'' r/ 1141ADASHISYSTEM(PR) Dutch List: 414 401 Missing from Rec. I-AM 2-CH 3-EN1-50...2-TK 041414(OS) Capaha LlnslS W Z26121(FSA) 9 Ahu9 22!2214 CH: :402: s 9311343 EN 411 421 2212219 SO 496 w 103 Panel _ In TK 41 13113#'9 E Nethric Available R( Alone Online -i C Const ADMWS03 N User SIU Preempt No: C. Rule CADAdm... w Envir Production i!t.:r.l I' Reseteguast lea[,Ad(tl IesgLrst 11, Alerting" Cancel l Figure 1-3.Automated Print Sample PremierOne CAD user can also use the TN command or the Print form to manually print the Tear N Run report on the configured printers. W Preni CAD Client L , Console Edit lyork'Area WGrities Help t1 TN form is displayed °! Fndgy Septernber G8,2nt9 ,.... ...Printed Alert ._.. ...._ ...... ......... ......... 2 '.. Incident:lP '.. 4 Send Incident Info To Punter Infa Panel D. Netwrk: Availagle '.. M 2 Mdde Online PI 3 G nsl TRAIN6 0 User NC998 V+1 Role DISPATC.. Erivir Production '..... ANIIALL Figure 1-4.Manual Print Sample PremierOneTI CAD-Tear N Run Interface Motorola Solutions Confidential RestrictedInt"`aceF6'f§-4h'pr9�-6 f 1 066 Interface Specification Document 1.6 USECASES Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases e i UC-01 PremierOne system can print Tear N Run report based on the alerting scheme. UC-02 PremierOne user can view list of pre-defined units that will receive the Tear N Run printout. UC-03 PremierOne user can override the pre-defined Tear N Run printing. UC-04 PremierOne user can send manual Tear N Run print request. PremierOneTI CAD-Tear N Run Interface 1-4 Interface Description Motorola Solutions Confidentj`PW6 t49 f 1 066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne CAD and the printers over the Customer Enterprise Network,using Windows Print Services. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. 2.3 SECURITY There are no additional security requirements for the Interface,beyond the standard implementation for PremierOne CAD. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. Printouts are expected to be received immediately after the units are dispatched. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne CAD. The printers will be setup on all the PremierOne CAD application servers. The Interface will be configured on the PremierOne recovery servers, if one is available. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in configured printers or Customer Enterprise Network, which might affect the Interface. New printers for the Interface will need to be added to all the PremierOne CAD application servers and provisioned in PremierOne CAD. PremierOneTI CAD-Tear N Run Interface Motorola Solutions Confidential Restricted Operational ccP4 lic5od 6 f 1 066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training, installation, configuration, on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the Interface. b) Implement the Interface. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration, test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Provide a functional printer and identify a station for testing the Interface. e) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. f) Witness the functional demonstration of the Interface. g) Protect the Enterprise Network against unauthorized access. h) Provide secure connections between PremierOne and the Interface. i) Manage customer third-party responsibilities to completion, as applicable, enabling Motorola Solutions to complete its responsibilities. PremierOneTI CAD-Tear N Run Interface Motorola Solutions Confidential Restricted Stater ft d,�tb f 6 f 1 066 Interface Specification Document j) Manage communication between Motorola Solutions and Customer third-party, enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Establish network connectivity between PremierOne CAD and the Customer printers. Determine Alerting Scheme. Motorola Solutions Provide data for Alerting Scheme-Agency,Incident Type,Station,Unit, Customer Printer. Add printers to the Windows Print Services on the PremierOne application Customer servers. Provision Printers in PremierOne CAD. Customer Configure the Tear N Run Report in PremierOne CAD. Motorola Solutions Provision the Alerting Scheme in PremierOne CAD. Motorola Solutions/Customer Identify Station and Printer for testing. Customer PremierOne"CAD-Tear N Run Interface 3-2 Statement of Work Motorola Solutions ConfidentiaPW66tqJ0f 1 066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 8 Change Order COmOO7 Form Change Order CO-007 Form follows this page. Change Order CO-007 Form MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 8-1 Page 503 of 1066 MOTOROLA SOLUTIONS CHANGE ORDER [007] Change Order No. 007 Date: 12/09/2021 Project Name: PremierOne Cloud Suite CAD, Records, Mobile Customer Name: City of Boynton Beach, FL Customer Project Mgr: Steven Christian Purpose of this Change: The purpose of this Change Order is to modify the current agreement/contract to reflect the Hybridsolution per the following attached documents: • System Description(SD) • Scope of Work(SOW) • Interface Specification Documents (ISDs) In addition to these changes this Change Order exhibit also represents a`zero dollar' scope change for the Hybrid solution, as noted in the above referenced documents, to deliver the described Hybrid PremierOne solution and Cloud migration entitlement. • Hybrid functionality and new Cloud Capabilities will be included in the change order, at no cost to Boynton Beach. Current work effort in Cloud will be used. The Cloud Capabilities suite and products are described in this Change Order. • Complete cloud migration (entitlement to adopt Cloud functionality,which replaces contracted on-premise functionality as it becomes available and meets the needs of users)will also be included in the change order, at no cost to Boynton Beach. The Hybrid solution for Boynton Beach includes Cloud migration entitlement. Boynton Beach will be entitled bparticipate in Cloud product(s) demonstrations and trials to validate product(s) functionality and how Boynton Beach's workflows and desired outcomes may be accomplished through Cloud product(s). New Cloud product(s),which provide features and benefits over and above the Hybrid on-premise contracted system will be reviewed with Boynton Beach and may be offered at an additional cost via Change Order. Motorola will demonstrate Cloud functionality at a mutually agreeable cadence for correlated product(s) (i.e. CAD, RMS,Mobile) and work with Boynton Beach to show Progress reports of how product(s) and service(s) are moving to native Cloud environments and operations. Motorola will assign a Customer Success Advocate (CSA)who will communicate roadmap updates with regular frequency(i.e.quarterly) and help educate Boynton Beach representatives on how these featurescould provide benefit and improve adoption and usage of the Cloud platform. The CSA will also capture customer feedback as part of our ongoing roadmap development to best understand and meet the needs of the industry. The initial release of Motorola's Cloud suite,known as Command Central Suite,was June 30, 2021 and subsequent feature releases planned at least twice annually to provide desirable functionality andperformance. Page 1 of 4 Change Order Form 04.2011.doc Page 504 of 1066 MOTOROLA SOLUTIONS CHANGE ORDER [007] During the contract term, Boynton Beach and Motorola will work in good faith to mutually develop a migration schedule,training (train-the-trainer), and product(s)which suit the Boynton Beach's needs in the Cloud environment,including any agreed changes to maintenance, training, and other on-premises services set forth in the initial purchase no longer required as a result of the cloud migration. This agreement creates no obligation of Boynton Beach to pay additional amounts for above and beyond the costs agreed hereto, and in the event there are no acceptable, correlated Cloud product(s) available from Motorola,in whole or in part, Boynton Beach may remain in the on-premise "Hybrid" mode of operation. In the event that contracted products or functionality are discontinued and re-introduced in new product(s), Motorola will not charge an additional fee or cost for those new products, which are required to maintain correlated functionality. At its discretion, Motorola may continue to support discontinued products in this Agreement, in lieu of new or replacement offerings,but this does not negate Motorola's responsibility to provide a correlated native- cloud system. Any activities already completed in the project thus far and noted in the attached SOW,will be reviewed and Motorola and Boynton Beach will determine which need to be revisited given the hybrid solution and may choose to condense or confirm completion of these activities as appropriate. Additional Terms for On-Premise Software System as a Service. The terms set forth in Paragraph 10of the Software Products Addendum—Additional Terms for On-Premise Software System as a Service apply in the event Customer purchases an on premise Software System as a service under this SPA. Transition to Subscription License Model. If the Parties mutually agree that any on-premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center,then uponsuch time which the Parties execute the applicable Ordering Document, (a) the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automaticallyterminate, (b) Customer and its Authorized Users will cease use of the applicable on-premises copiesof Subscription Software, and(c) the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA. Transition Fee.Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software, as described in Section 2.10.1 —Transition to Subscription License Model.Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, and may be greater than Feespaid by Customer for on-premises Subscription Software. Software Decommissioning.Upon (a)transition of the on-premises Software System as a service to Subscription Software hosted in a data center or(b) any termination of the Subscription Software license for the on-premises Software System as a service,Motorola will have the right to enter Customer Sites and decommission the applicable on-premises Subscription Software that is installed at Customer's Site or on Customer-Provided Equipment. For clarity, Customer will retain the right touse Licensed Software that is firmware incorporated into Equipment purchased by Customer from Motorola and any Microsoft operating system Licensed Software. Page 2 of 4 Change Order Form 04.2011.doc Page 505 of 1066 MOTOROLA SOLUTIONS CHANGE ORDER [007] Contract# FLP219I267A Contract Date: 06/25/2020 In accordance with the terms and conditions of the contract identified above between Boynton Beach, FL and Motorola Solutions,Inc., the following changes are approved: Contract Price Adjustments Original Contract Value: $425,793.50 Previous Change Order amounts for Change Order numbers 001 through 006 $0 This Change Order: $0 New Contract Value: $425,793.50 Completion Date Adjustments Original Completion Date: 05/07/2021 Current Completion Date prior to this Change Order: 08/02/2021 New Completion Date: TBD Changes in Equipment: (additions, deletions or modifications)Include attachments if needed See the attached System Description for details in equipment to be provided. Changes in Services: (additions, deletions or modifications)Include attachments if needed See the attached System Description, Statement of Work& Training Plan for Services to be delivered. Schedule Changes: (describe change or N/A) TBD Pricing Changes: (describe change or N/A) Total Change Order Costs $0 Customer Responsibilities: (describe change or N/A) See the attached System Description, Statement of Work& Training plan for Customer Responsibilities. Page 3 of 4 Change Order Form 04.2011.doc Page 506 of 1066 MOTOROLA SOLUTIONS CHANGE ORDER [007] Payment Schedule for this Change Order: (describe new payment terms applicable to this change order) NA Unless amended above, all other terms and conditions of the Contract shall remain in full force. If there are any inconsistencies between the provisions of this Change Order and the provisions of the Contract, the provisions of this Change Order will prevail. IN WITNESS WHEREOF the parties have executed this Change Order as of the last date signed below. Motorola Solutions,Inc. Customer By: By: Printed Name: Daniel Sanchez Printed Name: Title: Territory Vice President Title: Date: Date: Reviewed by: Steven J. Christian Date: 12/09/2021 Motorola Solutions Project Manager Page 4 of 4 Change Order Form 04.2011.doc Page 507 of 1066 1 RESOLUTION NO. R22-045 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO MODIFY 6 THE CURRENT AGREEMENT WITH MOTOROLA SOLUTIONS COMPANY 7 TO PROVIDE A HYBRID PREMIERONE CLOUD HOSTED/ON-PREMISE 8 SOLUTION TO THE COMPUTER AIDED DISPATCH (CAD), RECORDS 9 MANAGEMENT SYSTEM (RMS)AND MOBILE REPORTING SOLUTIONS 10 AS WELL AS ANCILLARY PRODUCTS AND SERVICES,AS DESCRIBED IN 11 THE CHANGE ORDER, FOR ZERO COST; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS,this Change Order will allow the Police Department to modify the current 16 agreement with Motorola to enhance the functionalities associated with the cloud hosted 17 CAD/RMS/Mobile solution and will extend the completion date of the contract by 3 months; 18 and 19 WHEREAS, this system is critical to the safety of first responders and the public by 20 tracking and providing critical information when it's needed most which is dependent on a 21 properly functioning CAD/RMS and Mobile solution; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff,deems it to be in the best interests of the City residents to authorize 24 the City Manager to modify the current agreement with Motorola Solutions Company to 25rovide a hybrid PremierOne cloud hosted/on- remise solution to the Computer Aided P Y P p 26 Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well 27 as ancillary products and services, as described in the Change Order, for zero cost. 28 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA,THAT: SACA\RESOWgreements\Motorola Change Order(2022)-Reso.dou Page 508 of 1066 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 34 approves and authorizes the City Manager to modify the current agreement with Motorola 35 Solutions Company to provide a hybrid PremierOne cloud hosted/on-premise solution to the 36 Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting 37 solutions as well as ancillary products and services,as described in the Change Order,forzero 38, cost, a copy of which is attached hereto as Exhibit'A." 39 Section 3, This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 15th day of March, 2022. 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 Mayor--Steven B. Grant 44 45 Vice Mayor—Woodrow L. Hay 46 47 Commissioner—Justin Katz 48 49 Commissioner—Christina L. Romelus 50 51 Commissioner—Ty Penserga 52 53 VOTE 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC w. 59 City Clerk 60 61 (Corporate Seal) SACARESO'AgreementsWotorola Change Order(2022)-Reso.dou Page 509 of 1066 c)e) MOTOROLA SOLUTIONS CHANGE ORDER [007] Change Order No. 007 Date- 12/06/2021 Project Name: Prenuer0ne Cloud Suite CAD, Records, Mobile Customer Name: City of Boynton Beach,FL Customer Project Mgr: ,-Steven Christian Purpose of this Change: The purpose of this Change Order is to niodify the current agreement/contract to reflect the Hybridsolution per the following attached documents: • System Description(SD) • Scope of Work(SOW) • Interface Specification Documents( SI s) In addition to these changes this Change Order exhibit also represents a 'zero dollar' scope change for the Hybrid solution,as noted in the above referenced documents, to deliver the described Hybrid PremicrOne solution and Cloud migration entitlement. • Hybrid functionality and new Cloud Capabilities will be included in the change order,at no cost to Boynton Beach, Current work effort in Cloud will be used. "The Cloud Capabilities suite and products are described in this Change Order. • Coniplete,cloud migration(entitlement to adopt Cloud functionality,which replaces contracted on-prernise functionality as it becomes available and meets the needs of users)will also be included in the change order, at no cost to Boynton Beach. The Hybrid solution for Boynton Beach includes Cloud migration entitlement. Boynton Beach will be entitled t)participate in Cloud product(s)demonstrations and trials to validate product(s)functionality and how Boynton Beach's workilows and desired outcomes may be accomplished through Cloud product(s). New Cloud product(s), which provide features and benefits over and above the Hybrid on-premise contracted system will be reviewed with Boynton Beach and may be offered at an additional cost via Change Order. Motorola will demonstrate Cloud functionality at a mutually agreeable cadence for correlated product(s)(i.e.CAD, RMS,]Mobile)and work with Boynton Beach to show Progress reports of how product(s)and service(s)are moving to native Cloud environments and operations. Motorola will assign a Customer Success Advocate(CSA)who will communicate roadmap updates with regular frequency(i.e.quarlerly)and help educate Boynton Beach representatives on how these featurescould provide benefit and improve adoption and usage of the Cloud platform.The CSA will also capture customer feedback as part of our ongoing roadmap development to best understand and meet the needs of the industry. The initial release of Motorola's Cloud suite, known as Command Central Suite, was June 30, 2021 and subsequent feature releases planned at least twice annually to provide desirable functionality andperfonriance. Pagfj 1 of 4 -6ange_Order Form i Page 510 of 1066 CHANGE ORDER [4117] During the contract term, Boynton Beach and Motorola will work in good faith to mutually t develop a migration schedule,training(train-the-trainer), and product(s)which suit the Boynton Beach's needs in the Claud environment, including any agreed changes to maintenance, training,and other on-premises services set forth in the initial purchase no longer required as a result of the cloud migration. This agreement creates no obligation of Boynton Teach to pay additional amounts for above and beyond the costs agreed hereto,and. in the event there are no acceptable,correlated Cloud product(s)available from Motorola, in whole or in part, Boynton Beach may remain in the on-prernise"Hybrid" anode of operation. In the event that:contracted products or functionality are discontinued and re-introduced in new product(s),Motorola will not charge an additional fee or east for those new products, which are required to maintain correlated functionality. At its discretion,Motorola:may continue to support discontinued products in this Agreement, in lieu of new or replacement offeringsbut this does not negate Motorola's responsibility to provide a correlated native cloud system. Any activities already completed in the project thus far and noted in the attached SOW,will be reviewed and Motorola and Boynton Beach will determine which need to be revisited given the hybrid solution and may choose to condense or confirm completion of these activities as appropriate. Additional Terms for{fin-Premise Software System as a Service.The terms set forth in Paragraph I Oof the Software Products Addendum—Additional Terms for On-Premise Software System as a Service apply in the event Customer purchases an ort premise Software System as a service under this SIVA. Transition to Subscription License Model, If the Parties mutually agree that any on-premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center,then uponsuch time which the Parties execute the applicable Ordering Document, (a) the licenses,ranted to such on-premises Subscription Software under the applicable Ordering Document will automaticallyterrninate, (b)Customer and its Authorized Users will cease use of the applicable on-prep ises copiesof Subscription Software, and(c)the replacenrent hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPAS... Transition Fee.Motorola will not charge additional Fees for Services related to the transition to hosted 'Subscription Software,as described in Section 2.14.1 - Transition to Subscription License Model,Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, and may be greater than Feespaid by Customer for on-premises Subscription Software. Software Decommissioning. Upon(a)transition of the on-premmses Software System as a service to Subscription Software hosted in a data center or(b) any termination of the Subscription Software license for the on-premises Software System as a service, Motorola will have the right to enter Customer Sites and decominissiorr the applicable on-prennises Subscription Software that is installed at Customer's Site or on Customer-Provided Equipment.For clarity,Customer will retain the right touse Licensed Software that is �� firmware incorporated into Equipment purchased by Customer from Motorola and any Microsoft operating systern Licensed Software. turf= Page 2 of 4 ChangeOrder ormg04.2011.doc Page 511 of 1066 0 MOTOROLA SOLUTIONS CHANGE ORDER [0071 Contract# FLP2191267A Contract Date: 06/25/2020 In,accordance with the terms and conditions of the contract identified above between Boymon Beach, Fl,and Motorola Solutions, Inc., the following changes are approved: Contract Price Adjustments Original Contract Value: $425,793,50 Previous Change Order amounts for Change Order numbers 001 through 006 $0 This Change Order: $0 New Contract Value: $425,79150 Completion Date Adjustments Original Completion Date: 05/07/2021 Current Completion Date prior to this Change Order: 08/02/2021 New CompletionDatc: I TBD Changes in Eju!pmeat: (additions, deletions or nlodiflcatio�-s)hiclude attachments if nQ See the attached System Description for details in equipment to be provided. Changes in Services: (additions, deletions err niodfmcations) Include attachments if need See the attached System Description, Statement of Work&Training Plan for Services to"e delivered. Schedule Chun es:_(describe churn c or N1,4) Pricing Changes; (describe change or A11A) Total Change Order Costs $0 Customer Responsibilities: (descilbe eha!!ge or N/A) See the attached System Description, Statement of Work&'Fraining plan for Customer Responsibilities. Page Tof 4 Change Order Form ............ Page 512 of 1066 0 MOTOMOLA SOLUTIONS CHANGE ORDER 007 Payment Schedule for this Change Order. jl� cs�cribc ne y mr nt termsy lira It,to thischa!! e rr dere NA Unless amended above, all other tenns and conditions of the Contract shall remain in full force. If there are any inconsistencies between the provisions of this Change Order and the provisions of the Contract_,the provisions of this Change Order will prevail. IN WITNESS WHER-EOP the parties have executed this Change Order as of the last date signed below,. Motorola Solutions,Inc. Customer By: y: Printed Name: Daniel Sanchez printed Name: , 'title: Territory Vice president Title: 414/1 Date: late: Reviewed by: Steven J. Christian Date, 12/06/2021 Motorola Solutions project Manager APPqOVED AS TO FORM 4' Vo—rney i Pa c ange_order Farm 04,2011.dac -- — i Page 513 of 1066 { MMOTOROLA SOLUTI• s , Proposal City of Boynton Beach FL .Hybrid Solut'ion - COwO07 Order Exh'ib'lt 21-PS-124218 / FLP191267A December 9, 2021 The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal,and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal,without the express written permission of Motorola Solutions,Inc. 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.©2021 Motorola Solutions,Inc.All rights reserved. 21-PS-124218/FLP191267A Page 514 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 2 System D 2.1 System Overview Motorola is pleased to present the following system for the City of Boynton Beach, FL(hereinafter referred to as the"Customer"). Our system is based on our interpretation of the requirements derived from our discussions with you. Motorola's offering consists of server hardware, server-networking hardware, system software, PremierOne application, CommandCentral Community and client software, interfaces and services (as stated inthe Statement of Work). The following represents a logical illustration of the system components. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-1 ®MOTOROLA SOLUTIONS Page 515 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A BOYNTON BEACH — SYSTEM DIAGRAM PlefirderINTERNET • Rcords r G INTER-SITE WAN #0 OU LAN LAN_ Its ' a ReLlundonrFlrtewdllRaut6rs I ® WS 8tt � yc � Redundant Ethemet !Y` • Switches { { Application VM Hosts H?DL360 Gcn10 Test/Train VM Hosts Database VM Hosts I Reporting Server VM Hosts ------- ---------------- H:DL360 Gen10 WDL3E0 Gen10 A1pt"lan vtAN--, Nimble SAH = —uac�ouovtAft—I Figure 2-1: Representative System Diagram 2.1.1 Participating Agencies The designated agencies participating in the system are: • Boynton Beach Police Department System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-2 ©MOTOROLA SOLUTIONS Page 516 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order E=xhibits 21-PS-124218/FLP191267A .2.1.2 Basis for System Sizing The system is sized by tiers. Motorola uses Call for Service(CFS)and employee counts asthe parameters to establish the tiers of infrastructure sizing. Based on the counts provided by the Customer,this system has been sized as follows: • Up to 500,000 CAD Calls for Service per year • Up to 100 PremierOne CAD clients • Up to 500 PremierOne Mobile clients (Connected) • Five (5)years of PremierOne CAD data retention (2 years online, 1 years reporting). The following applications, system components, and services are included in this system: 2.1.3 Application Software and System Components This System is comprised of the following component and Subsystem elements: • PremierOne CAD version 4.5 (or later)with Automatic Resource Location (ARL) - PremierOne Mobile via cellular - PremierOne Handheld via cellular • PremierOne Records version 4.5 (or later)with FL IBR(SIBR)submission - PremierOne Mobile Records - PremierOne Property and Evidence • System Hardware Components • CommandCentral PremierOne Records Extensions Subscription • Interfaces - NG-E911 ANI/ALI - Florida TRaCS Accidents - Florida TRaCS Citation - State Query(FCIC/NCIC) - FireWorks Fire Records CFS Feed - UCR/IBR - LEX FINDER (RDW data out) - LexisNexis (ATACRAIDS)-(RDW data out) - SPIDRTech/CAD - SPIDRTech/RMS System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-3 ®MOTOROLA SOLUTIONS Page 517 of 1066 I City of Boynton Beach FL \ December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A - PowerPhone - Rip N Run 2.1.4 System Application Client Software Licensing The following table summarizes the number of PremierOne client application software license's for all agencies listed in Participating Agencies. Client application software licenses are noted here for system sizing purposes only. The Customer will have SaaS-based licenses consistent with the original proposed counts. Table 2-1: System Client Licensing System Client,�icenses Per Seat Concurrent PremierOne CAD Dispatch with Mapping(no site license offered) 7 n/a PremierOne CAD Limited Use (no site license offered) 2 n/a PremierOne Mobile with Mapping n/a 32 PremierOne Records n/a 51 PremierOne Records Mobile n/a 32 PremierOne Handheld n/a 17 2.1.5 Microsoft, VMware, other Software Licensing Ancillary components The following table lists the type and number of Microsoft, VMware, Hewlett Packard Enterprise (HPE) and other licenses and the party responsible for providing them. Table 2-2: Microsoft and VMware Licensing MotorolaMicrosoft&VMware Licenses PrimarySite] Customer Provided . Microsoft SQL Server Enterprise 2017 4 Core ENT Base Lic 3 X Microsoft SQL Server Standard 2017 4 Core STN Base Lic 5 X Microsoft®SysCtrDatacenter 2016 2 Core Base and Add Lic 36 X Microsoft®SysCtrDatacenter 2016 2 Core Add Lic Maintenance 36 X VMWare vSphere 6 Ent+CPU 1 X System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 274 ®MOTOROLA SOLUTIONS Page 518 of 1066 i City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Motorola . . Provided VMWare vCenter 6 Std 1 X VM, Monitoring and ADC SW SolarWinds Network Performance 1 X Monitor SL250 License VM, Monitoring and ADC SW SolarWinds NetFlow Traffic Analyzer 1 X SL250 License VMware Site RecoveryManager 1 �7x The following table, lists the type, number and who is providing these ancillary items: Table 2-3: Ancillary Components I Quantity F5 Load Balancers Virtual/Physical Network Load X 2 Balancing software integrated with system GIS Editing Software 10.6.1 of Esri ArcGIS Desktop and X Network Analyst extension software Client Access Licenses Microsoft Windows Server 2017 X 1 Per Client Refer to Microsoft Website for Guidance CommSys ConnectCIC Enables State Queries X 1 Extreme Networks Summit Provides server component isolation X 2 X620-16t switch from other systems within the Customer's data center by means of a firewall router. Extreme Networks Summit X 1 X460-48 OOB switch PremierOne Fortigate FG- X 2 501 E Firewall Device System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-5 ®MOTORoca SOLUrIONS Page 519 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Description Details Customer . . . Quantity Provided Provided -J PremierOne FortiGate AC X 2 Power Supply for FG- 300/301 E AND FG-500/501 E F5 BIG-IP LTM 1G Load X 1 Balancer HPe DI-360c Gen10 w/dual Host Server X 3 Xeon Gold 6146,384 GB RAM,2 NIC,2 x 8GB microSD HPe DL360 Gen 10.w/single Monitor Server X 1 XeonS 4114, 128 GB RAM, 5x1.2TB HDD Nimble Storage HF20 SAN X 1 21 TB HPe StoreOnce 3520 Location to store backups X 1 System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-6 ®MOTOROLA SOLUTIONS Page 520 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A o Provided Provided, HPE 42U Enterprise 800mm Rack mount keyboard and monitor X wide rack,with Console, Cabinet Dimensions KVM Switch, and monitored 78.9 in.x 39.7 in.x 24 in. PDUs Shipping Dimensions (with packaging materials) 86.2 in.x 48 in.x 35.6 in. Shipping Weight 850 ib.—Total Installed Weight 3851b.—Rack 366 Ib—Equipment 751—Total Maximum Load of Rack 3000 Ib. Rack Clearance Front:48 inch Back:30 inch Power Distribution Units HPE 4.9kVA 208V HPE StoreOnce3520 Location to store backups X 1 2.1.6 System Interfaces and Integrations The table below lists the specific integrations or interfaces included in our system. Specification documents are included in Section 7 (Interface Specification Documents). The IFD (Interface Feature Description) or ISD (Interface Specifications Document) details the specific features and functionality of theinterface and describes the implementation process and responsibilities of the involved parties. Any requests for change to the Interface Feature Description or ISD following contract execution is subject to review and consideration through the change control mechanism of the contract. Table 2-4: System Interfaces and Integrations Interface or . . DataDirection Integration Name (inbound,Outbound, System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-7 ®MOTOROLA SOLUTIONS Page 521 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A NG-E911 ANI/ALI CAD CAD Server CallWorks 911 1 Interface Florida TRaCS Records Records Server TRaCS Crash and I Accidents Citation—FL(TEG) Florida TRaCS Records Records Server TRaCS Crash and I Citation Citation—FL(TEG) State Query CAD PremierOne COMMON—Suite B (FCIC/NCIC) Suite Services State Query FireWorks Fire CAD CAD Reporting COMMON—CAD O Records CFS Data Outbound FRMS Feed Warehouse UCR/IBR Records Records Server COMMON— 0 Submission Records State Submission LEX FINDER Records Records COMMON— 0 (RDW data out) Reporting Data Records Data View Warehouse LexisNexis Records Records COMMON— O (ATACRAIDS) Reporting Data Records Data View -(RDW data Warehouse Out) SPIDRTech CAD CAD Reporting COMMON—CAD O Data Data View Warehouse SPIDRTech RMS Records COMMON— 0 Reporting Data Records Data View Warehouse PowerPhone CAD CAD Client CAD Call Handling— O CACH (PowerPhone) Rip N Run CAD CAD Server COMMON—Tear& O Run System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-8 ®MOTOROLA SOLUTIONS Page 522 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A 2.2 System Architecture The system is designed on the principles of Service Oriented Architecture (SOA) allowing separation of servers and services to modular components. The system can be expanded through the allocation of additional physical or logical resources as needs grow. The systemis deployed with a single production environment incorporating the high availability components and interfaces presented in this system. The production environment incorporates the high availability components and reconfigured interfaces presented in this system. The system is architected around a virtualized server configuration and supports VMware vSphere 6.5 (or later)for the hypervisor. Server virtualization provides application isolation providing the ability to isolate specific services for ease of diagnostics and hardware resource management. 2.2.1 PremierOne High Availability Architecture PremierOne is also architected to have no single point of failure. Its software design is redundant, as database replication occurs across multiple servers. The system is built onindustry standard components from Microsoft .NET architecture using Microsoft Windowsand Microsoft SQL Server and other vendors. The combined software, hardware and IT network architecture is designed to provide an integrated high-availability system at each site. Redundant software and hardware components are the basis of the high-availability system design. Redundant network pathsare used throughout the system configuration. Multiple application servers support the application service layer and utilize load balancing to manage the load across the servers. RAID storage configurations provide redundancy and recovery within the storage components, and dual power supplies and circuits are usedto ensure power redundancy. Application, database, and Application Delivery Controllers (ADC)failovers operate independent of one another within PremierOne. This means the failure of one component does not require the other components to fail over. PremierOne's active monitoring identifies problems and failures before they occur. For example, low disk space or high processor utilization will trigger an alert to be sent, to notifythe recipient of a possible problem or future failure before it affects the system. In the eventof a service or component failure, PremierOne will stop using the failed service or component instance and automatically shift over to the secondary service or component instance without impacting operations. The following depicts the fault tolerant components of the system: Table 2-5: Fault Tolerant Software Components Component System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-9 ®MOTOROLA SOLUTIONS Page 523 of 1066 1 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Component • Multiple F5 ADCs to provide load balanced network traffic to the application servicesPremierOne monitors active services and restarts them as necessary. • In the case of a server failure,the node is disabled transferring the load to the remaining nodes in the cluster. • Replicated databases on different servers. Servers are replicated in a cluster set. • SQL Server AlwaysOn provides redundancy and automatic failover. • In case of a database server failure,there is no user intervention required.Secondary database becomes the active database without administrator intervention and continues processing transactions within the data center. • Fault tolerant networking components throughout the entire stack,the use of Link Aggregation Groups between network nodes and multipath configuration such that no single cable, port or device can interrupt system operation. • PremierOne System Manager monitoring: • CAD application • Records application • Application Delivery Controller cluster Database status • Disk space • Windows Performance Counters The backup service (backup library and backup software), the Report Data Warehouse (ad hoc reporting services), and the Test/Training environments are not designed to meet the same high availability requirements as the production application and database servers. Reporting services and test/training environment(s) are not considered critical and therefore are not redundant in the configuration. The system design also provides a single limited use environment that can be used as a test or training environment.The single limited environment does not include the interfaces configured for use in the production environment. Environment Summary • 1 Production Environment • 1 Limited Use for Test or Training 2.2.2 Microsoft Active Directory Service (On-Premise) The system provides directory services to support the secure management and operations of the system through an isolated Microsoft Active Directory(AD) environment. The servers provided with the system contain computer accounts in this AD tree. Service and Administrator user accounts and groups will be set up in the isolated Active Directory with the appropriate group memberships set. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-10 ©Moro#zaL/I soLurioNs Page 524 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A In order to facilitate ease of user account management, the system can use the Customer's AD environment for authentication. Once the user account is built in the system provisioning, it can then use LDAP to query the Customer's environment for the account authentication. By using this configuration,the Customer can enforce password policy, retention, and complexity requirements across the enterprise with a user having a singular identity. Motorola will provide a one-way forest trust from the system local domain to the Customer's Active Directory environment. The trust provides users with Domain Administrator privileges on the Customer's AD instance to access and administer the system environment while preserving authentication and logon information. Motorola recommends that this trust be non-transitive in nature. Motorola does not recommend a two-way trust, as none of the system service accounts need authentication or resources on.the Customer's network. The system's Active Directory schema is for servers and services. Active Directory user authentication (if desired)will be against the Customer's Active Directory schema. 2.2.2.1 Name Resolution The system provides host name resolution through an Active Directory Integrated Domain Name Service (DNS). In order for computers residing outside of the system's network to communicate with the system, the Customer must configure their DNS servers to forward their computer's name resolution requests to the system's DNS servers. This will allow devices on the Customer network to find systems within the system's environment. For tighter integration, the Customer, working with Motorola, must configure their DNS servers to allow name resolution requests from within their networks to be processed. 2.2.3 Common Services Common Services provides system administrators the flexibility to manage internal servicesthroughout the platform from a single point. The system's Common Services include GIS, System Security, Reporting, and the system tools for provisioning. 2.2.3.1 Geographic Information System (GIS) Geo-spatial data is uploaded to the system through tools implemented within Esri ArcGIS. Address validation data is maintained in redundant Microsoft SQL Server geodatabases thatstore locations and boundaries both spatially and in optimized search tables. Esri ArcGIS Servers provide routing and ETA calculations using the Network Analyst extension. Client maps are displayed using Esri ArcGIS Engine. • The system uses GIS for display, location validation, and unit recommendation. Thesystem's tools made available for ArcToolbox, provides the ability to load local datamanually or through an automated model. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-11 ®MOTOROLA SOLUTIONS Page 525 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A • The system's Response Boundary Data Import Tool imports and aggregates boundariesin multiple layers into a single spatial table within the geodatabase for support of multi-agency/ multi jurisdictional scenarios. GIS data is a required key component of a system deployment. GIS provides the mechanism for location validation and recommendation for response. • A system conformant and geographically accurate GIS data is required for the proper operation of the system. It is the Customer's responsibility to provide complete and accurate GIS data that conforms to the PremierOne GIS Data Requirements for use inPremierOne. Each agency being added to the system must have their geographic coverage included in the geodatabase imported into the system. • The use of remote and/or Esri Online services is not supported. Motorola is not responsible for map availability or any degradation of client performance caused by the use of third party hosted internet map services, as these services are outside the domainof the system infrastructure and are not managed by Motorola. The system is a mission critical application that must control the imporUaccess of the GIS data. 2.2.3.2 System Security The system is deployed within its own Microsoft Active Directory(AD) domain in its own local area network.Active Directory Domain Controllers authenticate and authorize users to perform actions within the domain making sure authorized users have appropriate access todata and services. The system user provisioning environment can be set up to query your AD environment(using LDAP) allowing for a single point of user and password managementacross all applications. The system network contains multiple virtual local area networks that are used to secure and segment traffic for purposes of user access as well as data storage and replication. System architecture resides behind dual redundant firewalls to protect the system network from unauthorized intrusion and security threats. These firewalls are provisioned in a high availability configuration so if either of the two fails, traffic and security will remain intact across the other. 2.2.3.3 Query Services PremierOne allows users to submit requests for information to external databases. These external queries can involve local agencies and also state and federal agencies. External databases all have their own data formats and respond to submitted queries with one or more responses. These queries. can be made available to all PremierOne applications. PremierOne also allows the customer to build queries against a local database. If a query is configured for submission to both a state interface and a local database, state queries will continue to be passed to the existing CommSys interface, whilethe local database query will run through the custom XML (in a Motorola template) providedby the customer. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-12 ®MoroAOLA SOLUTIONS Page 526 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.2.3.4 Microsoft Reporting Services PremierOne uses Microsoft SQL Server Reporting Services (SSRS)for reporting purposes. SQL Server Reporting Services is a server-based reporting platform that isused to create and manage tabular, matrix, graphical, dashboards, and free form reports that contain data from relational and multidimensional data sources. The reports can be viewed and managed via a browser reports that contain data from relational and multidimensional data sources. 2.3 CJIS and Compliance Motorola offers security functions and capabilities through its PremierOne offerings that,when activated, support the efforts of a Public Safety Agency or Hosted Multi-Agency environment to observe the Criminal Justice Information Services (CJIS)Security Policybest practices and recommendations. System services are designed to use FIPS certified technologies to protect data at rest andin transit. PremierOne services utilize FIPS compliant Transport Layer Security(TLS) 1.2 protocol with AES 256- bit message encryption to establish secure communication with PremierOne Records and Records Mobile Clients. 2.4 System Platform and Components This section discusses the hardware, operating system, and system software of the system,which is on premise. F��ote: It is the responsibility of.the Customer to provide any specializedhardware and installation toensure ompliance with any local, State or Federal natural disaster safety regulations. i System Servers The system hardware is comprised of HPE servers as physical hosts. Host servers are HPEDL360c Gen10 servers configured with: • Dual 12-Core Intel®Xeon®Gold 6146 processor, running at 3.2 GHz,with a 25 MB L3Cache. • Each server also contains direct attached storage in the form of two 8 GB micro SD harddrives with Smart Array controllers in a RAID configuration. • Four(4)- 10 Gigabit network ports • Each server is configured with 384 GB RAM The Monitor server is HPE DI-360c Gen10 server configured with: • Single 10-Core Intel®XeonS®4114 processor, running at 2.2 GHz, with a 13.75 MB L3 Cache System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-13 ©MOTOROLA SOLUTIONS Page 527 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • Each server also contains direct attached storage in the form of five 1.2 TB 10,000 RPM SAS hard drives with Smart Array controllers in a RAID configuration • Four(4)— 1 Gigabit network ports • Each server is configured with 128 GB RAM. .• SolarWinds Network Performance Monitor and Traffic Analyzer Module. 2.4.1 System Storage and Backup The system's Backup and Recovery subsystem includes online storage and a means to back up the system offline through Nimble Storage and HPE StoreOnce disk arrays. Our system design provides storage area arrays that are utilized by the host servers for storageand for online backups with near real-time data recovery. Nimble Storage The Nimble Storage HF20 Adaptive Flash array delivers sub-millisecond response times, making the HF20 ideal for mixed or mainstream workloads requiring high performance. TheHF20 can scale from 13 TB to over 1.9 PB of effective capacity. The HF20 can be non- disruptively scaled-up all the way to over 2.3 PB of effective capacity. Performance can be scaled independently of capacity to flexibly match workload and capacity requirements. Adaptive Flash arrays automatically optimize for capacity and performance, while allowingyou to change the service level of any volume. The Nimble Storage HF Series SAN provides 42 TB of RAW storage. This storage is comprised of twenty-one 2 TB HDD along with three 1920 GB SSD (5.8 TB flash) iSCSlconnected drives. HPE StoreOnce Backup The system includes an HPE StoreOnce Enterprise-class Backup and Recovery system. This system uses backup to disk and data deduplication techniques to enable high-speed backup of Big Data sets. The HPE StoreOnce is controlled by an application server runningHPE Data Protector software for the purposes of application and database server backup and recovery. In addition, this backup system provides mechanisms for data encryption for offsite storage as needed. Best Practices and Motorola recommendation are to locate this device in an alternative geo-diverse location from the system. 2.4.2 Ancillary Components FortiGate Network Devices Component isolation provides reliability, availability, and performance. The system is based on FortiGate devices to provide the perimeter network router, firewall and Virtual LAN (VLAN) configurations for the PremierOne system. The Customer needs to supply four(4) 1 GB LAN connections per FortiGate, with eight(8) 1GB connections. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-14 r ®MOTOROLA SOLUTIONS Page 528 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-1242181 FLP 191267A Extreme Networks Extreme Switching The ExtremeXOS modular operating system supports intelligent Layer 2 switching, Layer 31Pv4/lPv6 routing, as well as role-based policy capabilities. The ExtremeSwitching X620 is a compact 10 GB Ethernet switch designed for 10GB edge applications. The family includes 10-port and 16-port 10 Gibe versions—all in a small 1 RU form factor—ideal for high-performance workgroups requiring 10GB connectivity to servers,storage, and clients. The ExtremeSwitching X460 is a compact 10/100/1000 MB Ethernet switch. This switch isincluded to provide network connectivity to non 10GB activities. F5 Big IP Application Delivery Controllers The system consists of a virtual Application Delivery Controllers (ADC)for the system. These are purpose built appliances'that reside outside of the application servers that present a "virtual server" address to the outside world. Upon user connection, these appliances will forward the connection to the most appropriate real server using bi-directional network address translation (NAT). SolarWinds System/Network Management Tools The system consists of a dedicated physical server to host an instance of the SolarWinds management tools.. SolarWinds is set up to monitor and log traffic flow data through the FortiGate firewalls and load balancers through the server side network interface cards. Additionally, it monitors and logs CPU and memory utilization on the switches and firewallsas well as the hardware layer for the server hosts in the system. As part of the firewall, monitoring it also indirectly monitors the WAN link for replication. This data provides the Motorola support teams with the information necessary to support the system and provide historical measurements of system performance. Motorola will ensure the use of SolarWinds' latest products, which include security mechanisms to prevent and detect cyber security threats. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-15 ©MOT-OFO[.A SOLUTIONS Page 529 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Boynton Beach System Rack Diagram R ®� ®a• Fortigate FG FW Cads managcmentavetop d aSLdas carered 6e;.vean rms.Cibienanapmencln Fiwal inmediatdytebw second AV Extreme Nehvorks Summit X620 and Summit X420 TFT7600 KVM Console Nimble HF20 SAN with --��=., � 21 TB of Stora a and 3.6 TB Flash HP DL360 G10 Servers �•rr:r — 2 x 12 CPU with 386GB of RAM �'d�L*tt�itir HP StoreOnce Disk Backup Rack Front Rack Rear Figure 2-2: Hardware Rack Layout Note:This is a representative diagram only. Final Configuration will be determined during system staging and is subject to change. The Customer must provide access to the installation location for thedelivery of equipment and that a Customer resource is able to receive and secure the storage of equipment.Additionally, a temporary staging area for the unpacking and assembly of equipment must be provided. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-16 ©MOTOROLA SOLUTIONS Page 530 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A The Customer is responsible for any accommodation necessary to provide clearance and access through hallways, doorways, and elevators meeting or exceeding the specificationsof the shipping container/rack at all sites housing system components. 2.5 TCP/IP Network and Data- Center Requirements 2.5.1 Network Requirements Motorola's system requires TCP/IP protocol for connectivity. All servers and workstations willconnect to the Customer's existing network. The Customer will provide access to facilities and a dedicated resource knowledgeable on the Customer's WAN/LAN. The Customer will supply IP addresses and a mechanism for maintaining IP persistence.Desktop, Mobile, and Handheld clients require a persistent IP address from the time the application is opened to the time the application is closed. The Customer will supply all manner of network connectivity between points of demarcation represented by individual ports on Motorola-provided LAN switches and Customer enterprise networking facilities. Examples of network connectivity include (not limited to): • Ensuring all networked printers associated with the Rip & Run feature are visible to Motorola's servers and have physical and logical connections transported by the Customer's enterprise LAN/WAN between each printer and point of demarcation located at the Motorola server; • Mobile device connectivity via wired and/or wireless media, including middleware for maintaining IP persistence in wireless environments. Connectivity includes WLAN infrastructure, commercial carrier wireless networks, and backhaul connections bridging WLAN and commercial carriers to the point of demarcation located at the Motorola server; • Desktop client workstation connectivity via Customer wired enterprise network for all workstations accessing the CAD and RMS environments and provisioning systems; • LANMAN facilities required to support the interfaces described in Section 7. This includes Customer-provided LAN switching, routers, and firewalls required to bridge the Motorola- provided networking elements to the Customer's enterprise network or Customer-supplied external systems. System CAD Client Network Requirements The system is dependent on the Customer's LAN for client workstation performance. The estimated network requirement per CAD client with typical usage is 0.8 Mbps— 1.2 Mbps. The minimum built-to bandwidth is 2 Mbps per workstation. Peak load events (e.g. login) require higher bandwidth and higher bandwidth will generally be required for sites with higher quantities of users and greater data intensive System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-17 ©MOTOROLA soLUT/ONS Page 531 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A operations such as complex map annotation sets and map manipulation if the data resides on the server. The bandwidth recommendations account for the operation of the LAN client to"not exceed the values"withthe map data being stored locally on the client workstation. Additional bandwidth will be required for the transfer of large multimedia files, premise hazard data files and other large attachments. Network latency plays a key role in the responsiveness of CAD client operations. The system is designed for optimal use on a local network environment where latency is very low. It is important that efforts be made to provide the lowest latency possible between thesystem CAD servers and each CAD client. PremierOne requires latency of no greater than 20ms round-trip from the client to the servers and back. CAD Mobile and Records Mobile Client Network Requirements Both CAD Mobile and Records Mobile's functionality is designed for 3G and 4G networks.3G network connectivity is required, but 4G connectivity is highly recommended. The Customer will need to provide 3G/4G wireless network infrastructure and connectivitywith routing between the Mobile clients and Server. Records Client Network Requirements Records is dependent on the Customer's LAN for client workstation performance. The estimated bandwidth requirements between server and a records client can vary based on the activity of the user. It is when documents are being requested or submitted and searches are being performed, is when network bandwidth is required. During data entry, network requirements are minimal. Peak load events (e.g. login)require higher bandwidth.and higher bandwidth will generally be required for sites with higher quantities of users andhigher frequency data intensive operations including image display. Records Mobile Network Requirements Records Mobile's is designed for 3G and 4G networks. 313 network connectivity is required and 4G connectivity is highly recommended. The Customer will need to provide 3GAG wireless network infrastructure and connectivity with routing between the Mobile clients and both the primary and disaster recovery site. Mobile workstations require a persistent IP address from the time the application is opened to the time the application is closed. A persistent IP address can be accommodated in many ways including static IP, DHCP reservation, permanent DHCP lease, or with middleware such as RadiolP and NetMotion. The Customer will need to supply IP addresses for Mobile clients. Motorola encourages the Customer to test and evaluate the level of service being provided by their carriers on a regular basis to validate mobile applications be not affected by provider changes. 2.5.2 Network Bandwidth Calculations The following bandwidth specifications are required for system performance and have been calculated based on the system being provided for the Customer. Included are anticipated bandwidth System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-18 ©MOTOROLA SOLUTIONS Page 532 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A specifications after five (5)years of annually compounded growth of 3.5% resulting in up to 7 client workstations.As this is a recommendation, the values represented have been rounded up. If Customer usage exceeds the figures Motorola used in its considerations, Customer will need to provide additional hardware and or software to meet the increased need. Table 2-6- Network Bandwidth Calculations BandwidthSpecifications for Year I Based on 6 CAD Clients CAD Client to Server Bandwidth 12 Mbps (recommended bandwidth of 2 Mbps) Bandwidth Specifications for Year 5 Based on 7 CAD Clients CAD Client to Server Bandwidth 14 Mbps (recommended bandwidth of 2 Mbps) 2.5.3 Data Center Requirements The environmental data center requirements stated in the following sections must be satisfied in order to support the PremierOne installation. The requirements specify what theCustomer must perform, provide, or ensure in order to prepare for and aid with the system deployment. Included in the requirements are various considerations for the servers and supplementalequipment, power and network connectivity, access to various information and resources,and compliance with laws and specifications. 2.5.3.1 Power Requirements and Heat Output The following tables provide representative examples of the power utilization, heat output,and the temperature ranges for the various components of the system and the electrical circuits needed by the overall system. It is important to note that these numbers representan estimate only. This table will be updated once the hardware list has been finalized. Table 2-7: Power Requirements and Heat Output Component System Rack 6175 12,000 Cooling airflow through each server rack enclosure is front-to-back. Because of high heat densities and hot spots, the Customer must ensure that an accurate assessment of airflowinto and out of the server equipment has been performed. This is essential for reliable server operation.Airflow assessment is not within the scope of Motorola responsibility. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-19 ®MOTOROLA SOLUTIONS Page 533 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Table 2-8: Temperature and Humidity Ranges Operating Temperature Range 50T to 95°F Relative Humidity Range 20%to 80% (non-condensing) Circuit Requirements The system racks require a specific type of connector due to the type of equipment housedin each rack. The power circuit requirements for each system server rack are contained in the table below. The proposed racks shall be used exclusively for Motorola-provided equipment, and Customer will provide the quantities and types of power circuits indicated in the table below. Customer-provided equipment shall be placed in separate racks or cabinets, and any required power circuits to provide power to customer-provided equipment shall be provided by the Customer. Table 2-9: PremierOne Server Rack Circuit Rack Per Requirements q ( ) Voltage(VAC) Dedicated Branchcircuit Quantity 208 20 4 NEMA L5-20R 2.5.4 System Workstation Specifications The following specifications are provided for Customer's reference. Workstation specifications are representative of workstations used in the testing of the latestrelease of system software and do not take into account any other applications. Future releases of the system may dictate changes to the workstation specifications. Each agency should consider their own technology replacement lifecycles and policies for specificpurchase decisions. 2.5.4.1 PremierOne CAD Recommended Specifications Table 2-10: PremierOne CAD Workstation Recommended Specifications ComponentDescription Processor 3.5 GHz quad-core processor(E5-1620 v4 CPU 3.5 GHz) RAM Memory 16 GB memory Available Disk Space 20 GB available on a SSD disk. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-20 ®MOTOROLA sow riONS Page 534 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-1242181 FLP191267A Component Operating System Windows 10 Professional 64-bit Network Interface Card 1 Gigabit or faster Ethernet network adapter Display Three(3)—1024 x 768+ pixel, 16+bit color displays Keyboard QWERTY Keyboard with 12 function keys Graphics Adaptor Graphics adapter with at least 512 MB RAM per monitor, 24-bit capablegraphics accelerator, OpenGL v2.0 runtime or higher. Latest available drivers. Shader Model 3.0 or higher is recommended Network Bandwidth 2 Mbps network bandwidth (to server)with 20 MS or less round-triplatency Additional Applications Adobe PDF reader(for help files)SQL Server Express 2017 The following are required .NET Framework versions that need to be installed in theworkstations: • Microsoft .NET Framework v4.8. 2.5.4.2 PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications Table 2-11: PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications .. Description Processor Intel i3, 15, or i7 2.6 GHz dual core processor RAM Memory- 16 GB memory Available Disk Space 20 GB available disk space Operating System Windows 10 Professional 64-bit Network Interface Card .Radio/Wireless communications device,3G or 4G network Display One(1)—1024 x 768+ pixel, 16+ bit color display, 11.6"or largerdisplay. Usage on devices with alternative resolutions and smaller screens should be tested and screen settings optimized. Example: On a 10.1"WUXGA screen, use a resolution of 1280 x 800 and a font size of 125%. Keyboard Standard QWERTY keyboard and Touchpad/Point Stick(orequivalent mouse device) Touchscreen Optional Component Description System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-21 ®MOTOROLA SOLUTIONS Page 535 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A . . Description Graphics Adaptor Video processor with at least 256 MB RAM,24-bit capable graphics accelerator, OpenGL v2.0 runtime or higher. Latest available drivers. Shader Model 3.0 or higher is recommended.Adobe PDF reader(for help files) Additional Applications Adobe PDF reader(for help files)SQL Server Express 2017 The following are required .NET Framework versions that need to be installed in theworkstations: • Microsoft .NET Framework v4.8. 2.5.4.3 PremierOne Records Workstation Recommended Specifications Table 2-12: PremierOne Records Workstation Recommended Specifications . . Description Processor Intel®Dual Core(2.8 GHz) RAM Memory 16 GB memory Display 1024 X 768 or higher pixel, 16+ bit color display Keyboard-Mouse QWERTY Keyboard The following are required .NET Framework versions that need to be installed in theworkstations: • Microsoft .NET Framework v4.8. 2.6 Technical Considerations and Design Requirements Network and Environment Requirements referred to in this section are those requirementsfound in TCP/IP Network and Data Center Requirements sections of this document. Motorola is not responsible for the level of service, bandwidth, and coverage a wirelessnetwork carrier provides. The server hardware will be set up and staged at a Motorola staging facility where thesystem will be configured using Motorola's IP schema using the firewalls for address translation to the Customer's network. The hardware and licensing identified in this system may be subject to change. As technology continues to advance, Motorola may take advantage of new and differentofferings for the betterment of the Customer.Any changes will be reviewed with the Customer. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-22 ®MOTOROLA SOLUTIONS Page 536 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.6.1 Customer Responsibilities • Supply hardware, operating system software, third party components and other elements of the system not specifically identified as being provided by Motorola. • Supply Windows Server Client Access Licenses (CALs)for all system client devices accessing CAD, CAD Mobile, and Records. • Supply Mobile Device Management(MDM)software for Handheld devices. • Supply Mobile Device Management(MDM)software for Mobile devices, as desired by the Customer. • Provide Microsoft Visual Studio for the creation of In-Module reports. • Provide a single geodatabase data including any preparation and/or editing, if necessary, to meets PremierOne GIS Build Requirements for the purpose of address validation. • Supply the Esri ArcGIS Desktop and Network Analyst extension software required for editing of GIS data. • Provide wireless connectivity and middleware to deliver mobile Virtual Private Network (mVPN)with routing and IP persistence to the system network. Optimal system application performance on mobile workstations requires 4G connectivity. • Provide wireless connectivity and middleware to deliver mobile Virtual Private Network(mVPN) with routing and IP persistence to the system network. Optimal system application performance on mobile workstations requires 4G connectivity. • Provide advanced authentication for Mobile/Handheld device connectivity if required. • Provide a site adhering to the Data Center Requirements for the installation, housing, operation, and maintenance of all equipment. The space provided must be able to contain the entire rack dimensions as specified in Data Center Requirements. • Provide power connectivity(power receptacles, and any other receptacles required within manufacturer recommended cable run lengths of the equipment and all supplemental components), power distribution units, and power to the system,in the designated installation location. The anticipated quantity and type of connectivity as well as the power draw of the system have been identified in Data Center Requirements. The final system specifications will be provided during deployment as part of the hardware ordering process. • Provide active cooling and humidity control for the designated installation location. The cooling requirements and the operating temperature range of the system have been identified in Data Center Requirements. The final system specifications will be provided during deployment as part of the hardware ordering process. • Provide network connectivity to clients as specified in the Network Requirements. Motorola has included network hardware for the system server architecture. Networking hardware for the connectivity outside the system LAN must be provided by the Customer. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-23 MOTOROLA SOLO TIONS Page 537 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • Provide a network diagram depicting all the devices, device types, and interfaces that the system will connect to and through, including, but not limited to all blocked ports, hubs, switches, routers, firewalls, and any other network equipment. • Provide IP addresses on the Customer's network for the system servers and third-party application servers. All server names and IP addresses behind Motorola Firewalls cannot be changed • Provide external interface connection demarcation points at locations agreed to by Motorola. These locations shall normally be adjacent to the PremierOne equipment rack. • Provide access, administrative or otherwise, to appropriate systems, locations, information, tools, and equipment to ensure proper connectivity, installation, operations, and maintenance of the system. • Provide 24-hour access to a secured two-way Internet connection to the system firewalls for the purposes of deployment, maintenance and monitoring. • Provide for outbound Internet connectivity initialized by system Servers. No public IPS are needed. • Motorola delivery model is reliant upon our ability to perform some tasks remotely, which requires secure, remote broadband access for remote deployment, monitoring and support of the system. Customer-provided high-speed internet access with minimum of 10 Mbps is required at the time of project kickoff and must remain available to Motorola throughout warranty and support periods to accommodate remote support of the system. In the event that dedicated links are required, a minimum of 7.5 Mbps upload and download access is required. It is the Customer's responsibility to ensure that the aforementioned capacity is available. In the event remote broadband access is not available to Motorola, preventing us from delivering the contracted service remotely, Motorola will provide service on-site at additional cost. The additional cost will be presented to the Customer via the change provision of the contract prior to the delivery of the on-site service. • Provide three (3) NTP timing sources available to the PremierCine Servers. • Provide, install maintain and service any software as required for anti-viral, anti-malware protection on the system. If the software requires connectivity to a central server for maintenance and updates, the connectivity including ports and access needs to be provided. • Provide clean printed copies of blank forms. The creation of printed forms and reports has been quoted assuming clean, printed copies of blank forms and reports are available. If forms and reports are not provided in a format that can be scanned to produce an acceptable printed copy, additional services may be required resulting in additional charges that are the responsibility of the Customer • If Customer is going to build their own local queries, the data must exist in databases that can be accessed via standard Microsoft SQL tools. The Customer must also understand the database schema so the table relations can be understood. As applicable, the Customer should System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-24 ®MOTOROLA SOLUTIONS Page 538 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A also conduct a comprehensive analysis of the data to identify duplicate data/records, lost data, orphaned records, or records that have not been linked properly. 2.7 ®n-going Support of the Hybrid Infrastructure Motorola will provide the necessary support, as indicated in the matrix below, in partnership with Boynton Beach, to provide an overarching support infrastructure for all components of the Hybrid solution as defined in this System Description. Table 2-13: Hybrid Tasks/Services Task i Service Provide help desk and remote technical support x Execute Critical, High, Medium, Low responses; perform case x management; provide My View Portal Provide a properly trained technical resource who will be responsiblefor x maintenance and support of the Motorola provided on-premise equipment and software of the PremierOne Solution Monitor for notifications sent from System Center Operations Manager x (SCOM)application Troubleshoot:diagnose,triage, resolve issues x Assist with issue resolution x x Assess and assign issue priority levels x x Escalate issues x x On-site hardware maintenance the Motorola provided on-premiseequipment x and software of the PremierOne Solution Provide VPN connectivity x Perform physical and virtual server maintenance(OS patches, admin tools, x upgrade software that supports infrastructure applications). Perform periodic reboots, ongoing performance tuning,hardware upgrades. Maintain Motorola-provided server hardware x Perform CAD and mobile client workstation maintenance. OS patches,antivirus x updates, MS security patches, hardware upgrades, periodic reboots, maintain infrastructure apps(e.g. ESRI). Provide, install, and maintain third party client, server, and mobile client x connectivity apps System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-25 ©moropo"SOLUTIONS Page 539 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A MotorolaTask Service IF . Perform database failover testing x Perform data purging x Track and maintain storage capacity x Monitor and maintain temporary database file size x Build, modify,support custom reports x Install and test fixed (non-mobile)CAD client and server software releases x (standard, on demand, cumulative) Install and test mobile client software releases (standard,on demand,cumulative) x Perform GIS updates x Configure and maintain MS Windows user accounts x Perform and ensure successful completion of daily backup operations. Monitor x health of backup related hardware. Perform backups before performing system or database updates Provide provisioning information and perform provisioning. Note:While typically a x x customer responsibility MOTOROLA recognizes that theremay be some provisioning elements of the system that, in order forMOTOROLA to meet the service requirements herein,will potentially be thesole responsibility of MOTOROLA to manage. Use Records ACT to change existing modules. Perform testing in anon- x production environment.Track changes using,MOTOROLA provided spreadsheets Gather issue logs(server and client). Supply logs for troubleshooting x Provide stable networking connections with sufficient bandwidth x Provide remote access to the system (VPN account access, remotehosting, etc.). x Provide backup power x Ensure end-users are trained x Perform change management on the PremierOne system and related hardware; x abide by notification processes Perform change management on external systems(e.g. 3rd party interfaces and x associated hardware/software).Adhere to notificationprocesses Schedule remote support for the application of standard,on demandand x cumulative software releases. System Description Use or disclosure of this proposal is subject.to the restrictions on the cover page. Motorola Solutions Page 2-26 ®MOTOROLA SOLUTIONS Page 540 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Task]Service Motorola Customer:] Provide on-site installation services(as needed)to apply, standard,cumulative x and on demand software releases to fixed (non-mobile)CAD clients and servers Provide industry standard security measures to protect the Motorola provided on x premise equipment from intrusion, breach, corruption orsecurity risks Provide information for background checks of personnel who haveaccess to CJI, x complete CJIS training, etc. Establish and maintain CJIS compliance practices x Maintain and follow a security breach response plan x x Provide/perform hardware replacement(MOTOROLA-provided hardware) x Provide/perform hardware replacement(customer-provided hardware) x Provide NSOC and monitoring tools. Monitor alerts,generate support events, and x dispatch technical resources. Monitor these elements: P1 server software, CPU loading,disk space, resource utilization, network health,firewalls, DR connections (as applicable), SAN devices(as applicable), management host, netclock, power distribution units 2.8 Application Descriptions The following sections provide brief descriptions of PremierOne CAD, Mobile, Records,applications, and other system applications. The system is a Commercially Off the Shelf(COTS) product.As such, no softwaredevelopment to the application framework is provided. 2.8.1 PremierOne CAD Motorola has designed PremierOne CAD to be the central convergence point for communications from multiple sources and systems, mission-critical information andresource management. The user interface offers quick access to information via a location-based, Esri standard GISmap. Users perform commands and functions using a mouse, command lines, function keys, shortcuts, or user definable right click menus. The GPS-aided resource management tool displays the location and identity of GPS equipped vehicles or devices enabling a coordinated response while further supporting officer safety. In PremierOne CAD, ARL could be used in recommendations to track the location of emergency vehicles to determine their present location when requiring units to respond toan incident. By adding System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-27 ®MOTOROLA SOLUTIONS Page 541 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A ARL recommendations to PremierOne CAD, PremierOne CAD canmake recommendations based on the actual location of units rather than recommending units solely based on jurisdictional assignment. Users can create incidents from public telephone calls, from information received from an officer or from another public safety agency, or through an alarm interface. Once the user enters basic details of the incident into the system, users may dispatch field personnel to handle the incident. Users may update incidents with additional details such as informationabout the handling of the incident. Once the user has completed the incident in an appropriate fashion, the user then can close the incident. Field personnel may use PremierOne CAD to retrieve details about incidents or to make incident updates.Additionally, supervisory personnel may use the PremierOne CAD to monitor the operations of the communications center, the handling of incidents and field unitstatistics. PremierOne CAD functions as a standalone product but also seamlessly integrates withMotorola's PremierOne Mobile and Records application. PremierOne CAD may also beintegrated with other Motorola and third party systems. 2.8.1.1 PremierOne CAD Concepts User Input Users may operate PremierOne CAD either with or without a mouse. While all commands and actions within the application can be accessed with the mouse, users also may drive PremierOne CAD almost exclusively from the keyboard. A few PremierOne CAD functions,such as selecting units from a map, i must be performed with a mouse. Work and Status Monitors Users perform the majority of actions within PremierOne CAD's work monitor. Status monitors present summary information about incidents or units. A user may have one ormore status monitor windows available at the workstation. Status monitors are available on both CAD and mobile workstations. The CAD status monitors can be customized to a greater extent than the mobile status monitors. Security and Roles PremierOne CAD recognizes authorized users and provides access to individually authorized functions at the time of sign-on. To facilitate these responsibilities, access rights and permissions are associated with the various functions available within PremierOne CAD. A role is a set of specified privileges, which provide access to data, commands, forms,devices, and functions. Each user and device is assigned to one or more of the default of Customer created roles. Units, Incidents, and Dispatching A unit within PremierOne CAD represents the resources,which are dispatched or monitoredby the communications center personnel. All units in the system are identified with a unit ID that is typically the radio call sign for the unit. Users can initiate incidents from the commandline or from the incident System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-28 ©MOTOROLA SOLUTIONS I Page 542 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A initiation form. The system provides a user with four methods to begin the incident dispatching process. These four methods include: • Dispatch incident function key • Incident dispatch command • Dispatch form • Drag and drop feature within status monitors and map. Incident Management In addition to initiating and dispatching incidents, users can manage existing incidentsthrough the various incident management features of PremierOne CAD: • Updating existing incident information • Associating incidents • Disassociating incidents • Cloning incidents • Closing incidents • Reopening incidents • Displaying a summary list of incidents • Searching for incidents Unit Management Users have the ability to monitor and maintain the current activities for each unit through thevarious unit management features: • View and update unit assignment data • Make unit status changes • Manipulate a unit's call stack • Transfer units • View a unit's history • Move units from one station or area to another station or area • View the current activities for a unit • Assign crews • Clear units from an incident • Manipulate units that are assigned to incidents • Move resources to cover depleted stations or areas • PremierOne CAD can alter a unit's capabilities based on the personnel assigned to thatunit System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-29 ©MOTOROLA SOLUTIONS Page 543 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Federal, State, and Local (queries PremierOne allows users to submit requests for information to external databases. These external queries can involve local agencies and also state and federal agencies. External databases all have their own data formats and respond to submitted queries with one or more responses. Maps PremierOne mapping utilizes products from Environmental Systems Research Institute (Esri)for geo- processing. The display of maps is an integrated component within PremierOne. The map may be configured to automatically display when the user signs on tothe workstation.A number of commands and functions allow the user to manipulate the mapand make updates in response to user actions. The map may be configured to display an icon at this location to assist the call taker in determining the location at which an emergency response is required. The system also attempts to find the nearest address/common place to the caller coordinates Mail & Messaging Services The mail and messaging functionalities of PremierOne CAD allow users to exchange anddistribute electronic mail and_messages within the dispatch center and to units equipped with MDTs 2.8.2 RapidSOS Integration PremierOne Integrates RapidSOS features into PremierOne CAD using the NG911 CallControl solution. This integration allows for immediate call location, responses to movingcallers and access to additional.more detailed information about the caller. Locate Callers Immediately Improve response time and call location accuracy by accessing a reliable caller device-based hybrid (DBH) location in as little as three seconds of taking a call from within PremierOne CAD. Respond to Moving Callers See a faster and more reliable location even if the caller is moving with integration between PremierOne CAD and RapidSOS. This robust technology provides accurate location to three seconds every time the call taker re-bids the caller location. More Detailed Information Arm your call takers and responders with faster, more detailed caller information before questioning has even started.With this streamlined technology, caller data is provided bymultiple resources, aggregated by RapidSOS, which PremierOne CAD then queries and delivers to the call taker. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-30 ©MCTOAOLA SOLUTIONS Page 544 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 2.8.3 PremierOne Mobile with Mobile Mapping PremierOne Mobile provides public safety personnel the ability to assess and prepare for asituation while en route to the scene. Users access information via screen configurations that provide navigation throughout the PremierOne Mobile application. Table 2-14: PremierOne Mobile—Available Clients PremierOne . . . . Operating System Windows 8.1+ Silent Dispatch • Incident&Unit Management • Real-Time Status Monitors 7 Field Initiation for Traffic Stops&Other Incidents • Database Querying • BOLOs • Responder and Unit Location Tracking • Premise&Hazard Details with Images • Geofencing with Entry&Exit Alerts • 4G<E Network Capability • CJIS Security Support with FIPS 140-2 Encryption &Auditing • Barcode Scan • Voice Entry for Comments Actionable URL in Comments Messaging • Advanced Mapping, BOLOs, Premise&Hazards • Advanced Configurations • The integrated map provides the user the ability to display call location, drive directions, premise hazards and the location of other units. PremierOne Mobile leverages the same common map platform used in PremierCine CAD, which is managed and provisioned from acentralized location and deployed to all systems remotely. PremierCine Mobile obtains location information from a collocated GPS receiver. The PremierOne Mobile Windows Client It supports either the Trimble ASCII Interface Protocol(TAIP) or National Marine Electronics Association (NMEA) standard. The PremierOne Mobile client application can send its System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-31 ®MOTOROLA SOLUTIONS Page 545 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A location to PremierOne CAD via a cellular data modem. The vehicle location information is used by PremierOne CAD to support location dependent features including Mapping, Track-it, Follow-It, and Recommendations. 2.8.4 PremierOne Records PremierOne Records is Motorola's next generation law enforcement records management system. Based on over 30 years of industry RMS experience, PremierOne Records is a fourth generation product that was designed from the ground up with the current and future needs of public safety agencies in mind. Not only does the system leverage the experience gained from decades of public safety experience, it utilizes the latest graphical user interfacedesign and development techniques. PremierOne Records is built on true service oriented architecture, not simply a legacyproduct with services added as an afterthought. Another fundamental tool of PremierOne Records is to provide the greatest level of flexibility. Working with the Advanced Configuration Tool of PremierOne Records allowsagencies to add and hide fields, change field labels, make fields required, alter output format, and determine the information that is made available to users and roles. 2.8.4.1 PremierOne Records Concepts: Records Clients PremierOne Records provides the same functionality, fields, data, and security to both the officer in the field using a Records Mobile Client and the records bureau user accessing thesystem through a LAN- connected desktop computer. • Standard Client—Used for workstations which are connected to the network, such as those on a LAN or WLAN. This self-updating client can be launched from a web browserand can be run without a local installation, thus reducing installation and maintenance costs. • Records Mobile Client—Used in situations where network connectivity is not assured or nonexistent, such as with mobile units on a wireless network for field based reporting (FBR). Over the wire update and caching services assure that all clients are kept up to date with application updates, changes to forms, code tables, etc., reducing maintenance costs. Navigation PremierOne Records was designed with a physical law records department in mind. Users can find information in PremierOne Records in the same areas where you would expect to find them physically in your department. PremierOne Records provides easy and quick access throughout the application. Users can navigate using familiar point-and-click accessto modules, similar to a browser. As with a browser, forward and back keys are provided aswell as the ability to open additional tabs, allowing multiple modules to be open at a time. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-32 ©MOTOROLA SOLUTIONS Page 546 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Records Command Line A command line window can be opened using a hotkey that allows authorized users to perform typical actions such as add, edit and navigation functions without using the mouse. The command line auto- fills both commands and parameters requiring just a few keystrokesto create a new record or access any record in the system. The Records command line window can be displayed even with the other PremierOne Records windows minimized giving the user a cleaner more efficient client. This is especially important for Records Bureau or other data entry users as they can create or edit records much faster, with fewer keystrokes and mouse clicks. This feature is also available in the Records Mobile client allowing patrol officers and other Mobile users to quickly create records without using a mouse. For paper-based agencies that print and use paper copies of records, the commandline can be combined with a low cost barcode scanner to greatly improve efficiencies.A barcode can be printed at the bottom of each document that when scanned immediately retrieves the record with no other user intervention. This feature is especially beneficial for document approval or other manual or automated workflow processing Motorola Documents Users perform the majority of data entry within Motorola Documents, a forms tool based onpatented technology. This technology leverages decades of experience with law enforcement records management systems and is designed to improve data entry efficiency, accuracy and reduce the learning curve for new users. Specially designed functionality such as tabs, search while you type, and 'To do' items are all designed to reduce the effort required to fully document each event. • Tabs: To facilitate data entry, tabs combine like data types such as victim, offense, orproperty. Within each data type, a user may enter as many of that data type as necessary. • Required Fields:Within any document in PremierOne Records, some fields will be required to be filled in before the document can be saved to the database. Required information helps to preserve the integrity of the document as a whole to make it a validdocument. Fields may be required based on business rules established by an agency orbecause the agency requires data to be collected for reporting purposes. The system may also require certain data fields to be completed to assure accurate and complete IBR or UCR submissions. • Single Select Code Fields: Single select code tables allow users to enter only thosecodes that have been created for a given field. • Search While You Type: This functionality displays only the entries in a list that matchthe text that you type. Search-as-you-type considers all the words in a phrase, not justthe first word at the beginning of the phrase. • Multi-select Code Tables: As with single select code tables, multi-select code tables onlyallow for the acceptable range of data values to be entered. • Pull Forward: You can use Pull Forward to search for and find existing data, and thenpull that data into Motorola Document. • To Do List: Motorola Documents also check to ensure all required fields have been filledout and are valid. If you omit a required field or have incorrect information, an error message will System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-33 MOTOROLA SOLUTIONS Page 547 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A appear in the Help window of the document. These error messages, or the to-do list, are hyperlinks. They bring the cursor directly to the field that requires attention when the form you are currently working in. Documents that are not complete may be saved as a draft, but the data is not present in the database directly. • Only Display Necessary Fields: This feature of Motorola Documents only displays thosefields necessary to complete the document.When a user enters data that then requiresfurther information,fields for entering the additional data become available. Until those fields are needed, they remain hidden. • Photos—Drag and Drop: Motorola Document windows also support drag-and-dropfunctionality for images. • Autosave: PremierOne Records can be configured to automatically backup or save a document prior to document submission. The document is saved in draft form until it hasbeen submitted. • Document Locking: A locking message displays if another user tries to access a document that is open and locked. Document locks expire when the opened document isclosed or after a configured time (default is 12 hours)whichever comes first. Other usersattempting to open a locked document will get a read-only version of the document that displays the document lock message in the lower right corner. Users cannot make edits to the read-only document. • Searching— Free Text Searching: PremierOne Records provides default basic searchand field display functionality as well as advanced search functionality for custom search.Agencies can specify and configure which module data fields are available forsearching. Additionally, PremierOne Records has a free text and advanced free text search capability, which functions similarly to web text searches; Users can enter a word or phrase in the free text search field and search across the entire data store for recordsthat match the text or phrase. 2.8.5 Motorola CommandCentral Platform Integration CommandCentral is an end-to-end platform of interconnected solutions that unify data and streamline public safety workflows from a citizen tip or call to case closure. Through single sign-on capabilities, your personnel can access all CommandCentral software applications with one agency username and password for a more streamlined workflow. The CommandCentral platform puts your agency's data to better use, improves safety for critical personnel, and helps keep your focus on the communities you serve. CommandCentral evolves over time, maximizing the value of existing investments whileadopting new capabilities that better meet your personnel's growing needs. With cloud- based services and an agile development methodology through constant user feedback, Motorola Solutions can deliver new features and functionality in a more manageable, non-intrusive way. CommandCentral Capabilities for PremierOne Motorola Solutions' CommandCentral Capabilities are a set of cloud-based features that enhance on- premise records management and CAD systems. Leveraging the CommandCentral platform,these System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-34 ©MOTOROLA SOLUTIONS Page 548 of 1066 i City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A I I j- capabilities provide a variety of enhancements to improvepublic safety workflows. These features streamline digital evidence management, provide insight to aid data-driven decision making, and I expedite case review and resolution. jRecords and CAD users can work more efficiently within their RMS and CAD systems to best support your agency and your communities. The proposed CommandCentral Capabilities solution includes the following features and integrations. Cloud Data Backup and Restore Motorola Solutions' Cloud Data Backup and Restore syncs your agency's database with the cloud to create a secure and accessible backup. The cloud provides proven security, reliability, and availability. While this feature only stores the most recent backup in the cloud,there is no limit on the size or frequency of the backup. This provides flexibility for specific scheduling and information management needs. Administrators can schedule the cloud backup. CAD Viewer CommandCentral capabilities for CAD augments existing on-premises CAD systems, allowing users to make better decisions from anywhere with secure view access to your agency's CAD information. Users can view this data on any internet-connected device and enable non-traditional users to work from locations that have not previously had access to jurisdictional CAD information. The CAD Viewer provides a view of pending/active incident information, unit information, and mapped location of incidents and responding units. Users can switch easily from light to dark mode and use pop-out screens to personalize their view. Records Management CommandCentral capabilities include access to records management features. Users can quickly search video, audio, images, and other digital content. The system stores data fromvarious sources in a central cloud-based location, streamlining access and management across your organization to reduce the complexities of record management. As a result, thissolution helps save your personnel valuable time and allows them to focus on critical tasks. Records Management offers users the following features to benefit management workflows: CommandCentral Incident Record—View incident data, officer narrative, and digital evidence with one user interface, called the CommandCentral Incident Record. This cloud-based feature combines case-related information from different sources into a stream lined interface. This unified view allows your agency to review critical evidence from a more robust and accurate operating picture. The CommandCentral Incident Record is built fromincident details in your records management solution and content from CommandCentral Evidence if CommandCentral Evidence is purchased separately. Task Creation and Assignment—View, create, and assign daily tasks or projects as part of the Insights Dashboard. The Insights Dashboard provides curated and actionable insightsinto your System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-35 ®MOTONCLA SOLUTIONS Page 549 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A agency's initiatives from across the CommandCentral suite. It gathers items that need attention, review, correction, or completion to help users stay organized and manage operations. This also helps build.and close cases faster by tracking progress and assigning ownership to activities. The dashboard promotes collaboration by allowing users to share documents, projects, and success metrics across the agency. Unified Search–Locate information across all agency records and evidence using a smart,free- text search engine. To access content from a specific incident, users can access Unified Search or go through your Motorola Solutions RMS. Users can search incidents by time-frame or specific case number and then view all digital evidence associated with that specific case. This single source offers a user-friendly experience that is easy to navigate and understand and includes the ability to add narratives. The solution also makes review easier by tagging persons and vehicles listed in the narrative. Vehicles listed in the incident report include links to automatic license plate readers in the Vigilant LEARN database (additional subscription required). Product updates are seamless with new capabilities delivered regularly. The cloud also provides proven security, reliability, and availability that keeps personnel prepared for their operations. Pin Mapping For PremierOne Records deployments, Pin Mapping visualizes geographic crime data andcase reports on a map. This map view provides context to crime in a specific area, allowing users to quickly compare incidents and make more informed crime fighting decisions. Digital Evidence Management CommandCentral capabilities digital evidence management tools streamline collecting, securing, and managing multimedia evidence. These tools simplify how a secure digital evidence library is built by incorporating data from multiple sources into a unified evidence storage framework. Users can upload digital evidence from a variety of sources to quickly build cases. Evidence stored within the tool is easy to search, correlate, and review alongside other case-related information from your CAD or RMS database. Relevant contentcan be marked and sorted to locate critical information from a central touch point. This unified storage framework allows personnel to make informed decisions with an organized and complete case evidence view. In addition, with the access control system, the application allows authorized personnel to view sensitive information. Judicial Sharing With the Judicial Sharing feature, your agency can use the CommandCentral Incident Record to share a complete evidence package with partners and prosecutors. This keepsyour personnel and partners up-to-date on each case and allows them to work from the same information. Judicial Sharing integrates with the CommandCentral Incident Record, allowing aggregated case-related information to be shared via email. This helps to keep prosecutors up-to-date with a dedicated, streamlined page designed for their needs. It allows judicial partners to access all of the case content shared ith them—even from multiple agencies—from one,secure location. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-36 ©MOTOROLA SOLUTIONS Page 550 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A From your agency's view, users can confirm that they received the case package and continue to update the shared package as the case develops. From the case manager, the prosecutor can see when a shared package has been updated. They can search and filter the case packages to locate information and then share the case package with the defense.If your agency has case sharing systems in place with partners, you can leverage your agency's existing investments by downloading content and audit logs to review and share. CommandCentral Capture CC Capture allows officers to capture images, video, and audio from the field with a simple smartphone application on iOS or Android. This tool provides easy media management andadvanced camera controls to help users control what is captured. The application adds metadata and tags, and then gets uploaded to CommandCentral Evidence for immediate use. The application isolates all data from personal data. This ensures other apps cannot access evidence, while providing an uncompromised chain of custody from the moment of capture. This application is a capture source for field personnel, command staff, and supervisors. Officers can dictate narratives directly from their mobile device. The audio files are transcribed and uploaded to the CommandCentral Incident Record as the primary incident narrative. 2.9 Service Solutions The following sections provide brief descriptions of service solutions delivered as part of thePremierOne offering. 2.9.1 Intelligent Data Discovery Services (IDD) for CAD IDD Services include instruction in the use of advanced SQL Server Reporting Services(SSRS) features, which will allow for the connection, extraction, and display of data fromCAD in the tailored standard IDD and customized dashboards: IDD's use of Microsoft's SSRS employs the data to generate and securely share onlinedashboards and reports, initiate searches and mine data. The IDD services include thefollowing dashboards: • Three (3)Tailored Standard Dashboards - Roll Call Briefing Dashboard - Intelligent Resource Deployment Dashboard - COMPSTAT Dashboard • View Only CAD IDD bundle - Unit Status - Unit History System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-37 ©MOTOROLA SOLUTIONS Page 551 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A - Map - Incident Search - Drill-through to Incident Details and Officer Activity Reports • Two (2) Customer Defined Dashboards (built during IDD Training and limited to dataexisting in the system CAD dataset) • Two (2)days of consultative services pertaining to reports and dashboards for the CAD • Two (2) days of PremierOne Intelligent Data Discovery(IDD)Training, after completionof training requirements. A single copy of each of the Standard IDD dashboards will be tailored per the provisioning ofthe CAD system, and delivered to the customer. IDD is limited to data existing in the system CAD dataset. Microsoft's SSRS is a reporting and report distribution application. A map viewof the data, such as location of Incidents, may be produced as part of the report output, but with no interactive mapping ability. Total system capacity for IDD is dependent upon the total number of concurrent reports being requested from the RDW server. Final system capacity is dependent upon final design and report types being generated on a concurrent basis. 2.9.2 Intelligent Data Discovery Services (IDD) for Records Records IDD Services include instruction in the use of advanced SQL Server Reporting Services (SSRS)features, which will allow for the connection, extraction, and display of datafrom Records in tailored and customized dashboards. IDD's use of Microsoft's SSRS employs the data to generate and securely share onlinedashboards and reports, initiate searches and mine data. The IDD services for Recordsinclude the following dashboards: • Three (3)Tailored Standard Dashboards - Master Index Search Dashboard - Records CompStat Dashboard - Records major Crimes Dashboard • Two (2) Customer Defined Dashboards (built during IDD Training and limited to dataexisting in the system Records dataset) Two (2)days of consultative services pertaining to reports and dashboards for Records • Three (3)days of Records Intelligent Data Discovery(IDD)Training (*Add itionaldashboards are built during the training class) A single copy of each of the Standard IDD dashboards will be tailored per the provisioning ofthe Records system, and delivered to the customer. Records IDD is limited to data existing in the system records dataset. Microsoft's SSRS is a reporting and report distribution application. A map view of the data, such as location of Incidents, may be produced as part of the report output, but with no interactive System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-38 ®MOTOROLA SOLUTIONS Page 552 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A mapping ability. Total system capacity for IDD is dependent upon the total number of concurrent reports being requested from the Records reporting data warehouse server. Final system capacity is dependent upon final design and report types being generated on a concurrent basis. 2.10 Cloud Hybrid Subscription Model 2.10.1 Transition to Subscription License Model If the Parties mutually agree that any on-premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center, then upon such time which the Parties execute the applicable Ordering Document, (a)the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automatically terminate, (b) Customer and its Authorized Users will cease use of the applicable on-premises copies of Subscription Software, and (c)the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA. 2.10.2 Transition Fee Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software, as described in 2.10.1. Notwithstanding the foregoing, subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document, andmay be greater than Fees paid by Customer for on-premises Subscription Software. System Description Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2-39 ®MOTOROLA SOLUTIONS Page 553 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 3 Statement of Work 3.1 Environment Review and Site Preparations 3.1.1 Site Survey and IP Network Analysis Motorola will review the existing infrastructure(s)and installation location(s)to validate that the installation environment(s) and local and wide area networks will provide optimal supportof the Motorola solution. A single site Survey/IP Network Analysis will be conducted at the primary installation location, The purpose of the site survey is to confirm the Customer's installation environment conforms to the site requirements presented in the System Description and hardware manufacturer specification verifying that the physical installation environment is accessible, without special accommodation, to support the movement of equipment in Customer's facility from receiving dock to the equipment room. Examples of areas of concern include door/hallway widths and heights, stairs, elevator weight limitations,ventilation including cooling, power receptacle locations and power types. Motorola makes no provision for cabling, special accommodations, power consumption orcapital improvements to the installation environment that may be required to support the Motorola system. Motorola Responsibilities 1. Review the site requirements section of the System Description with the Customer. 2. Facilitate a meeting to review the physical installation environment and equipment travel ath from receiving dock through equipment room. 3. Analyze IP network data. 4. Prepare a report with recommendations for any site and or network preparation requiredto provide an optimal environment for installation of the system equipment and identify any deficiencies related to power, power supplies, cabling, IP network connectivity, and communications equipment. Customer Responsibilities 1. Provide escorted access to the installation location where Motorola system equipmentwill be installed. 2. Provide documentation on the current infrastructure, i.e. existing hardware and operatingsystem software components and terminal networks, as well as projected utilization statistics and other information as is reasonably required to validate final hardware requirements. 3. Provide information on current network architecture and configuration as well as physicalsite information such as building plans and schema's, as available. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ©MOTOROLA SOLUTIONS Page 3-40 Page 554 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 4. Make knowledgeable staff available to explain the current architecture, infrastructure, environment and physical environment conditions (e.g. building engineers/electrician)as needed. 5. Provide a site for the installation, operation, and maintenance of all computer server(s), workstation(s), and related peripheral in accordance with Motorola requirements and allnetwork infrastructures described in the System Description. 6. Ensure the computer processor(s), operating system software, third-party software, all associated workstations, printers, communications, and related components conform with the specifications in the System Description. 7. Provide a programmer work area for Motorola on-site staff in the primary facility, locatednear, but outside of the computer machine room. The room will be equipped with a workstation, AC power to support workspace for a minimum of two (2) people, and Internet access. Wireless access is recommended. This work area will be available during the course of the project. 8. In compliance with CJIS requirements in paragraph 16.3, provide 24-hour access to a secured two-way Internet connection to the Motorolasystem firewalls for the purposes of deployment, maintenance, and monitoring throughout the course of the project and maintenance and warranty phases. 9. Review and approve the final hardware and operating system software configurationwith the Motorola project team. 10. Provide any cabling or capital improvements required for the installation environmentand/or power consumption considerations. As noted in Section 2.5, Customer will supply all manner of network connectivity between points of demarcation represented by individual ports on Motorola-provided LAN switches and Customer enterprise networking facilities. Examples of network connectivity include (not limited to): • Ensuring all networked printers associated with the Rip & Run feature are visible to Motorola's servers and have physical and logical connections transported by the Customer's enterprise LAN/WAN between each printer and point of demarcation located at the Motorola server; • Mobile device connectivity via wired and/or wireless media, including middleware for maintaining IP persistence in wireless environments. Connectivity includes WLAN infrastructure, commercial carrier wireless networks, and backhaul connections bridging WLAN and commercial carriers to the point of demarcation located at the Motorola server; • Desktop client workstation connectivity via Customer wired enterprise network for all workstations accessing the CAD and RMS environments and provisioning systems; • LAN/WAN facilities required to support the interfaces described in Section 7. This includes Customer-provided LAN switching, routers, and firewalls required to bridge the Motorola- provided networking elements to the Customer's enterprise network or Customer-supplied external systems. Motorola Deliverables ® e a Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ©MOTOROLA SOLUTIONS Page 3-41 Page 555 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Site Survey and Network Analysis Results 3.2 Business Process Review (BPR) and System Provisioning 3.2.1 Business Process Review Motorola and Customer will conduct a BPR to analyze the differences between the processes and workflows of the existing PremierOne cloud-based solution and new on-premise solution. A Motorola led Business Process Review(BPR) provides Motorola and the Customer the opportunity to review current operational processes and workflows and determine the provisioning parameters that will provide the most optimal use of the new PremierOne system. The information collected in the BPR will provide Motorola and Customer the framework for how the product(s)will be provisioned and configured to account for any changes introduced by the on-premise system. 3.2.2 PremierOne Provisioning Existing P1 Cloud provisioning information will be preserved by backing up the databases, configuration settings, and operational data of the PremierOne Cloud solution and restoring to the new on-premise solution. Additional provisioning activities may be required as determined by the outcome of the Business Process Review. Provisioning activities include instruction of the mechanics and methodologies required tocomplete system provisioning and provides the Customer with the required knowledge to complete and maintain system provisioning as required to support Customer's operational needs. Should additional provisioning be required, customer-specific provisioning parameters will be collected using Provisioning Export Worksheets. Motorola will review the Provisioning Export Worksheets with the Customer to identify the information that is required for the Customer-specific provisioning data tables. The Customer is responsible for determining the number and type of provisioning profiles (e.g. Law profile, Fire profile...) required to support their operation. The Customer will be responsible for completing the Provisioning Export Worksheets in the proper format and with agency specific information. The information collected in the worksheets will be imported into the system exactly as it is provided by the Customer. Upon completion of provisioning by the Customer, Motorola will conduct a working session with the Customer's Administrators and desired SME's demonstrating system operation in accordance with Customer determined provisioning parameters (BPR Workbook and Provisioning Worksheets). The purpose of the session is to enable the Customer to fine tune provisioning parameters as needed to better align with operational use needs. In this working session, Motorola provides the Customer with guidance on provisioning options thatmay better support the Customer's operational objectives. The Customer completes any provisioning parameter updates with Motorola guidance as desired. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ©MOTOROLA SOLUTIONS Motorola Solutions Page 3-42 Page 556 of 1066 City of Boynton Beach FL. December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3.3 Hardware and Software 3.3.1 Hardware Procurement Motorola will procure the system equipment in accordance with the bill of materials. 3.3.2 System Staging System staging provides for the installation of the software components on the hardwareprocured by Motorola at our staging facility. The system will be tested and verified to be operational in a staged environment. Once validated,the system will be packaged and shipped to the Customer's location for installation. Motorola Responsibilities 1. Receive the contracted hardware, software, and related components at the Motorolastaging facility. 2. Rack and install hardware components. 3. Install and configure system software. 4. Ship staged system to the Customer's installation site. Customer Responsibilities 1. Receive the staged system and securely store it until Motorola installation. 2. Provide acknowledgement of receipt of delivered equipment. Motorola Deliverables Equipment Inventory Staged System Delivery 3.3.3 ®n-Site Installation The objective of this activity is to install the system at the Customer's site. This activity addresses physical installation activities and system connectivity verification. Motorola Responsibilities 1. Install the staged system in the Customer's environment. 2. Conduct a Power On test to validate the installed hardware and software are ready for configuration. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 3-43 Page 557 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3. Load preliminary provisioning data. 4. Verify contracted software is available and accessible on the installed system. 5. Physically install contracted workstation computers and monitors in Customerdesignated locations. Customer Responsibilities 1. Validate server room availability and meets the requirements stated in the System Description. 2. Provide power and network connectivity at designated workstation installation locations. Motorola Deliverable Title/Description Power On/Installation Verification 3.3.4 Cumulative Updates A Cumulative Update CU may be required and will need to be installed following the initials stem P � ) Y q 9 Y software installation. If CU's are installed b Motorola a remote demonstration of the newt introduced Y � Y or modified features/functions will be provided to the Customer. CU delivery is determined at Motorola's discretion. If a CU that introducesnew functionals is delivered following the conclusion of Motorola functionality g training, the Customermay purchase additional training as desired in accordance with the Change Order provisions in the Agreement. Motorola Responsibilities 1. Provide release notes. 2. Remotely install CU. 3. Remotely demonstrate any new delivered features as needed. Customer Responsibilities 1. Witness the demonstration of newly installed features, as required. 2. Provision the additional functionality as desired, based on the release notes. 3. Educate users on new features. 3.3.5 Client Software Installation Client software will be installed on the CAD/Records workstations/mobile devices to facilitate provisioning training and provide instruction to Customer personnel who will complete software installation on the remaining workstations/devices. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ©MOTOROLA SOL!/TlONS Page 3-44 Page 558 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A Motorola Responsibilities 1. Verify system readiness. 2. Request client software. 3. Deliver the Pre-Installation Preparation Checklist. 4. Provide instruction on client software installation and install client software on up to two (2) Client workstations and or Mobile devices per agency. 5. Provide instruction on client software deployment utility. 6. Create Records client installation executable(s). 7. Verify Records Mobile client software functionality in offline mode. Customer Responsibilities 1. Provide and install workstation/mobile device hardware in accordance withspecifications. 2. Assign personnel to observe software installation training. 3. Complete installation of client software on remaining workstations and mobile devices. 4. Unless contracted to be provided by Motorola; procure, install, authorize and configureArcGIS Desktop/ArcG,IS Pro and extensions. Motorola Deliverables Title/Description Pre-Installation Preparation Checklist Installation Guide 3.4 Interfaces and Integration The installation, configuration, and demonstration of interfaces may be an iterative series of activities depending upon access to third-party systems. Interfaces will be installed and configured in accordance with the System Description and Project Schedule. Integrated functionality between Motorola developed products will be completed through the software installation and provisioning activities described herein. Integration activities that have specific requirements will be completed as outlined in this SOW. 3.4.1 Interface Deployment Connectivity will be established between the Motorola system and the external and/or thirdparty systems to which the contracted software will interface. Motorola will configure the system to support each contracted interface. The Customer is responsible for engaging third-party vendors if and as required to facilitate connectivity and testing of the interfaces. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MoroFOr a SOLUTIONS Page 3-45 Page 559 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Motorola Responsibilities 1. Establish connectivity to external and third-party systems. 2. Configure interfaces to support the functionality described in the System Description andor ISD as reviewed during the Interface Planning Session. 3. Validate each interface can transmit and/or receive data in accordance with the System Description. Customer Responsibilities 1. Act as liaison between Motorola and third-party vendors or systems as required toestablish interface connectivity with the Motorola system. 2. Provide personnel proficient with and authorized to make changes to the network andthird-party systems to support Motorola's interface installation efforts. 3. Provide network connectivity between PremierCine and the third-party systems. Motorola Deliverables Contracted interfaces and integration 3.4.2 Integration.Activities Proprietary processes enable the transfer and receipt of data between Motorola systems asdescribed in the System Description. Motorola Responsibilities 1. Establish and validate connectivity between the Motorola systems. 2. Validate each system can transmit and/or receive data. Customer Responsibilities 1. Provide personnel proficient with and authorized to make changes to the network andthird-party systems to support Motorola's integration efforts. 2. Provide network connectivity between the Motorola systems. 3.4.3 Included Interfaces Motorola will deliver the following interfaces. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 3-46 Page 560 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Interfacdor �Product Functionality1 I IFD Data Direction Integration Narne (inbound, Outbound, NG-E911 ANI/ALI CAD CAD Server CallWorks 911 Interface I Secti Florida TRaCS Records Records Server TRaCS Crash and I on 7 Accidents Citation—FL(TEG) (Inte Florida TRaCS Records Records Server TRaCS Crash and I rface Citation Citation—FL(TEG) Spec State Query CAD PremierOne COMMON—Suite State B ificati (FCIC/NCIC) Suite Services Query on Doc Fireworks Fire CAD CAD Reporting COMMON—CAD O ume Records CFS Data Outbound FRMS nts) Feed Warehouse provi UCR/IBR Records Records Server COMMON—Records O des Submission State Submission detai Is of LEX FINDER Records Records COMMON—Records 0 indivi (RDW data out) Reporting Data Data View dual Warehouse interf LexisNexis Records Records COMMON—Records O aces (ATACRAIDS) Reporting Data Data View -(RDW data Warehouse inclu Out) ding: SPIDRTech CAD CAD Reporting COMMON—CAD Data 0 • Data View Warehouse SPIDRTech RMS Records COMMON—Records 0 Reporting Data Data View Warehouse PowerPhone CAD CAD Client CAD Call Handling— 0 CACH (PowerPhone) Rip N Run CAD CAD Server COMMON—Tear&Run O diagrams, • Data flows, • Use cases, • Operational Considerations, • Statements of Work citing Motorola and Customer responsibilities. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUTIONS Page 3-47 Page 561 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3.5 Reports and Dashboards 3.5.1 Reports Motorola will provide SSRS training as described in the training section that allows the Customer to develop the following custom reports against the PremierCine Reporting DataWarehouse (RDW) using Microsoft's SQL Server Reporting Service (SSRS) software. Table 3-1: Custom Reports Using Microsoft's SQL Server Reporting Service Software LEO Assault Form Juvenile Referrals Baker Act Marchman Act Missing Person Affidavit Booking Form Notice to Appear Prisoner Information Sheet Stolen Vehicle Affidavit Victim's Rights/Marsy's Law Waiver of Prosecution Alcohol Influence Report Animal Citation Death Investigation Field Report Evidence Submittal Witness Statement Witness Statements Solicitor Application Arrest Affidavit Florida IBR Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUTIONS Page 3-48 Page 562 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Motorola Responsibilities 1. Review existing reports and identify the corresponding data elements in the PremierOneRDW. 2. Provide SSRS Report Builder Training as described in the Training Plan. Customer Responsibilities 1. Draft and develop final reports. Motorola Deliverables SSRS Report Builder Training 3.5.2 Intelligent Data Discovery The objective of this task is to introduce the functionality available via the Intelligent Data Discovery (IDD)tool. IDD Training will be conducted in accordance with the Training Plan. For CAD: Motorola will review the three (3)standard CAD dashboards and the View Only CAD IDD Bundle for a single agency as described in the System Description, and developtwo (2) customer- defined dashboards as described in the System Description. For Records: Motorola will review the three (3)standard dashboards for a single agency anddevelop two (2) customer-defined dashboards as described in the System Description. This effort will utilize the Customer's existing Microsoft SQL Server licenses and Businesslntelligence tools to configure dashboards and data views using data available from the PremierOne environment. Motorola Responsibilities 1. Conduct a two (2)day overview/consultation to review standard dashboards and reports. 2. Define and document requirements for the customer-defined dashboards. 3. Create customer-defined dashboards based on a list of 50 graphical elements (maps,charts, gauges, etc.) 4. Install the standard and customer-defined dashboards. (This task will occur during thelDD training course.) Customer Responsibilities 1. Perform data entry(incident creation, dispatch, disposition, etc.)to confirm sufficientdata exists for reporting. 2. Define requirements for the customer-defined dashboards within thirty (30) days of the overview/consultation. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUT/ONS Page 3-49 Page 563 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A 3. Assign resource(s)that have received the CAD SSRS (Ad hoc) Reporting training toparticipate in the review of the dashboards. 4. Assign resource(s)that have received the Records Ad hoc Reporting training to participate in the initial dashboard consultation and review delivery of the dashboards. Motorola Deliverable Title/Description Dashboards(standard and customer-defined) 3.6 System Training The objective of this task is to prepare for and deliver the contracted training. Motorola training consists of both computer-based (on-line) and instructor-led (on-site or remote).Training delivery methods vary dependent on course content. Training is delivered in accordance with the Training Plan. 3.6.1 Learning eXperience Portal ("LXP" On-line-Training) Training is made available to Customer, in part, via Motorola's LXP. This subscription service provides customers with continual_access to Motorola's library of on-line learning content and allows your users the benefit of learning at times convenient to them. Content isadded and updated on a regular basis to keep information current. Courses delivered or supplemented by LXP content are described in the Training Plan. Motorola Responsibilities 1. Initial set up and addition of administrators. 2. Provide instruction to Customer LXP 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 LXP administrators. 2. Provide access to learningservices.motorolasolutions.com. 3. Complete LXP Administrator training. 4. Advise users of the availability of the LXP. 5. Add/modify users, run reports, and add/modify groups. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUTIONS Page 3-50 Page 564 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits . 21-PS-124218/FLP 191267A 3.6.2 Instructor-Led Training (On-site and/or Remote) Motorola Responsibilities i 1. Deliver User Guides and training materials in electronic format. 2. Perform training in accordance with the Training Plan. 3. Provide Customer with training Attendance Rosters and summarize any pertinentobservations that may impact end user training. Customer Responsibilities 1. Supply classrooms with a workstation for the instructor and at least one (1)workstationfor every two (2)students based on the requirements listed in the Training Plan. 2. Designate training representatives who will work with the Motorola trainers in thedevelopment and delivery of training. 3. Facilitate training of all Customer end users in accordance with Customers training delivery plan. Motorola Deliverables Electronic versions of User Guides and training materials Attendance Rosters 3.6.3 Advanced Configuration Tool The Advanced Configuration Tool (ACT) is an application development tool designed to provide skilled PremierOne Records resources the ability to modify and develop records functionality. Using ACT, trained resources can design the navigation flow for modules anddevelop application components, such as search fields, data grids, default views, and in- module reports. ACT is also used to modify and develop modules in order to provide functionality to support Customer-specific business processes. Unlike configuration or provisioning, development done in ACT creates additional database structures and application code. The skilled resource will be familiar with relational database logic, data types, and understand data theory. The skilled resource must understand the agency's end-to-end business operation, anticipate specific reporting needs, and envision the required inputs tosupport the desired reporting outputs. The Customer representative(s)will attend ACT training. Motorola Responsibilities 1. Make ACT training available to the Customer. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ©MOTOROLA SOLUTIONS Motorola Solutions Page 3-51 Page 565 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Customer Responsibilities 1. Attend the ACT training. Note:ACT changes made to the system outside of those captured in the Operational Design Document should be� reviewed with the Motorola Application Specialist. Failure to do so prior tomaking changes using ACT could j negatively impact the system and impair Motorola's ability tosupport the system. Motorola Deliverable Title/Description Advanced Configuration Tool Advanced Configuration Training 3.7 Product Validation The system is exercised throughout the delivery of the project by both Motorola and theCustomer via provisioning and training activities. To solidify Customer confidence in thesystem and prepare for live use operation, Motorola will perform prescribed system validations in accordance with a Product Validation Plan. 3.7.1 Product Validation Plan The objective of this series of tasks is to finalize the activities to be conducted in accordancewith the final Project Validation Plan. The Project Validation Plan will be finalized following system provisioning activities. The Project Validation Plan describes the scope and objectives of each type of demonstration executed by Motorola as well as the techniques used during each type of demonstration and the completion criteria. The Customer may execute their own tests outside the scope of Motorola's demonstration responsibility as desired. The Product Validation Plan covers the following types of demonstrations: • Functional Validation • Interface Validation Motorola Responsibilities 1. Finalize the Project Validation Plan based on information gathered throughout theproject kickoff and provisioning phase of the project. 2. Distribute a copy of the plan to the Customer's Project Manager. 3. Review the schedule of demonstration activities. 4. Execute the Product Validation Plan in accordance with the project schedule. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 3-52 Page 566 of 1066 i I City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Customer Responsibilities 1. Receive the Project Validation Plan. 2. Review the Project Validation Plan activities. 3. Notify the Motorola Project Manager of any items that require discussion. 4. Initiate any desired user testing. Motorola Deliverable Product Validation Plan 3.7.2 Functional Validation The objective of Functional Validation is to demonstrate the features and functions of the system in the Customers provisioned environment. The functional demonstration may not exercise all functions of the system, if identified as not being applicable to the Customer's operations or for which the system has not been provisioned. The functional demonstration is estimated to span three (3)consecutive business days, on-site, during Customer's regularbusiness hours. The functional demonstration is a critical activity that must occur following the completion of provisioning and no later than the completion of training. Motorola Responsibilities 1. Conduct functional validation according to the Functional Validation Plan. 2. Develop a Remediation Plan for features and functions that do not perform preventing 3. Manage the Remediation Plan and coordinate Motorola remediation actions. Note: The Remediation Plan will identify the remediation action and the action owner(Customer or Motorola). Remediation steps may involve provisioning modifications, system configuration changesand or software version update. Customer Responsibilities 1. Ensure any and all pertinent resources are present for their specific area ofresponsibility. 2. Witness the functional demonstration and acknowledge its completion. 3. Participate in developing the Remediation Plan. 4. Coordinate and manage Customer remediation actions. Motorola Deliverable Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 3-53 Page 567 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Title/Description Completed Functional Validation Results Remediation Plan 3.7.3 Interface Validation The objective of Interface Validation is to verify that the installed interfaces perform inaccordance with the ISDs as reviewed during the Interface Planning Session. Motorola is not responsible for issues arising from lack of engagement of third-party and/or Customer . resources to perform work required to enable/provision and/or configure an interface to a third-party system, or troubleshooting any issues on the Customer's third-partysystems. Interfaces that cannot be tested due to connectivity issues to external systems or the unavailability of Customer's third-party system will be demonstrated to show that Motorola's portion of an interface is enabled to send and/or receive data that supports the ISDs. In suchcases, Motorola demonstrating the elements within Motorola's control will constitute a successful demonstration and completion of the demonstration task. Motorola Responsibilities 1. Conduct Interface Validation demonstration. 2. Develop a Remediation Plan for anomalies that do not align with the functionalitypresented in the ISD. 3. Manage the Remediation Plan and take Motorola remediation actions. Customer Responsibilities 1. Ensure required resources are present for their specific area of responsibility. 2. Provide access to a resource with access to the interfacing system to validatefunctionality. 3. Witness the execution of the demonstration and acknowledge successful completion. 4. Participate in the documentation of anomalies and work with Motorola to developremediation action(s). 5. Coordinate and manage Customer remediation actions. Motorola Deliverable Title/Description Completed Interface Validation Results Remediation Plan Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. MMOTOROLA SOLUTIONS Motorola Solutions Page 3-54 Page 568 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218 t FLP191267A 3.7.4 G® LIVE 3.7.4.1 Go Live Planning Motorola will provide support of Customer's efforts with commencing live operation use ofthe system. Motorola resources are supplemental to Customer resources and provide support to Customer trainers and subject matter experts. Customer trainers and subject matter experts are the first line of support to end users in the transition of live operations from the Customer's legacy system to the Motorola system. Motorola will work with the Customer to develop a detailed Cutover Plan. This plan includes the following information: • Motorola and Customer resources and staffing • Pre-cutover tasks/activities to be performed leading up to go live • Readiness review meetings • Contingency/roll-back plans • Go live tasks and responsibilities during and after the live cut • Post live cut support resources and schedules • Issue reporting process • Escalation process • Go Live sign off/approval of each module and interface • Conduct system stress/load testing Motorola Responsibilities 1. Facilitate meetings with Customer staff to develop and document the Cutover Plan. Customer Responsibilities 1. Coordinate the participation of Customer technical and operational staff in cutoverplanning and development and documentation of the Cutover Plan. Motorola Deliverable Cutover Plan 3.7.5 Motorola Support Engagement As part of go live planning, the Motorola Project Manager will complete a System Configuration workbook consisting of Customer contact information and information requiredfor remote access to the system. Motorola will schedule a Support Engagement meeting between the Project Manager, Customer Support Manager("CSM"), Focal Support Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions MOTOROLA SOLUTIONS Page 3-55 Page 569 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Technician and Customer's project team representatives. The CSM will review the CustomerSupport Plan with the Customer, including the process for obtaining support and contact information. 3.7.6 Go Live Event In accordance with the Cutover Plan, Motorola and the Customer will begin transitioning the Customer from their legacy system to live operation use of the Motorola system. Motorola will provide on-site support at one (1) communications center in accordance with the Cutover Plan. If resources are desired at multiple communications centers or locations, it willbe addressed via the Change Order provision of the Agreement. The go live event transitions the Customer from an implementation project to a support project under the governance of the Motorola Support organization. Motorola Responsibilities 1. Work with Customer to schedule the date and time for the go live event. 2. Facilitate the Support Engagement Meeting between the Customer and the MotorolaSupport organization. 3. Execute the Cutover Plan. 4. Provide on-site resources as specified in the Go Live Plan to support Customer's 5. Trainers and SMEs as they provide first level support to end users. Customer Responsibilities 1. Coordinate the participation of Customer technical and operational staff in cutoverplanning and development and documentation of the Cutover Plan. 2. Identify Trainers and SME's who will serve as first line support to end users during GoLive activities. 3. Manage Go Live activities. 4. Perform and support the cutover activities defined in the Cutover Plan. 5. Inform Customer staff about the Customer Support Plan and the process to contactCustomer Support. 6. Engage Motorola Motorola Deliverable Completion of Go Live Activities 3.7.7 Documentation As part of project completion, Motorola will validate Customer receipt of electronic copies ofthe following documentation: • User Guides Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUTIONS Page 3-56 Page 570 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A • CAD BPR Workbook • Records Operational Review Document • System Administration Guide • System Configuration Workbook • As-Built System Design Documentation As-built system documentation is also archived with the System Support Center along with customer information and access procedures to facilitate efficient response and resolution ofany reported system issues. 3e3 Project Closure - Transition to Support Following the Go-Live Event, the service delivery is complete. Motorola and Customer certifythe Software System Completion milestone and the implementation project is formally closed. As part of the transition, Motorola and the Customer compile a mutually agreed upon punchlist. The system is transitioned to the support phase of the contract per the terms and conditionsof the Maintenance and Support Agreement. Statement of Work Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 3-57 Page 571 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 4 Training Plan 4.1 Course Listing The following matrix delineates the classes that have been proposed for the Prem ierOne product line. The matrix includes the number of classes per course type, the maximum number of participants per class and the location of each of the classes. Additional class modules may be obtained by the Customer for an additional fee. Motorola Solutions offers in-person on-site,virtual, and Learning eXperience Portal ("LXP")training. Computer-based LXP training is available on demand during the deployment process and for 30 days after live cut. Continued availability of the training module is based on the LXP training package included in the proposal. Hours include Onsite and LXP training. • LXP-P–students must complete LXP prerequisites before attending in-person training. • LXP-C–these training classes are entirely conducted via LXP on demand with no in-person training component. • LXP-R–this training offers refresher components that can be taken on demand after thein- person training is completed. • On-site–in-person training from an on-site instructor conducted at the Customer'facilities. • Virtual–virtual instructor-led training (class will be recorded and made available forfuture Customer use). Table 4-1: Training Course Listing ModuleCourse . . . Classes Trained Included IN �,i. — PremierOne 4 1 4 LXP-P& 32 CAD/Mobile/Records System On-site Administrator(103-0) SSRS Report Builder Training in 6 1 6 LXP-P, On- 32 PremierOne for CAD/Mobile(205- site& LXP- 0) R Intelligent Data Discovery in 6 1 6 LXP-P& 24 PremierOne CAD (206-V) Virtual Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. M ©MOTOROLA SOLUTIONS Motorola Solutions Page 4-1 Page 572 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Totaii Isers Method of I Not To Trained nstruction Exceed per Class PremierOne Records Advanced 6 1 6 On-site 40 Configuration Tool(ACT)Training (303-0) SSRS Report Builder Trainingin 6 1 6 LXP-P,On- 32 PremierOne for Records (305-0) site&LXP- R Intelligent Data Discovery in 6 1 6 LSM-P& 24 PremierOne Records(306-V) Virtual 4®2 Training Overview Motorola considers training to be an extremely important aspect of the system installation and requires working closely with the Customer. Motorola's instructors are certified throughthe Learning and Performance Institute's Trainer Performance Monitoring &Assessment (TPMA) program as well as their Online Learning Facilitators program. Motorola utilizes a Learning eXperience Portal (LXP)for both online and on-site training. The Learning eXperience Portal (LXP)will be demonstrated during the project kick-off. Shortly after kick off the Customer will designate a Customer Training Representative. Thisindividual will be the contact for the Learning eXperience Portal and Motorola trainers. Access to the Learning eXperience Portal will be provided to each Customer PremierOne User. The Customer Training Representative will provide Motorola user names and email addresses so access to the LXP can be completed. The Customer Training Representativeshould be familiar with the Customer's daily operations and must attend (or designate a replacement) each Motorola educational course. Motorola trainers will rely on this representative to be the one point of contact for Motorola staff when policy and proceduralquestions arise, act as course facilitator, and act as the Customer's educational monitor. The Customer will also identify the personnel who will serve as trainers. These individuals must participate in all the Train-the-Trainer courses. In addition to the skills described below, the Customer's trainers must have prior experience as a classroom instructor and a thorough understanding of the Customer's operations. Other courses will require participants from different areas of the Customer's operations as shown in the individual course descriptions, detailed in Motorola training course descriptions. Motorola will schedule all training at least 60 days prior to the proposed training date. 4.2.1 System Administrator The Customer will appoint a key individual to act as the System Administrator. This individual will be responsible for reporting/verifying problems, completing and maintaining application configuration, and Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 4-2 Page 573 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Osier Exhibits 21-PS-124218/FLP191267A performing system administrative duties such as system back-ups, archives, etc. The designated individual should be proficient in Windows and possess database administration and PC and System knowledge. Motorola strongly recommends that the system administrator(s) be proficient in the prerequisites defined in the document. The Customer is responsible for ensuring that its system administrators are proficient in theprerequisite technologies. These technologies are embedded in the Motorola applications; however, training in these technologies will not be provided by Motorola. Microsoft Technologies • Windows Administration • SQL Server 2017 • SQL Server Reporting Services • System Center 2016 (SCOM) 4.2.2 Training Facilities and Schedules The Customer shall provide facilities for training courses, which are alcohol and smoke-free.Both the classroom and workshop classes will require a projector that can be connected to aPremierOne System workstation, white-board for instructor's use and shall accommodate student note taking. The workshop format also requires multi-monitor student workstations. Students and instructors will dedicate class time to training and will not be subject to interruptions. At least two days prior to each on-site training course, the instructor shall haveaccess to the training facility and all workstations for setup and workstation configuration. Alltraining will be held at the Customer's site or online utilizing the Learning eXperience Portal;at least two weeks prior to on-site training courses, the customer must supply Motorola with a roster of course attendees and they will be provided access to Pre-Requisite training that must be completed prior to the on-site training course start date. Motorola and the Customershall mutually agree to training schedules to accommodate the Customer's shift operations and other site- specific requirements. Evening courses will end by 11:00 p.m. Weekends and Holidays will not be used as training days. 4.2.2.1 Training Methods and Procedures Motorola offers on-site training and online training both coordinated with the SoftwareEnterprise Learning eXperience Portal. Types of training courses include: • End User Training: Instructor-led classroom training that provides users with instructionon subject matter relevant to their respective role in using and or supporting the PremierOne System. In addition to facilitated discussion, End User training consist workshop elements where needed, to provide hands on demonstration of the material being presented. • Instructor-Led virtual online training using the Learning eXperience Portal. • Online"Anytime"training using the Learning eXperience Portal. Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. ©MOTOROLA SOLUTIONS Motorola Solutions Page 4-3 Page 574 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Students have should a typing proficiency of 25 wpm, knowledge of PCs and Microsoft Windows, and have completed course prerequisites as listed in the course descriptions priorto the classroom training. Designated Motorola Instructors will provide application instruction using several techniquesand materials. • Training Course Agenda: The student handout that outlines the course sequence ofevents including duration, and course modules. • Worksheets, Job-Aids, Quizzes, retention instructional activities. • Evaluations: On the final day of a training class, the students will be asked to completean Instructor Evaluation form. They are optional forms and anonymity is acceptable. • Certificates of Attendance: Students completing the on-site and online classes willreceive Certificates of Attendance. • Attendance Rosters: Customers will provide to the Motorola instructor a roster listing thenames of training participants ten (10) days prior to the start of the course. Instructors will complete Attendance Rosters of actual participants for each day of training • Prerequisite training for on-site courses using the Learning eXperience Portal to providebase knowledge for all students prior to the start of on the on-site class. • Motorola PremierOne User Documentation: An electronic copy of the applicable Motorola Reference Manuals and documentation will be provided prior to training. The Customer is responsible for duplicating and delivering manuals to participating studentsprior to class commencement. 4.2.3 Training Environment PremierOne has a fully functional second environment that can be used for training. This training environment will enable the Customer's trainers to provide on-going training. This training environment also allows training to continue without interruption of the real timeoperations. Use of the training environment is covered in the Train-the-Trainer classes. 4.2.4 Session Attendance Motorola is committed to providing a quality training experience and desires that the Customer receives the maximum benefit from each on-site training session. Each training session has been sized to provide the optimal training environment that meets the needs ofthe students in relation to the complexity of the material being presented. Given the nature of the material being presented and the intensity of the training, it is imperative that maximum course numbers not be exceeded. In the event the number of students in attendance exceeds the published maximum number of students and the list of participantsidentified on the training roster, Motorola will take corrective action, ensuring the integrity ofthe session is maintained and the student's ability to learn is protected. Motorola corrective action may include: • Delaying the start of training until the number of students in attendance is in line with the maximum number of students allowed for the session. Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 4-4 Page 575 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLIP 191267A • Splitting the class into multiple sessions. In such a case, the Customer will be charged for multiple occurrences of the class plus additional expenses, including travel related expenses, incurred by Motorola Solutions. • Delaying the classroom training until the Prerequisite training has been completed in theLXP by each learner. 4.2.5 Learning eXperience Portal (LXP) Requirements The LXP is accessed via internet browser. Motorola will set up an individual instance of theLearning eXperience Portal, known as an organization. This provides autonomy to the agency utilizing LXP. Accounts to access the LXP are created for each learner using their Email address.All learners accessing LXP content must have their own account in the LXP.A learner will needto have access to the internet via workstation, laptop, tablet, or smartphone to access learning. Customer LXP Administrators will be given the ability to build Groups, a more granular segmentation of the LXP that is generally utilized to separate learners of functions (i.e. dispatchers, call takers, patrol, firefighter). One learner can be assigned to multiple groups ifnecessary. Learners can be assigned a Learning Path, a collection of courses that include likeminded courses. In most cases audio accompanies visual display; speakers or headsets are recommended to utilize full functionality of the LXP. Course assessment evaluations are also accessed viathe LXP. Access to these evaluations in the classroom is suggested. 4.2.5.1 LXP Learner Subscription Package Learner-level subscriptions have been included for 250 personnel who are expected to be users of one or more products. Customer resources will have.access to the LXP training materials during deployment and as long as the post-live subscription is maintained during the warranty/maintenance period. Learner level subscriptions allow access to all materials available for the applications included in this Training Plan. A Learner level subscription thatallows the Customer to create their own content is available at an additional cost. 4.3 Course Descriptions The following tables provide detailed descriptions of training courses that will be provided aspart of the system at the location indicated. Table 4-2: PremierOne CAD/Mobile/Records System Administrator Training (103-0) Course ❑ PremierOne System Administration Guide Materials: ❑ Course Outline Location: Customer's facility Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUTIONS Page 4-5 Page 576 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Goal: Provides practical techniques for system administration and maintenance ofthe CAD, Mobile,and Records components of the Premier0nesystem.. Duration: Up to 24 hours over three consecutive business days Participants: System Administrators-personnel responsible for the day-to-day management of the system. Class Size: Maximum of four(4)students Prerequisite: ❑ LXP pre-class testing to determine if the student has the appropriateskill levels ❑ LXP prerequisite training courses ❑ Knowledge of customer site network, IT policies, and operations. ❑ Microsoft proficiency as defined in the Prerequisites Section. Environment ❑ Each workstation or device used for LXP prerequisites must havean internet Setup: connection ❑ Instructor's workstation(s)with network connection to the PremierOne servers ❑ Projector ❑ White board (if possible) Table 4-3: SSRS Report Builder Training in PremierOne CAD/Mobile (205-0) Goal: • •I e selected personnel with knowledge on • to create custome • against Reporting Service(SSRS)and�Report Builder software. Course SSRS Training Guide Materials: Location: Customer's facility Duration: Up to 24 hours over three consecutive business days Participants: Personnel who will create custom reports Class Size: Maximum of six(6)students Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. M ©MOTOROLA SOLUTIONS Motorola Solutions Page 4-6 Page 577 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/•FLP191267A I I i Prerequisite: Class participants must have some knowledge/experience of creating"ondemand" reports. Class participants should have experience working with relational database structures as well as writing and understanding transact SQLcode. Environment Student Workstations: Setup: ❑ One(1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. Windows 7, 8.1, 10;Windows Server 2008 R2,2012,2012R2 Microsoft Edge (+) Preferred Microsoft Internet Explorer 10 or11 Google Chrome(+) Mozilla Firefox(+) ❑ Microsoft SQL Server Reporting Services installed, configured, andworking. ❑ Microsoft Report Builderinstalled. Optional: ❑ SQL Server Management Studio on each Student Workstation ❑ One(1)CAD Client for the class is preferred in the case data entry needsto take place in order to report against. System Requirements: ❑ Data pre-exists in the Reporting Data Warehouse(data istypically propagated during the training courses.) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Table 4-4: Intelligent Data Discovery in PremierOne CAD (2064) IntelligenceM 1 Provide selected personnel with knowledge to createBusiness i dashboards in • • tools i (SSRS)and Report Builder software. Course Reporting and Analytics Intelligent Data Discovery Training Guide Materials: Location: Virtual Duration: Up to 24 hours over three consecutive business days. Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUT/ONS Page 4-7 Page 578 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A Participants: Personnel who will be responsible for building Business Intelligence Dashboards and reports used for statistical analysis. Class Size: Maximum of six(6)students Prerequisite: ❑ Successful completion of(205-0)-SSRS Reporting Trainingfor PremierOne CAD. ❑ Experience in creating Reports using Microsoft SQL ServerReporting Services. ❑ Familiarity with T-SQL statements for querying data within a SQLServer database ❑ Completion the PremierOne-CAD Reporting- Introduction to IntelligentData Discovery course available on the LXP. Environment Student Workstations: , Setup: ❑ One (1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. o Windows 7, 8.1, 10;Windows Server 2008 R2,2012, 2012 R2 o Microsoft Edge(+) Preferred o Microsoft Internet Explorer 10 or 11 o Google Chrome(+) o Mozilla Firefox(+) ❑ Microsoft SQL Server Reporting Services installed, configured, andworking. ❑ Microsoft Report Builder Installed. ❑ All Training workstations installed with SQL Server Management Studio. System Requirements: ❑ Existing data in the DHStoreAnalysis(data is typically propagated duringthe TTT course) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. MMOTOROLA SOLUTIONS Motorola Solutions Page 4-8 Page 579 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Table 4-5: PremierOne Records Advanced Configuration Tool (ACT)Training (303-0) modificationsGoal: To learn to make user interface(1.111) • Advanced Configuration . .l(ACT).ACT is a development tool Customer's use to make changes to forms, printouts, and navigation. The class will provide guidelines for the allowable ch11 anges.❑ PremierOne Records Advanced Configuration Guide Materials: ❑ Course Outline Location: Customer's facility Duration: 40 hours Participants: Personnel responsible for system configuration Class Size: Maximum of four(4)students Prerequisite: Knowledge of current Records application and customer operations.Participants should have a working knowledge of computer systems.Database knowledge is preferable. Environment ❑ A workstation for each participant with network connection Setup: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) NOTE: This training will include hands on work with the on-site trainer to help configure the application. Not all configuration may be accomplished duringclass, so please allow additional time after the end of training in order to configure the application further.This class is not an extension of the PremierOne Records Provisioning class,and requires an advanced level ofexpertise. Table 4-6: SSRS Report Builder Training in PremierOne Records (305-0) selectedProvide personnel with knowledge PremierOnethe Database using Microsoft's SQL Server Reporting Service(SSRS)and.Report Builder software. Course SSRS Training Guide Materials: Location: Customer's facility Duration: Up to 24 hours over three consecutive business days Participants: Personnel who will create custom reports Class Size: Maximum of six(6)students Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. MMOTOROLA SOLUTIONS Motorola Solutions Page 4-9 Page 580 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Prerequisite: ❑ Class participants must have some knowledge/experience of creating"on demand"reports ❑ Class participants should have experience working with relational database structures as well as writing and understanding transact SQLcode. Environment Student Workstations: Setup: ❑ One(1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. o Windows 7, 8.1, 10;Windows Server 2008 R2, 2012,2012 R2 o Microsoft Edge(+) Preferred o Microsoft Internet Explorer 10 or 11 o Google Chrome(+) o Mozilla Firefox(+) ❑ Microsoft SQL Server Reporting Services installed, configured, andworking. ❑ Microsoft Report Builderinstalled. Optional: ❑ SQL Server Management Studio on each Student Workstation System Requirements: ❑ Data pre-exists in the DHStoreAnalysis (data is typically propagateddu ring the training courses.) Instructional Requirements: ❑ Instructor's workstation(s)with network connection ❑ Projector ❑ White board (if possible) Table 4-7: Intelligent Data Discovery(IDD)Training in PremierOne Records (306-i) Goal: Provide selected personnel with knowledge to create Business Intelligence dashboards • ReportService(SSRS)and Builder software.Reporting and Analytics Intelligent Data Discovery Training Guide forRecords Location: Virtual Duration: Up to 24 hours over two consecutive business days. Participants: Personnel who will create Business Intelligence Dashboards or reportsused for statistical analysis Class Size, Maximum of six(6)students Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions ®MOTOROLA SOLUTIONS Page 4-10 Page 581 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A Goal: Provide selected personnel with knowledge to create:BuSiness Intelligence dashboards • Service(SSRS)and Report Builder software. Prerequisite: ❑ Successful completion of(305-0)-SSRS Reporting Trainingfor PremierOne Records. ❑ Experience in creating Reports using Microsoft SQL ServerReporting Services. ❑ Familiarity with T-SQL statements for querying data within a SQLServer database Environment Student Workstations: Setup: ❑ One(1)workstation for each attendee with a connection to the PremierOne system environment. ❑ The following is the current list of Operating Systems andBrowsers supported for the web portal. o ❑ Microsoft SQL Server Reporting Services installed,configured,and working. ❑ Microsoft Report Builder Installed. ❑ All Training workstations installed with SQL Server Management Studio. System Requirements: • Existing data in the DHStoreAnalysis(data is typicallypropagated during the TTT course) Instructional Requirements: ❑ Instructor's workstation(s)with network connection . ❑ Projector ❑ White board(if possible) Training Plan Use or disclosure of this proposal is subject to the restrictions on the cover page. M ®MOTOROLA SOLUTIONS Motorola Solutions Page 4-11. Page 582 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP 191267A Section 5 Standard Reports This table contains a list of some of the standard reports that are provided with PremierOne CAD. Input Fatamelters • 'CAr . . Abandoned CallSummary Date Range, Provides the time the abandoned call record was Disposition,User ID, created,the trunk/line on which the call was Phone Number received,the phone number of the caller, Disposition, elapsed time of the call,the call taker's User ID andWorkstation ID. Average Response Times Date Range,Agency Provides Average Response times(At Scene- by Incident Type Incident Create Time)by Incident Type. BOLO Messages Date Range, Sender Provides a record of BOLO Messages sent: Sender Agency ID, Device ID, ID, Device ID, Sent On, Recipient(s), Size, Status, Sender ID, Group By Attachments.Ability to view content(Details). (Agency-, Device-, SenderlD) Drill down for the following: BOLO Message N/A Provides a list of BOLO Message attachments: Attachments Sender ID, Sent On, Recipients,Attachment Name, and Size BOLO Message Detail N/A Lists all fields of BOLO messages, organized by Report Summary, Subject and Vehicle information Calls For Service Date Range(Year) Lists the E911 Call Count, by month for year(s). Drill down for the following:. Calls For Service Daily N/A Lists the E911 call count,daily for month. Calls For Service Hourly N/A Lists the E911 call count, hourly by day of week. Calls For Service Weekly N/A Lists the E911 call count, by week for each month. Chan geAccountPassword N/A Provides a list of account password change Report incidentsand whether they were a success or a failure. Premler0ne Records . . Reports Standard Reports ®MOTOROLA SOLUT/ONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5-1 Page 583 of 1066 Ci Boynton City of ynt Beach a FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A PremierOne Records . Reports Path Name /CALEA/CFS Bias Based Profiling CFS Bias Based Profiling /CALEA/CFS Bias Based Profiling Detail CFS Bias Based Profiling Detail /CALEA/Citations Bias Based Profiling Citations Bias Based Profiling /CALEA/Citations Bias Based Profiling Detail Citations Bias Based Profiling Detail /CALEA/CR Force Level CR Force Level /CALEA/CR Force Level Details CR Force Level Details /CALEA/Field Interview Bias Based Profiling Field Interview Bias Based Profiling /CALEA/Field Interview Bias Based Profiling Detail Field Interview Bias Based /Case Management/Case Workload by Agency Profiling DetailCase Workload by Agency /Case Management/Case Workload by Group Case Workload by Group /Case Management/Case Workload by Personnel Case Workload by Personnel /Case Management/Case Workload by Personnel Case Workload by Personnel Details Details /CFS/CFS by Area CFS by Area /CFS/CFS by Area Details CFS by Area Details /CFS/CFS by Period CFS by Period /CFS/CFS by Period Details CFS by Period Details /CFS/CFS by Personnel CFS by Personnel /CFS/CFS by Personnel Details CFS by Personnel DetailsCitations by Area /Citations/Citations by Area /Citations/Citations by Area Details Citations by Area Details /Citations/Citations by Period Citations by Period Citations by Period Details /Citations/Citations by Period Details /Citations/Citations by Personnel Citations by Personnel /Citations/Citations by Personnel Details Citations by Personnel DetailsCR by Area /CR/CR by Area /CR/CR by Area Details CR by Area Details /CR/CR by Period CR by Period /CR/CR by Period Details CR by Period Details /CR/CR by Personnel CR by Personnel /CR/CR by Personnel Details CR by Personnel Details /Field Interview/Fl by Period FI by Period /Field Interview/FI by Period Details FI by Period Details /Field Interview/FI by Personnel FI by Personnel /Field Interview/FI by Personnel Details FI by Personnel Details /JMS/Arrestees Being Processed Arrestees Being Processedlnmate Process Req /JMS/Inmate Process Req Standard Reports ®MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5-2 Page 584 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218!FLP 191267A 'PremierOne Recordse Reports /Tem plate/LandscapeListTableTem plate LandscapeListTableTem plate /UCR/AdultArrest AdultArrestArson /UCR/Arson /UCR/HateCrime HateCrime Standard Reports ®MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 55-3 Page 585 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 6 Bill of Materials Network Hardware Extreme Networks Summit X620-16t switch 2 Extreme Networks Summit X460-48 OOB switch 1 PremierOne Fortigate FG-501E Firewall Device 2 PremierOne FortiGate AC Power Supply for FG-3001301E AND FG- 2 5001501E Other Hardware and PremierOne Cable RJ-45(M) to RJ45(M) STP 2.44M CAT6a BLUE 2 Software PremierOne Cable RJ-45(M)to RJ45(M) UTP 2.44M CAT6a AQUA 8 PremierOne Cable RJ-45(M)to RJ45(M)UTP 2.44M CAT6a BLACK 4 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a BLUE 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a AQUA 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a BLACK 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 2.13M CAT6a 10 ORANGE PremierOne Cable RJ-45(M) to RJ45(M) UTP 30.5cm CAT6a BLUE 2 PremierOne Cable RJ-45(M) to RJ45(M) UTP 15.2cm CAT6 RED 1 PREMIERONE 10GBASE50CM TWINAXIAL CABLE 6 Lantronix UDS1100(one required for each 911 interface) 2 Microsoft SQL Server Enterprise 2017 4 Core ENT Base Lic 3 Microsoft SQL Server Standard 2017 4 Core STN Base Lic 5 Microsoft@SysCtrDatacenter 2016 2 Core Base and Add Lic 36 Microsoft@SysCtrDatacenter 2016 2 Core Add Lic Maintenance 36 Server Hardware and PremierOne HPE 42U Enterprise 800mm wide rack,with Console, 1 Software KVM Switch, and monitored PDUs Panduit cable strain relief bar for PremierOne 4 PremierOne HPE DL360 Gen 10 Host Server 3 PremierOne HPE DL360 Gen 10 Monitor Server 1 VMWare vSphere 6 Ent+CPU 7 VMWare vCenter 6 Std 1 VM, Monitoring and ADC SW SolarWinds Network Performance 1 Monitor SL250 License Bill of Materials ©MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 6-1 Page 586 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Category Name oty VM, Monitoring and ADC SW SolarWinds NetFlow Traffic Analyzer 1 SL250 License F5 BIG-IP LTM 1 G Load Balancer 2 Storage Hardware and Storage Nimble Storage HF20 SAN 21 TB RAW 21x1 TB HDD+(3.6TB 1 Software flash)iSCSI BUNDLE Storage HP StoreOnce 3520 1 PremierOne CAD Premiel-One CAD Server License(Primary) 1 Software PremierOne CAD Dispatch (CAD Client and Mapping) 7 PremierOne CAD Low Use Client License mapping(Per Concurrent 2 User) PremierOne AVL Vehicle Tracking Module License 1 PremierOne Mobile PremierOne Mobile Server License(Primary) 1 Software PremierOne Mobile Windows Client Per Device License(1-50 units) 32 PremierOne'Records PremierOne Records Tier 2 Server License(51 to 500 users) 1 Software PremierCine Records Client License 51 PremierOne Mobile Records Client License 32 Property&Evidence , 1 Advanced Configuration Tool 1 PremierOne Software Premiel-One Query Service Server License 1 PremierCine GIS Editing Client Plug-In License 1 PremierOne CAD&Mobile Reporting Service Server License 1 PremierOne Records Reporting Service Server License 1 Premiel-One Mapping Server License 2 Bill of Materials ®MOToraoLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 6-2 Page 587 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218/FLP191267A Section 7 Interface Specification Documents Interface documents follow this page. ProductInterface or Data Direction (inbound, Outbound, NG-E911 ANI/ALI CAD CAD Server CallWorks 911 Interface I Florida TRaCS Records Records Server TRaCS Crash and I Accidents Citation—FL(TEG) Florida TRaCS Records Records Server TRaCS Crash and I Citation Citation—FL(TEG) State Query CAD PremierOne COMMON—Suite State B (FCIC/NCIC) Suite Services Query Fireworks Fire CAD CAD Reporting COMMON—CAD O Records CFS Data Outbound FRMS Feed Warehouse UCR/IBR Records Records Server COMMON—Records O Submission State Submission LEX FINDER Records Records COMMON—Records O (RDW data out) Reporting Data Data View Warehouse LexisNexis Records Records COMMON—Records O (ATACRAIDS) Reporting Data Data View -(RDW data Warehouse Out) SPIDRTech CAD CAD Reporting COMMON—CAD Data O Data View Warehouse SPIDRTech RMS Records COMMON—Records O Reporting Data Data View Warehouse PowerPhone CAD CAD Client CAD Call Handling— 0 CACH (PowerPhone) Rip N Run CAD CAD Server COMMON—Tear&Run 0 Interface Specification Documents ©MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 7-1 Page 588 of 1066 ® MOTOROLA SOLUTIONS ® �'am ie neTM CAD m Callworks 911 Interface DOCUMENTINTERFACE SPECIFICATION Versi®n 1.1 .1 The design,technical,pricing,and other information("Information's furnished with this submission is proprietary andlor 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 589 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process................................................................................................................................ 1-3 1.5 User Experience................................................................................................................................ 1-3 1.6 Use Cases.......................................................................................................................................... 1-3 Section 2 Operational Considerations................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security...............................................................................................................:.............................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOn6-CAD-Callworks 911 Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 590 of 1066 Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1.1 INTRODUCTION This hiterface Specification Document(ISD)provides a description of the capabilities of PremierOne CAD CallWorks 911 Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows Automatic Number Identification(AND and Automatic Location Identification(AL1) information to be passed from the CallWorks 911 system to PremierOne CAD,so call takers have the essential data to initiate a call. When the CallWorks 911 system receives the ANUALI data feed from the provider,it passes it to PremierOne CAD. When the call is picked up by a call taker,the call handling system determines the call taker position and routes the parsed data to the associated Premier0ne CAD Workstation,where the data is displayed in the Incident Initiation form. The Telecommunications Device for the Deaf(TDD)interface allows TDD information to be passed from the CallWorks 911 system to PremierOne CAD,so call takers can save the conversation transcript with its associated incident. When the call taker receives a call from a TDD Adaptor,the call handling system sends the message to the associated PremierOne CAD Workstation. Each time the caller or call taker transmits data via the TDD interface,the TDD system sends the message containing that portion of the conversation to PremierOne CAD. At the conclusion of the call,the TDD system is required to send a disconnect message to PremierOne CAD.This triggers PremierOne CAD to prompt the call taker to specify the incident to associate with the conversation. Figure 1-1 shows the connectivity and primary data flow across the system. PremierOnerm CAD-Cal Works 911 Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 591 of 1066 Interface Specification Document plreniiirOne CA9,INOwr tdtion ` Phone'Veridor•- + `ANI/� TRremierOn Ap DQ plication e CAD 1 - -. I I Client l t,. TDD' ANI/AU AQ'bataliaseL.Au—►` CallWorks ]1.. - Otemierooewi I - � � 9' - � 'Serval` 1' Figure 1-1.CallWorks 911 Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. 1.3 DATA EXCHANGE The CallWorks 911 system communicates with PremierOne via TCP/IP over the customer network. The Interface in PremierOne CAD is configured to accept,parse and store the ANUALI data from the CallWorks 911 system. Phone Vendor ALI Database- CallWorks 911 PremierOne CAD PremierOne CAD System, Server client 1 I I I I 'oil I I I I I 1 I I ANI/AL1 I I I I 1 tall LTBta-E-�I 1 I I I I I I I I I Figure 1-2.CallWorks 911 Data Flow Diagram PremierOn6m CAD-CallWorks 911 Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 592 of 1066 Interface Specification Document CallWarks 911 PremierOne CAD PremierOne CAD Phone Vendor System Server TDD Application Client I I I I I �soo eoaversaGcn� I I ( 1 Conversation tYt C55��,C�1 (TCP/IP) I I I I - I rconversatlon Wssage—+ -�isConn+Ct rltc5sa$2�1 1 I-conversattoa History^lot DisconnectMcssa=e I I I (TCP/IP) r I I I �aiscannect Massa�,e--�I I I I I I all I I I I al � I I I I I I I 1 I I I I I I I Figure 1-3.CaHWorks TDD Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE 911 Call User Experience When a 911 call is answered,the ANI/ALI information is passed to the Premier0ne CAD client. The system will automatically populate the Incident Initiation form or the user can request a manual refresh using shortcut keys(i.e.Shift+F11). TDD User Experience Upon completion of a TDD call,the PremierOne CAD user can associate the conversation transcript to an incident,by selecting the TDD item in the Utilities menu and specifying an incident number. The PremierOne CAD user can then view the conversation in the Comments field or in the History tab of the incident. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface. They provide traceability for the Test Cases in the Interface Test Procedure. PremierOnem CAD-CaI1Works 911 Interface ® Motorola Solutions Confidential Restricted Interface Description 1-3 Page 593 of 1066 Interface Specification Document Table 1-1.Use Cases Description UC-01 PremierOne system can populate Incident Initiation form with ANI/ALI data. UC-02• PremierOne system can display services for correctly formatted messages for all classes of service that are provided by the customer phone vendor. UC-03 PremierOne user can populate Incident Initiation form with ANVALI data using shortcut keys. UC-04 PremierOne system can place ALI data in CAD Incident Queue,when user is working on an active incident. UC-05 PremierOne system can process re-bid request for wireless call. UC-06 PremierOne user can associate a TDD conversation to an incident. UC-07 PremierOne user can view the TDD conversation of an incident. PremierOneTM CAD-CallWorks 911 Interface I-4 Interface Description Motorola Solutions Confidential Restricted Page 594 of 1066 Interface Specification Document SECTION 2 O :ATI PE OAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between Premier0ne CAD and CallWorks 911 over the Customer Enterprise Network,using TCP. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the Premier0ne database. If ALI data is not available for a call,the system will display one of the following messages in the ALI data field • No communication with database • No information available • ALI receive error,press RTX • Conversion NPA-NPD error 2.3 SECURITY There are no additional security requirements for the Interface,beyond the standard implementation for Premier0ne CAD. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for Premier0ne CAD. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in CallWorks 911 or Customer Enterprise Network,which might affect the Interface. PremierOne'm CAD-CallWorks 911 Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 595 of 1066 Interface Specification Document Customer is responsible for keeping the reference data synchronized between PremierOne and CallWorks 911 system. Customer is responsible for regularly purging data and files from the servers and maintaining optimal system performance. New 911 and TDD positions and Premier0ne CAD Workstations will need to be provisioned in PremierOne CAD. PremierOne'M CAD-CallWorks 911 Interface 2-2 Operational Considerations Motorola Solutions Confidential Restricted Page 596 of 1066 Interface Specification Document SECTION 3 STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility tyfor training, configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding CallWorks 911 system lPs,the network routing of CallWorks data to Premier0ne CAD through the customer network and mapping of the ANI/ALI data to PremierOne fields. b) Implement the Interface. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Procure all customer third-party licenses and API documentation,as required. e) The customer's third-party system must be on a version supported by the customer third party. Customer will procure any required upgrades. f) Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. g) Witness the functional demonstration of the Interface. h) Protect the Enterprise Network against unauthorized access. i) Provide secure connections between PremierOne and CallWorks 911. PremierOner"CAD-CallWorks 911 Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 597 of 1066 Interface Specification Document i j) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. k) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 34.Implementation Plan Task Owner Establish network connectivity between the CallWorks 911 system and Customer PremierOne CAD for the Interface. Establish network connectivity between CallWorks 911 Workstations and Customer -PremierOne CAD Workstations for TDD interface. Provision PremierOne CAD Workstations and 911 positions in Customer/Motorola Solutions PremierOne CAD to match the existing 911 call taking positions. Provision CallWorks 911 Workstations and PremierOne CAD Customer/Motorola Solutions Workstations for TDD interface. Configure the Interface in PremierOne CAD. Motorola Solutions Configure TDD interface in Premierone CAD. Motorola Solutions Enable the TDD functionality on PremierOne CAD Workstations. Motorola Solutions Premieron6m CAD-CallWorks 911 Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 598 of 1066 ® MOTOROLA SOLUTIONS rem ie TM neRecords TraCS C'itat'ion a SPECIFICATION „ Version 1 .1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 599 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................. 1-14 1.5 User Experience.............................................................................................................................. 1-14 1.6 Use Cases........................................................................................................................................ 1-14 Section 2 Operational Considerations........................................................................................................................... 2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging..............................:......................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview..............................................................................:............................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOn6m Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 600 of 1066 <CUSTOMER NAMP> Interface Specification Document SECTION 1 I TERF C DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne Records TraCS Citation and Crash Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows Premier0ne Records to receive crash and citation data from the TraCS application. PremierOne uses this information to create accident and citation document in Records system,and make the data available for querying and reporting from within the PremierOne Records client. The TraCS application provide the crash and citation data in the agreed upon format on the TraCS File Server. The PremierOne Common Services Interface(CSI)will use this data to create the Accident and Citation Document,and place it in the Records pipeline. The PremierOne Records system will handle the processing of the document in the Records system. Figure 1-1 shows the connectivity and primary data flow across the system. f' TraCS application server �1 PremierOneRecordsSener — Elle Share Common Services PremierOne Records d� PremierOne Records �I—�I Interface(CSI) I Server I I client t` — — — — Figure 1-1.TraCS Citation and Crash Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOnerm Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 601 of 1066 Interface Specification Document <CUSTOMER NAMF> 1.3 DATA EXCHANGE Accident and Citation data will be made available to the PremierOne Records environment through a data push by TraCS to a File Server containing one directory for accident documents and another directory for citation documents. (Each directory will have a failed and success sub directory). Prior to the push, TraCS will perform the transformation of TRACS accident and crash report data to a properly formatted Premier0ne.xsd schema. The Motorola Common Services Interface will be used to poll the accident and citation directories on the File Server for the existence of new files. The file will then be imported into PremierOne Records. Upon successful importing of the accident and citation documents,a copy of each respective document file will be placed in the success sub directory of each respective report. If an import failure should occur,a copy of each respective document file will be placed in the failed sub directory of each respective report. If a failure occurs in the importation process,no document will be created within the Premier0ne Records environment.In addition,a SQL log will be written to the DHStore.dbo.QueueErrorLog table and an error log will be written to the Windows Server Application Logs. Data Elements TRACS element PremierOne Data Type Length Format Notes Attribute FormType String 1 L', 'S', 'U' Needs to be added to XSD CrashDateTime Acc.Doc.CrashD datetime datetime ate+ Acc.Doc.CrashTi me ReportDate date Needs to be added to XSD AgencyCaseNum Acc.Doc.StateCa String 20 Need to verify ber seldentifier HSMVReportNu Integer 1 Need to verify if mber this report number is the same as CAD Incident Number CountyCity Integer Needs to be added.This is actually 3 TRACS elements: County Code, City Code, County,City or Place PremierOn6lm Records TraCS Citation and Crash Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 602 of 1066 <CUSTOMER NAMF> Interface Specification Document WithinCityLimits Integer '1'=yes '2'= no TimeReported Acc.Doc.PoliceN datetime there is a otifiedDate simple t TimeDispatched datetime Needs to be added to XSD TimeOnScene datetime Needs to be added to XSD TimeClearedScen datetime Needs to be e added to XSD InvestigationCom T=yes'2'=no Needs to be plete added to XSD Reasonlnvestigati String 60 Needs-to be onComplete added to XSD NotifiedBy Integer 1= Motorist 2= Law Enforcement StreetName Acc.Doc.OnStre String 50 etName StreetNumber Needs to be added to XSD Latitude Acc.Doc.Latitud Decimal e Longitude Acc.Doc.Longitu Decimal de OffsetFeet Acc.Doc.FtFroml Decimal ntersection OffsetMiles Decimal Needs to be added to XSD. Not able to determine simpleType OffsetDirection Acc.Doc.Units.lt Need to ask em.DirectionofT definition to ravel confirm IntersectingStree Acc.Doc.lntersec String 50 tName tingStreetl PremierOn6y"Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-3 Page 603 of 1066 Interface Specification Document <CUSTOMER NAh1E> RoadSystemldent Acc.Doc.Units.lt Integer 1 1= Interstate ifier em.TrafficwayD 2= U.S. escription 3=State 4=County 5=Local 6= Turnpike/Toll 7= Forest Road 8= Private Roadway 9=Parking Lot 77=Other, Explain in Narrative TypeofShoulder Acc.Doc.Surface Integer 1 1=Paved Type 2=Unpaved 3= Curb TypeOflntersecti Acc.Doc.lntersec Integer 2 1=Not at on tionType Intersection 2=Four-Way Intersection 3=T- Intersection 4=Y- Intersection 5=Traffic Circle 6=Roundabout 7=Five-Point or More 77=Other, Explain in Narrative GeocodedLocatio Needs to be n added to XSD. This includes 9 elements from ctGeoCodedloc ation.xsd PicturesTaken Integer 1 1=yes 2=no Needs to be added to XSD i PremierOn6m Records TraCS Citation and Crash Interface dft 1-4 Interface Description Motorola Solutions Confidential Restricted Page 604 of 1066 <CUSTOMER NAMF> Interface Specification Document LightCondition Acc.Doc.LightCo Integer 2 1=Daylight nditions 2= Dusk 3=Dawn 4=Dark- Lighted 5= Dark-Not Lighted 6=Dark- Unknown Lighting 77=Other, Explain in Narrative 88= Unknown WeatherCodition Acc.Doc.Weathe Integer 2 1=Clear rConditions 2=Cloudy 3=Rain 4=Fog,Smog, Smoke 5= Sleet/Hail/Freez Ing Rain 6=Blowing Sand,Soil, Dirt 7=Severe Crosswinds 77=Other, Explain in Narrative RoadwaySurface Acc.Doc.Roadwa Integer 2 1= Dry Condition ySurfaceConditi 2=Wet on 4= Ice/Frost 5=Oil 6= Mud, Dirt, Gravel 7=Sand 8=Water (standing/movi ng) 77=Other, Explain in Narrative 88= Unknown PremierOn6m Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-5 Page 605 of 1066 Interface Specification Document <CUSTOMER NAME> SchoolBusRelate Acc.Doc.SchoolB Integer 1 1=No d usRelated 2=Yes,School Bus Directly Involved 3=Yes,School Bus Indirectly Involved MannerOfCollisio Acc.Doc.Manner 2 1= Front to n OfCrash Rear 2= Front to Front 3=Angle 4=Sideswipe, Same Direction 5=Sideswipe, Opposite Direction 6= Rear to Side 7= Rear to Rear 77=Other, Explain in Narrative 88= Unknown FirstHarmfulEven Acc.Doc.FirstHar 2 1=On Roadway t mfulEvent 2=Off Roadway 3=Shoulder 4= Median 6=Gore 7=Separator 8= In Parking, Lane or Zone 9=Outside Right-of-way 10= Roadside '88=Unknown FirstHarmful Even 2 1=On Roadway Need to add tLocation 2=Off XSD Roadway 3=Shoulder 4= Median 6=Gore 7=Separator 8=In Parking, Lane or Zone 9=Outside Right-of-way PremierOn6m Records TraCS Citation and Crash Interface 1-6 Interface Description Motorola Solutions Confidential Restricted Page 606 of 1066 <CUSTOMER NAMF> Interface Specification Document 10= Roadside 88= Unknown FirstHarmfulEven Integer 2 1=No Need to add tWithininterchan 2=Yes XSD ge 88= Unknown FirstHarmful Even Acc.Doc.Locatio Integer 2 1= Non- tRelationToJuncti nOfFheRelativeT Junction on oTrafficway 2= Intersection 3= Intersection- Related 4= Driveway/Alley Access Related 5= Railway Grade Crossing 14= Entrance/Exit Ramp 15=Crossover- Related 16=Shared- Use Path Or Trail 17= Acceleration/De celeration Lane 18=Through Roadway 77=Other, Explain in Narrative 88= Unknown PremierOnOm Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-7 Page 607 of 1066 Interface Specification Document <CUSTOMER NAME> ContributingCircu Acc.Doc.Units.lt Integer mstancesRoad em.MVContribu tingCircumstanc e1 ContributingCircu Acc.Doc.Environ Integer 2 1= None mstancesEnviron mentCircumstan 2=Weather ment cesl Conditions 3=Physical Obstruction(s) 4=Glare 5=Animal(s) in Roadway 77=Other, Explain in Narrative 88= Unknown WorkZoneRelate Acc.Doc.WorkZo Integer 2 1= No d neRelated 2=Yes 88= Unknown CrashlnWorkZon Acc.Doc.Locatio Integer 1 1=Before the e nOfCrash First Work Zone Warning Sign 2=Advance Warning Area 3=Transition Area 4=Activity Area 5=Termination Area TypeOfWorkZone Acc.Doc.TypeOf Integer 2 1= Lane WorkZone Closure 2= Lane Shift/Crossover 3=Work on Shoulder or Median 4= Intermittent or Moving Work 77=Other, Explain in Narrative WorkerslnWorkZ Acc.Doc.Worker Integer 2 1= No one sPresent 2=Yes 88= Unknown PremierOn6m Records TraCS Citation and Crash Interface 1-8 Interface Description Motorola Solutions Confidential Restricted Page 608 of 1066 <CUSTOMERNAME> Interface Specification Document LawEnforcementl Acc.Doc.LawEnf Integer 1 1=No nWorkZone orcementPresen 2=Officer t Present 3=Law Enforcement Vehicle Only Present Witnesses Need to ask question. Not able to find ctWitnesses complextype (There is a ctWitness complex type) PropertiesDamag Need to ask ed question. Not able to find ctPropertiesDa maged complextype (There is a ctPropertyDam aged complex type) Vehicles Need to ask question. Not able to find ctVehiclescompl extype (There is a ctVehicle complextype) NonMotorists ctNonMotorist NonMotorists/Ph Acc.Doc.People. String 20 ctNonMotorist/ one Item.Phone ctPerson NonMotorists/Da Acc.Doc.People. date ctNonMotorist/ teOfBirth Item.DOB ctPerson NonMotorists/Ge Acc.Doc.People. Integer 2 1= Male nder Item.Sex 2= Female 88= Unknown NonMotorists/Dr Acc.Doc.People. String 20 ctNonMotorist/ iverLicense Item.Drivers Lice ctPerson/ctDriv nseNo erLicense PremierOn6m Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-9 Page 609 of 1066 Interface Specification Document <CUSTOMERNAME> NonMotorists/Inj Acc.Doc.People. Integer 1 1= None ctNonMotorist/ ury5everity Item.I njuryStatu 2=Possible ctPerson S 3= Non- Incapacitating 4= - Incapacitating 5=Fatal (within 30 days) 6= Non-Traffic Fatality NonMotorists/Lo Acc.Doc.People. Integer 2 1=Intersection ctNonMotorist/ cationATimeOfCr Item.NonMotori -Marked ctPerson ash stLocationTime Crosswalk OfCrash 2= Intersection -Unmarked Crosswalk 3= Intersection -Other 4=Midblock- Marked Crosswalk 5=Travel Lane- Other Location 6= Bicycle Lane 7= Shoulder/Roads ide 8=Sidewalk 9= Median/Crossin g Island 10=Driveway Access 11=Shared Use Path Or Trail 12= Non- Trafficway Area 77=Other, Explain in Narrative 88= Unknown NonMotorists/Sa Acc.Doc.People. Not able to find fetyEquipment Item.NonMotori ctSafetyEquipm stSafetyEquipm ent.Am able to entl find ctSafetyEquipm entltem PremierOn6m Records TraCS Citation and Crash Interface 1-10 Interface Description Motorola Solutions Confidential Restricted Page 610 of 1066 <CUSTOMER NAME> Interface Specification Document NonMotorists/Ac Acc.Doc.People. Integer 2 1=Crossing tionPriorToCrash Item.NonMotori Roadway stActionCircums 2=Waiting to tancePriorToCra Cross Roadway sh 3= Walking/Cycling Along Roadway With Traffic(in or adjacent to travel lane) 4= Walking/Cycling Along Roadway Against Traffic (in or adjacent to travel lane) 5= Walking/Cycling on Sidewalk 6= In Roadway -Other (working, playing, etc.) 7=Adjacent to Roadway(e.g. shoulder, median) 8=Going to or from School(K- 12) 9=Working in Trafficway (incident response) 10= None 77=Other, Explain in Narrative 88= Unknown PremierOn014 Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-11 Page 611 of 1066 Interface Specification Document <CUSTOMER NAME> NonMotorists/N Acc.Doc.People. Integer 2 1= No onMotoristsActio Item.NonMotori Improper ns stActionsCircum Action stancesTimeOfC 2 Dart/Dash rashl 3= Failure to Yield Right-of- Way 4=Failure to Obey Traffic Signs,Signals, or Officer 5= In Roadway Improperly (standing, lying, working, playing) 6=Disabled Vehicle Related (working on, pushing, leaving/approac hing) 7= Entering/Exiting Parked/Standin g Vehicle 8=Inattentive (talking,eating, etc.) 9= Not Visible (dark clothing, no lighting,etc.) 10= Improper Turn/Merge 11= Improper Passing 12=Wrong Way Riding or Walking 77=Other, Explain in Narrative 88= Unknown NonMotorists/AI ctAlcDrugEMS cDrugEMS NonMotorists/Vi Acc.Doc.People. ctViolation olations Item.Violationl PremierOn6m Records TraCS Citation and Crash Interface 1-12 Interface Description Motorola Solutions Confidential Restricted Page 612 of 1066 <CUSTOMER NAME> Interface Specification Document NonMotorists/Pr not able to find opertiesDamage ctPropertiesDa d maged.Am able to find ctPropertyDam aged Narrative Acc.Doc.Narrati String 32768 ve ReportingOfficer Acc.Doc.Officer String 10 Need to BadgeNumber No determine if OfficerNO is same as badgenumber Repo rti ngOfficer String 20 Needto add to Rank XSD Repo rti ngOffice r Acc.Doc.OfficerF String 60 Name irstName+ Acc.Doc.OfficerL astName ReportingAgency Acc.Doc.Agency Integer 1 1=Florida Name Highway Patrol (FHP) 2= Police Department (PD) 3=Sheriff's Office(SO) 4=Other Diagram Acc.Doc.CrashDi jpg agramimage The data flow diagram captures the events,triggers and message exchange between the systems. PremierOn6m Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Interface Description 1-13 Page 613 of 1066 Interface Specification Document <CUST0M ER NAMF> TraCSapplication Common Services PiemferOne Premierone Server FileShare Interface Records Server Records Client Save f le to Fll eSh are—^ I I ' CSI Mankarsthefile. 1--Shareforne-files andFidaW PrerderOneRemrds than uP. m consuesfile and F-- addsthedstato Cramh CA aihble�nR crdsa I 'the Case Fold Er ,� Chert Figure 1-2.TraCS Citation and Crash Interface Data Flow Diagram 1.4 BUSINESS PROCESS The file name of the file sent to the File Server is required to contain the Case Number. This format will be discussed in the discovery phase and it will be the customer's responsibility to communicate this format to the TraCS vendor. 1.5 USER EXPERIENCE The accident and citation document created by the Interface is viewable as a read-only document in PremierOne Records. Accident and Citation data written to the Master Indices can be pulled forward into other PremierOne Records documents. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface. They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Use Cases1 Bili UC-01 PremierOne system can create citation document. UC-02 PremierOne system can create accident document. UC-03 PremierOne user can view the citation document. UC-04 PremierOne user can view the accident document. PremierOn6m Records TraCS Citation and Crash Interface 1-14 Interface Description Motorola Solutions Confidential Restricted Page 614 of 1066 <CUST0NffiR NAME> Interface Specification Document I ' SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne Records and the Interface over the Customer Enterprise Network using FTP or SM. 2.2 EXCEPTION HANDLING AND LOGGING Premier0ne exceptions are logged in both the Windows Event Log on the application server and the Premier0ne database. PremierOne can be configured to log incoming data from the TraCS application. It will log invalid records,which were not successfully imported into PremierOne,in the failed import folder on the TraCS File Server. Citation and crash will have their own failure folder. 2.3 SECURITY A Windows Service Account with read/write access to the TraCS File Server will be created for PremierOne Records and the Citation application. The crash and citation documents contain personally identifiable information(Pl1). Customer is responsible to ensure this data is secured. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for Premier0ne Records. I i i 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the TraCS application, File Server,or Customer Enterprise Network,which might affect the Interface. Customer is responsible for keeping the reference data synchronized between PremierOne and the TraCS system. PremierOn6m Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 615 of 1066 Interface Specification Document <CUSTOMER NAME> Error!Unmown document property name. i Customer is responsible for contacting Motorola Solutions when the TraCS application changes the data elements or format of the data file. Customer is responsible for archiving and purging files on the TraCS File Server. System Administrator is responsible for monitoring the failed import folder on the TraCS File Server,and for fixing the issues in the TraCS application and resend the data file to PremierOne. PremierOneTm Records TraCS Citation and Crash Interface 2-2 Operational Considerations Motorola Solutions Confidential Restricted Page 616 of 1066 <CUSTOMER NAME> Interface Specification Document SECTION 3 STATEMENT F WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the data exchange and handling of the accident and citation document in PremierOne Records. b) Implement the Interface. — Scan hard-copy forms into Premier0ne Records and develop Crash Reporting functionality. — Integrate the Crash Report and Premier0ne Records. — Submit the developed forms to gain State acceptance. — Collaborate with the Customer to understand any provisioning parameters that may impact report submission acceptance,in the event of an initial failed submission. — Modify the crash report to account for compliance with state specific reporting requirements,as required by the State,and upon receipt of an official state communication. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. — Provide hard copies of forms. — Initiate a submission of the Crash Reports to the State. — Resolve any provisioning issues that affect State submission acceptance. PremierOnerM Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 617 of 1066 Interface Specification Document <CUSTOMER NAME> — Serve as the intermediary between Motorola and the State in clarifying reporting requirements between state requirements,Customer requirements,and PremierOne Records Crash Report submission functionality. — Obtain an official state communication clearly articulating the State's requirement. b) Forward a copy of the official state communication to Motorola. c) PremierOne does not perform selective load. It will create accident and citation documents for all the records received in the file. Customer is responsible to ensure the TraCS application only sends data that they want loaded in their PremierOne Records system. d) Familiarize themselves with this ISD. e) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. f) Procure all customer third-party licenses and API documentation,as required. g) The customer's third party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. h) Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. i) Witness the functional demonstration of the Interface. j) Protect the Enterprise Network against unauthorized access. k) Provide secure connections between PremierOne and the TraCS system. 1) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. m) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATI®N PLAN Table 3-1.Implementation Plan Task Owner Provide PremierOne Records Accident and Citation Module schema. Motorola Solutions Provide TraCS File Server. Customer Provide PremierOne Service Account read/write privilege to the TraCS Customer File Server. Provide Windows Service Accounts with read/write privilege to the TraCS Customer File Server for the TraCS Application. Establish network connectivity between PremierOne Records and the Customer TraCS File Server. Establish network connectivity between PremierOne Records and the Customer TraCS File Server. Install and configure CSI component for the Interface on PremierOne Motorola Solutions Records Servers. PremierOnOm Records TraCS Citation and Crash Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 618 of 1066 <CUSTOMER NAME> Interface Specification Document Install and configure CSI component for the Interface on PremierOne Motorola Solutions Records Servers. Configure the Interface in PremierOne Records. Motorola Solutions Configure TraCS Application to provide data file on the TraCS File Customer Server. PremierOn6m Records TraCS Citation and Crash Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-3 Page 619 of 1066 ® MOTOROLA SOLUTIONS TM Premi'erOneSu'Ite Query INTERFACE SPECIEFICATION DOCUNIENT Versi®n 1.1.2 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.©2021 Motorola Solutions,Inc.All rights reserved. Page-620 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-3 1.5 User Experience................................................................................................................................ 1-3 1.6 Use Cases.......................................................................................................................................... 1-6 Section 2 OperationalConsiderations................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-2 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview................................................:...........................................................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOneT-"Suite-State Query Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 621 of 1066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne Suite State Query Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne users to submit transactions to.State and Federal systems,via the State Message Switch.These transactions are most typically ones that perform inquiries,although transactions that enter,modify,locate,and clear information are also possible. The State Message Switch provides links to State systems like Department of Motor Vehicles(DMV)and national law enforcement systems like National Crime Information Center(NCIC). Query requests made on PremierOne CAD,Records or Mobile clients are routed to one of the PremierOne application servers.The PremierOne Query Service processes the request and determines which data source(s)can fulfill the request.This information is then passed to the PremierOne Common Services Interface(CSI)component,which translates the request to XML messages and passes it on to the CommSys ConnectCIC.ConnectCIC handles the State connection and translates the messages to the query strings required by the State.The State Message Switch forwards the request to the appropriate system. When a response is received,ConnectCIC parses and returns the response to CSI as an XML message. CSI parses the response and forwards it to PremierOne Messaging Service,which handles the routing of the query response to the requestor. Figure 1-1 shows the connectivity and primary data flow across the system. Premier0n6m Suite-State Query Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 622 of 1066 Interface Specification Document 'PremierOne Client Premierone CAD Server — i.-----------PremierOneService --------- ,..i PremierOne CAD _ Client � i ` i .-__---' Query,Servlce !—Query Recpest� - - - PremierOna Rem'"as CServices l ' I Comms Caun %'State � i `- � ommon ery � h' Iritehaae{CSI). I ConnectClCI Message Switiit ---- --- I LMessagingServiool nu�y.Ro�mse-r PremierOne_Mobile: i - - i �_� Client � I + ♦♦ .----------------------------------- ( State&-Natidnal'- It Systems Figure 1-1.State Query Interface Diagram Information required for installation,configuration,test and support purposes regarding this State Query Interface will be gathered during the ISD review. 1.3 DATA EXCHANGE PremierOne services and CommSys ConnectCIC manage the data transformation and exchange process. The State Message Switch may direct a single query request to multiple systems,and each system will provide its own response. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne Messaging Common Services CommSys County/State Client Service Query Service Interface ConnectClC Message Switch I I I I I I I I I I I I uery Request I I I I I �Request----IOJ I I I I I I I I I I I r—Reque----*l I I I I I Request—*I I I I I I I I I I I r —Query Responses —, I I I If—Responses I I I144 Responses I I I Responses �--Responses I I I I I I I I I I I I I I I I I I I I I I Figure 1-2.State Query Data Flow Diagram PremierOneTM Suite-State Query Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 623 of 1066 Interface Specification Document 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE Premier0ne user can select a query type,enter the required query parameters and submit the query using a Query Request form similar to the sample in Figure 1-3.The same query forms are available throughout the PremierOne Suite;CAD,Records and Mobile client.User access to the query forms is managed by the user roles provisioned in PremierOne. F-mWe' EWrk —UaHelp. �Fr PremierOne CAD Client Flnishedgeneratingthequerytyp J 7 •v remW�lsY -sem onr: ?� 4Y I Ase odaleTo: - - - QueryTYPes ----_-- - C�'-%u.pl)f3a3U1S 2 i Inc Orlldit: 'oher,t Ide' send To D river History, _ Oriven5tatus ^ � �: Lice nseNumber. T09000099ventde: � . VA - I '6 f flame' lnioPanel� —_— ---�------- DOB' Databases> - - -- - - - - -- - s :Nehyik AValiable ! �ti inla !d triode: Online 'Race v PI :Const:. SYRV201:_. - i +� Usec ,f1ROQers sax Role: CCAdmi.:: '`Envie :PrddOdion Saye AspJati. earFbtm $esetDatabaws :-FNItALI.- .— L Figure 1-3.Query Request Sample PremierOne administrator may also create a command line version of a query form,similar to Figure 1- 4 command line query sample.This allows users to quickly submit frequently used queries.The administrator may also configure the system so queries can be submitted using person and vehicle information entered in an incident. Piemi_e'ro4e CAD_06nt: Cdnsoie, VY, uh'3ie -.-Heap; QD,LicenseNumber,T1111J11�7 Stete;V.,-5tate:> `.+ y.All4iorkarea5'deared Figure 1-4.Command Line Query Sample PremierOndrm Suite-State Query Interface ® Motorola Solutions Confidential Restricted Interface Description 1-3 Page 624 of 1066 i Interface Specification Document Query Request forms are built upon the underlying data supplied by the External System.A form could use one or more underlying data sources.Thus,query responses from a particular form could be from multiple data sources. Query responses are displayed in the Query Responses tab of the query window similar to the sample in Figure 1-5.They may also be displayed in a dedicated window outside of the main CAD client window. V. ',Ml Query. -I sporises!'(1ry. unreat, -Hc '-Query, Summary, RespTYP!':Received 1 _ 9,700000099;VA; P_WM1:008X5: NCIC REPLY VA075033N7.NOJCIC WAP. NCIC=No 7;33:18' VA--''_P)Ntull-nOPIYA_a""_tJI1VC!NRFr.0RG1.Fd]I-INn,Fn-R_IN01_`VC:III_Ml a; Query Hesdvir Summary:,PW.M9:00SX5 VIRG.INIADEPARTMENT.OFMOTOR VEHICLES DMV,REPLY.QD;V,< j ---- -------...---------------- — - ----- { Unit': Printed By: MRO:gars L?iititied_itis, I RZ7,1.::008%5. ,rIRC-INIA DEFAR-11=1 OFiMOTOR;VF-H1 T-S: { I DLV RE P,LY 1 QD:771 -503M, .SDC/000000001 f STONE 'E'RED;�jOHNPER=OUS.--M!"T: 00 123.55:A-TE"RUN'DR- BEDROCK VA:220+600001- SEX/M. DOB11800/.01/01-. HG_f-5D9'. WG_'/150HAI/9R'. EYEIBR', 1 SOC/':100000099 -SSN: 000000001 I.D-R. R: XP/ 20119/0111.1 1 !I DRIVir k LICENSE:S^ATUS ?,ICENSEP- CLASS:. 1.1, RES RI-t JOI3E 1, -VEM CTASSi DRIVER .FO=-, BAiJANCE: #S66. I ORGAN'DONOR': Y. VETERAN.; .N V _Formatted' Ravt Fdr;yz d N N,Inclden4Attach: }n r1;I ;'Poni-.1' IPrint..l Delete:: Figure 1-5.Query Response Sample In most States,the query response sent back from the State Message Switch is a block of text. This text will be displayed to the user.Certain responses may be parsed,by ConnectCIC,which involves examining the response and determining where certain key data such as names,addresses,and license status are placed.This structured response is available as discrete values to PremierOne.This can be used to provide a visually formatted response that emphasizes key information.Figure 1-6 provides a representative sample of a formatted query response. PremierOnerM Suite-State Query Interface 1-4 Interface Description Motorola Solutions Confidential Restricted Page 625 of 1066 Interface Specification Document Query Responses can be formatted for Workstations and Mobile clients.Query formatting is done using Extensible Stylesheet Language Transformations(XSLT)and the result is displayed using Hypertext Markup Language(HTML).The HTML transformation provides an enhanced level of formatting beyond the raw text that is returned in the query responses.The enhanced formatting can be helpful to call out specific data elements,or display images if they are included in the response from the External System. _ .C�U:ery Responses C3) o �Jt: Unread:; Ftc: ;(3uery Summary. RespTyp�I:,R¢csived '�'. '9711119111;VA PW21008WB.VCiN'REP_L-YVA'0750321 RTYPFIHIT',MFCI 'VCIN-,Wa "7:37,'3& gT0111111i VA PWMV00&V'0,-1) 9:711 ti4111 VA': PW21 008WS � -R.MT COXA0750M "00=01 NQNCIN.RECORD.FOUND FOR,INQ+ �`VCIN=No! ;;7:37:36= '1-'1. T^n nAnn.� iRjl a�nnVc=_ _(1; n nrn75 r1T - _r• �' "�1^ -__ .. " —Quer%;H�adsi . Summary: PWMI O0S k(G .DMV REPLY'OD:VA07503N11_SOGJTy11:11117_FURIC:GQB/t2�.1 UA.' TRANS ; ';More 'I REVOKED. E017RELATED D. L.Ta DOB':194$%0,9/.16 EXP ST'dNGAEAN LEROV TES-,T, VSP t 2`3p_ID BROAD-STS RM 509'"PREVIOUS'CMV"VIdL RICHMQLUD.VA'.2$26.90999 FTAF1 :04.8Y7G': DIN, REPLY QD`V7,075_.031h1, 5oe/T1111 i l;,FUR/:C Co3/1291 V iIt N YPTi .fir, '3E PRO' S� ED ISTD I'MI: ...,......., 7 .-,-P' C .S QED 2300-0V-0VSs RV- 50] _RECVSP PREV_TOIIS DkTS >32 205/t793,0 S^RING3Et Y FRE<►TOFJS Gt4v'VTOii : Rz&H i6ND-Oh,23259p4�9 sE%/ISG Doi/19 sIia9/76: xcs'Jb09: :Y7GT11b5e ;3ai/nR: F- I R:i _soe( 1111i1 DRIVER. EXP/ I?R3V`cst:iICcNSE `STATUS — REVOKED DU1=RE1,i:;i_ED EOI CZ��, DB1Vk-t;S_A-TUS -DIS;OC ALLIED IfEDICAL CERT: SEF GERTJ DRIVER.--POINT 3ki,�NCE: 0 ORG= DONOR: VETERAN: N � Foilriatted Raw: FoNyaid Ne:V'Inadsnt", Attact5:_ 't Ft'i. `:Font;1: :Pant:► Delete �. �. I PremierOndm Suite-State Query Interface ® Motorola Solutions Confidential Restricted Interface Description 1-5 Page 626 of 1066 Interface Specification Document Figure 1-6.Formatted Query Response Sample A structured response may also be used to populate the person or vehicle information in an incident, without requiring the retyping of the information from a response.The user may run a query on a driver using their operator license number,and then use this feature to populate the person form with the person's details from the query response. Cascading and drill-down queries can be provisioned by using details from the structured query response as input to subsequent queries.Cascading queries run automatically using these results and a drill-down query is run when the user clicks on the hyperlink on the response form. The HTML transformation and structured response services are not in scope of the Interface implementation.If these additional features are desired by the Customer,Motorola Services will review the requirements and provide a separate quote for the enhanced response formatting during the interface discovery phase. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Deseniption UC-01 PremierOne user can submit a transaction from a form and view the responses. UC-02 PremierOne user can submit a transaction from a command line and view the responses. UC-03 PremierOne user can submit a transaction using the data in an incident and view the responses. UC-04 PremierOne user can incorporate details from a response into an incident. PremierOneTm Suite-State Query Interface 1-6 Interface Description Motorola Solutions Confidential Restricted Page 627 'of 1066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between Premier0ne Suite and the State Message Switch,over the Customer Enterprise Network,using TCP protocol. The connection needs to meet the State's security requirements 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. CommSys ConnectCIC logs query errors and parsing issues to the ConnectCIC log file on the PremierOne application server. 2.3 SECURITY User access to the query forms are managed by user roles in Premier0ne. Users need to be certified according to the State requirements and have a valid user account to access the State system.Devices used to submit queries must also meet the State security requirements. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. The query response is dependent on the State connection and response time of the data sources.Query response is displayed as it is received from the external data source. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for Premier0ne Suite. Availability of queries on the Disaster Recovery(DR)server is dependent on the connectivity to the State, additional connection and equipment might be required to establish this connection. PremierOne*M Suite-State Query Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 628 of 1066 Interface Specification Document 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the Interface or Customer Enterprise Network,which might affect the Interface. Customer is responsible for contacting Motorola Solutions when State changes the parameters or the response formats of the queries. Customer is responsible for maintaining user credentials,ORIs and Mnemonics as required by the State. PremierOn6m Suite-State Query Interface 2-2 Operational Considerations Motorola Solutions Confidential Restricted Page 629 of 1066 SECTION 3 Interface Specification Document STATEMENT WOR� 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment.This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding transaction types,query criteria,and response transformation. b) Implement the.Interface for six forms with basic response formatting and two response types per request. c) Provide the transactions identified during the ISD review session. d) Provide the response parsing identified during the ISD review session. e) Provide eight hours of training and support for the Customer to provision additional queries. f) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. g) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate.in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) The customer's third-party system must be on a version supported by the customer third party. Customer will procure any required upgrades. e) Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. f) Provide Users,Originating Agency Identifiers(ORIS)and Device Identifier(Mnemonics)for each device as required by the State. PremierOnerM Suite-State Query Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 630 of 1066 Interface Specification Document g) Assist with provisioning Query Forms,Hot Hits,Pick Lists and Response Formats. h) Witness the functional demonstration of the Interface. i) Protect the Enterprise Network against unauthorized access. j) Provide secure connections between Premier0ne and the Interface. k) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. 1) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 303 IMPLEMENTATION PLAN Table 3-1.Implementation Plan OwnerTask Establish network connectivity between PremierOne and the State Customer Message Switch Provide PremierOne to State Query documentation Motorola Solutions Procure ConnectCIC Transactions and Licenses from CommSys Motorola Solutions Install and configure ConnectCIC on PremierOne servers Motorola Solutions Configure CSI component for the Interface on PremierOne servers Motorola Solutions Load Query Metadata in PremierOne Motorola Solutions Configure Query Interface in PremierOne Motorola Solutions Provision Query Request Form in PremierOne Motorola Solutions/Customer Configure Query Response in PremierOne for Workstation and Mobile Motorola Solutions/Customer Provision user roles to access query in PremierOne Customer Provision ORI,Mnemonic,State User Id in PremierOne Customer Test State connection Customer PremierOnOm Suite-State Query Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 631 of 1066 Wo MOTOROLA SOLUTIONS ■ remiePrOne CAD TM Outbound FRMS INTERFACE SPECIFICATION DOCUMENT Version1.1.1 The design,technical,pricing,and other information("Information')fiunished 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 632 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-3 1.4 Business Process............................................................................................................................... 1-4 1.5 User Experience................................................................................................................................ 1-4 1.6 Use Case........................................................................................................................................... 1-5 Section 2 OperationalConsiderations................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOn6rm CAD-Outbound FRMS Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 633 of 1066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTI®N This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne- CAD Outbound FRMS Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne CAD to provide incident data related to the fire-incidents to the third- party FRMS system. The PremierOne CAD system is set up to post transactional updates to the RDW database within 30 seconds. The PremierOne Common Services Interface(CSI)will be scheduled to extract the required data from PremierOne CAD RDW. The CSI service can provide the data in a file format,update the external system database directly or call an Application Programming Interface(API) published by the third-party FRMS system. The CSI service has built-in connectors for Open Database Connectivity(ODBC),File Transfer Protocol(FTP),Secure File Transfer Protocol(SFTP),REST Web Service and Transmission Control Protocol(TCP)connection. Figure 1-1 shows the connectivity and primary data flow across the system. In the file extract option,the CSI service will upload the data file to the FRMS File Server. The third- party FRMS system would monitor the FRMS File Server and import the PremierOne data.The CSI service can provide the data as fixed or delimited records or as XML messages. PremierOn6m CAD-Outbound FRMS Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 634 of 1066 Interface Specification Document Kemi*eeone-OAD- Premi4 he-CAD.S6rver 0"MmierOna CAD D .1 Piemib�bneb-Ab� J C- Services I ,,9TT?p - ... .�11 — rlliiter{ace.. I' `(kportingbW), Figure 1-1.File Extract Interface Diagram In the database update option,the CSI service can be configured to call a stored procedure provided by the third-party FRMS system,to insert PremierOne data into the third-party FRMS system database. P F,T.0.,ie One-CAD.-- , 'Pr.paer Qhel CAD`Server PremibfOne ird-Party-FRW§ cam- L 10 RDW Mon�q*psSytemrfJatitase in6 Re po ngDW Sia re Procedure).11 Figure 1-2.Database Update Interface Diagram PremierOnc7m CAD-Outbound FRMS Interface 1-2 Interface Description Motorola Solutions Confidential Restricted a Page 635 of 1066 Interface Specification Document Premier -AD :Client ; - f 'PrertiierOne'CAD Server ` ti Premie�One MCAD i � J _ 1' L?remierOne GAl7 + gammon Services Tliird=Party:FRMS' RDW .. - (UJrafi tiCAD) Irite fdce:: Systein.'APP ff Re orUn Dull } 4 P g' ) ! z Figure 1-3.API Call Interface Diagram The Interface provides data from PremierOne CAD Views W_*Views)and is based on the new,update or closed incident triggering criteria. Premier0ne can also be configured to trigger the data extract based on specific agency,incident type,response type,priority or alarm level.The Interface only provides the current snapshot of the incident. Any additional data elements,data transformation or formatting requirements or triggering criteria beyond this will be gathered during the ISD review and provided to the Customer as a change order for Customer consideration. 1.3 DATA EXCHANGE The Premier0ne CSI service will manage the data extraction and transfer process. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOnePremierOne Common OremierOne FRMS File Thinwarty CAD Coitin P 9D AD RDW 'Services. CAD Client Server: FRMS System �nrfiedCAD" e Interface - N ). I I I I I I -----Data 111,I I I I I I I Data I I r—B?iact Data—OI I I I I 1--upload Data Fle—*I I I I I I I mport�a I I I I I �I �—� I I I I I I I I I I I I Figure 1-4.File Extract Data Flow Diagram PremierOn6m CAD-Outbound FRMS Interface ® Motorola Solutions Confidential Restricted Interface Description 1-3 Page 636 of 1066 Interface Specification Document PremierOne PremierOne PremierOne Common Third-Party CAD Client CAD CAD RDW Services FRMS System (UnifiedCAD) (ReportingDW) Interface Database I I I I I l I I I I Data --Data I I I I ! Data �I I I I Extract Data—►I I � Call I I I Stored Procedure—*! ! I I I I ! I I I ! ! I ! I 1 Figure 1-5.Database Update Data Flow Diagram PremierOne PremierOne Common PremierOne CAD CAD RDW Services Third-Party CAD Client (Un'rfiedCAD) (ReportingDW) Interface FRMS System I I I I 1 I I I I 1 Data —Data I I I I I Data ! I F—Bdract Data 10 ! ! I allAR ! I I I I ! I I I I ! I I I ! ! I I I ! Figure 1-6.API Call Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE The data transfer occurs in the background and is transparent to PremierOne CAD user. Third-party FRMS system users may view the information in their application. PremierOnr"CAD-Outbound FRMS Interface 1-4 Interface Description Motorola Solutions Confidential Restricted Page 637 of 1066 1.6 USE CASES Interface Specification Document Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Description UC-01 PremierOne system can export incident data. PremierOndm CAD-Outbound FRMS Interface ® Motorola Solutions Confidential Restricted Interface Description 1-5 Page 638 of 1066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between Premier0ne CAD and either the third-party FRMS system or the FRMS File Server,over the Customer Enterprise Network. Connectors supported by Premier0ne are ODBC,FTP,SFTP,REST Web Service and TCP. 2®2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the Premier0ne database. 2.3 SECURITY For the file extract solution,a Windows Service Account with read/write access to the FRMS File Server will be created for PremierOne CAD and the third-party FRMS system. Access needs to be provided to the third party FRMS system API or Stored Procedure. For the database update solution,a SQL account will be created for PremierOne CAD with access to the Stored Procedure in the third-party FRMS system database. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. PremierOne CAD is setup to post transactional updates to the RDW database within 30 seconds. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne CAD. There is only one Premier0ne CAD RDW server and hence it is not setup for high availability. If available,the PremierOne recovery servers will be setup to access the FRMS File Server or the third- party FRMS system for the Interface. PremierOn6m CAD-Outbound FRMS Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 639 of 1066 Interface Specification Document 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the third-party FRMS system or Customer Enterprise Network,which might affect the Interface. Customer is responsible for keeping the reference data synchronized between PremielOne and the third- party FRMS system. Customer is responsible for regularly purging data and files from the servers and maintaining optimal system performance. PremierOneTm CAD-Outbound FRMS Interface 2-2 Operational Considerations Motorola Solutions Confidential Restricted Page 640 of 1066 SECTION 3 Interface Specification Document STATEMENT F ® K 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the connector type,connection details,data elements and triggering criteria. b) Provide Customer with the PremierOne CAD-FRMS Integration Workbook template to capture the system mapping. c) Implement the Interface. d) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. e) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Provide updated PremierOne CAD-FRMS Integration Workbook and filter criteria list(agency, incident type,status)document for the data extract. c) Familiarize themselves with this ISD. d) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. e) Provide the external database driver to enable ODBC connection,if required. f) Procure all customer third-party licenses and API documentation,as required. g) The customer's third party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. h) Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. PremierOn6m CAD-Outbound FRMS Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 641 of 1066 Interface Specification Document i) Witness the functional demonstration of the Interface. j) Protect the Enterprise Network against unauthorized access. k) Provide secure connections between Premier0ne and the third-party FRMS system. 1) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. m) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATI®N PLAN Table 3-1.Implementation Plan Provide FRMS File Server. Customer Provide PremierOne Service Account read/write privilege to the FRMS Customer File Server. Provide Windows Service Accounts with read/write privilege to the FRMS Customer File Server for the third-party FRMS system. Establish network connectivity between Premier0ne,CAD and the FRMS Customer File Server. Establish network connectivity between third party FRMS system and the Customer FRMS File Server. Develop and install CSI component to extract and transfer PremierOne Motorola Solutions CAD data. Configure the Interface in Premier0ne. Motorola Solutions Configure third party FRMS system to consume PremierOne CAD data. Customer PremierOneTM CAD-Outbound FRMS Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 642 of 1066 MOTOROLA SOLUTIONS TIS rem'ie neRecords - State Submission n e ace INTERFACE SPECIFICATION DOCUMENT Version1.1.1 The design,technical,pricing,and other information("Information")famished 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 643 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction..........................................................................................:............................................ 1-1 1.2 Interface Overview........................................................................................................................... 1-1 Interface Specification Document PremierOn6m Records-State Submission Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 644 of 1066 <CUSTOMER NAME> Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1,1 INTRODUCTI®N This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne Records-State Submission Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows Premier0ne users to submit transactions to State and Federal systems,via the State Message Switch'. Furthermore,the Interface will only support submissions(enter,modify,clear). The State Message Switch provides links to state systems like Department of Motor Vehicles(DMV)and national law enforcement systems like National Crime Information Center(NCIC). The Interface only allows submissions to the state. The submissions are processed and sent to the state using CommSys. CommSys will send the submission to the state and process the return. The return will indicate either a verification or a fail. The information from the response will be returned to the query screen in Records and added to the NLETS document that was used to capture the initial submission. This information will be tracked as part of the'history'of the submission. Any modifications and/or clears that need to be made will be made by opening the original NLETS document in Records,changing the transaction type,modifying the information,saving and closing the document,then going up to the query window and,using the control number,pulling up the data and clicking the submission link. Figure 1-1 shows the connectivity and primary data flow across the system. 'In some cases,PremierOne may connect to a County Message Switch,rather than connect directly to the State Message Switch.The specific connection will be identified in the Statement of Work. PremierOn6m Records-State Submission Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 645 of 1066 Interface Specification Document <CUSTOMER NAME> PremierOne_Client - - - _ - _ -_ -PremlaroneServlcesHub i ' _-------------------------------- PremierOrie Service V Query Service ery Request r PremierOna Reoords Client i / ------------------- CommonServioes ! CammSys County/State l Inmrface(CSI) CannectClC I~-� Message Switch 1 Sr Messaging Service uery.Reverm ------------------------ -------- i State8Natonal Systems Figure 1-1.State Submission Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. 1.3 IMPLEMENTATION Motorola Responsibilities 1. Deliver the FL IBR reporting capability or develop the state layer reporting capability. 2. Collaborate with the Customer to understand any provisioning parameters that may be or are impacting FL IBR submission acceptance in the event of an initial failed-submission. 3. Modify the state layer to account for any requirements necessary to be compliant withstate specific reporting requirements,as required by the State,and upon receipt of anofficial state communication. Customer Responsibilities 1. Serve as the intermediary between Motorola and the State in clarifying reportingrequirements between state requirements and PremierOne Records state layer submission functionality. 2. Facilitate any required meetings between Motorola and the State. 3. Initiate an IBR submission to the State. 4. Resolve any provisioning issues affecting State submission acceptance. 5. In the event of a failed submission: A. Communicate the discrepancy in reporting requirement to the State. B. Obtain an official state communication clearly articulating the State's requirement. C. Forward a copy of the official state communication to Motorola. PremierOndm Records-State Submission Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 646 of 1066 ® MOTOROLA SOLUTIONS ® PiumierOneTmRecords - Data yew Interface INTERFACE SPECIFICATION „ Version1.1.1 The design,technical,pricing,and other information C'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.©2021 Motorola Solutions,Inc.All rights reserved. Page 647 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange................................................................................................................................... 1-2 1.4 Business Process............................................................................................................................... 1-2 1.5 User Experience................................................................................................................................ 1-2 1.6 Use Cases.......................................................................................................................................... 1-2 Section 2 OperationalConsiderations.................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-2 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremierOnigm Records-Data View Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 648 of 1066 SECTION 1 Interface Specification Document INTERFACE , DESCRIPTION 1.1 INTRODUCTI®N This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne Records Data View Interface(Interface)and the scope of work involved in delivering this Interface. P g Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows third-party systems to retrieve information from PremierOne Records RDW. PremierOne is setup to post transactional updates from Records to the RDW database within 30 seconds. Standard SQL Views are available in PremierOne Records RDW;a SQL account with read-only access to these Views will be created for the third-party system. The third-party system can retrieve PremierOne data using a SQL connection. Figure 1-1 shows the connectivity and primary data flow across the system. PrenrierOne Records Client PremierOne-Records Server Prerriier0ne Records) +/PremierOne Records (DHStore) �0 RDW 10 Third-Party System (DHStoreAnaiysis) Figure 1-1.Data View Interface Diagram The Interface will not transform or format the PremierOne data. Information required for installation, configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOn6m Records-Data View Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 649 of 1066 Interface Specification Document 1.3 DATA EXCHANGE The Third-Party System will have access to data via SQL Views in Premier0ne Records RDW database (DHStoreAnalysis). The data flow diagram captures the events,triggers and message exchange between the systems. LR rone Premierone PremierOne Third-Party remieRecords Records RDW cords Client (DHStore) (DHStoreAnalysis) System I I I I rData. Bpi I I I I Data 10 I I I I Data I I I [-(SQLView) I I I I I I I I I I I I Figure 1-2.Data View Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE The data transfer occurs in the background and is transparent to PremierOne Records user.Third-party system users may view the information in their application. Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Use Cases Description UC-01 Third-Party System can query Premierone Records RDW. PremierOner"Records-Data View Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 650 of 1066 I� Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between SQL instance of PremierOne Records RDW and the Data View Interface over the Customer Enterprise Network. 2.2 EXCEPTION HANDLING AND LOGGING Premier0ne exceptions are logged in both the Windows Event Log on the application server and the Premier0ne database. Access and SQL errors will be logged in the SQL Server Error Log in PremierOne Records RDW;no other errors are expected in Premier0ne Records. 2.3 SECURITY A SQL account with read-only access to the required Views in PremierOne Records RDW will be created for the third-party system. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. The transfer of data from Premier0ne production database to the PremierOne RDW is scheduled to run every 30 seconds. The transfer process only takes a couple of seconds under normal load condition.Analysis of prior Premier0ne deployments shows that data arrives at the RDW in less than 60 seconds from the event occurring in Records. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne Records. The PremierOne RDW is not setup for high availability,and will likely be down during maintenance and upgrades,however,these are planned events. There is also a slight risk of a database failure,which will impact all interfaces that rely on RDW data. The connection string in the third-party system should point to the recovery servers,if PremierOne is switched to the recovery servers. PremierOn6m Records-Data View Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 651 of 1066 Interface Specification Document 2.6 SYSTEM ADMINISTIZATI®N Customer is responsible for contacting Motorola Solutions when changes occur in the Customer sP g g Enterprise Network,which might affect the Interface. IIS PremierOnem Records-Data View Interface 2-2 Operational Considerations Motorola Solutions Confidential Restricted Page 652 of 1066 II SECTION 3 Interface Specification Document STATEMENT WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding Data View Interface. b) Implement the Interface. c) Review third-party system queries to PremierOne Records RDW,prior to implementation. d) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. e) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Procure all customer third-party licenses and API documentation,as required. e) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. f) Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. g) Witness the functional demonstration of the Interface. h) Protect the Enterprise Network against unauthorized access. i) Provide secure connections between PremierOne and Data View Interface. PremierOn6lm Records-Data View Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 653 of 1066 Interface Specification Document j) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. k) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan 1 i Provide PremierOne Records RDW Data Dictionary documentation. Motorola Solutions Provide PremierOne Records RDW connection information. Motorola Solutions Establish network connectivity between PremierOne Records RDW and Customer the third party system. Provide filter criteria for PremierOne Records RDW View-Agency, Customer Module. Apply filter criteria on the standard views in PremierOne Records RDW. Motorola Solutions Configure the third-party system to query and consume PremierOne Customer/third-party system Records RDW data. vendor PremierOnem Records-Data View Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 654 of 1066 MOTOROLA SOLUTIONS ' T ' rem lePrOne a iew Interface INTERFACE i DOCUMENT Versi®n 1.1 .1 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 655 of 1066 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-2 1.5 User Experience................................................................................................................................ 1-2 1.6 Use Cases.......................................................................................................................................... 1-2 Section 2 OperationalConsiderations................................................................................................................................2-1 2.1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document PremicrOn6m CAD Data View Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 656 of 1066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of Premier0ne CAD Data View Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows third-party systems to retrieve information from Premier0ne CAD RDW. PremierOne is setup to post transactional updates from CAD to the RDW database within 30 seconds. Standard SQL Views are available in PremierOne CAD RDW. A SQL account with read-only access to these views will be created for the third-party system. The third-party system can retrieve PremierOne data using a SQL connection. Figure 1-1 shows the connectivity and primary data flow across the system. ,��eniiert)ne:Oi�U (pliant F'��IiiiO'rQn�GAS:S�rvtya� Pr >p 3ne Ctiu i f ?fanai ;iE3n�'t%F1Iq {p1N` fairii-Pa prqedOADY stiaa�a: (E�eptartingOV11). ,� , Figure 1-1.Data View Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOn6m CAD Data View Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 657 of 1066 Interface specification Document 1.3 DATAEXCHANGE The third-party system will have access to data via SQL Views(NW_*)in PremierOne CAD RDW database(ReportingDW). The PremierOne CAD RDW Data Dictionary will provide details about the standard views. The data flow diagram captures the events,triggers and message exchange between the systems. -Patii��{�n� Pterii�rt7:ne: Premit3it)iie:' • Ttierd�a,rly :G'� CA AD. 4 ;R 17W eADro�t - , .syg _ (UreifeiiCAD) (REpdgag1V) . Figure 1-2.Data View Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE The data transfer occurs in the background and is transparent to PremierOne CAD user. Third-party system users may view the information in their application. Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Use Ca-ses Description UC-01 Thir arty system can query PremierOne CAD RDW. PremierOnerM CAD Data View Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 658 of 1066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between SQL instance of Premier0ne CAD RDW and the third-party system,over the Customer Enterprise Network. 2.2 EXCEPTION HANDLING AND LOGGING PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. 2.3 SECURITY A SQL account with read-only access to the required Views in PremierOne CAD RDW will be created for the third-party system. Customer is responsible for ensuring the data is encrypted and protected during transfer,and the Customer Enterprise Network is protected against unauthorized access. 2.4 PE"ORMANCE None. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for Premier0ne CAD. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in the PremierOne CAD Data View or Customer Enterprise Network,which might affect the Interface. PremierOn6m CAD Data View Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 659 of 1066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the connection details,data element and filter criteria list(agency,incident type,status). b) Implement the Interface. c) Review third-party system queries to Premier0ne CAD RDW,prior to implementation. d) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. e) Conduct functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. e) Witness the functional demonstration of the Interface. f) Protect the Enterprise Network against unauthorized access. g) Provide secure connections between PremierOne and Data View Interface. h) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. PremierOn6m CAD Data View Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 660 of 1066 i Interface Specification Document i) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATION PLAN Table 3-1.Implementation Plan Provide PremierOne CAD RDW Data Dictionary documentation Motorola Solutions Provide PremierOne CAD RDW connection information. Motorola Solutions Establish network connectivity between PremierOne CAD RDW and the Customer third-party system. Provide filter criteria for PremierOne CAD RDW View-Agency, Customer Incident Type,Status. Apply filter criteria on the standard Views in PremierOne CAD RDW. Motorola Solutions Configure the third party system to query and consume PremierOne Customer/third-party system CAD RDW data. Vendor i i I PremierOnerm CAD Data View Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 661 of 1066 ® MOTOROLA SOLUTIONS TM Prem'ierOne W PowerPhone CACH Interface SPECIFICATIONINTERFACE DOCUMENT Version1.1.1 The design,technical,pricing,and other information("Information')famished 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 662 of 1066 TABLE OF CONTENTS Section 1 1.1 Introduction 1.2 Interface Overview 1.3 Data Exchange 1.4 Business Process 1.5 User Experience 1.5.1 Start Call Record 1.5.2 Update Information 1.5.3 Dispatch Recommendation 1.5.4 Release Call 1.5.5 Open Released Call 1.5.6 Close Call 1.6 Use Cases Section 2 2.1 Connectivity 2.2 Exception Handling and Logging 2.3 Security 2.4 Performance 2.5 High Availability and Disaster Recovery 2.6 System Administration Section 3 3.1 General 3.2 Overview 3.3 Responsibilities 3.4 Implementation Plan Interface Specification Document PremierOn6rm CAD-PowerPhone CACH Interface ® Motorola Solutions Confidential Restricted Table of Contents 1 Page 663 of 1066 Interface Specification Document SECTION 1 INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne CAD PowerPhone CACH Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface integrates the PowerPhone CACH system with the PremierOne CAD Client enabling the exchange of information between the two systems. The CACH User Interface(UI)guides the Call Taker through the call taking process with questions based upon the agency's Standard Operating Procedure(SOP). Data collected in the CACH UI can be sent to the PremierOne CAD Client. Data collected in the PremierOne CAD Client can be sent to CACH. The PremierOne Client and CACH run concurrently on the client workstation. Figure 1-1 shows the connectivity and primary data flow across the system. Prem ieidne:.C,AD Workstation PowerPhone Prem;+er,Oie CA Figure Figure 1-1.PowerPhone CACH Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. 1.3 DATA EXCHANGE Incident information is exchanged between the PremierOne CAD Client and the PowerPhone CACH application. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne'm CAD-PowerPhone CACH Interface ® Motorola Solutions Confidential Restricted Interface Description 1 Page 664 of 1066 Interface Specification Document PowerPhone- Premierone CAD .CACH' iaierit I Additional Update A I fnc'ident Data Figure 1-2.PowerPhone CACH Data Flow Diagram 1.4 BUSINESS PROCESS The customer will need to determine how its SOP is applied to PowerPhone CACH and how a Call Taker uses CACH. The CAD Client only supports CACH from the Incident Initiate form(11 command) and the Incident Management form(IU command). Incidents will be initiated in the CAD Client first. Information will then be sent to CACH. During the incident,information can be exchanged between the CAD Client and CACH in either direction,depending on the specific fields PowerPhone CACH must be running in the Windows background on the PremierOne CAD Client workstation in order to interface successfully. The user experience in the PowerPhone CACH UI is out of the scope of this document. Evoking CACH from the CAD Client is accomplished via any of the control key sequences CNTRL- ALT-L, CNTRL-ALT-F or CNTRL-ALT-M or via the Police,Fire or Medical Utility Menu options. All control key sequences and Utility Menu options have the same result since CACH has one entry point. The supported call taking scenarios are described in the following subsections. 1.5.1 Start Call Record After the Call Taker has answered a 911 call and initiated the incident on PremierOne CAD,the Call Taker evokes CACH. The location information, caller information,incident type and modifying PremierOn6rm CAD-PowerPhone CACH Interface 2 Interface Description Motorola Solutions Confidential Restricted Page 665 of 1066 Interface Specification Document circumstances(if provided by the Call Taker)are passed to CACH. Note:the PremierOne incident type and modifying circumstances are mapped to the CACH incident type. If the incident type and modifying circumstances are not provided,the Call Taker will select a CACH protocol. If the incident type and modifying circumstances were provided,the appropriate CACH protocol will automatically be selected for the Call Taker. 1.5.2 Update Information The Call Taker can update information in PremierOne CAD or in CACH. In either case,-information is passed from one application to the other,per the information. The CACH Call Script is added to the incident comments and the CACH Call Log will be added to the Q&A tab in PremierOne CAD. 1.5.3 Dispatch Recommendation When the Call Taker follows the CACH call handling protocol,a dispatch recommendation will be made by CACH. The Call Taker can either accept or reject the dispatch recommendation in CACH. If the Call Taker accepts the dispatch recommendation,the dispatch information will be sent to PremierOne CAD and processed as follows by PremierOne CAD: • The CACH Incident Type with the highest risk/priority will be mapped to the PremierOne Incident Type and Modifying Circumstances fields. All remaining CACH Incident Types and their associated risk/priority values will be placed in the incident's Q&A tab. • The recommended responder skills and their associated risk/priority values will be placed in the Q&A tab. • The CACH Call Script will be added to the incident comments. • The CACH Call Log will be added to the Q&A tab. If the Call Taker refuses the dispatch recommendation,the dispatch information will be sent to PremierOne CAD and processed as follows by PremierOne CAD: • All CACH Incident Types and their associated risk/priority values will be placed in the Q&A tab. • The recommended responder skills and their associated risk/priority values will be placed in the Q&A tab. • The CACH Call Script will be added to the incident comments. • The CACH Call Log will be added to the Q&A tab. 1.5.4 Release Call CACH notifies PremierOne CAD when the call has been released. The CACH Call Script will be added to the incident comments and the CACH Call Log will be added to the Q&A tab in PremierOne CAD. PremierOnerM CAD=PowerPhone CACH Interface ® Motorola Solutions Confidential Restricted Interface Description 3 Page 666 of 1066 Interface Specification Document 1.5.5 Open Released Call The Call Taker may start the process of opening a released call from either CACH or the CAD Client. To open a released call from CACH,the Call Taker selects a call record from the CACH list. CACH passes the Record ID to PremierOne CAD. PremierOne CAD will open the corresponding CAD incident in an IU form in the active Work Area. If the active Work Area has something displayed,the IU form will be displayed in the next clear Work Area and that Work Area will be made active. If no Work Area is clear,a dialog box will display which will require the user to clear a Work Area and the press OK to proceed. If the user fails to clear a Work Area,the dialog box will continue to display until there is an available Work Area. To open a released call from PremierOne CAD,the Call Taker displays a CAD incident in PremierOne CAD. The Call Taker evokes CACH.PremierOne CAD will pass the Record ID to CACH and CACH will open the corresponding'call. 1.5.6 Close Call CACH notifies PremierOne CAD when the Call Taker closes the CACH call within CACH. CACH will send updates to the CACH Call Script and CACH Call Log to PremierOne CAD. PremierOne CAD adds the Call Script updates to the incident comments and the Call Log updates are added to the Q&A tab. 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface. They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Ga e �ese i 'o UC-01 PremierOne user can evoke CACH via the Utilities menu. UC-02 PremierOne user can evoke CACH via shortcut keys. UC-03 PremierOne System can send data to CACH. UC-04 PremierOne System can receive data from CACH. UC-05 PremierOne user can view the information received from CACH in the incident comments and Q&A tab. PremierOnOm CAD-PowerPhone CACH Interface 4 Interface Description Motorola Solutions Cor fdential Restricted Page 667 of 1066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to.be established between PremierOne CAD and the Interface,over the Customer Enterprise Network. The PowerPhone CACH application will be installed on the same workstation as the PremierOne CAD Client. 2.2 EXCEPTION HANDLING AND LOGGING - PremierOne exceptions are logged in both the Windows Event Log on the application server and the PremierOne database. 2.3 SECURITY There are no additional security requirements for the Interface,beyond the standard implementation for PremierOne CAD. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for PremierOne CAD. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in PowerPhone CACH Interface or Customer Enterprise Network,which might affect the Interface. Customer is responsible for keeping the reference data synchronized between PremierOne and PowerPhone CACH Interface system. PremiecOne m CAD-PowerPhone CACH Interface ® Motorola Solutions Confidential Restricted Operational Considerations 1 Page 668 of 1066 Interface Specification Document SECTION 3 STATEMENT OF WORK 3.1 GENERAL The following Statement of Work(SOW)defines the scope of work involved in delivering an interface between {THIRD PARTY SYSTEM NAME} and the {Customer}'s("Customer") PremierOne {CAD/Mobile/Records} System.This document includes the responsibilities of Motorola and the Customer. 3.2 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer,during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.3 RESPONSIBILTI'IES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain reference data and verify the data mapping. b) Implement the Interface and configure it on a single PremierOne CAD Client workstation. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Coordinate with PowerPhone to identify and obtain required specifications,licenses or product upgrades required to support the Interface. PremierOne m CAD-PowerPhone CACH Interface ® Motorola Solutions Confidential Restricted Statement of Work 1 Page 669 of 1066 i Interface Specification Document e) The customer's third-party system must be on a version supported by the customer third- party. Customer will procure any required upgrades. fl Coordinate Customer third-party involvement with the implementation and testing of the Interface,as required. g) Witness the functional demonstration of the Interface. h) Protect the Enterprise Network against unauthorized access. i) Provide secure connections between PremierOne and the Interface. j) Manage customer third-party responsibilities to completion,as applicable,enabling-Motorola Solutions to complete its responsibilities. k) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.4 IMPLEMENTATI®N PLAN Table 3-1.Implementation Plan O ne Provision reference data in PremierOne CAD. Customer Provision reference data in PowerPhone CACH. Customer Provision the Interface in PremierOne CAD. Motorola Solutions Install the PowerPhone CACH application on the PremierOne CAD Customer Client workstations. Configure the PowerPhone CACH application to provide data to the Customer/PowerPhone PremierOne CAD Client and consume data from the CAD Client: Provide a PowerPhone CACH installed PremierOne CAD Client Customer workstation for testing. PremierOnOm CAD-PowerPhone CACH Interface 2 Statement of Work Motorola Solutions Confidential Restricted Page 670 of 1066 ® MOTOROLA SOLUTIONS remiePrOne CAD TM Tear N Run n e ace INTERFACE SPECIFICATION „ Version1.1 .1 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 fidlest 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.©2021 Motorola Solutions,Inc.All rights reserved. Page 671 of 1066 9 TABLE OF CONTENTS Section 1 InterfaceDescription.......................................................................................................................................... 1-1 1.1 Introduction....................................................................................................................................... 1-1 1.2 Interface Overview........................................................................................................................... 1-1 1.3 Data Exchange.................................................................................................................................. 1-2 1.4 Business Process............................................................................................................................... 1-2 1.5 User Experience................................................................................................................................ 1-2 1.6 Use Cases.......................................................................................................................................... 1-4 Section 2 Operational Considerations................................................................................................................................2-1 2:1 Connectivity......................................................................................................................................2-1 2.2 Exception Handling and Logging.....................................................................................................2-1 2.3 Security.............................................................................................................................................2-1 2.4 Performance......................................................................................................................................2-1 2.5 High Availability and Disaster Recovery.........................................................................................2-1 2.6 System Administration.....................................................................................................................2-1 Section 3 Statementof Work.............................................................................................................................................3-1 3.1 Overview...........................................................................................................................................3-1 3.2 Responsibilities.................................................................................................................................3-1 3.3 Implementation Plan.........................................................................................................................3-2 Interface Specification Document Premier0n6m CAD-Tear N Run Interface ® Motorola Solutions Confidential Restricted Table of Contents i Page 672 of 1066 SECTION 1 Interface Specification Document INTERFACE DESCRIPTION 1.1 INTRODUCTION This Interface Specification Document(ISD)provides a description of the capabilities of PremierOne CAD Tear N Run Interface(Interface)and the scope of work involved in delivering this Interface. Motorola Solutions will deploy the Interface and verify the functionality described in this ISD. If Customer desires any changes to this ISD scope,those changes can be addressed via the change provision of the contract. 1.2 INTERFACE OVERVIEW The Interface allows PremierOne CAD to send incident information to the printers configured on the PremierOne servers. The printers are setup through Windows Print Services on each of the PremierOne CAD application servers,and associated to units in the Premier0ne CAD system. The PremierOne CAD Alerting service will print the configured Tear N Run report with incident information,based on manual user request or the alerting scheme provisioned in PremierOne CAD. Figure 1-1 shows the connectivity and primary data flow across the system. _4e_mier6et6-bA6: 4Premie bne,c b.Server UVintlQws Fruit :?iemierOrie.CAD. 1----► Service; 1?ru3er Figure 1-1.Tear N Run Interface Diagram Information required for installation,configuration,test and support purposes regarding this Interface will be gathered during the ISD review. PremierOn6m CAD-Tear N Run Interface ® Motorola Solutions Confidential Restricted Interface Description 1-1 Page 673 of 1066 Interface Specification Document 1.3 DATA EXCHANGE The PremierOne CAD Alerting service generates the Tear N Run report and manages the print request. The PremierOne system cannot handle any messages or pop-ups from the printer. The data flow diagram captures the events,triggers and message exchange between the systems. PremierOne PremierOne Windows Print printer CAD.Clierit CAD Server Service I I I I Dispatch Unit./ r.---- Manual Pont I I--Print Request----OJ I Print-P-1 I I I I I I I I Figure 1-2.Tear N Run Data Flow Diagram 1.4 BUSINESS PROCESS None. 1.5 USER EXPERIENCE PremierOne CAD can be provisioned to automatically print the Tear N Run report when units are dispatched,based on the alerting scheme. Prior to dispatching,PremierOne CAD user can manually override the printing in the Incident Dispatch form by clicking the Alerting button. PremierOneTM CAD-Tear N Run Interface 1-2 Interface Description Motorola Solutions Confidential Restricted Page 674 of 1066 Interface Specification Document conwe EddrVrorkAres U6tes Hey`- ,[;#04/24 �A CunsolesynchrbnizatioriwaspeAonned.V _ VdNidlet 'Wedne"sdayrR1ag 21;204',. '•�..Dg+ch:Un!i's unrd,+ssiPne..y^_ .-- s:n:d M1 = {A,i•::g, ].tHas'_1-r',( _ _ — 124 fl. qnl1vle.w m,+•n•+a aocrc agrLd st 0414052000D00024 1317:4705.262014: (Alerting Llsb T ype Vev, 'Status: .Airive -jricTYpe STRUCF i, _ i9 0,04/401(QS) I' "—-—`- Alaryn-0 n _Pdotity, T_. rv,Z26121(FSA) -- r 04IADASHISYSTEM(PR): JiOO Wt. 414 401 - :. = edi ldlselnafromt3ec=VNA 2-CH 9-EN 1-SII 2-TK E-cr 01414_(OSj GaP� [)nits. -AAi "9311303 "t EN 417 _ .421 2212211; �• InfoRahal SII r-.416 - ' dal El i 4 TK'. 419 131]319. I( B 1+leM;ik Available r�--. R i,ht' 1,1o+ig Opllrie' -'T, 1 :bons[' ADIdNIS03 - ia. Jjper slu Preempt. FT! =F; Role: 6DAdT:,. N', Envir Production -_--- -- -- _ . . . _ PjflF� j; 'Resel.�rF--,)st.I.SJearAd_piil��_Respit,�_;�:&�il7d 9��"'1`, Cancet� Figure 1-3.Automated Print Sample Pr mi e AD can al th e erOn C user also a TN command or the Print form to manually print the Tear N Run report on the configured printers. Consgle Edd'j+yprkAmo JWh os yeti'-,J '.' to TNfoiinis;dlsPlayed - -- - r. 'Flidgy, PdntedAleq epterober09;2U17 , .2- " � IncllfenElD' c4 6ehd,IncldeFd liifo To Printei - - �, (nip Parrel. 'B: 1+161Wrk:5 Available' PA'2_ luloi(ei :Online 1214--2 G`onsl; _TRAIN-° Q User NC996 .y1r [�Gle f)19PATC.:: •Eiroir" P.roductjon, AN!/Ad: Figure 14.Manual Print Sample PremierOneTm CAD-Tear N Run Interface ® Motorola Solutions Confidential Restricted Interface Description 1-3 Page 675 of 1066 Interface Specification Document 1.6 USE CASES Use Cases describe specific user and system interactions provided by the Interface.They provide traceability for the Test Cases in the Interface Test Procedure. Table 1-1.Use Cases Description UC-01 PremierOne system can print Tear N Run report based on the alerting scheme. UC-02 PremierOne user can view list of pre-defined units that will receive the Tear N Run printout UC-03 PremierOne user can override the pre-defined Tear N Run printing. UC-04 PremierOne user can send manual Tear N Run print request PremierOn6rm CAD-Tear N Run Interface 14 Interface Description Motorola Solutions Confidential Restricted Page 676 of 1066 Interface Specification Document SECTION 2 OPERATIONAL CONSIDERATIONS 2.1 CONNECTIVITY Connectivity needs to be established between PremierOne CAD and the printers over the Customer Enterprise Network,using Windows Print Services. 2.2 EXCEPTION DANDLING AND LOGGING Premier0ne exceptions are logged in both the Windows Event Log on the application server and the Premier0ne database. 2.3 SECURITY There are no additional security requirements for the Interface,beyond the standard implementation for Premier0ne CAD. 2.4 PERFORMANCE There are no explicit performance requirements for the Interface. Printouts are expected to be received immediately after the units are dispatched. 2.5 HIGH AVAILABILITY AND DISASTER RECOVERY There are no additional High Availability or Disaster Recovery requirements for the Interface,beyond the standard implementation for Premier0ne CAD. The printers will be setup on all the Premier0ne CAD application servers. The Interface will be configured on the Premier0ne recovery servers,if one is available. 2.6 SYSTEM ADMINISTRATION Customer is responsible for contacting Motorola Solutions when changes occur in configured printers or Customer Enterprise Network,which might affect the Interface. New printers for the Interface will need to be added to all the PremierOne CAD application servers and provisioned in Premier0ne CAD. PremierOnOm CAD-Tear N Run Interface ® Motorola Solutions Confidential Restricted Operational Considerations 2-1 Page 677 of 1066 SECTION 3 Interface Specification Document STATEMENT OF WORK 3.1 OVERVIEW This section defines the principal activities and responsibilities of Motorola Solutions and the Customer, during the interface deployment. This Statement of Work provides understanding of the work required by all parties for the interface implementation. Motorola Solutions assumes no responsibility for training,installation,configuration,on-going support or warranty for any third-party systems and/or software not included as part of the contracted solution. 3.2 RESPONSIBILITIES Motorola Solutions Responsibilities a) Conduct an ISD review session with the Customer subject matter experts to obtain details regarding the Interface. b) Implement the Interface. c) Provide guidance on hardware,software and network connectivity that may be required of Customer to support the interface implementation use and maintenance,prior to implementation. d) Conduct a functional demonstration validating the Interface works in accordance with this ISD. Customer Responsibilities a) Participate in the ISD review session and provide details required for interface installation, configuration,test and support. b) Familiarize themselves with this ISD. c) Provide all hardware,software and network connectivity not specifically provided by Motorola Solutions,prior to implementation. d) Provide a functional printer and identify a station for testing the Interface. e) The customer's third-party system must be on a version supported by the customer third-party. Customer will procure any required upgrades. f) Witness the functional demonstration of the Interface. g) Protect the Enterprise Network against unauthorized access. h) Provide secure connections between Premier0ne and the Interface. i) Manage customer third-party responsibilities to completion,as applicable,enabling Motorola Solutions to complete its responsibilities. PremierOn6m CAD-Tear N Run Interface ® Motorola Solutions Confidential Restricted Statement of Work 3-1 Page 678 of 1066 Interface Specification Document j) Manage communication between Motorola Solutions and Customer third-party,enabling Motorola Solutions to complete its responsibilities. 3.3 IMPLEMENTATI®N PLAN Table 3-1.Implementation Plan Establish network connectivity between PremierOne CAD and the Customer printers. Determine Alerting Scheme. Motorola Solutions Provide data for Alerting Scheme-Agency,Incident Type,Station,Unit, Customer Printer. Add printers to the Windows Print Services on the PremierOne application Customer servers. Provision Printers in PremierOne CAD. Customer Configure the Tear N Run Report in PremierOne CAD. Motorola Solutions Provision the Alerting Scheme in PremierOne CAD. Motorola Solutions/Customer Identify Station and Printer for testing. Customer PremierOn6rm CAD-Tear N Run Interface 3-2 Statement of Work Motorola Solutions Confidential Restricted Page 679 of 1066 City of Boynton Beach FL December 9,2021 Hybrid Solution-CO-007 Change Order Exhibits 21-PS-124218!FLP191267A Section 8 Change Order CO-007 Form Change Order CO-007 Form follows this page. i i Change Order CO-007 Form ©MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 8-1 Page 680 of 1066 MOTOROLA SOLUTIONS CHANGE ORDER [007] Change Order No. 007 Date: 12/09/2021 Project Name: PremierOne Cloud Suite CAD,Records,Mobile Customer Name: City of Boynton Beach,FL Customer Project Mgr: Steven Christian Purpose of this Change: The purpose of this Change Order is to modify the current agreement/contract to reflect the Hybridsolution per the following attached documents: • System Description(SD) • Scope of Work(SOW) • Interface Specification Documents(ISDs) In addition to these changes this Change Order exhibit also represents a`zero dollar' scope change for the Hybrid solution,as noted in the above referenced documents,to deliver the described Hybrid PremierOne solution and Cloud migration entitlement. • Hybrid functionality and new Cloud Capabilities will be included in the change order,at no cost to Boynton Beach. Current work effort in Cloud will be used. The Cloud Capabilities suite and products are described in this Change Order. • Complete cloud migration(entitlement to adopt Cloud functionality,which replaces contracted on-premise functionality as it becomes available and meets the needs of users)will also be included in the change order,at no cost to Boynton Beach. The Hybrid solution for Boynton Beach includes Cloud migration entitlement.Boynton Beach will be entitled bparticipate in Cloud product(s)demonstrations and trials to validate product(s)functionality and how Boynton Beach's workflows and desired outcomes may be accomplished through Cloud product(s).New Cloud product(s),which provide features and benefits over and above the Hybrid on-premise contracted system will be reviewed with Boynton Beach and may be offered at an additional cost via Change Order. Motorola will demonstrate Cloud functionality at a mutually agreeable cadence for correlated product(s)(i.e.CAD,RMS,Mobile)and work with Boynton Beach to show Progress reports of how product(s)and service(s)are moving to native Cloud environments and operations. Motorola will assign a Customer Success Advocate(CSA)who will communicate roadmap updates with regular frequency(i.e.quarterly)and help educate Boynton Beach representatives on how these featurescould provide benefit and improve adoption and usage of the Cloud platform.The CSA will also capture customer feedback as part of our ongoing roadmap development to best understand and meet the needs of the industry. The initial release of Motorola's Cloud suite,known as Command Central Suite,was June 30, 2021 and subsequent feature releases planned at least twice annually to provide desirable functionality andperformance. Pae 1 of 4 Change_Order Form 04.2011.doc Page 681 of 1066 M07'014'OLA SOLUTIONS CHANGE ORDER [007] During the contract term,Boynton Beach and Motorola will work in good faith to mutually develop a migration schedule,training(train-the-trainer),and product(s)which suit the Boynton Beach's needs in the Cloud environment,including any agreed changes to maintenance,training,and other on-premises services set forth in the initial purchase no longer required as a result of the cloud migration.This agreement creates no obligation of Boynton Beach to pay additional amounts for above and beyond the costs agreed hereto, and in the event there are no acceptable,correlated Cloud product(s)available from Motorola,in whole or in part,Boynton Beach may remain in the on-premise"Hybrid"mode of operation. In the event that contracted products or functionality are discontinued and re-introduced in new product(s),Motorola will not charge an additional fee or cost for those new products, which are required to maintain correlated functionality.At its discretion,Motorola may continue to support discontinued pioducts in this Agreement,in lieu of new or replacement offerings,but this does not negate Motorola's responsibility to provide a correlated native- cloud system. Any activities already completed in the project thus far and noted in the attached SOW,will be reviewed and Motorola and Boynton Beach will determine which need to be revisited given the hybrid solution and may choose to condense or confirm completion of these activities as appropriate. Additional Terms for On-Premise Software System as a Service.The terms set forth in Paragraph 10of the Software Products Addendum—Additional Terms for On-Premise Software System as a Service apply in the event Customer purchases an on premise Software System as a service under this SPA. Transition to Subscription License Model.If the Parties mutually agree that any on-premises Subscription Software purchased under this SPA as part of an on-premises Software System as a service will be replaced with or upgraded to Subscription Software hosted in a data center,then uponsuch time which the Parties execute the applicable Ordering Document,(a) the licenses granted to such on-premises Subscription Software under the applicable Ordering Document will automaticallyterminate,(b)Customer and its Authorized Users will cease use of the applicable on-premises copiesof Subscription Software,and(c)the replacement hosted Subscription Software provided hereunder will be governed by the terms of the SSA and this SPA. Transition Fee.Motorola will not charge additional Fees for Services related to the transition to hosted Subscription Software,as described in Section 2.10.1—Transition to Subscription License Model.Notwithstanding the foregoing,subscription Fees for the applicable hosted Subscription Software are subject to the SSA and the applicable Ordering Document,and may be greater than Feespaid by Customer for on-premises Subscription Software. Software Decommissioning.Upon(a)transition of the on-premises Software System as a service to Subscription Software hosted in a data center or(b)any termination of the Subscription Software license for the on-premises Software System as a service,Motorola will have the right to enter Customer Sites and decommission the applicable on-premises Subscription Software that is installed at Customer's Site or on Customer-Provided Equipment.For clarity,Customer will retain the right touse Licensed Software that is firmware incorporated into Equipment purchased by Customer from Motorola and any Microsoft operating system Licensed Software. Page 2 of 4 Change_Order Form_04.2011.doc Page 682 of 1066 ME?rombL A SOLUTIONS CHANGE ORDER [007] Contract# FLP2191267A Contract Date: 06/25/2020 In accordance with the terms and conditions of the contract identified above between Boynton Beach,FL and Motorola Solutions,Inc.,the following changes are approved: Contract Price Adjustments Original Contract Value: $425,793.50 Previous Change Order amounts for Change Order numbers 001 through 006 $0 This Change Order: $0 New Contract Value: $425,793.50 Completion Date Adjustments Original Completion Date: 05/07/2021 Current Completion Date prior to this Change Order: 08/02/2021 New Completion Date: TBD -Chan es in Equipment: additions; deletions or modifications)Include attachments if needed See the attached System Description for details in equipment to be provided. Changes in Services: additions, deletions,or modifications)Include attachments if needed See the attached System Description, Statement of Work&Training Plan for Services to be delivered. Schedule Changes: (describe change or N/A TBD Pricing Changes: (describe change or N/A Total Change Order Costs $0 Customer Responsibilities: describe change or N/A See the attached System Description, Statement of Work&Training plan for Customer Responsibilities. Page 3 of 4 Change Order Form 04.2011.doc Page 683 of 1066 MOrOMOLA SOLUTIONS CHANGE ORDER [007] Payment Schedule for this Change Order: describe new payment terms applicable to this change order NA Unless amended above, all other terms and conditions of the Contract shall remain in full force. If there are any inconsistencies between the provisions of this Change Order and the provisions of the Contract,the provisions of this Change Order will prevail. IN WITNESS WHEREOF the parties have executed this Change Order as of the last date signed below. Motorola Solutions,Inc. Customer By: By: Printed Name: Daniel Sanchez Printed Name: /'of-/` LG Title: Territory Vice President Title: C;-- /q�t/I CJ---k- Date: Date: 3 -2c1/,2-2_ Reviewed by: Steven J. Christian Date: 12/06/2021 Motorola Solutions Project Manager APPROVED AS T® FORM i orney Page 4 of 4 Change Order Form 04.2011.doc Page 684 of 1066 6.1. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution R22-177 Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 100.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-178-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 102.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-179-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 107.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-180-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 109.4 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Proposed Resolution R22-181-Authorize the Mayor to sign the Subordination of Utility Easement Interests for Parcel 117.3 for the Florida Department of Transportation (FDOT) 1-95 and Boynton Beach Boulevard Interchange I mprovements project. Explanation of Request: The Florida Department of Transportation (FDOT) is planning improvements at the 1-95 and Boynton Beach Boulevard Interchange. FDOT acquired Parcels 100.4, 102.3, 107.4, 109.4, and 117.3, which currently contain utility easements dedicated to the City of Boynton Beach. FDOT is requesting that the City subordinate the utility easement interests to FDOT. The City will retain the right to construct, operate, and maintain utilities within the FDOT right-of-way, and a utility permit will be required if the City needs to perform future work within the FDOT right-of-way. Once the subordination is executed, FDOT will reimburse the City for any relocation of the utilities or other impacts that may arise due to FDOT's roadwork in the future. How will this affect city programs or services? There is no adverse impact to City programs or services. The City will retain access to the existing utilities, and there will be no impacts to the existing utilities as part of FDOT's project. Fiscal Impact: There is no fiscal impact to the City. Alternatives: Due to FDOT's requirements, there is no feasible alternative at this time. Strategic Plan: Strategic Plan Application: Page 685 of 1066 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving Subordination of Utility Easement Parcel 100.4 D Attachment Subordination for Parcel 100.4 D Resolution Resolution approving Subordination of Utility Easement Parcel 102.3 D Attachment Subordination for Parcel 102.3 D Resolution Resolution approving Subordination of Utility Easement Parcel 107.4 D Attachment Subordination for Parcel 107.4 D Resolution Resolution approving Subordination of Utility Easement Parcel 109.4 D Attachment Subordination for Parcel 109.4 D Resolution Resolution approving Subordination of Utility Easement Parcel 117.3 D Attachment Subordination for Parcel 117.3 Page 686 of 1066 I RESOLUTION NO. R22-177 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR 6 PARCEL 100.4, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the State of Florida Department of Transportation proposes to construct 12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 13 93200-2550, in Palm Beach County, Florida; and 14 WHEREAS, it is necessary that certain easement rights now owned by the City of 15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of 16 Transportation; and 17 WHEREAS, said subordination is in the best interest of the City; and 18 WHEREAS, the State of Florida Department of Transportation has made application 19 to said City to execute and deliver to the State of Florida Department of Transportation a 20 subordination of utility interest, or interests, in favor of the State of Florida Department of 21 Transportation and said request having been duly considered. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach does hereby 27 determines that the application of the State of Florida Department of Transportation for a 28 subordination of utility interest, or interests, is for transportation purposes which are in the 29 public or community interest and for public welfare; that a subordination of utility interest, or I S:\CA\RESO\FDOT Utility Easement Subordination Parcel 100.4-Reso.Docx Page 687 of 1066 30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton 31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners. 32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State 33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, 34 Florida 3300 35 Section 4. That this Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 6th day of December, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 ATTEST: 55 56 57 Maylee De Jesus, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 100.4-Reso.Docx Page 688 of 1066 23-UTL.04-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-20-2021) Parcel No. 100AR Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 100 Item/Segment No.4358041 A portion of land lying in the Southeast One-Quarter (SE 1/4) of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, as shown on Sheets 3 and 7 of the Florida Department of Transportation Right of Way Map of Item/Segment No. 4358041, Section 93200-2550, being more particularly described as follows: Page I of 7 Page 689 of 1066 Commence at the Southeast Corner of said Section 20, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence South 87°41'52" West along the South line of said Section 20 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 1,025.21 feet; thence South 89°39'40" West continuing along said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 586.46 feet; thence North 00°20'20" West along a line at a right angle to the previously described course,a distance of 66.00 feet to a point on the Northerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence North 44°32'00" West along said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 2.42 feet; thence North 89°07'16" East, a distance of 101.84 feet; thence South 89°52'44" East, a distance of 165.54 feet; thence South 77°28'17" East, a distance of 28.44 feet to a point on the Westerly line of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S,RANGE 43 E.,according to the plat thereof,as recorded in Plat Book 1,Page 4,of the Public Records of Palm Beach County, Florida; thence South 02°00'56" East along said Westerly line of Lot 8, a distance of 5.17 feet to a point on said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard); thence North 75°46'32" West along said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 40.31 feet; thence South 89°39'40" West continuing along said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 254.55 feet to the POINT OF BEGINNING. Containing 707 square feet,more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG. Utility 4/9/1991 --- City of Boynton 6787 / 1601 Easement Beach, Florida (Per Resolution No. R91-62) Easement 5/9/1994 Checkers Drive- City of Boynton 8325 / 1986 In Restaurants, Beach, a political Inc., a Delaware subdivision of the corporation State of Florida Page 2 of 7 Page 690 of 1066 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terns of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. The provision shall not act to waive the City's sovereign immunity under Florida law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 Page 691 of 1066 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of. (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: GERRY O'REILLY,P.E. District Four Secretary Print Witness Name: Attorney approved as to form: Witness Signature: Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence or _online notarization, this day of 120_,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 7 Page 692 of 1066 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTEST: CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: By Its Board of City Commissioners Clerk (or Deputy Clerk) By: Print Name: Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by Mayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 5 of 7 Page 693 of 1066 23-UTL.05-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-20-2021) Parcel No. 100AR Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 RESOLUTION ON MOTION of Commissioner seconded by City Commissioner ,the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida: and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 Page 694 of 1066 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of ,20 Print Name: Clerk, Board of City Commissioners City of Boynton Beach,Florida Page 7 of 7 Page 695 of 1066 S- L+ '?he City of. APR-15-1991 01:26pm 9 Z—101071 Boynton Beach ORB 6787 as 1601 100 E.Boynton'Beach Bon(evard (3 !P.O.B0x310 Boynton Beach,Tforida 33425.0310 City?fa(C.•(407)734.8111 TAX.(407)738.7459 C E R T I F I C A T I 0 N I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached two pages plus Exhibit "A", is a true and correct copy of Resolution #R91-132 as it appears in the records of the City of Boynton Beach, Florida. StWANNE M. KRUSE C TY CLERK y1.• ',� :y April 9, 1991 America's Gatmay to the ru(fstrcam age 696 of 1066 .:. _:-..c,. .-.-.,.._e„:,m.w.m..m-.....�....�.... .a.�wR-..c.-®vKensai•' A.m ORB 6787 Ps 1602 RESOLUTION NO. R91-6,9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A POR'T'ION OF THE OLD BOYNTON ROAD RIGHT-OF-WAY, ANSERV G UNTO THE CITY A UTILITY EASEMEIZT THE T- -WAY BEING LOCATED ON BOYNTON BEACH BOULEVARD AT OLD BOYNTON ROAD, NORTHEAST CORNER AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ROAD RIGHT-OF-WAY; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Raymond J. Posgay, Esq. , as agent for the owners of Parcel I, Florida Power s Light Company has requested the abandonment of the hereinafter described road right-of-way; and WHEREAS, comments have been solicited from the appropriate City Departments; and WREREAS, public -hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said right-of-way no longer serves any useful purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CI'T'Y COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1: The City of Boynton Beach, Florida, by and through its City Commission, does hereby abandon a certain right-of-way subject to the reservation of fo t,, utility easement alnnq, the ,,,M,,,I.,Q'pftJ�e nron�sed parcel in favor of this Cites, located in the City of Boynton Beach, Florida, attached hereto as Exhibit "A". Section 2: The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. PCI e 697 of 1066 ORB 6787 Pei 1 b03 section 3: This Resolution shall become effective when a 10 foot utility easement has been granted to the City. Section 4. The owners of Parcel 1, Florida Power' Light Company are responsible for all costs associated with moving any existing utility facilities located in the above described right of way. . l PASSED AND ADOPTED THIS .ar'� day of AaRlG , 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor *iceay 'Cc asioner Co Commissioner ATFST: Ci U # Clerk (Corporate Seal) Aband.on.doc 3/27/91 J ge 698 of 1066 ORB 67197 Pg -1604 �EXHXBXT "A" That part Of Section 20, Township i5 ® Range 43 East# Palm Beach COUntYe Florida, desc=Lbed as follows'- Commence at the Southeast Corner Of said section 20, thence S. 88002121"W., along the Sj)uth Lino of said Section 20s, 1631.39 feet to the easterly right of way line of a forty foot road as shown on plat of Subdivision of said section ® as recorded in Plat Book 7, page 20 of the Public Records of Palm Beach county, Florida; thence N. 00491 0911E., along said easterly right of way line, 312.74 feet to line so f eat southwesterly of nd parallel wLth the centerline of old Boynton Road and the Point ®f Beginning; thence S. 41047-42"E. , to said parallel line, 225.01 feet to a point of curvature Of a curve concave northeasterly with a radius of 527.47 feet and a central angle of 3013, 44"; thence southeasterly, to the arc of said curve, 29.73 feet; thence S. 0000107W., 37.43 feet; thence S. 85002151"E. , 140.34 feet to a line of 53.00 feet north of and parallel with the centerline of state Road 804 as shown on the right of way map recorded in Road Plat Book 2, page 220 of the Public Records of Palm Beach County, Florida; thence S. 891059,53"E., to said parallell line, 45.67 feet to A point on . a curse concave to the northeast with a radius- of 368.97 feet, a central angle of 230411371, and a chord thence bearing 530361 30"W,; port hwesterl'y, on the arc of said curve, 152 .58 foot to z point of tangency; thence N. 41047,42"W., 110-00 feet; thence S. 48012118"W., 10. 00 feet to a line 15.00 feet northeasterly Of and parallel with the centerline of Old Boynton Road; thenceN. 41047 -42"W., along said parallel line, 227. 6 feet to the intersection of the northerly prolongation of the said easterly right of way line of the forty of road; thence S. 0049'0 " 9W-0 along said the prolongation 96.00 feet o tsaid Point inning. Containing 28,537 square feet or 0.655 acre, more or less. RECORD VERIFIEO PALM BgACH COUNTY,FLA joHtA S.DUNKLE CLERK CIRCUIT COURT age 699 of 1066 .._ M—F4-1944 2:03M 94-225687 / ON 8325 Ps 1986 ti/ I 11118121111118111011 all Con 10.00 00c .70 EASEMENT 1994 THIS INDENTURE made this 9th day of May by Checkers Drive-in Restaurants, Inc. a corporation existing under the laws of Delaware , and having its principal place of business at Clearwater,___FL , first party, to the City of Boynton Beach, a political subdivision of the State of Florida, second party: (Wherever used herein, the terms, "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires. ) WITNESSETH WHEREAS, the first party is the owner of property situate in Palm Beach County, Florida, and described as follows: Legal Attached - See Exhibits A, B, S C and, WHEREAS, the second party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and in consideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant untn the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. __ __ Page 700 of 1066 ORB 8325 Ps 1987 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officere thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the prese a of: eckersDriv _t7t e t amts, Inc. L By Jam A 1JrPRESID T t d .Browr ET y CORPpIiATZ SEAL) t;TPITE of COUNTY I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid tRL4pQ�� take acknowledgements personally appeared .744 Fs F cf�7e Ala J a .a well known to me to be the Pres ent an respectively, of the Corporat on named as first party n the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and o f�cial seal n the County and ata a last aforesaid this day of �, A.D., 199 . r N Lary Public n an or the tate and County aforesaid. My commission expires: OFFICIAL S=AL DIANNE M.AUSTIN My Commission Ftp1.ds APM 28, 1990 ' • Comm. No CC 1971,44 • _ Page 701 of 1066 Mum to:(amlow fNf e66ma d ow"wwNop) N.m. Aaasr. ORB 8325 P4 1988 Pr rs PUCO I (F )Nu EXHIBIT A + W&TW AND 11,�DM�� By PULICE LAND t INC. SM Ma M-L MAD (3051 372-1777 • FAX 3052 572-1770 ICs'' EG D SCAN: portion of Section . Township 45 South, Range 43 East, Pal a County. Florida, being re particularly described sfoll s: NCE at the Southeast corner of said Section 2 ; thence South 8°02'21" West alo the outh line of said Section 2 £or a distance of 161.3 'feet to the Easterly r ht-of- ay line f a forty foot ro as 'on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County, Florida; thence run North 0°49109" East along said East right-of-way line for a distance of 106.84 feet to a point; thence run South 44'10'51" East for a distance of 27.89 feet to a point; thence run South 89' 59153" East for a distance of 60.00 feet to the POINT OF BEGINNING; thence run North 00'00107" East for a distance of 32.00 feet to a point; thence run South 89*5915311 East for a diatance of 12.00 feet to a point; thence run South 00®00`07" West for a distance of 32.00 feet to a point; ' thence run North 89'59'53" West for a distance of 12.00 feet to the POINT OF BEGINNING. (containing: 384 square feet) NOTES: 1) This sketch does not represent Field Survey. 2) Bearings are based on the South line of Section 20 being South 88'02'21" west. CHECKERSI t <7— a ® I PONT 9 -I I SWTA UNI so"ON 20-43-43 -41bT OF 0010"Maw 6 amet New 20-49-43 - CR ERS DRIVE-IN RESTAURANTS r- OFOM NO-1 28512C tj ADATEN 5-3- 4 Boynton Beach Blvd/New Old Boynton Road ~ CHECKERS DRIVE-IN RESTAURANTS John K Pul R 1 pm.ReI16 Land SwnW 1 neft of a ______ Page 702 of 1066 velum Nk Ondme ssWddrneed snmped wenppel twe, Aam„e MCORDER'8 _ of wri m.1y*ff or Pdinftg - unystisfactaty in thfi.doeument when n mdve& ORB 8325 P9 1 V85' RMIVAppreimmPUMIdooUk- m(Folb)MambmM: EXHIBIT B -_ B PULICE LAND+ SUNFMM F%.C*m)^ + $* INC. — 305 57 --1777 r F X 4 Bfi —17 iB LEM'DESCRIP_TION• A portion ol Section 20, Tmmahip 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88°02'21" West along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-:ray line of a forty fact road as sham on the plat of subdivision of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County, Florida, thence run North 00°49109" East along said East right-of-fray line for a distance of 106.64 feet to a point; thence run South 44°10'51" East for a distance of 27.89 feet to a point; thence run South 89° 59'53" East for a distance of 118.95 fact to the POINT OF BEGINNING; thence run North 00°00107" East for a distance of 25.00 feet to a point; thence run South 89°59'53" East for a distance of 12.00 feet to a point; thence run South 00000107" West for a distance of 25.00 feet to a point; thence run North 89°59153" West for a distance of 12.00 feet to the POINT OF BEGINNING. (Containing 300 square feet) NOTES: IT This sketch does not represent a Field Survey. 2) Bearings are based on the South line of Section 20 being South 88°02121" West. CHECKERS off IE MW07 1QV4ff{ \ Paver a 1=M'M'W BOYNTON BEACH BOULEVARD Sown+uNt secnaN 20-46�mon 103+.3.' roar ase ao6NQ neaten CNECKER-0 DRIVE—IN RESTAURANTS 90l" - 50' OPERM- NO.& 285128 � 6 r- 5-3-94 ;. Boynton Beach Blvd/New Old Boynton Ron Boynton Beach, Florida Jokn F Rey. Land surrepr �sd91 M khed PmMse Flynn, Land BM7pr pall FSOM CHECKERS DRIVE-IN RESTAURANTS Suft of FIGH44 0 a) - -- - - Page 703 of 1066 Rehm s::(wWm selkNassed slamped emekpe) Adds, ORS 8325 F9 19190 DOROTHY H YILK3 CLERK OF THE COURT - PS CUM FL Properly ApprNm Panel Idemiaeallon(Falco)NumWSr EXHIBIT C WErCH AND LEGAL W"WTION BY - PULICE LAND SURVEYORSt INC. GUNPOW A WS $72--1777 a FAX 1 5 B72-1776 INIM KNOW LEGAL DESCRIPTION: A portion of Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the Southeast corner of said Section 20; thence run South 88°02'21" Nest along the South line of said Section 20 for a distance of 1631.39 feet to the Easterly right-of-way line of a forty foot road as shown on the plat of subdivision-of said Section 20, as recorded in Plat Book 7 at Page 20 of the public records of Palm Beach County, Florida; thence run North 00°49'09" East along said East right-of-way line for a distance of 106.84 feet to a point; thence run South 440L0151" East for a distance of 27.89 feet to a point; thence run South 890 59'53" East for a distance of 254.64 feet to the POINT OF BEGINNING: thence continue South 89a 59153" East for a distance of 26.85 feet to a point an a curve, concave to the Northeast, the center of which bears North 30°54'18" East from said point; thence run Southeasterly along the arc of said curve, having a radius of 477.47 fuse thru a central angle of 03°L1'10" for an are distance of 26.55 feet to a Point of Cusp; thence run North 75°25'41" West for a distance of 31.66 feet to the POINT OF BEGINNING. (containing: 171 square feet) NOTES: 1) This sketch does not represent a Field Survey. 2) Bearings are basad on the South line of Section 20 being South 88002'21" West. g I CHECKERSS 8ae9Ca3"E 2ae.N ITE 9 � r or xiS�6w're 0i j BOYNTON BEACH BOULEVARD Z I swim L=stalm sa-ea-a • ®� aea0 V*w 1630W -r PONT Or aONIO/aO�IT &L OVAM s[C110N 20-44—x3 MEMO FLPj IF CHECKERS DRIVE-IN RESTAURInnTd OC C CM WCMR NOa 28512A h rrma to 5-3-94 y Bo nton Beach Blvd/New Old Boynton Road Boynton Beach, Florida John F. Pulbw ft LOA Sowya OW - - Mkhed Chivies FbM R*Lan. O 1 In FK Oft CHECKERS DRIVE-IN RESTAURANTS Sob of Fk"& - i 3) _ _ Page 704 of 1066 I RESOLUTION NO. R22-178 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR 6 PARCEL 102.3, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 II WHEREAS, the State of Florida Department of Transportation proposes to construct 12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 13 93200-2550, in Palm Beach County, Florida; and 14 WHEREAS, it is necessary that certain easement rights now owned by the City of 15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of 16 Transportation; and 17 WHEREAS, said subordination is in the best interest of the City; and 18 WHEREAS, the State of Florida Department of Transportation has made application 19 to said City to execute and deliver to the State of Florida Department of Transportation a 20 subordination of utility interest, or interests, in favor of the State of Florida Department of 21 Transportation and said request having been duly considered. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach does hereby 27 determines that the application of the State of Florida Department of Transportation for a 28 subordination of utility interest, or interests, is for transportation purposes which are in the 29 public or community interest and for public welfare; that a subordination of utility interest, or I S:\CA\RESO\FDOT Utility Easement Subordination Parcel 102.3-Reso.Docx Page 705 of 1066 30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton 31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners. 32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State 33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, 34 Florida 3300 35 Section 4. That this Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 6th day of December, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 ATTEST: 55 56 57 Maylee De Jesus, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 102.3-Reso.Docx Page 706 of 1066 23-UTL.04-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-08-2021) Parcel No. 102.3R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 102 Item/Segment No.4358041 A portion of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S, RANGE 43 E., according to the plat thereof, as recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, lying in Section 20, Township 45 South,Range 43 East, as shown on Sheets 3 and 7 of the Florida Department of Transportation Right of Way Map of Item/Segment No. 435804-1, Section 93200-2550,being more particularly described as follows: Page I of 7 Page 707 of 1066 Commence at the Southeast Corner of said Section 20, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence South 87°41'52" West along the South line of said Section 20 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 1,025.21 feet; thence South 89°39'40" West continuing along said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 281.86 feet; thence North 00°20'20" West along a line at a right angle to the previously described course,a distance of 53.00 feet to a point on the Northerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence North 75°46'32" West along said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 11.39 feet to a point on the Westerly line of said Lot 8; thence North 02°00'56" West along said Westerly line of Lot 8, a distance of 5.17 feet; thence South 77°28'17" East, a distance of 22.75 feet; thence South 89°52'44" East, a distance of 108.33 feet to a point on the Westerly line of Lot 12, DEIERL PARK, according to the plat thereof, as recorded in Plat Book 23, Page 236, of the Public Records of Palm Beach County, Florida; thence South 01°58'53" East along said Westerly line of Lot 12, a distance of 2.10 feet to a point on said Northerly Existing Right of Way line of State Road 804(Boynton Beach Boulevard);thence South 89°39'40"West along said Northerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 119.39 feet to the POINT OF BEGINNING. Containing 380 square feet,more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG. Easement Deed 2/15/1990 Dr. and Mrs. City of Boynton 6445/939 M.N. Jacobs Beach, Florida Utility Easement 4/9/1991 --- City of Boynton 6787/ 1601 (Per Resolution No. Beach, apolitical R91-62) subdivision of the State of Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees Page 2 of 7 Page 708 of 1066 to pay the cost of such alteration, adjustment, or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. The provision shall not act to waive the City's sovereign immunity under Florida law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 Page 709 of 1066 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of. (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: GERRY O'REILLY,P.E. District Four Secretary Print Witness Name: Attorney approved as to form: Witness Signature: Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 120_,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 7 Page 710 of 1066 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation Print Name: By Its Board of City Commissioners Clerk (or Deputy Clerk) By: Print Name: Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by Mayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 5 of 7 Page 711 of 1066 23-UTL.05-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-08-2021) Parcel No. 102.3R Document prepared by: Item/Segment No. 4358041 Diana Helmer(04-08-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 RESOLUTION ON MOTION of Commissioner seconded by City Commissioner ,the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida: and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 Page 712 of 1066 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of ,20 Print Name: Clerk, Board of City Commissioners City of Boynton Beach,Florida Page 7 of 7 Page 713 of 1066 43580 - P [o2.3 MAY-08-1Q90 14:28am 90-132599 0) 08 6445 Py 939 • City Of I, �� Boynton Sea I �� EASEHENT UEEU q Utilities tP' * TII13 pASF.HENT mode tole 1 tiny of / ter , 197_ weawroc;CI• ' r \ r �. T'74� M•/:1 .� �• �r �,�'�4: �'t Q��r.. fin par ' ' Eirnt part, aid the MY OF BOYNTON DF.ACII, in tile Stnte of Flotidnt not party of the oeeond part. f WITHErssrIDs 'glint the enid lint ty(Loe) of ti.e Ilrnt tart, in cotloidern- Llan of tile. Nttm at flue Unllnr 01.00) mid other valuable toitaldernttoun p a ..,, paid, the receipt of whteh to hereby nckoouledited, httreby Krnnt unto the Second party, Ito nticcennora and 4n81Flln, n perpetual rnnemettt nod rlRht- e of-way far the purpose of n U1�L/J'Yenoemont. giver, upon, tinder. through and nrronn the fcllowiu); dencrlhed lan(l, altuntu, lying and heinR In ' the City of Boynton Rench, State of Floridn, to-wit- a THE WEST 10 PERT OF THE EAST 25 FRET OF THE SOUTH 100 FEET +. OF THE FOLLOWING DESCRIBED PARCEL: THE WEST OUARTER (W.1/4) OF I.OT 8 OF TIIR SUBDIVISION OF ' SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO A PLAT BOOK 1, PAGE 4. LESS THE EAST 3 ACRES AS DESCRIBED IN i DERD BOOK 975, PAGE 125, PUBLIC RECORDS OF PALM BRACH E • COUNTY, FLORIDA, LESS THAT PART LYING SOUTH OF THE NORTH RIGHT OF WAY. LINE OF SOYMTON ROAD (STATR ROAD NO. 804) AND LESS THR NORTH 2`14 FEET THRRFttF. SITUATE IN BOY14TOIT BEACH. J PALM BEACH COUNTY, FLORIDA. t. 1• ' c� d TO (IAVE AND TO 1101.11 the same outn the second party. i to auccenaorn and analgnn forever. 1N WITNESS WHERFUl'. said party(len) of tite firnt part hnve/Iran berounto until re• ltnnd(n) and neul(p) the dnte firet above written. Signed, sealed and delivered in the presence ,. to a �} t ((ttc�7.t 1 , i:'1' l-z (goal 5ea1 Star. OF FI.UN tbA COUNTY OF PALO BEACH , r Before me pereanully appeared IhA1. 't.Uc;US `I Cilli C—)&a _ to me well known acid ka6vit to me to be tiro individttnl(a) deecrLbod in and utto executed the fare- going inotrument and acknowledged before me that they executed the incle for the purpoeep therein expreoQed. W1•fIiESS my hand and officlat seal this IJ drty of X=�—, 1988, t > v \' &-.' r FMI01FL1dTa t4Q E+ga1t4r10/C�DNUTARY P1 LLCof F orida at Largea o ; Eli Hy comminoion expireet 1C.. CS ,�; 3 This iuettumnnt prepared by: / / 'E m o P REtN IS .RA y t3CUMCFAWOWW 0.RF naoO,dw Search ' Page t of aeq"sbE 9y.bwotre.PN.teA P5r1p7,1pttte 9 A, of 1 066 Doc FLPALM644&0=9 40 0 City t? r O APR-15-1991 01:26am S'1-1 Q 10'71 Boynton eaORB 6787 Pg 16[Z1 '. 100 L.B each Boukwrd !0 Boynton (a !3425.0310 City Nall: •Bllt Tq :(407 8.7459 Q C EF I C A T I O N I, SUZANNE M. KRUSE, CITY C the City of Boynton Beach, Florida, do hereby certify th eoattached two pages plus Exhibit "A", is a true and cor of-Resolution SR91-62 as it appears in the records o£ m ity of Boynton Beach, Florida. � • S1'E M. KRUSE TY CLERK ..• '�., � ril 9, 1991 GP -16E1 VY,�' 3lenerira's rateuwarY to the G4streant EMEW15 of 1066 • J.P: s...r.,„�a,il�q"•„a. iLY,•� :Rp;4y1..�.� .�n.n,whrq':..PIC'.:N• •q.r r• . J,:• . n ..,........... ..._.-.. ORB 6787 Ps 1602 RESOLUTION NO. R41-6A A RESOLUTION OF THE. CITY COMMISSION OF THE -CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A PORTION OF THE OLD BOYNTON ROAD RIGHT=OF-WAY, 'DESERVING UNTO THE CITY A UTILITY EASEMENT; THE RIGHT-OF-WAY BEING LOCATED ON dOYNTON BEACH BOULEVARD `AT OLD BOYNTON ROAD, O NORTHEAST CORNER AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO U" EXECUTE A DISCLAIMER FOR SAID ROAD HT-OF-WAY; PROVIDING THAT THE UZACHED DISCLAIMER BE RECORDED IN THE LIC RECORDS OF PALM BEACH COUNTY, LORIDA; AND PROVIDING AN EFFECTIVE WHERED ymond J. Posgay, Esq., as.;,agent for the owners of UI, Florida Power S 'Light Company has requested thean onment of the hereinafter described road right-of-way; anW WHEREAS, comv, have been solicited from the appropriate City Dep ts; 'and WHEREAS, public ns have been held before the City's Planning and Zon rd and the City Commission on the proposed abandonment; WHEREAS, based on the oing .information, the said right-of-way no longer serves ful purpose. NOW, THEREFORE, BE IT RES D BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLO D THAT: Section 1: The City of BoQ Beach, Florida, by and through its City Commission,�&, hereby abandon a certain right-of-way subject to the r e ion of a 10 foot_ utility easement along the southernmost 10' of the proposed parcel in favor of this City, located in the City of Boynton Beach, Florida, attached hereto as Exhibit "A". Section 2! The Mayor and City Clerk are hereby. authorized and directed to execute and deliver, the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. 16 of 1066 lT,y;r:�oy�^h��ny�l;2ilp+lY��Ma1sA:UV�titti�:=P1Pt!":CU�!!HA"INCM�+ mm . . . R11. 'MItM1Gt7mpa�:tnMw=m,w!nr.nraue•.exxxx„,,x.x..xx.,.,....._�...... •. .. ......... ORB .67 87 1603 Seckion 3: This Resolution shall .become effective when a 10 foot utility easeoent• has been grndted .to. the, .. City. Section 4: The owners'of Parcel 1, Florida Power a *Lt Company are responsiblefor all costs associated with any. existing utility facilities locaxed•in the above b9d right of way. AS Eb AND ADOPTED THIS day of A�W!/L , 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor �— ice mayor • tel •i•� , c,. •,/ � !�'�!” ConWissioner a i � r • o i sioner AT,TE57�: . Ci" Clerk (Corporate, Seal) \� Abandon.doc 3/27/91 17 of 1066 1 .. '4:'V9R'.. r..1.. ..•.,... ...... e. .................... , ........... .. .. 'ORB 678 7Ps 1604 EXHIBIT "A" That part of Section 20, Township 45 'South, Range- 43 East, ,Palm Beach County, - Florida, described as• follows: Commence at the Southeast Corner of said Section 20; thence S. 08002121"W.,. along the South• Line of said .Section 20, 1631':39 feet to the easterly right of way line of a forty.•foot. road as shown on plat of Subdivision of said Section 20, as recorded in P1at,Book 7, page 20 O of the •Public Records , of Palm Beach, County, Florida; thence N. 0049109"E., along said easterly right of way line, 312.74 feet to line 50 feet southwesterly of. and parallel with the centerline of Old Boynton Road and the 'point of Beginning; thence S. VV 41047142"E., along said parallel line, .01 feet to a point of*curvature of a e concave northeasterly with a a of ' 527.47 feet and a central of 3013144"; thence southeasterly, a e are of said curve, 29.73 feet; th a S. 0000107W., 37.43 feet; thence S. ° -5111E., 140.34 feet to a line of 53.0 t north of and parallel with the erline of .State Road 804 as shown on a right of way map recorded in Road t Book 2, page 220 of the Pgblic s of Palm -Beach County, Florida; ce S. 69059453"E., along said par line, 45.67 feet to a Point on rve concave to the northeast w gidius-of 368.97 feet, a central an 23041137" and a chord bearing N. 8'30"W,; thence northwesterly, the arc of said curve; 152.58 to a point of tangency; thence .0 104714211W., 110.00 feet; thence- S. ° 11811W., •10.00 feet to a line 15.00 f theasterly of and parallel with enterline of Old Boynton Road; then- N. 410471421-W., along said parallel 1i , 27.66 feet to ' the intersection o e northerly prolongation of the sai terly right of way line of the f foot road; thence S. 004910911W. ng said prolongation, 96.00 fe the said Point of Beginning. Containing 28,537 -square feet or 6.65'5 acre, more or less. RECORDYERMF_b PALM BEACH COUNTY.FLA JOHN B.OUNKLE CLERK CIRCUIT COURT 18 of 1066 I RESOLUTION NO. R22-179 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR 6 PARCEL 107.4, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 II WHEREAS, the State of Florida Department of Transportation proposes to construct 12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 13 93200-2550, in Palm Beach County, Florida; and 14 WHEREAS, it is necessary that certain easement rights now owned by the City of 15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of 16 Transportation; and 17 WHEREAS, said subordination is in the best interest of the City; and 18 WHEREAS, the State of Florida Department of Transportation has made application 19 to said City to execute and deliver to the State of Florida Department of Transportation a 20 subordination of utility interest, or interests, in favor of the State of Florida Department of 21 Transportation and said request having been duly considered. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach does hereby 27 determines that the application of the State of Florida Department of Transportation for a 28 subordination of utility interest, or interests, is for transportation purposes which are in the 29 public or community interest and for public welfare; that a subordination of utility interest, or I S:\CA\RESO\FDOT Utility Easement Subordination Parcel 107.4-Reso.Docx Page 719 of 1066 30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton 31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners. 32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State 33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, 34 Florida 3300 35 Section 4. That this Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 6th day of December, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 ATTEST: 55 56 57 Maylee De Jesus, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 107.4-Reso.Docx Page 720 of 1066 23-UTL.04-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-08-2021) Parcel No. 107AR Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 107 Item/Segment No.4358041 A portion of Lots 22 and 23,Block 2,LAKE BOYNTON ESTATES PLAT 1,according to the plat thereof, as recorded in Plat Book 13,Page 32,of the Public Records of Palm Beach County,Florida,lying in Section 29, Township 45 South, Range 43 East, as shown on Sheets 4 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550, being more particularly described as follows: Page I of 7 Page 721 of 1066 Commence at the Northeast Corner of said Section 29, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence South 87°41'52" West along the North line of said Section 29 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 807.93 feet; thence South 02°18'08" East along a line at a right angle to the previously described course, a distance of 61.92 feet to a point on the Southerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence South 82°14'14" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 7.48 feet to a point on the Easterly line of said Lot 22; thence South 01°56'12" East along said Easterly line of Lot 22, a distance of 9.11 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°12'19" West; thence Westerly along the arc of said curve, having a radius of 20,069.50 feet, through a central angle of 00°07'43", an arc distance of 45.04 feet to the end of said curve; thence South 00°43'09" East, a distance of 4.00 feet; thence South 89°16'41" West, a distance of 6.00 feet; thence North 00°43'09" West, a distance of 3.00 feet to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 89°21'24" West; thence Westerly along the arc of said curve, having a radius of 20,070.50 feet, through a central angle of 00°08'23", an arc distance of 48.98 feet to the end of said curve, being a point on the Westerly line of said Lot 23; thence North 01°56'10" West along said Westerly line of Lot 23, a distance of 9.67 feet to a point on said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard); thence North 88°19'37" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 92.65 feet to the POINT OF BEGINNING. Containing 1,023 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG. Easement Deed 2/18/1986 Humdeco, Inc City of Boynton 4820/ 1662 Beach, Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,including,but not limited to the cost of acquiring appropriate easements. Page 2 of 7 Page 722 of 1066 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. The provision shall not act to waive the City's sovereign immunity under Florida law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 Page 723 of 1066 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of. (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: GERRY O'REILLY,P.E. District Four Secretary Print Witness Name: Attorney approved as to form: Witness Signature: Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 ,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 7 Page 724 of 1066 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation Print Name: By Its Board of City Commissioners Clerk (or Deputy Clerk) By: Print Name: Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by Mayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 5 of 7 Page 725 of 1066 23-UTL.05-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-08-2021) Parcel No. 107AR Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-30-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 RESOLUTION ON MOTION of Commissioner seconded by City Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida: and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 Page 726 of 1066 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of , 20 Print Name: Clerk, Board of City Commissioners City of Boynton Beach,Florida Page 7 of 7 Page 727 of 1066 �. oq, t {' f EASEMENT DEED THIS EASEMENT, made this day 'of , 19 S6 between_ HUMr as party of the first part, and the CITY OF BOYNTON BEACH, in the p State- of Florida, as party of the second part. fel - M Ln WITNESSETH: That the said part_ of the first part, in 0 consideration of the 'sum of One ($1 .00) Dollar and -other valuable considerations paid, the .receipt of which is hereby acknowledged, 00 hereby grant unto the second party, its successors and assigns, a -perpetual easement and right-of-way for the purpose of a_ot;i i .y easement, over, upon, under, through and across the following described land, situate, lying and being in the City of Boynton Beach and State of Florida, to wit: "PROPERTY MORE PARTICULA RO DESCRIBED IN SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF." TO HAVE AND TO HOLD THE SAME unto the second part, its successors and assigns forever. IN WITNKSS WHEREOF. said part of the first part ham_ hereunto set r hand(s) and seals) the date first Iri1 above written. I Signed, sealed and delivered in the presence of: A14 " 'I'LL(S E L ruM eco igincn i '(SEAL) werror.ry Tom N State Of Kentucky_ 0 tot--sllto Ta-N. Cl-t rI ■ . #solids Count of Jefferson Before me personally appeared Michael A. Hendricks to me well known and known to me to be the individuals) described -Q in and who exCcuted the foregoing instrument and acknowledged before —r a, me that he -- executed the same for the purposes therein expressed. O ru W111JtSS my hand and official seal this 28th day of Januar , 19 86 cc (NOTARIAL SEAL) Notary ryPu a c n for the Office of the C:,.v C!erk County and State af�fle,said-. City of Boynton P. O. Box 310 My Commission Expires: Boynton Beach, Florida 3j44ej This Inst rumen ta r ed by: NotarY Public,State at Carse,KT i ` J� d -De-x014, My nmmiccion expires Sept.27090 41 COA ,C't ,��,, ��os Page 72� of 1066 tie Alfa Be La, /--/ 33SIv/ EXHIBIT "A" i LEGAL DESCRIPTION. OF A PROPOSED SIX FOOT (6' ) UTILITY EASEMENT The East six feet (6') of Lots 22 and 29, Block 2, LAKE BOYNTON ESTATES PLAT 1 , as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida, LESS AND EXCEPT right-of-way dedicated in Official Record Book 2163, Page 1967, and Official Record Book 2194, Page 107, Public Records of Palm Beach County, Florida. Boynton Beach, Florida ' II I I i I i i x I ar � .o nECORG VERIFIED O PALM BEACH COUNTY,FLA. fU JOHN B.DUNKLE 00 CLERK CIRCUIT COURT m I I i i Page 720 of 1066 J I RESOLUTION NO. R22-180 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR 6 PARCEL 109.4, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 II WHEREAS, the State of Florida Department of Transportation proposes to construct 12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 13 93200-2550, in Palm Beach County, Florida; and 14 WHEREAS, it is necessary that certain easement rights now owned by the City of 15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of 16 Transportation; and 17 WHEREAS, said subordination is in the best interest of the City; and 18 WHEREAS, the State of Florida Department of Transportation has made application 19 to said City to execute and deliver to the State of Florida Department of Transportation a 20 subordination of utility interest, or interests, in favor of the State of Florida Department of 21 Transportation and said request having been duly considered. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach does hereby 27 determines that the application of the State of Florida Department of Transportation for a 28 subordination of utility interest, or interests, is for transportation purposes which are in the 29 public or community interest and for public welfare; that a subordination of utility interest, or I S:\CA\RESO\FDOT Utility Easement Subordination Parcel 109.4-Reso.Docx Page 730 of 1066 30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton 31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners. 32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State 33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, 34 Florida 3300 35 Section 4. That this Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 6th day of December, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 ATTEST: 55 56 57 Maylee De Jesus, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 109.4-Reso.Docx Page 731 of 1066 23-UTL.04-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (03-03-2021) Parcel No. 109AR Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 109 Item/Segment No.4358041 A portion of Lot 5,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S, RANGE 43 E., according to the plat thereof, as recorded in Plat Book 1, Page 4, a portion of Lots 1, 2, 3, 4, and 5, Block 71, and a portion of vacated Right of Way of N.W. 4th Street, as recorded in Official Records Book 2937, Page 1247, (formerly Teneyck Avenue), BEVERLY HILLS ADDITION NO. 3, according to the plat thereof, as recorded in Plat Book 13,Page 64, all in the Public Records of Palm Beach County, Florida, lying in Section 28, Township 45 South, Range 43 East, as shown on Sheets 5 and 7 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550,being more particularly described as follows: Page I of 7 Page 732 of 1066 Commence at the Northwest Corner of said Section 28, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence North 89°46'40" East along the North line of said Section 28 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 849.78 feet; thence South 00°13'20" East along a line at a right angle to the previously described course, a distance of 90.68 feet to a point on the Southerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the POINT OF BEGINNING; thence North 78°08'10" East along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 180.57 feet; thence North 89°04'35" East continuing along said Southerly Existing Right of Way line of State Road 804 (Boynton Beach Boulevard), a distance of 164.35 feet; thence South 01°47'45" East, a distance of 10.62 feet to the beginning of a non-tangent curve concave Southeasterly, having a chord bearing of South 85°18'17" West; thence Southwesterly along the arc of said curve, having a radius of 7,961.00 feet, through a central angle of 00°27'20", an arc distance of 63.32 feet to the End of the New Easterly Limited Access Right of Way line of State Road 9 (I-95) and the beginning of a non-tangent curve concave Southeasterly,having a chord bearing of South 84°47'44"West;thence continuing along said New Easterly Limited Access Right of Way line of State Road 9 (I-95) for the next four(4) courses: (1) Southwesterly along the arc of said curve, having a radius of 7,961.00 feet, through a central angle of 00°33'45", an arc distance of 78.17 feet to a point of reverse curvature of a curve concave Northerly,having a chord bearing of South 84°55'47" West;thence (2) Southwesterly along the arc of said curve,having a radius of 6,039.00 feet, through a central angle of 00°49'52", an arc distance of 87.60 feet to the end of said curve; thence (3) South 04°39'17" East, a distance of 1.00 foot to the beginning of a non-tangent curve concave Northerly, having a chord bearing of South 85°53'02" West; thence (4) Westerly along the arc of said curve,having a radius of 6,040.00 feet, through a central angle of 01°04'38", an arc distance of 113.55 feet to the end of said curve and to the POINT OF BEGINNING. Containing 4,767 square feet, more or less. Together with all rights of access, ingress, egress, light, air, and view between the grantor's remaining property and any facility constructed along the following described line: Commence at the Northwest Corner of said Section 28, being a point on the Baseline of Survey of State Road 804 (Boynton Beach Boulevard); thence North 89°46'40" East along the North line of said Section 28 and said Baseline of Survey of State Road 804 (Boynton Beach Boulevard), a distance of 849.78 feet; thence South 00°13'20" East along a line at a right angle to the previously described course, a distance of 90.68 feet to a point on the Southerly Existing Right of Way line of said State Road 804 (Boynton Beach Boulevard) and the BEGINNING of the New Easterly Limited Access Right of Way line of State Road 9 (I-95), being the beginning of a non-tangent curve concave Northerly, having a chord bearing of North 85°53'02" East; thence Easterly along the arc of said curve,having a radius of 6,040.00 feet,through a central angle of 01°04'38", an arc distance of 113.55 feet to the end of said curve;thence continue along said New Easterly Limited Access Right of Way line of State Road 9 (I-95) for the next three (3) courses: (1) North 04°39'17" West, a distance of 1.00 foot to the beginning of a non-tangent curve concave Northerly, having a chord bearing of North 84°55'47" East; thence (2) Northeasterly along the arc of said curve, having a radius of 6,039.00 feet, through a central angle of 00°49'52", an arc distance of 87.60 feet to a point of reverse curvature of a curve concave Southeasterly, having a chord bearing of North 84°47'44"East;thence (3)Northeasterly along the arc of said curve,having a radius of 7,961.00 feet, through a central angle of 00°33'45", an arc distance of 78.17 feet to the end of said curve,being the END of said New Easterly Limited Access Right of Way line of State Road 9 (I-95). Page 2 of 7 Page 733 of 1066 RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG. Corrective Grant of 5/4/1981 Charles L. Leemon City of Boynton 3536/ 1491 Easement Beach, Florida PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration, adjustment,or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. The provision shall not act to waive the City's sovereign immunity under Florida law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 Page 734 of 1066 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of. (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: GERRY O'REILLY,P.E. District Four Secretary Print Witness Name: Attorney approved as to form: Witness Signature: Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 120_,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 7 Page 735 of 1066 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTEST: CITY OF BOYNTON BEACH,a Florida municipal corporation Print Name: By Its Board of City Commissioners Clerk (or Deputy Clerk) By: Print Name: Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by Mayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 5 of 7 Page 736 of 1066 23-UTL.05-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (03-03-2021) Parcel No. 109AR Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale,Florida 33309 RESOLUTION ON MOTION of Commissioner seconded by City Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida: and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 Page 737 of 1066 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of , 20 Print Name: Clerk, Board of City Commissioners City of Boynton Beach,Florida Page 7 of 7 Page 738 of 1066 . STiTE LA QF LC IRIDA DOCUMENTA12Y STAl�1P T_nX_J rlpr.RI rhvEMuEf ` *CORRECTIVE _ pa = ;ull•Qe ti I _ 0 0. 401 GRANT OF EASEMENT A t, C7 THIS INDENTURE made and entered into on this �(� day of , ti 0 1961, by and between Charles L. Leemon of the County of Palm Beach and State of 0 Florida, Grantor; and City of Boynton Beach of the County of Palm Beach, State of Florida, Grantee; 00 WHEREAS, the Grantor is seized in fee simple and in possession of lands lying in Section 28, Township 45 South, Range 43 East, and that particular x portion of it described below, and ,p. � l WHEREAS, Grantor has agreed in consideration of the sum of Ten Dollars and other good and valuable consideration to grant to Grantee, its heirs, ' successors and assigns an easement or right of way over the land described Eel�I below, for the purposes and in the manner expressed below; NOW, THIS INDENTURE WITNESSETH That, in pursuance of this agreement and in consideration of the sum of Ten Dollars and other good and valuable consideration, receipt of which is acknowledged, Grantor grants unto Grantee, its heirs, successors and assigns, t for the purpose of installin._, _ g andaintaining public utilities,, an easement on ..._ m-.,,_.,,,, and under the land particularly described as follows: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the said easement or right of way unto Grantee, its ` heirs, successors and assigns forever. It is understood that this easement is given upon the express understanding and condition that it may be used by Grantor, his heirs, executors, admini - v strator4 andigsalens in conjunction with the. time of Grantee, itR heirs, successors and assigns. However, Grantor's use shall not interfere with the installation, maintenance or repair of said utilities and in the event Grantor shall place any structure on said easement same may be removed by Grantee as required to install or maintain the above-mentioned public utilities at the expense of Grantor. Grantor hereby agrees to indemnify and hold harmless Grantee from and nr• against any and all claims, damages, losses and expenses arising out of or resulting from the exercise by Grantee of the rights granted herein. ... i_ *This Corrective Grant of Easement is executed for the purpose of correcting + the legal description in the original Grant of Easement executed the 21st day of July, 1979, and recorded August 1.5, 1979, in Officicl Record Book 3117, Page 6 ycj 1727, Public Records of Palm Beach County, Florida. CIA RECO.GRIFFITH S MORAN.ATTORNEYS AT LAW,SH EAsr OCEAN AVENUE,BOYNTON BEACH.FLORIDA 22438 POW OFFICE SOX W. (342)""ING OR 787.1*06 Page 739 of 1066 The terms and conditions of--this indenture shall run with the land and be a covenant binding on any purchasers, heirs or'assigns and successors in title to the Grantor. IN WITNESS WHEREOF, Grantor-has set his hand and seal on the day and year first above written. CHARLES L. LEEMON Signed, Sealed and Delivered in our presence as witnesses: PREPARED BY: James J. Moran, Esq. Post Office Box 630 Boynton Beach, FL 33435 STATE OF FLORIDA COUNTY OF PALM REACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and the County aforesaid to take acknowledgments, personally appeared CHARLES L. LEEMON to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand an official „e;,l 3a L%z_ County =d State lc... cfcrer—nid tlt;a _ dny of l.•, s 1981. ►• r. NOTARY PUBLIC, State o£ Florid •:•. My Commission Expires: �' .,:• �y ffotary public.Slat*of 11011,#116 V'V tammuaon kxpuaf had 11, INI:i" ACCEPTANCE N The undersigned Grantee hereby accepts the terms and provisions of the �f foregoing Correcti6a Grant of Easement. CJTY OF BOYNTON BEACH MBY: !/�iO4ikt ��:;► �. -2- Page 740 of 1066 EXHIBIT "A" DESCRIPTION (Water Main Easement) An easement being 20 feet in width over and across a portion of Lot 5, Subdivision of Section 28,' Township '45 South, Range 43 East, Plat.Book 1, page 4 and a por- tion of Block 71, Beverly Hills, Addition No, 3, Plat )look 13, page 64, City of Boynton Beach, Palm Beach County, Florida, the centerline of said easement being more par- ticularly described as follows: Commence at the Southeast corner of said Block 71; thence S. 69 47131" E., along the easterly extension of the South line of said Block 71, a distance of 10.0 feet to the Point of Beginning; thence N. 4031119" W., a distance of 219.00 feet; thence N. 49031119" W., a distance of 30.46 feet to the South Right-of-Way line of N.W. 2nd Avenue as shown on the 1-95 Right-of-way taps, Section 9320-2412 Sheets 3 and 3A and the Point of. Ending. 4P 3. 4A 4R m Page 741 of 1066 RONNE Fil. -I -Y _4 BEACH+ AL r• . I ^. � I • l -I> 63536 P1494 Page 742 of 1066 O I 1� N 1 ti .. t r . e t4 kj7 ul 83536 P1495 Page 743 of 1066 '22-mV. AVE Nl1 e 1z. 604) CA--57' F3vJNp m. * M.A fi 1!C•r ��= CITY 0, G6Y 1":O'- XP•LFI) ' IALWa A .. J +Vrrg7 EIvV) fJ Ac' i I { GF LU r4 a 1 83536 P1496 Page 744 of 1066 1 1 _ N--•�. 4:� �F 1.A'.M• d0 ca�Enr.�-tiT p r?,B. 9i-� P,%. I?i?•�72�i tJ 8°J° 47- 31,E W --� _ fir O1 2s9 44p"VV MOMEMEMEMMUMMOMW :t R'� 3'li PIF 9 fi Page 745 of 1066 i - x f I I J - 5 i +Sl VVAep i :F.,NAY V.%—A 'fir A'a MAP NO. WO. 6 0 3-A :.-F 7 (� '• tib' :jTi-i,Y IN��RNIa"'tG�{ Y1'Aa I.wr7 ---��•-��' LAG v 1 ry_ .-a-•-7 G'�. GG+�J=-•=-s �1. g3536 P 149-8 - - - _ Page 746 of 1066 f _ 'fit •,h , {$t f 1 � i 3 83536 P1498 _ Page 747 of 1066 1 t - I # r- � I � 47 ti, r i I Edi • � 1 - it � r! 1 Ri=Q=..^� 1 1 I i I • - � it / : « f T• 'a-y. ? ill': i �� y • J �%� i _I Y A _ . .> I • �1� 51. _ _.. T_. tll li � .•E-'.�: .f� ., ter � �` , »-�-,,;� _I �$•G _.. 17 »_.sem_ ^_.-.+�• _._._-.=aT —7 = -tom mi Via.- 1 I 1 B3136 P1500 Page 748 of 1066 i W t a i 1 _ to 20 Jt ���•sss 4 1 da �••�. ,-.� .y �N �c�.Ei2 1 fi .►ani 1.::r ti.:� T ----- --- -..— _.._..._ �' •---- ��rill r3. ►�:..-----•--__ ._ ._ -- ----•--- --_.-- �1 __---. 1 • i 1 , ih W ' 1 }.. I . 1 I B3g36 P1501 • _ _ __ Page 749 of 1066 L-P4,ATIOM NO. L- YY° • i. .fir+ I j 1.I N -r� r ,.!;� .r. 1 �..--►- 1 W 1-1 14 v L,N E, Imo`®f3 V, AN C? P.lc . ' A-42 ®.iZ° NA—a ho °r. •'. N-41514 .. -� Fqa wpV V`.-rl THeJ'r� G J °r�• ` ,y ®rQ •-e city _ — Boynton I r _ THE E 1 rj . 7G-°-c2� dv r � ;E a®REG' T. NO D AT DESCRIPTION BY RICKI lt!`® ®.`• AES E L REOSIONS ® Page 750 of 1066 .: :'✓' ��G�•^•ice �✓ .. � -A t ��� ��n E►.• r±ic..i:J ��:. � — ice►..r..�c. i A. G rEEa' �Ep. 24 . :i= Tj� r:. X r- Ir4-S Auv TE'Y, Fz_eLC'A. i E l r • .��•�I��.�•�'L� Y G J•w .L f-•�1,'w. �i r.✓ .�_.- ...�._ i� _;,�. •.T'. .� Rapes I t; �•ti_�'c_:J (%; .11[ '� ...�•�:=mss:.. , . "1.•;r.l . � m City of g Baynton Bosch APR 3 1A I+ 10� RECORD DRAWING DATE OF PRINT APR 2 $ 19XA UTILITY RELOCATION PLAN HOLIDAY INN THE NEIL LUTON PLANNING GROUP, INC., U.S.A. CITY OF BOYNTON BEACH, FLORIDA T wra. t)-r- ali44.•: ;.,,c; A , KELLEY ENGINEERING ASSOC. INC. t7 Br GC elle-N Ae A CONSULTING ENGINEERS AND SURVEYORS WEST PALM BEACH, FLORIDA Do PG DAZE Pft01 NO SHEET - iION BY RICKI RTC-98 DEC.,1979 79/234 DES CK SCALE DR N 1 co; S ION$ H_D.K H.D.K. I°c 20' p -9234 mA Ly B 3 _ Rewd•eAttd PAM Beeob County.Fl; Joke B.Budde Clerk Circuit Court Page 751 of 1066 I RESOLUTION NO. R22-181 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBORDINATION OF UTILITY EASEMENT INTERESTS FOR 6 PARCEL 117.3, FOR THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) I-95 AND BOYNTON BEACH 8 BOULEVARD INTERCHANGE IMPROVEMENTS PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 II WHEREAS, the State of Florida Department of Transportation proposes to construct 12 or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 13 93200-2550, in Palm Beach County, Florida; and 14 WHEREAS, it is necessary that certain easement rights now owned by the City of 15 Boynton Beach, Florida, be subordinated to the rights of the State of Florida Department of 16 Transportation; and 17 WHEREAS, said subordination is in the best interest of the City; and 18 WHEREAS, the State of Florida Department of Transportation has made application 19 to said City to execute and deliver to the State of Florida Department of Transportation a 20 subordination of utility interest, or interests, in favor of the State of Florida Department of 21 Transportation and said request having been duly considered. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach does hereby 27 determines that the application of the State of Florida Department of Transportation for a 28 subordination of utility interest, or interests, is for transportation purposes which are in the 29 public or community interest and for public welfare; that a subordination of utility interest, or I S:\CA\RESO\FDOT Utility Easement Subordination Parcel 117.3-Reso.Docx Page 752 of 1066 30 interests, in favor of the State of Florida Department of Transportation, in the City of Boynton 31 Beach, Florida, Florida, should be drawn and executed by this Board of City Commissioners. 32 Section 3. A certified copy of this Resolution be forwarded forthwith to the State 33 of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, 34 Florida 3300 35 Section 4. That this Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 6th day of December, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 VOTE 53 54 ATTEST: 55 56 57 Maylee De Jesus, MPA, MMC Ty Penserga 58 City Clerk Mayor 59 60 APPROVED AS TO FORM: 61 (Corporate Seal) 62 63 Michael D. Cirullo, Jr. 64 City Attorney 2 S:\CA\RESO\FDOT Utility Easement Subordination Parcel 117.3-Reso.Docx Page 753 of 1066 23-UTL.04-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-08-2021) Parcel No. 117.3R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this day of 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter called the CITY. WITNESSETH: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY'S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE,in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows,viz: Parcel No. 117 Item/Segment No.4358041 A portion of Lot 8,MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46 S, RANGE 43 E., according to the plat thereof, as recorded in Plat Book 1, Page 4,of the Public Records of Palm Beach County, Florida,lying in Section 20, Township 45 South,Range 43 East, as shown on Sheet 4 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 435804-1, Section 93200-2550,being more particularly described as follows: Page 1 of 7 Page 754 of 1066 Commence at the Southeast Corner of said Section 20; thence North 02°01'34" West along the East line of said Section 20, a distance of 40.00 feet to the intersection of the Westerly Existing Limited Access Right of Way line of State Road 9(I-95)and the Westerly Existing Railroad Right of Way line of C.S.X.Railroad, being the PONT OF BEGINNING; thence South 87°41'52" West along said Westerly Existing Limited Access Right of Way line of State Road 9 (I-95), a distance of 106.75 feet; thence North 33°50'54" West continuing along said Westerly Existing Limited Access Right of Way line of State Road 9(I-95),a distance of 3.29 feet to the Beginning of the New Westerly Limited Access Right of Way line of State Road 9 (I-95); thence North 86°46'02" East along said New Westerly Limited Access Right of Way line of State Road 9 (I-95),a distance of 108.51 feet to the End of said New Westerly Limited Access Right of Way line of State Road 9 (I-95),being on point of said East line of Section 20 and said Westerly Existing Railroad Right of Way line of C.S.X. Railroad; thence South 02°01'34" East along said East line of Section 20 and said Westerly Existing Railroad Right of Way line of C.S.X. Railroad, a distance of 4.57 feet to the POINT OF BEGINNING. Containing 398 square feet,more or less. Together with all rights of access, ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property. RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG. Easement 4/18/2000 Anderson Stor-All, City of Boynton 11785 / 1865 Inc.on behalf of Beach, apolitical Stor-All, Ltd., a subdivision of the Florida State of Florida corporation Drainage 5/7/2002 Stor-All, Ltd., a City of Boynton 13766 /0163 Easement Florida limited Beach, Florida partnership Page 2 of 7 Page 755 of 1066 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to,upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter,adjust,or relocate its facilities located within said lands,the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,including,but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. The provision shall not act to waive the City's sovereign immunity under Florida law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 7 Page 756 of 1066 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence STATE OF FLORIDA DEPARTMENT of. (Two witnesses required by Florida Law) OF TRANSPORTATION Witness Signature: BY: Name: GERRY O'REILLY,P.E. District Four Secretary Print Witness Name: Attorney approved as to form: Witness Signature: Name: ELIZABETH S. QUINTANA Print Witness Name: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 120_,by GERRY O'REILLY, P.E.,District Four Secretary,who is personally known by me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 4 of 7 Page 757 of 1066 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board,the day and year aforesaid. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation Print Name: By Its Board of City Commissioners Clerk (or Deputy Clerk) By: Print Name: Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Official Seal) By: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by Mayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH, a Florida municipal corporation, who is personally known to me or who has produced as identification. (SEAL) Notary Public Printed or stamped name of Notary Public My Commission Expires: Page 5 of 7 Page 758 of 1066 23-UTL.05-07/18 This instrument prepared under the direction of- Elizabeth £Elizabeth S. Quintana,Esq. District Four Assistant General Counsel Legal Description prepared by: Luis A. Gaztambide,P.S.M. (01-08-2021) Parcel No. 117.3R Document prepared by: Item/Segment No. 4358041 Diana Helmer(08-31-2022) Section: 93200-2550 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R.No. 804 (Boynton Beach Blvd.) 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 RESOLUTION ON MOTION of Commissioner seconded by City Commissioner , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 804 (Boynton Beach Blvd.), Item/Segment No. 4358041, Section 93200-2550, in Palm Beach County, Florida: and WHEREAS,it is necessary that certain easement rights now owned by the City of Boynton Beach, Florida,be subordinated to the rights of the State of Florida Department of Transportation; and WHEREAS, said subordination is in the best interest of the City; and WHEREAS, the State of Florida Department of Transportation has made application to said City to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of City Commissioners of the City of Boynton Beach, Florida, that the application of the State of Florida Department of Transportation for a subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation,in the City of Boynton Beach,Florida,Florida, should be drawn and executed by this Board of City Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Fort Lauderdale, Florida 33009. Page 6 of 7 Page 759 of 1066 STATE OF FLORIDA CITY OF BOYNTON BEACH I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of City Commissioners of the City of Boynton Beach,Florida, at a meeting held on the day of , 20 Print Name: Clerk, Board of City Commissioners City of Boynton Beach,Florida Page 7 of 7 Page 760 of 1066 P. F.ASEIEN'T 194 "THIS NDENTURE made this IRth day of April, A.D., 2400, by Anderson Stor-Ali, Inc. on behalf of Stor-Art. Ltd. a corporation existing under the taws of Florida and having its principle place of business at 1375 West Hillsboro Boulevard,Deerfield Beach.171,33442, first part,tot he City of Boynton Beach,a political subdivision of the State of Florida,a second party: (Wherever used herein,the terms, "first part/ shall I include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) i W[TIS IESSFTH Whereas. the first party is the of,-mer of property situate in Palm Beach County. Florida. and deccribcd as foliows: t i PCN 08 43 45 20 00 000 0082 I.egatl Description: Sec attached Exhibits"A"and "B" and. WIIE~REAS, the sixond party desires an easement for water utilities and/or other appropriate puq*= incidental thereto.on,over and across said proprrty, and, WI IEREAS,the first party is wilting tog rant such an easement, NOW, THEREFORK for and in consideration of the mutual covenants each to the,other running and one dollar and other good and valuable considerations,the first party does: hereby grant unto the party of the second part, its successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby scant a perpetual easement on, over and across the above described property for said purposes. Page 761 of 1066. 8 p� ry On 1 1 ,I IN WITNESS WHEReDFthe first party has caused these presents to be duly exewAmd in its name and its corporate seal to be hereto a1bad, attested by its proper otrwra thereunto duly authorized,the day and year first above written. Sorted, sealed and delivefed In the press of: T un terson Prudent j ATTEST. 94 S Larry W.Anderson,Vice President l _ E SEAL) krATE OF FLORIDA i COUNTY QP -L�— I HEREBY CERTIFY that on this dey,before erre,an otftcer duly authorized In the We and County akmsWd too WM admowled8ntertts, permnally appeared Jeffrey K Anderson&Lwq W.Anderson, wW1 Imowtt to me to be the Prudent and VIM Ptt3side d, vely.of the Corporation rmned as first patty in the foregoing Easement aetd that toy severstly admovdedmd executina the same In the same in the presence of two abscdbing witnesaes fray an votuntenly, under authority duly vested in them by said Cotporstlon, and that the seal alY nd tereto is the true omporeft Mai of said Corporation. 1 my hand and o fficlal seal in the County and State Iasi atoresaid this day of-4&L-L— D.,20AL-, Notary Public in snJ for the �• SMS and COw*aforesaid. Aly=M*sOn evkw.. SNAROM w" DWI TQ$A uor�r Page 762 of 1066 L - - FDESCRIPTION .e; 19367 BEINGA PARCEL OF LAND t 8. SECTION ! ACCORDING OF TOWNS141P 45 SOUTHTOWNSHIP RECORDED IN T 1. PUBLIC FLORIDA. 1 BEING DESCRIBED FOLLOWS- COMMENCINGT THE SOUTHEAST CORNER OF SAIDSECTION NORTH 01'034'01" ® ® 1" WEST. LINE OF SAiD SECTION DISTANCE OF 656.64 FEET TO THE NORTHEAST CORNER OF SAID LOT iSOUTH 88008'08" 1_ T LINE t T ®1 OF .1 THENCE f1 THE EAST 1GHT—OF—WAY LINE OF INDUSTRIAL AVENUE. AS SHOWN ON THE PLAT OF BOYNTON INDUSTRIAL RECORDED 8PUBLIC !DA: THENCE SOUTH 1" `T R 1 r i `f COUNTY.LINE, A DISTANCE1.00 FEET TO THE POINT OF BEGINNING jPARCEL TO E i N DISTANCE EAST. A .1 R THENCE SOUTH 01034'4,2" EAST. A DISTANCE .TT CTHENCE R.NCE T T H 86026C°11°` DISTANCEOF THENCE SOUTH ®f " WEST. A $ a .1 POINT 7.48 FEET® f GHT— LINE OF SAIDINDUSTRIAL 01034'41" WEST iALONG SAID1 LINE. A DISTANCE NORTH 88025'18" C EAST. DISTANCE6; f THE:NCE NORTH 01034'42" ® A DISTANCE OF 1 e THENCE NORTH a8102154811 EAST. 1 DISTANCEOF t E1. 1T01-34042" EAST. A FEET:57.81 THENCE NORTH , ®® 1 THENCE NORTH ® FEET.A DISTANCE OF 14.99 I THENCE NORTH A DISTANCE 88025'18" EAST, WEST° 12.00 SOUTH"NCE 01- 34'42" ® r ! `o T FEET; 88'025'18" EAST. A DISTANCE OF 127.19 ® THENCE NORTH 01'034'42" WEST. A i DISTANCE 19.99 °1 " EAST. A DISTANCE 12.01 FEET: THENCE NORTHr ° A DISTANCE SOUTHTHENCE 1DISTANCE11 C R THEWCE SOUTH 88008606" I DISTANCE .17' T ! _ _ C ' OF gl INDUSTRIAL : THENCE NORTH 01134'41" WEST. ALONG ! WEST RIGHT—OF—WAY LINE. A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING t 1 3 i i r 9 ad B ° SWE 100 . t ENT — _ 2045%. BOYNTON BEACH STM-ALL so= OVA L 2000 PFAL Fa 24201 T '_ - Fa __' 661 SURVEYORS NOTES. Ont i 785 Pg i 868 1• NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE 2. BEARINGS AS SHOWN ARE BASED UPON THE EAST LINE OF SECTION 20. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA HAVING A PLATTED BEARING OF NORTH 01034'01" WEST AND ALL OTHER SEARINGS ARE RELATIVE THERETO. r i .1 t 1 LEGEND FND DENOTES FOUND IRSC DENOTES IRON ROD AND CAP U.E. DENOTES UTILITY EASEMENT t DENOTES CENTERLINE P.I. DENOTES POINT OF INTERSECTION D DENOTES DESCRIBED M. DENOTES MEASURED P.Y. DENOTES POINT OF TANGENCY D.E. DENOTES DRAINAGE EASEMENT P.B. DENOTES PLAT BOOK P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING O.R.S. DENOTES OFFICIAL RECORD BOOK UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL- RAISED SEAL OF A LICENCED SURVEYOR AND MAPPERp•THIS;*.DRANNG, SKETCH PLAT OR MAP IS FM,!'(FQRMATft*L PURPOSES ONLY AND IS NOT v�41�,©., -4• GATE: 4 ! 00� w . 2 2 tr Y. PR%zF2S5l0NC`SURVEYOR AND MAPPER FLORIO•A-C10TWIC,4TE NO. 5619 Llandm [t Sxvaofi g hic—100 Tama Hu OM&EWSA wft Ica SKETCHI OF PMU ems,. 1% 334M > CNI �-54M UTILITY EASEMENT FICLM WA oaa ft TRm soma N.TS. BOYNTON BEACH $TOR-ALL sm NIA V; UM 2000 ML Mt 1420 PAM wA PUSEW e+WU 242OVE SNEEr No• 2 OF 4 JOB Na. -s6-i •2410 Page 764 of 106. DM 1 1?8S Pg 1869 SKETCH ONLY NOT A BOUNDARY SURVEY N.E. CORNER LOQ' 8 LOT 7 20/45/43 SUBDIVISION OF E. V4 OF (PLAT BOOK L PAGE 41 SECTION 20/45/43 (PLAT BOOK 1. PAGE 4) S or34'4r E s aaoos'08" W 329.17' 1.00'(D) - 6.I7 (4) N.LINE LOT 8 P 0.8. t s 88°08'OS"ws 20/49/43 44.17'{W [ `a_j (PLAT BOOK t. PAGE 41 1 xt pr. �o INS 232.08' (D) { a� — N 88°25`11" E.«._e— j 71 W "'- I 12.00' (D) is L----23-- IDI zl � i EAST R/W LINE S 8802611" W I (J1 ERDUSTRIAL AVE. �o 12w I (PLAT BOOK 25,PAGE 2321 w�of oy D CA 4�i rn 1— z P �1 FD LOT Q � c z D Poo P {PB. 1,PG. 41 N 880tZ!Ol$'(OE) 1f a a � Fa � N01834.49., w i ro 19.99 1D) ) ( a z .. < rJ rn O u $ 28.17(0}W D MATCH TO -� SHEET 4 OF 4 ( SOUTH LINE I SECTION 20/45/43 SOUTHEAST CORNER OF MOTE: SECTION 20/45/43 DRAWING NOT TO SCALE Landt'rlal k Surv#34rq 80 MappN Fm— SKEM OF rasa eanaaam, siarl: 100 OW PXM ate. FL 33M : ss,) 6u-s+os UTILITY EASEMENT MiA - TRASK Sam @LTs. BdYNTON BEAC" STAR-ALL 800�h N/A �04& Z"W :RM AlE Z4ZQ ui 2420K $MEET IPG. 3 OF 4 N0. 0 ,§KETCH ONLY NOT A BOUNDARY SURVEY 1�RB i i780 P9 187 l I i i i LOT 8 20/45/43 (P8, t. PG, 4) N 01034'42" W S 01°34'42" E 14.99' (D) 19.99' (D) Z N 8625'16" E N 88°25'38" E {(' j r. O tl.00 (0) 12.00 (D) i mCN OIG34'42" W S 01034'42" E to E ro19.99' (D) _ 14.99 (D) X 1 r— 55Q 7' {01 N 88 2518 E 86*2 ' 8' . N 8B 25'18" E J L . L N 88°25'18' E 4 Lr—r---��—--�e 1r S VV 2J'�G��f1 288.17' CO) I MATCH TO N 01'34'41" W LOT 8 SHEET 3 OF 4 12.00' (0) 20/45/43 (PB. 1, PG. 4) 1NOUSTRIALINE A E. . (PLAT 1300K 25.PAGE 232) NOTE: DRAWING NOT TO SCALE I= FORM NU BOUWOM SWE 100 O M ate.a xuas UTIUTV EASEMENT PlIO�tE :��+ssa—s,oe �: K,a KT& BOYNTON BEACH STOR—ALL smL. WA atm IRON.iew— Pau nu ?AZO FOAM M1a d¢Otme PIISiEY Cmo%t l4*cm SHEET s o. 4 OF 4 JU NO. Page 766 of 1066' DESCRIPTION t1R8 1 1775= PU 1871 a A PARCEL OF LAND BEING A PORTION OF THE EAST ONE QUARTER OF LOT G. SECTION 20. TOWNSHIP 45 SOUTH. RANGE 43 EAST. ACCORDING TO THE MAP OF TOWNSHIP 45 SOUTH ,2ND TOWNSHIP 46 SOUTH. RANGE 43 EAST. AS RECORDED IN PLAT BOOK 1. PAGE 4. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20: THENCE NORTH Otc34'0I" WEST. ALONG THE EAST LANE OF SAID SECTION 20. A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF ! STATE ROAD 604 (BOYNTON BEACH BOULEVARD); THENCE SOUTH 881D06'29" WEST. ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 50.21 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUE SOUTH 8806'29" WEST. ALONG SAID NORTH RIGHT—OF—WAY LINE. DISTANCE OF 12.00 FEET; THENCE NORTH OtO53'32" WEST. A DISTANCE OF f 158.54 FEET: THENCE SOUTH 8825'18" WEST. A DISTANCE OF 255.97 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF INDUSTRIAL AVENUE. AS SHOWN ! ON THE PLAT OF BOYNTON INDUSTRIAL PARK. AS RECORDED IN PLAT BOOK 25. I f PAGE 232. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH i 0IQ34'41" WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 12.00 ! FEET: THENCE NORTH 88'25'18" EAST, A DISTANCE OF 277.90 FEET: THENCE SOUTH 01053'32" EAST, A DISTANCE OF 170.47 FEET TO THE POINT OF - BEGINNING AFORE DESCRIBED. O DENOTES DESCRIBED P.B. DENOTES PLAT BOOK P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING PG. DENOTES PAGE SURVEYORS NOTES: 1. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE 2. BEARINGS AS SHOWN ARE BASED UPON THE EAST LINE OF SECTION 20. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA HAVING A PLATTED BEARING OF NORTH 01a3400I" WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO. UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A LICENCED SURVEYOR AND MAPPER. ,THI� DRAWING, SKETCH PLAT OR MAP IS FOR ItgFE'3R"T�(�NgL PURPOSES j ONLY AND IS NOT VALF�� �� r DATE: ------------------- CRAtG�SOI� V� .. PROFESSIdN. YO AN0 MAPPER FLORI C�R,t fI:S3DRYSWATE'NO. 5019 PROW LA[IIk1 k - SKETCH OF ! Imo F0mv HU tollItiG. "M MM Atka+.Ati W446 PHIMcss; 3406 DRAINAGE EASEMENT •mm WA mum name sett N.T.$, BOYNTON ®EACH STOR—ALL_ am N/A oft MA&to= 2420 MAL. WA OgLMfk Pt75E1► CUM 24204E SHEET HQ. I OF 2 .IOa w0. 46-t-2420 Page 767 of 106 �. _ -'SK CH ONLY NOT A BOUNDARY SURVEY A 170:3 00 P9 JL S7ie i �> i LOT 8 cl* ' �r 20/45/43 1 1 N� 1 (PS. 1. PG. 4) y � 1 277.90' (D) 1 v N BB02 "_E_ C S W25",5, 25'18° w 5 I D N Or 34'41" W Mj r 12.00' (D) N-� r D ` 1 '0 0 � to 1 1 1 LOT 8 a n 20/45/43 ;0 (PS. 1. PG. 4) Ana �• 1Ln1 4 Q i f D i P.O.B. ' { N. R/w ZINE N 01034;01° W 1 _ _ 40.00 (0) 29 W S 88806'29" W S 98°t)6 .. 50.21' (D) 12.00' (0) 1 SOUTH LINE SECTION 20145/43 _ _ SR. 1504 (80YNTON BEACH BLVD.) SOUTHEAST CORNER OF SECTION 20/45/43 NOTE: DRAWING NOT TO SCALE Landmark Survq jhV Mqpptng Im SKETCH OF sero MEW ML BOULEVARD.SURE $00 inm PALM 8ECKFL=4" PHONE : pati. -s.ar DRAINAGE EASEMENT tS 48 q/A gum now So"uE: I.T.S. BOYNTON BEACH STOR-ALL @am "ta aoM WAR.2000 PA"nK 242 FgOE: N/A MM FW COME 24200E SNEET No. 2 OF 2 joo NO SB-L - 1420 Page 768 of 1066.E ON 11785 P 1873 • NDM1f7I �L Pq MR7R1{T FL CONSENT AND JOMER OF MORTGAGEE FOR UTILITY EASEMENT The undersigned mortgagee does hereby join in and consent to the granting of the Utility Easement to which this Consent and Joinder is attached, across the lands therein described, and agrees that its mortgage, which is recarded in Official Records Book 11629, Page 1994 of the Public Records of Palm Beach County, Florida, shall be subordinated to this Utility Easement. IN VIriTNESS WHEREOF, the GrantorfMortgagee has hereunto sct its hand and affixed its seat as of the date first above written, WITNESSES: ORAIN'TOR/MORTGAGEE: Signed,Seated and delivered BANK OF AMERICA,N.A. 1 In the presence of: By: - Wi Signature Carol C. Bergen,AV c� is Int:v __ W tness mature i l rirtt Name NOTARY CERTIFICATE STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was hereby acknowledged before me thisQQyday of April. 2400.by Carol C. Horgen,as Assistant Vice President of Bank of America, N.A., who is personally known to me or who has produced as idents Icat3on. —0 Typed, Printed or Stamped Name of Notary \-4y Commission Expires: ?k Pam Wee GVM8:0cW*1XM �ortapolhgt Etp�ry P16fiCIM0911AABn Page 769 of 1066: ..... ...... (boa-o7-1 Int DRAINAGE EASEMENT THIS DRAINAGE UTILITY EASEMENT("Easement") is granted and entered into this Fn day of ,2002,by and between STOR-ALL, LTD.,a Florida limited partnership, having an address it 1375 West Hillsboro Boulevard,Deerfield Beach, Florida 33442("Grantor'' and The City of Boynton Beach, Florida("Grantee"). (WHEREVER USED HEREIN. THE TERMS "GRANTOR" AND "GRANTEE" INCLUDE ALL THE PAR'T'IES TO THIS INSTRUMENT ANI)THE HEIRS,LEGAL REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS ANTD THE SUCCESSORS AND ASSIGNS OF LEGAL ENTrI'IES,WHEREVER THE CON"I'F.XT SA ADMrrS OR REQUIRES.) 0 RECITALS : M i A. Grantor is the owner of a certain parcel of real property more particularly described on Exhibit "A" attached hereto and incorporated herein ("Grantor Property'/, which Grantor Property includes the property described on Exhibit"B"attached hereto and made a part hereof forms a part(the"Easement Arca"). m B. Grantee desires to obtain from Grantor and Grantor desires to grant to Grantee a perpetual,nonexclusive easement for the construction,installation,maintenance and operation of a retention area upon the Easement Area. 1 NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby d declare and agree as follows: 1. Recitations. The recitations set forth above are true and correct and are incorporated herein by this reference. 2. Grant of Easement, Grantor hereby grants and conveys to Grantee, a perpetual non- exclusive casement ("Easement") over, across, under and upon for the Easement Area for the construction, installation,maintenance and operation of a retention area. 3. Reservation ofRi hits;. Grantor hereby reserves all rights not herein granted pursuant to this Easement, including but not limited to,the right of free ingress and egress.over and upon the Easement Area and to grant further casements under,over and on the Easement Area. 4. Indemnification. The Grantee agrees to indcmnitj and hold the Grantor harmless from all lost,cost,damage and/or claim incurred in conjunction with use of the Easement Area by the Grantee,its employees,agents and/or contractors. Without limiting the generality of the foregoing, the Grantee agrees to indemnify and hold the Grantor harmless with respect to any hazardous substance(s)which may be placed upon and/or migrate and/or flow upon the Easement Area and 1 Aphl". .2002 FrL:954562:3 Page 770 of 106 BOOK 13766 PAGE 0164 the Grantee shall be responsible for all costs associated therewith including,without limitation,any j cleanup'costs. The indemnity set forth herein shall include,without limitation,reasonable attorneys fees and costs through all trial and appellate levels and past judgment proceeding and survive the transfer of the Grantor Property by the Grantor. I 5. Notices. if a party desires telt give notice to the other,such notice shall be in writing and addressed to the party for whom it is intended at the address shown above. The notice may be deposited in the United States mail, certified or registered mail, return receipt requested with postage prepaid or sent by Federal Express or comparable ovemighLmail service. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice. 6. Approval, The Grantee acknowledges that any improvements placed upon the Easement Arra may obstruct the visibility of the Grantor's Property from Boynton Beach Boulevard and,thus. any improvements placed upon the Easement Arca by the Grantee shall he limited to aluminum fencing substantially similar in quality and appearance as that utilized by the Grantoron the Grantor Property. Therefore,prior to placing any improvements upon the Easement Area(which shall be limited to fencing), the Grantee shall submit the proposed plans for such improvements to the Grantor for the Grantor's approval,which approval shall not be unreasonably withheld provided such do not obstruct the visibility of the Grantor's Property and provided the fencing is aluminum and substantially similar in quality and appearance as that existing on the Grantor's Property. Without limiting the generality of the foregoing,the only improvements which the Grantee shall make upon the Easement Area shall be in accordance with the Drainage Plan prepared by Kimley- Horn and Associates dated June, 2001 under Drawing No. 044349000. 7. GOVernin _Law and Selection of Forum. This agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. Maintenance. The Grantee shall be responsible to maintain and replace all improvements and landscaping on the Easement Area. In conjunction with the foregoing, the Grantee must maintain the Easement Area including all sod and landscaping in good condition and repair. 9. Puration. Except as set forth in paragraph 10 below,this Easement shall be perpetual in duration and may only be altered or canceled by written instrument executed by Grantor and Grantee. 10. Resolution. The resolution adopted by the Grantee attached hereto and made a part hereof as Exhibit "C" is a material inducement for the Grantor to grant this Easement to the Grantee. 11. Bindinv Effect. The provisions of this Easement shall be binding on the parties hereto and their respective successors. The Grantee shall not have the right to assign this Easement without the prior written consent of the Grantor. 2 April 29.21*2 F1 L:859562:J Page 771 of 1066 BOOK 13766 PAGE 0165 12. Captions. The captions and paragraph headings contained in this Easement arc for convenience and reference only and in no way define,describe,extend or limit the scope or intent of this Easement,nor the intent of any provision hereof. This Easement shall not be construed more strictly against either parry by virtue of the preparation of this Easement. 13. Counterparts. This Easement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Easement. IN WITNESS WHEREOF,Grantor has executed these presents the day and year first above written. Signed,seated and delivered GRANTEE: in the presence of: THE CITY OF BOYNITON BEACH,FLORIDA /Yl• By: S'gnature Printed Name: rZ " - 1 n Its: A Printed N e Signa e r rf riOVED AS TO FORM: Print d Name t,n•MORNLY GRANTOR: STOR-ALL, LTD. By: nd n Stor-All, Inc., General Partner �! . ature = Prined Name: ._- .Inc. i �;��_ ►,.�, r1 Its: _ StoFA f.td ted Name zS1 t Printed Name 3 May6.:W2 F rl.:R59562:3 Page 772 of I U STATE OF (,Z`yr 13.( `� -C�` GOOK 13766 PAGE 0166 SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me,an officer duly authorized in the State aforesaid and g y � g 'ng instrument edtn Abe oreme County y aforesaid to take acknowled c s, the tore was acknowledged of THE CITY OF BOYNTON BEACH, FLORIDY, w ersonai! ; known t me or who has produced as identification. rr,, K •L. WITNESS my hand and official seal in the County and State last aforesaid this day of CL ,2002. o ary Public WIms AVV 20.2W Typed, printed or stamped name of Notary Public My Commission Expires: STATE OF.& ) SS: COUNTY OF Qj' ) f HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowled en,s, the fpregoing instrument was a,*n?wlc4ged before me by Rh P VTr the of Anderson Stor-All, Inc.,t c general partner of Stor-AII. Ltd.,who is personally known to me or wIto-it as-produced• _ as identification. W TtESS my hand and official seal in the County and State last aforesaid this( day of 1 ,2002. Notary Public Typed,printed or stamped nihnc of Notary Public My Commission Expires: to=MADVANTACt Z:7 4 April 29.2002 FrL;859562-.3 Page 773 of 1066 BOOK 13766 PAGE 0167 dt LEGAL DESCRIPTION THE EAST QUARTER OF LOT S. SECTION 20. TOWNSHIP 45 SOUTH, RANGE 43 ACCORDING TO THE MAP OF TOWNSHIP 45 SK jTH. AN 4.P ALM III EACH EAST, ACCs 50UTH, RANGE 43 EAST, AS RECORDED IN PLAT 80 COUNTY PUBLIC RECORDS. ION 93640-2601 AND THAT PART LESS RIGHT-OF-WAY OF STATE ROA a E°G MOREOPPARTICULARLY DESCRIBED AS OF THE EAST QUARTER OF LOT 8. B FOLLOWS: COMMENCING ,AT THE SOUTHEAST CORNER INE OF SAIDt SEC�ON 20. A NORTH OI°34'01' WEST. AL : THENCE ONG THE fiA5 DISTANCE OF 40.00 FEET: THEN, NPIING OF THE PARCESOUTH 88*06'294 WEST-L Tot BE HEREIN E 106.75 FEET TO THE POINT OF OF DESCRIBED: THENCE CONTINUE'CURVATURE 06129" WEST OF A CURVE CONCAVE TO THE 202.19 FEET TO THE POINT OF ARC OF SAID NORTHEAST; THENCE NORTHWESTERLY I "ALONG RADIUS OF 20 00 FEET.4"THE EAST RIGHT-OF-WAY L114E F HAVING A CENTRAL ANGLE 0 DISTANCE OF 31.53 FEET TO POINT N BoyNTON INDUSTRIAL PARK AS RECORDED INDUSTRIAL AVENUE AS SHOWN IN PLAT BOOK 25. PAGE 232. PUBLIC RECORDS NG SAID EASTBEACH RGHT OFu WTA FCE NO LORIDA: THENCE NORTH 01°34 44 WEST ALRTH LINE OF INDUSTRIAL AVENUE. OF181.08C EET: TEN EE OF 45.71 ESOUTHN33 2550 E " A EAST. A DISTANCE EASTST.. A A DISTANCE OF 78.t1 FEET TO THE POINT OF BEGINNING AFORE DESCRIBED. Page 774 of 1066 7- LEGAL DESCRIPTION BOOK 13766 PAGE 0168 A PARCEL OF LAND LYING IN THE EAST ONE OUARTER OF LOT 8, SECTION 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE MAP OF TOWNSHIP 45 SOUTH AND TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1. PAGE 4. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20: THENCE NORTH 01°34'01" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S.A.L. RAILROAD . A DISTANCE OF 69.83 FEET; THENCE SOUTH 88025'58" WEST. A DISTANCE OF 29.91 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE SOUTH 88'06'28" WEST, A DISTANCE OF 51.35 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 57035'02" AND A RADIUS OF 14.50 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 14.57 FEET TO A POINT OF TANGENCY: THENCE NORTH 34018'31" WEST. A DISTANCE OF 57.82 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 62030'01" AND A RADIUS OF 24.94 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 27.20 FEET. TO A POINT OF TANGENCY: THENCE SOUTH B7055'11" WEST. A DISTANCE: OF 155.98 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST . HAVING A CENTRAL ANGLE OF 90033'07" AND A RADIUS OF 7.75 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 12.25 FEET TO A POINT OF TANGENCY; THENCE NORTH 01°34'42" WEST. A DISTANCE OF 112.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING A CENTRAL ANGLE OF 90000'00" AND A RADIUS OF 15.00 FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY; THENCE NORTH 88°25'18" EAST. A DISTANCE OF 39.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90000'00" AND A RADIUS OF 5.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 7,95 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01034'42" EAST. A DISTANCE OF 13.00 FEET; THENCE NORTH 880,25'18" EAST. A DISTANCE OF 46.00 FEET; THENCE NORTH 01'34'42" WEST, A DISTANCE OF 13.00 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 90000'00" AND A RADIUS OF 5.00 FEET: THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 7.85 FEET TO A POINT OF TANGENCY: THENCE NORTH 8825'18" EAST. A DISTANCE OF 172.09 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 90°00'00" AND A RADIUS OF 15.00 FEET: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 23.56 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01034'02" EAST. A DISTANCE OF 169.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL ANGLE OF 89040'30" AND A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 23.48 FEET TO -THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. NOTES: UNLESS THIS DOCUMENT REARS THE ,SIGNATURE 1. NO SEARCH OF THE PUBLIC RECORDS AND THE ORIGINAL RAISED SEAL OF A LICENSED WAS PERFORMED BY THIS OFFICE. SURVEYOR AND MAPP&.„*HIS DRAWING, SKETCH 2. BEARINGS AS SHOWN HEREON ARE BASED UPON PLAT OR MAP IS FOl:, IWQRMATIONAL P SES THE SOUTH LINE OF SECTION 20 ONLY AND IS NPT" oT VALID. , TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH DATE:5 COUNTY FL. HAVING AN ASSUMED C$A Pi EY •' BEARING OF S 88006'29+ W AND ALL OTHER BEARINGS PRO "IONAL SURV R MAPPER ARE RELATIVE THERETO. FLARIDA CERTIFIC 013019 Landmark Surveying do Mapping Inc. SKETCH Of +s50 FOREST HILL 9OULEVARO. SUITe loo WEST PALM BE1) 4 FL 405 RETENTION AREA AT - PHONE : (561) 433-5405 --_ L9 /4396 STOR-ALL INDUSTRIAL AVE. reA: N/A mom; TRASK SCALE! 1--50' *Oft: N/A o„TE; MAY 2002 PRU. M 2420 BOYNTON BEACH,FLORIDA PmzE N/A "CICED: PUSEYGDDnLE 2420POND SHEET NO I OF 2 JO N0 Page 775 of 106 IN Me BOOK 13766 PAGE 0169 - -- Dorothy •H. Wilken, Clerk - SKETCH ONLY NOT A BOUNDARY SURVEY I INDUSTRIAL AVE. 112. 0'!. - A= 3'07' A X9(r,o '00- L:12.25' . z 56 R7.75' ` i R■15.00' ma t I viC ' 4=90'00'00" Lrv"0 ' � L■7.85' - R■5.00' r+t ut i i S 01°34'42" E m 01 I og 13.00' Ln Co NC I at-% 13.00,N �' N 01034'42" W — 13.0a _ d=shoo'es`; R■5.00' CC:a y fn 1 .0 . . n I —4=62 'i C R=24.94'0 0 I x CD— �pJa ti ,, I I eN RETENTION; r; AREA; �„o =ST35'02" LEGEND n I L■14,57' I I P.O.C. ■ POINT OF = I CD R■14,50 I I COMMENCEMENT zcn1 -------------------•---' P.O.B. 2 POINT OF BEGINNING ro 41 o R/W ■ RIGHT OF WAY Ao -amu -- - ----- •� P.B. a PLAT 800K P.O.S. ■ 0 R.B. ■ OFFICIAL RECORD f _ A=90'0 40 a 9.90'30" L■29 56, BOOK w R■5,00 R=15.00 -- 169.47 N 01034'01" W S 88025'58"W S.A,L, RAILROAD R/W 69.83' 29.91' Landmark Surveying & Mapping Inc. SKETCH OF 1850 FOREST HILL BOULEVARD, SUITE 100 WEST PALM BEACH, -33406 405 PHONE : RETENTION AREA AT {{361) 4333-5405 lB /4J96 STOR-ALL INDUSTRIAL AVE. FK : N/A D■Awe: yi A SGY E: 1'.50' - -_ eBOYNTON BEACH FLORIDABMW; N/A art: MAY 2042 w�a. rtic 2420 rxt: N/A cffECKca PUS EY uoor�c 2420PON0 SKET N0. 2 1, 2 JCB NO. Page 776 of 1066 6.J. Consent Agenda 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Approve minutes from the November 14, 2022 City Commission Meeting. Explanation of Request: The City Commission met on November 14, 2022 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Minutes Commission Meeting Minutes 11-14-2022 Page 777 of 1066 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, November 14, 2022, at 6:00 P.M. Present: Vice Mayor Angela Cruz Daniel Dugger City Manager Commissioner Woodrow L. Hay Mike Cirullo, City Attorney Commissioner Thomas Turkin Maylee De Jesus, City Clerk Commissioner Aimee Kelley 1. Agenda Items A. Call to Order— Vice Mayor Angela Cruz Vice Mayor Cruz called the meeting to order at 6:04 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church Invocation was given by Pastor Ash. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Hay asked to pull 6D, and mentioned that he attended the Reggae Fest this past weekend. Commissioner Turkin asked to move 10A to after Public Audience, and pulled item 7A. He stated that he attended the Veterans Build, the Veterans Day Event, and Reggae Fest. Commissioner Kelley asked that the Advisory Board list stay on the agenda, so that they can see the vacancies. Vice Mayor Cruz announced the holiday activities coming up in Boynton Beach. Michael Cirullo, City Attorney, stated that he has a correction for item 12B. He said that it is supposed to say "Complete Streets" Project not "Extension" Project. He added item 12C to the agenda, for a request to have a shade session regarding the JKM litigation. Page 778 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Motion: Commissioner Turkin moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community and Special Events And Presentations A. City Manager Daniel Dugger will announce the reinstitution of the Police Athletic League (PAL) program. Daniel Dugger, City Manager, announced the reinstitution of the Police Athletic League Program into the record. He stated that you have to have credibility to have respect, and he mentioned promising to reactivate this, which is what is now happening. He introduced Reserve Officer Bill Tome. Mr. Tome stated that he is happy that he was entrusted to come back, and they promise to give a good program and to help the kids in the community. He said that they take the kids on trips to different areas of the country, and most of them have never even been on a plane. Commissioner Hay said that it is good to have Mr. Tome back ,and he is looking forward to working with the team, and this is good news for the community. B. Proclamation recognizing December 1, 2022 as World AIDS Day. Keturah Joseph, Faith Based CDC, will accept the Proclamation. Vice Mayor Cruz read the proclamation into the record. Gloria Goolsby, Director at the Boynton Beach Faith Based CDC, stated that they were awarded a grant from the Health and Humanity services, due to outreach in the community for minorities, and they service over 200 women in the community. She stated that Midway Healthcare services is new to Boynton Beach, and they provide assistance with testing for HIV/AIDS. Vice Mayor Cruz presented the proclamation to Ms. Goolsby. Commissioner Hay thanked Ms. Joseph and Ms. Goolsby for the work that they are doing. C. Recognize Deputy City Clerk Tammy Stanzione achieving the Certified 2 Page 779 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Municipal Clerk Designation. Renee Basel, Town Clerk for the Town of Gulf Stream, read into the record a recognition on behalf of the Florida Association of City Clerks and Palm Beach County Municipal Clerks Association. She congratulated Ms. Stanzione and read the history of the education and professional development needed in order to receive this designation. Maylee De Jesus, City Clerk, presented Ms. Stanzione with her Certified Municipal Clerk Plaque and Pin. Kathryn Matos, Assistant City Manager, congratulated Ms. Stanzione and stated that she is happy to have another Clerk onboard with a designation, and that she recently received her Bachelor's Degree as well. Commissioner Hay congratulated Ms. Stanzione and said that she is top notch. Vice Mayor Cruz congratulated Ms. Stanzione and said that every instance that she has worked with her has been very professional and positive. City Clerk De Jesus congratulated Ms. Stanzione and said that she is looking forward to supporting her in getting her MMC Designation, and she thanked Ms. Stanzione for being her right hand woman. 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) Harry Woodworth stated that the City did an outstanding job with communication during Hurricane Nicole. He said that we should have had more notice on the date change of the meeting. He mentioned that agenda item 61 is millions of dollars and should not be on the Consent Agenda. Susan Oyer, asked how there is money for Reggae Fest and not Pirate Fest. He commented that it was wrong to move this meeting. She mentioned that Officer Rick Ross passed away during Covid, and he was not memorialized. She spoke about the item that has two million dollars of overtime in the Consent Agenda. She said that she will start advocating for the White Roof Project again. Nancy Steward, owner of Festival Manage Group, thanked staff for their support with the Reggae Fest, and said that they look forward to coming back next year. Gloria Goolsby spoke about supportive housing that the Boynton Beach CDC has, and explained what they do. She commented on being able to help a lot of residents with 3 Page 780 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 housing. Angel (no last name given), with Midway Specialty Care, spoke about HIV, and said that they take all insurances and they help people who are positive to get treatment. She said that everyone should get tested on December 1St Ernest Mignoli, spoke about moving to Boynton Beach, and said that he was physically attacked by someone that works for the City. He stated that they did not communicate about the meeting change. Steven Grant spoke about the signs in the City at the entrances of Boynton Beach that are decades old and stated that it should be in next year's budget to have them replaced. He stated that on Future Discussion they have the American Rescue Plan Act, and that they should have a bike sharing program, because a lot of people use bikes as main transportation in Boynton Beach. He spoke about golf carts, and communication in the City. Virtual Hands- None. Commissioner Turkin mentioned that Reggae Fest was a private event, and they rented out the venue from the City. He stated that all 5 of them are attending the National League of Cities Conference, so tomorrow is a travel day and there would be no quorum. He mentioned that there should be a memorial for Rick Ross. Mr. Dugger spoke about Mr. Ross and said that he had a big reach in the City and he passed away from Covid in 2020. He said that Mr. Ross definitely needs to have his legacy lives on. 10A-Discussion on changing Sister Cities, requested by Commissioner Turkin. Jeanne Heavilin, President of Boynton Beach Sister Cities, stated that she is the President of the Boynton Beach Sister Cities. She spoke about the history of Sister Cities, and visiting a few of the cities that Boynton Beach supports. She gave some facts regarding the international organization. Commissioner Turkin stated that the question is what is the process to switch a sister city. Ms. Heavilin stated that sister cities are usually not dropped and spoke about adding a new sister city under the program and what the process is. There was discussion during someone taking a leadership role and a chair that will take on the new City; removing sister cities; and exploring a different sister city. Commissioner Turkin stated that he would like to dissolve the sister city with China, and he would take on the leadership role with a new city. 4 Page 781 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Steven Grant, former Mayor, stated that he attended the Sister Cities Conference and they are still meeting with Chinese counterparts, and that he would be happy to help draft a letter with the sister city and have a conversation instead of dropping them. He said that he agrees on expanding their reach to other parts of the world. Commissioner Turkin stated that the recommendation would be to move Qufu, China to a dormant state. Commissioner Kelley spoke about the prior connection with Qufu, and said that she is not opposed to making this a dormant city, and taking on another city. Commissioner Hay stated that we are promoting peace around the world and we should be adding more rather than removing or changing one. He said that he would support the idea of touching base with them, through our legal department. He commented that we should not politicize this, because we may not like the leader, but the people are good. He stated that we should explore the opportunities before cutting it off. Ms. Heavilin stated that they do receive artwork from students in Qufu, China. There was discussion regarding having making Qufu, China a dormant city, and looking into other potential cities. Attorney Cirullo commented on the next steps. Motion: Commissioner Turkin moved to send a letter to place Qufu China into a dormant status and explore new cities. Commissioner Hay seconded the motion. Commissioner Hay asked if we can explore other cities first and then place Qufu in a dormant status. There was further discussion regarding clarification on placing a city into a dormant status. The motion passed unanimously. Mr. Dugger asked if we want to explore new cities. There was discussion regarding the process to choose new cities, and the Commissioners agreed to work with Boynton Beach Sister Cities to figure out what cities can be requested. 5. Administrative 6. Consent Agenda 5 Page 782 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 A. Proposed Resolution No. R22-162 -Authorize the City Manager and Police Chief to sign all documents associated with the grant agreement to accept the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. B. Proposed Resolution No. R22-163 -Authorize the City Manager and Police Chief to sign all documents associated with the grant agreement to accept the Florida Department of Transportation (FDOT) Occupant Protection Grant subject to the approval of the City Attorney. C. Proposed Resolution No. R22-164 - Approve and authorize the Mayor to sign a traffic enforcement agreement with Boynton Village Community Development District. D. The Police Department is seeking approval to re-allocate the gun buy back gift cards to the Shop with a Cop Program. E. Proposed Resolution No. R22-165 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development LLC for the 51st Annual Holiday Parade on Saturday, December 3, 2022. F. Proposed Resolution No. R22-166 - Approve and authorize the Mayor to sign the Second Amendment to the Homeless Resource Center Interlocal Agreement with Palm Beach County. G. Proposed Resolution No. R22-167 - Approve and authorize the Mayor to sign a Purchase and Sale agreement between the City of Boynton Beach and Nicholas Malinosky for a vacant parcel located at SE 21st Avenue. H. Approve the Vehicles/Equipment submitted by Public Works/Fleet Maintenance for disposal possibly using various means such as JJ Kane on-line auction and GovDeals.com. I. Proposed Resolution No. R22-171- Amend the FY2021-22 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for various Departments or Fund Operating and Capital Budgets. J. Legal Expenses - September 2022 - Information at the request of the City Commission. No action required. K. Approve minutes from the November 1, 2022 City Commission Meeting. 6 Page 783 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Commissioner Hay pulled items 6D and 61. Motion: Commissioner Kelley moved to approve the consent agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 6D- The Police Department is seeking approval to re-allocate the Gun Buy Back Program gift cards to the Shop with a Cop Program. Commissioner Hay stated that this is a great program, and commented on the kid that he worked with last year during the program, and how he bought for his siblings instead of for himself. Joseph DeGiulio, Police Chief, stated that the cops have more fun with this than the kids. He stated that they are trying to have more Shop with a Cop opportunities, such as in the beginning of the school year, and increase the amount of kids that are supported. He said that reallocating these gift cards will allow them to help more kids. Commissioner Hay spoke about how great this program is and he thanked the Chief. Commissioner Turkin stated that he loves this program and would love to be involved. He agreed on expanding the program to the beginning of the school year. Commissioner Kelley stated that she has been personally involved and all of the kids always want to buy for their families. She said that she loves the idea of Shop with a Cop at the beginning of the school year, for school supplies. Chief DeGiulio Dec 6t"at the Walmart on Old Boynton, 7t"at Target, and 8t"at the Walmart on South Federal Highway. Vice Mayor Cruz said that this is a great program and she allocated some of her community funds towards this. Motion: Commissioner Hay moved to approve 6D. Commissioner Turkin seconded the motion. The motion passed unanimously. 61-Proposed Resolution No. R22-171- Amend the FY2021-22 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for various Departments or Fund Operating and Capital Budgets. Mara Frederiksen, Director of Financial Services, explained the year end budget, and the increase in expenses. She stated that although the expenditures increased, so did the 7 Page 784 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 revenues. Motion: Commissioner Turkin moved to approve Resolution No. R22-171. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over$100,000 A. Proposed Resolution No. R22-168- Approve and authorize the City Manager to sign the Master Services and Purchasing Agreement and Addendum for the sole source purchase of equipment and services for Axon Enterprises, Inc in the amount of $2,975,499.49 over a 60-month contract term. B. Proposed Resolution No. R22-169- Approve and authorize the Mayor to sign the Subrecipient Grant Agreement No. H0861 with the Florida Division of Emergency Management Agency (FDEM) Hazard Mitigation Grant Program (HMGP) in the amount of $246,832.50 for the City's Watershed Management Plan. C. Approve sole source purchase of a new Lime Slaker System for $187,750 from Integrity Municipal Systems, Inc.to replace Lime Slaker#3 at the East Water Treatment Plant. D. Approve Task Order No. UT-A-03 with Carollo Engineers in the sum of $377,326.00 for Structural, Filtration and Disinfection Improvements at the East Water Treatment Plant. E. Approve Amendment No. 1 to Purchase Order No. 210605 with Carollo Engineers in the amount of $137,022.60 for professional engineering services required for the Rehabilitation of the Oceanfront Park Wastewater Treatment Plant (Beach Plant). Commissioner Turkin pulled item 7A. Commissioner Hay pulled item 7D. Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 7A-Proposed Resolution No. R22-168-Approve and authorize the City Manager 8 Page 785 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 to sign the Master Services and Purchasing Agreement and Addendum for the sole source purchase of equipment and services for Axon Enterprises, Inc in the amount of$2,975,499.49 over a 60-month contract term. Chief DeGiulio explained that the dash cameras that will be added to the Police vehicles, and he further explained what the other equipment is included. He said that all of these will make work more efficient for everyone. Commissioner Hay asked if all of the Officers have dash and body cameras. Chief DeGiulio responded that once this is approved, they will. There was discussion regarding the following: when the cameras turn on; if there are any penalties if the cameras are not activated when they are supposed to be; maintenance on the cameras; backup if a camera does not work; and unlimited storage. Motion: Commissioner Turkin moved to approve Resolution No. R22-168. Commissioner Hay seconded the motion. The motion passed unanimously. 7D- Approve Task Order No. UT-A-03 with Carollo Engineers in the sum of $377,326.00 for Structural, Filtration and Disinfection Improvements at the East Water Treatment Plant. Commissioner Hay asked for an explanation of the advantages with this. Poonam Kalkat, Director of Utilities, stated that it is not required, but they are going above and beyond to make sure that the water they have for the residents is great. She explained what this program is about. Commissioner Kelley asked if this will prevent the City from having potential viruses in the water. Dr. Kalkat spoke about this treatment helping to prevent viruses in drinking water and that they are meeting all requirements and this allows them to go beyond the requirements. Motion: Commissioner Hay moved to approve Resolution No. R22-168. Commissioner Turkin seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as 9 Page 786 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Local Planning Agency and City Commission. A. Proposed Ordinance No. 22-018 - Second Reading - Approve modifications (CDRV 22-005) amending the Part III LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-005), to include requirements for commercial frontage. First reading took place on October 18, 2022. Attorney Cirullo read the ordinance into the record. Amanda Radigan, Director of Planning and Zoning, said that there have been no changes since first reading. Vice Mayor Cruz opened the floor to Public Comments. Susan Oyer stated that there were poor visuals and she does not like the way it was thrown together. She said that this is a good time to have a Citizen's Advisory Board. She asked them to table this and have better examples. There were no virtual comments. Motion Commissioner Turkin moved to approve Ordinance No. 22-018. Commissioner Hay seconded the motion. Vice Mayor Cruz stated that this was created for mixed use properties to stay mixed use. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 22-022 - Second Reading - Approve modifications (CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS amending Chapter 2 Land Development Process, Article II Planning and Zoning Division Services, Section 1.F to allow for an expiration of abandoned applications and Section 7.G to establish a process for Zoning Interpretations and; Chapter 3. Zoning, Article II General Provisions Section 11 to create an exemption for City-owned telecommunication towers used for essential services and; Article III. Zoning Districts and Overlay Zones, Section 2.13 revising the parameters for permitted Administrative Adjustments; Article IV. Use Regulations, Section D, Footnote 23 to revise the regulations for industrial uses on arterial and collector roadways; Chapter 4. Site Development Standards, Article V. Minimum Off-Street Parking Requirements, Section 3.G to include a sustainable parking ratio for select industrial uses. First reading 10 Page 787 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 took place on October 18, 2022. Attorney Cirullo read the ordinance into the record. Ms. Radigan said that there have been no changes since first reading. Vice Mayor Cruz opened the floor to Public Comments. Susan Oyer objected to this and said that there is not enough citizen input. There were no virtual comments. Motion Commissioner Turkin moved to approve Ordinance No. 22-022. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business A. Discussion on changing Sister Cities, requested by Commissioner Turkin. This item was discussed after Public Audience. 11. New Business- None 12. Legal- None A. Proposed Ordinance No. 22-025 - First Reading - Approve an amendment to the Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building Milestone Inspection program. Attorney Cirullo read the ordinance into the record. Adam Temple, Assistant City Manager, spoke about the Building milestone inspection program as follows: purpose; regulatory comparison- Senate Bill 4D- Amendments, and proposed Building Milestone Program; geographical location of affected buildings; exceptions; recertification procedure; recertification procedure for affected structures; and management team. Commissioner Kelley asked that if this is enacted, how long do owners have to have their buildings inspected. 11 Page 788 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 John Kuntzman Chief Building Official responded that the notice will go out, and they will have a full year to have the inspection, then 6 months to provide the first phase 1 inspection, they will have another 30 days for phase 2. Commissioner Kelley asked how many buildings will need to immediately have this done. Mr. Kuntzman stated that most of the buildings were built in the 70's and 80's, so there will be a lot of them. Commissioner Kelley asked about impact on staff, and what plan they have in place to be able to follow up on these. Mr. Kuntzman explained the process for notification and communication. Commissioner Kelley stated that if there are issues with staff, that they communicate that with the Commissioners. Mr. Temple stated that this is a revenue fund, so if there are additional personnel needed, then they will come back to the Commission for a request. Commissioner Turkin stated that this is important and the more stringent approach is good. Commissioner Hay stated that the buildings on the east side of 195 take more of a beating from hurricanes, and asked if there are issues with having funds to repair something, what will happen. Mr. Temple spoke about penalties, and about the state bills that will help in regards to funding. Commissioner Hay asked if there are new requirements that the old buildings need to comply with. Mr. Temple stated that everything being built right now has to be built under the current Florida Building Code. He explained that this will not require the older buildings to bring their buildings up to the current standards. There was discussion regarding buildings on the ocean, and buildings that were built under different codes. Vice Mayor Cruz thanked Staff for being proactive and stricter. Motion 12 Page 789 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Commissioner Turkin moved to approve Ordinance No. 22-025, on first reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Resolution No. R22-170 - Authorize the Mayor to sign a First Amendment to the Interlocal Agreement with Boynton Beach Community Redevelopment Agency to provide an additional $500,000 in funding for the construction of the Boynton Beach Boulevard Complete Streets Project. With the Amendment, the CRA will now fund up to $1.5 Million. The Adopted FY 2022/2023 budget for the 302 Fund will be amended from $4,921,527 to $5,315,527. Attorney Cirullo stated that there was a correction to the name of the project in the heading, that it should say "Complete Streets" not "Extension." Vice Mayor Cruz read the resolution into the record. Commissioner Kelley asked for clarification that this is being added due to potential cost, but it is not official. Mr. Guzman stated that it was in the contingency fund in June 2020 and they anticipate the cost to be higher. Motion Commissioner Hay moved to approve Resolution No. R22-170. Commissioner Turkin seconded the motion. The motion passed unanimously. 12C- Request for a Closed-Door Session regarding the JKM Case. Attorney Cirullo requested a closed-door session regarding JKM and read the title into the record and who will be there. Commissioner Kelley asked about the status of the E21L closed-door session. Attorney Cirullo responded that they are working on rescheduling that. 13. Future Agenda Items A. Report by Poonam Kalkat, Director of Utilities and Mario Guzman, Director of Public Works on the status of infrastructure within the City. - December 6th, 2022 B. Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor 13 Page 790 of 1066 Meeting Minutes City Commission Meeting Boynton Beach, FL November 14, 2022 Cruz. - January 2023. C. Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. — TBD D. Discussion regarding the potential research into a coral reef at oceanfront park to attract tourism and help repair damage caused by humans to the environment, requested by Commissioner Turkin- TBD E. Proposed Ordinance No. 22-024 - First Reading - Approve modifications + F. to reduce building heights in MU-C and MU-4 Zoning Districts (CDRV 22- 004) amending Chapter 3. Art III. Sec 1. E Table 3-4. Mixed Use Urban Building and Site Regulations. (Tabled from October 18, 2022 Meeting - TBD) G. Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga -TBD H. Discussion regarding $50,000 in American Rescue Plan Funds to go to the Wounded Veterans Fund, requested by Commissioner Turkin -TBD 14. Adjournment Motion Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:15 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jes6s, MMC, MPA City Clerk 14 Page 791 of 1066 7.A. Consent Bids and Purchases Over $100,000 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 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 6, 2022 - "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). DECRIPTION SOLICIATION RENEWAL VENDOR(S) OF AMOUNT SOLICIATION NUMBER TERM City of November Annual Estimated Marcum, LLP formerly known as Financial Boynton 17, 2022 - Expenditure Caler, Donten, Levine, Cohen, Auditing Beach RFP November Porter &Veil, P.A. Services 072-1410- 16, 2024 $110,000 17/1 T Annual Estimated Pre- Expenditure uary Anzco, Inc.; Homrich Corp; RPM Qualification of City of Jan General Contractors, Inc.; Waypoint Contractors for Boynton 19, uary - As Needed by Various Contracting Inc.; E & F Florida Minor Beach RFQ January Departments within the Enterprises, Inc. dba Creative No. 028-2511- 18 2024 budget parameters (any Construction , Contracting Group Services 20/RW items over $199,999 will be brought back to Commission) How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Page 792 of 1066 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy-Backs Over $100,000 D Attachment Renewal Interest Letter - Marcum, LLP- 2022- 2024 D Attachment Renewal I nterest Letter -Anzco I nc. - 2023-2024 D Attachment Renewal Interest Letter - Homrich Corp. - 2023- 2024 Renewal Interest Letter - E&F Florida D Attachment Enterprises dba Creative Contracting Group- 2023-2024 D Attachment Renewal Interest Letter - RPM Generals Contractors, I nc.- 2023-2024 D Attachment Renewal Interest Letter - Waypoint Contracting, Inc. - 2023-2024 Page 793 of 1066 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 December 6, 2022 REQUESTING DEPARTMENT.FINANCE DEPARTMENT CONTACT. Mara Fredrickson TERM: November 17, 2022 to November 16, 2024 SOURCE FOR PURCHASE: City of Boynton Beach RFP No. 072-1410-1711T ACCOUNT NUMBER: Various City Departments VENDOR(S): MARCUM, LLP ANNUAL ESTIMATE. $110,000 DESCRIPTION: On November 7, 2017 City Commission authorized the City Manager by Resolution R17-111 to sign an agreement with Caler, Donter, Levine, Porter & Veil, P.A. of West Palm Beach, FL to RFP No. 072-1410-17/IT for Financial Auditing Services. The Initial Term of the Agreement was three (3) years with the option to renew for two (2) two-year extensions with the same terms and conditions. Renew the agreement term from November 17, 2022 thru November 16, 2024. REQUESTING DEPARTMENT.FINANCE DEPARTMENT CONTACT. Kris teena Pinto TERM: January 19, 2023 to January 18, 2024 SOURCE FOR PURCHASE: City of Boynton Beach RFQ No. 028-2511-20/RW ACCOUNT NUMBER: Various City Departments— CIPP and Operating VENDOR(S):Anzco, Inc.;Homrich Corp;RPM General Contractors, Inc.; Waypoint Contracting Inc.;E& F Florida Enterprises, Inc, dba Creative Contracting Group ANNUAL ESTIMATE.As Needed By various departments within the budget parameters (Any items over$199,999 will be brought back to Commission). DESCRIPTION: On January 19, 2021, Commission awarded contracts to four (4) primary contractors, Anzco, Inc., Homrich Corp, I.Q. Constructions, Inc., and RMP General Contractors, Inc. And three (3)alternate contractors, E& F Enterprises dba Creative Contracting Group, CH Global Construction, and Waypoint Construction Group based off of the RFQ 028-2511-20/RW for Pre-Qualification of Contractors for Minor Construction Services. The Contract allows for an initial (1) year period with four (4) one-year renewal periods. I.Q Constructions, Inc. will not renew. Therefore, the 1St alternate E & F Enterprises dba Creative Contracting Group will move to the 4th primary contractor.All contractors have agreed to renew the contract for the 2nd one-year renewal term with the same terms and conditions. The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 19 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 October 18, 2022 Marcum, LLP Formerly known as Caler, Donten, Levine, Cohen, Porter&Veil, P.A. Attn: Moises D. Ariza, CPA 505 South Flagler Drive Suite 900 West Palm Beach, FL 33401 VIA EMAIL TRANSMITTAL TO: Moises.Arizakmarcumllp.com RFP.: FINANCIAL AUDITING SERVICES RFP No.: 072-1410-17/IT CURRENT BID TERM: NOVEMBER 17, 2020—NOVEMBER 16, 2022 Dear Mr. Ariza: The current Agreement term for"FINANCIAL AUDITING SERVICES" expires November 16, 2022. The agreement documents allow for two (2) additional two-year extensions. The City of Boynton Beach would like to extend the agreement for its 2nd renewal for an additional two-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 prattt _bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Ila& Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 795 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 19 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 October 18, 2022 RFP:FINANCIAL AUDITING SERVICES RFP No.: 072-1410-17/IT Agreement between the City of Boynton Beach and MARCUM, LLP. AGREEMENT RENEWAL TERM: NOVEMBER 17, 2022—NOVEMBER 16, 2024 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional two-year term. No, I do not wish to renew the bid for the following reason(s) MARCUM, LLP NAME OF COMPANY SIGNATURE MOISES D.ARIZA PARTNER NAME OF REPRESENTATIVE TITLE (please print) OCTOBER 19, 2022 561.653.7300 EXT 9612 DATE (AREA CODE) TELEPHONE NUMBER Moises.Ariza@Marcumllp.com E-MAI L America's Gateway to the Gulf Stream Page 796 of 1066 he City ton Beach Boyni41 Boynton Beach, FL 33435 a P.O. Box 310 November 9, 2022 John Zak, President Anzco Inc. 9671 Carousel Circle S Boca Raton, FL 33434 VIA EMAIL TRANSMITTAL TO:izak&anzcoinc.com RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW CURRENT AGREEMENT TERM: JANUARY 19, 2022—JANUARY 18, 2023 Dear Mr.Zak.- The ak:The current agreement term for "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES"expires January 18, 2023. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 211 renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to pratttanbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561) 742-6308. Sincerely, Mara Frederiksen Director of Financial Services Tp America's Gateway to the Gulf Stream Page 797 of 1066 The City Boynton Beach Boyn6C�l z ff,Q�":E(S�,trr�vB�lL6 Boynton Beach, FL 33435 P.O. Box 310 November 9, 2022 RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and ANZCO INC. A7Yes, MENT RENEWAL TERM: JANUARY 19, 2023–JANUARY 18, 2024 I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) ANZO INC. NAME OF COMPANY ?;> . Z ��ioa�j 7— NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE NUMBER JZgK� 4u2coz�.,c-.c E-MAIL America's Gateway to the Gulf Stream Page 798 of 1066 The City o,f Rowiton Beach Finance/Procurement Services ` 100 E. Ocean Avenue ,< Boynton Beach,F!33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 November 9, 2022 RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20JRW Agreement between the CITY OF BOYNTON BEACH and HOMRICH CORP. AGREEMENT RENEWAL TERM: JANUARY 19, 2023—JANUARY 18, 2024 _A/Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) P j HOMRICH CORP NAME OF COMPANY SIGNAT^ E NAME OF PRESENTATIVE TITLE (please print) DATE (AREA CODE)TELEPHONE- NUMBER (- E-MAIL America's Gateway to the Gulf Stream Page 799 of 1066 The City of Boynton Beach Boynton Beach,FL 33435 A.O. Box 310 November 9, 2022 RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and E & F Florida Enterprises dba Creative Contracting Group. AGREE NT RENEWAL TERM: JANUARY 19,2023—JANUARY 18,2024 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) E & F FLORIDA ENTERPRISES dba CREATIVE CONTRACTING GROUP NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER �wkAl-e.s Oa E-MAIL America's Gateway to the Gulf Stream Page 800 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach,FL 33435 P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(551) 742-6310 November 9, 2022 RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and RPM GENERAL CONTRACTORS, INC. AGREEMENT RENEWAL TERM: JANUARY 19, 2023—JANUARY 18, 2024 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) RPM GENERAL CONTRACTORS, INC. &NAT NAME OF COMPANY hb-er-4- NAME OF REPRESENTA E TITLE (please print) 73-Y -7�S- DATE (AREA CODE)TELEPHONE NUMBER f r1 - .t E-MAIL America's Gateway to the Gulf Stream Page 801 of 1066 C0I 22-23 -City of Boynton Beach.pdf mailbox:///C:/Email/Profiles/dpmgtidg.default/Mail/mail.rpmg... RPMGENE-01 LVINCE'NT DATE(MMIDDIYYYY) '4 CERTIFICATE OF LIABILITY INSURANCE 7/z9/2022 �_- .. .. _..._ .._..�..._. .. �_ _..... _.. � ...v 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. ..... . .----- ....v -._..... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). _..... ...._F.,..., PRODUCER CONTACT Leah Vincent NAV&_....... . ...... ... .. Venture Insurance Partners,Inc 1 PHONEFAX 1003 W Indiantown Road ((AIC,No,Ext).(561)746-4514 IAI (561)746-6566 Suite 215 E-MAIL Ivincent@ventureinsurancepartners.com � Jupiter,FL 33458 l INSURERIS)AFFORDING COVERAGE NAIC# Y —....w.- . ..., INSURER A:Nationwide Mutual Insurance Com. an�y 123787 _1 INSURED INSURER B:Bridgefield Employers Ins Co RPM General Contractors,Inc INSURER C: 680 NE 26th Ct INSURER D Pompano Beach,FL 33064-5430 i !,_!q RER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ m __....,.... _--_w...,... ........ ..ww...... �...... 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 ADDLISUBR ----- - � � -POLICY EFF POLICYEXP y TI _ TYPE OF INSURANCE y WV mm POLICY NUMBER i blt�j�ty y� imrAZLr �y+}'YJ LIMITS _ A X COMMERCIAL GENERAL LIABILITY mm 1,000,000 EACH OCCURRENCE ( _ X OCCUR IACP5905628727 8/112022 8/1/2023 DAMAGE To RENTED 100,000 CLAIMS-MADE X X ! MED EXP,An?onel,erson S,000! PERSONAL.&ADV INJURY ..._ WIT7,000,OOO �GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S. 2'000'000 POLICY�X ECOT LOC PRODUCTS-COMPIOPAGG $„ 2'000,0001 OTHER: ._ Is I ED A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,OOO,OOQI E i7 ANYAUTO __ ACP5905628727 8/1/2022 8/112023 BODILY INJURY'Per nerson' a. OWNED SCHEDULED ` AUTOS ONLY _..'..AUUTOSS BODILY INJURY Per accident X AUTOS ONLY X NUN S ONLY , ! 1 PROPERTY DAMAGE .. A TO Per accidents �.,.w . _.....�. A X UMBRELLA LIAB OCCUR - EACH OCCURRENCE $ 4'000'000 EXCESS LIAB CLAIMS-MADE X X �ACP5905628727 6/112022 811/2023 AGGREGATE G 4000'000 rte—_ ._�«................... .e, .....,, 1 DED RETENTION$ ( $ PER ; I _ B WORKERS COMPENSATION 0TH- _, ER 'AND EMPLOYERS'LIABILITYYIN BEIC830-30696 12/9!2021 12/912022 "�� � � 1,000,000. ANY PROPRIETORIPARTNERIEXECUTIVE ❑ E.L.EACH ACCIDENT $ w OFFICERIMEMBER EXCLUDED? N/A ( 000,0001 (Mandatory in NH) E.L DISEASE EA EM_PLOYEH$- �'q__ If yes,describe under 1,000,0001 DESCRIPTION OF OPERATIONS below � __,_ �„_ ...m._ i E.L.DISEASE-POLICY LIMIT�, --_µv v, A Commercial Property ACP5905628727 8/1/2022 8!1/2023 Contractor Equip. 9,000 : DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more s ace is required) Inland Marine Coverage Includes;$70,000 Computer/$87,900 Blanket for Rental and Leased Property.�lanket Additional Insured,Waiver of Subrogation,and Primary Non-Contributory applies to General Liability as per form CG7323. Inland Marine Coverage includes:$70,000 Computer/$72,000 Blanket Limit for Rental and Leased Property Blanket Additional Insured,Waiver of Subrogation and Primary Non-Contributory applies to General Liability coverage per form CG7323. _ v.�..._. ......... ............... CERTIFICATE HOLDER _ _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City y ACCORDANCE WITH THE POLICY PROVISIONS. 100 E.Ocean Avenue Boynton Beach,FL 33435 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Paye 802 of 1066 1 of 1 10/1/2022,12:44 PM The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 November 9, 2022 Katrina Gonzalez, President Waypoint Contracting, Inc. 7955 NW 12 St Suite 400 Doral, FL 33126 VIA EMAIL TRANSMITTAL TO: kgonzalez&waypointci.com RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW CURRENT AGREEMENT TERM: JANUARY 19, 2022—JANUARY 18, 2023 Dear Ms. Gonzalez: The current agreement term for "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" expires January 18, 2023. Waypoint Contracting, Inc. is retained as the 3rd alternate to the City of Boynton Beach Minor Construction Services. The agreement documents allow for four(4) additional one (1)year extensions. The City of Boynton Beach would like to extend the bid for its 2nd renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to prattto_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k. a�.4 Mara Frederiksen Director of Financial Services Tp America's Gateway to the Gulf Stream Page 803 of 1066 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 November 16, 2021 RFQ: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and WAYPOINT CONTRACTING, INC. retained as the 31d alternate to the City of Boynton Beach Minor Construction Services. AGREEMENT RENEWAL TERM: JANUARY 19, 2023—JANUARY 18, 2024 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) WAYPOINT CONTRACTING, INC. 1'CA.iY'G42Ai r—!''fi,Gc�z NAME OF COMPANY SIGNATURE Katrina Frischholz President NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 804 of 1066 7.B. Consent Bids and Purchases Over $100,000 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Resolution No. R22-182-Approve and authorize the City Manager to sign a piggy-back Agreement for the purchase OT Cyber and Network Design Services from GrayMatter Systems, LLC of Warrendale, PA in the amount of$71,205 utilizing Collier County contract 17-7189 and Approve and authorize the City Manager to sign a piggy-back Agreement for the purchase of network equipment from GrayMatter Systems LLC of Warrendale, PA in the amount of$313,529.55 utilizing GSA schedule 47QSWA18D008F. The Collier County and GSA contracts comply with the City of Boynton Beach's competitive bid requirements. Explanation of Request: Collier County 17-7189: Contract Period: December 12, 2017—December 11, 2022 GSA Contract: 47QSWA18D008F: Contract Period: August 22, 2018—August 21, 2023 GSA Contract 47QSWA18DO08F was awarded to Carahsoft Technology Corporation. Carahsoft Technology Corporation has a participating dealer agreement with GrayMatter Systems, LLC that allows GrayMatter Systems, LLC to utilize Carahsoft Technology Corporation's GSA contract. The Utilities Department operational technology (OT) network is currently using network infrastructure that is end-of-life. The operational Technology (OT) network supports the Utilities Supervisory Control and data Acquisition (SCADA) systems. The new network equipment, design, and configuration will ensure that the Utilities Department (OT) network complies with OT network best practices. This purchase includes the networking equipment, licensing, 5-years hardware/software maintenance and support, and professional services to install and configure the equipment. Pursuant to Florida State Statue 119.0725, Agency cybersecurity information; public records exemption; public meetings exemption, the back-up material for this agenda item is not a public record. How will this affect city programs or services? The new network equipment will provide enhanced reliability, efficiency, and security to the Utilities Department's Operational Technology (OT) network. Fiscal Impact: This project is funded in the Utilities Capital Improvement Fund, account 403-5000-535.64-15 Project code UC2202. Alternatives: The City could issue its own bid request. Strategic Plan: High Performing Organization Strategic Plan Application: Page 805 of 1066 This agenda item helps maintain a high performing organization by protecting investment in network infrastructure equipment and keeping systems up-to-date. Failure to do so would have a negative impact on the use of internal computer servers and systems, and in turn, the services provided to the community. Climate Action Application: This agenda item has a net-zero impact on the climate. Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving two piggy-back agreements with GrayMatter Page 806 of 1066 1 RESOLUTION NO. R22-182 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING 5 AND AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY-BACK 6 AGREEMENT FOR THE PURCHASE OF OT CYBER AND NETWORK DESIGN 7 SERVICES FROM GRAYMATTER SYSTEMS, LLC OF WARRENDALE, PA IN 8 THE AMOUNT OF $71,205.00 UTILIZING COLLIER COUNTY CONTRACT 9 17-7189 AND APPROVING AND AUTHORIZING THE CITY MANAGER TO 10 SIGN A PIGGY-BACK AGREEMENT FOR THE PURCHASE OF NETWORK 11 EQUIPMENT FROM GRAYMATTER SYSTEMS LLC OF WARRENDALE, PA IN 12 THE AMOUNT OF $313,529.55 UTILIZING GSA SCHEDULE 13 47QSWA18D008F;AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the Utilities Department operational technology (OT) network, which 17 supports the Utilities Supervisory Control and Data Acquisition (SCADA) systems, is currently 18 using network infrastructure that is end-of-life; and 19 WHEREAS, the new network equipment, design, and configuration will ensure that the 20 Utilities Department (OT) network complies with OT network best practices; and 21 WHEREAS, GSA Contract 47QSWA18DO08F was awarded to Carahsoft Technology 22 Corporation which has a participating dealer agreement with GrayMatter Systems, LLC that 23 allows GrayMatter Systems, LLC to utilize Carahsoft Technology Corporation's GSA contract; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 25 the best interests of the citizens and residents of the City of Boynton to approve and authorize 26 the City Manager to sign a piggy-back Agreement for the purchase of OT Cyber and Network 27 Design Services from GrayMatter Systems, LLC of Warrendale, PA in the amount of $71,205.00 28 utilizing Collier County contract 17-7189 and Approve and authorize the City Manager to sign a 29 piggy-back Agreement for the purchase of network equipment from GrayMatter Systems LLC of 30 Warrendale, PA in the amount of $313,529.55 utilizing GSA schedule 47QSWA18D008F. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT: 33 S:ACA\RESO\Agreements\Piggy-Back Agmts With Graymatter(Network Equipment)-Reso.Docx Page 807 of 1066 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof. 37 Section 2. The City Commission hereby approves and authorizes the City Manager 38 to sign a piggy-back Agreement for the purchase of OT Cyber and Network Design Services 39 from GrayMatter Systems, LLC of Warrendale, PA in the amount of $71,205.00 utilizing Collier 40 County contract 17-7189 and approves and authorizes the City Manager to sign a piggy-back 41 Agreement for the purchase of network equipment from GrayMatter Systems LLC of Warrendale, 42 PA in the amount of $313,529.55 utilizing GSA schedule 47QSWA18D008F. A copy of each 43 Agreement is attached hereto and incorporated herein as Exhibits "A" and "B" respectively. 44 Section 3. This Resolution shall become effective immediately upon passage. 45 PASSED AND ADOPTED this 6th day of December, 2022. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 49 Mayor— Ty Penserga 50 51 Vice Mayor —Angela Cruz 52 53 Commissioner —Woodrow L. Hay 54 55 Commissioner —Thomas Turkin 56 57 Commissioner —Aimee Kelley 58 59 VOTE 6o ATTEST: 61 62 Maylee De Jes6s, MPA, MMC Ty Penserga 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 Michael D. Cirullo, Jr. 68 City Attorney S:ACA\RESO\Agreements\Piggy-Back Agmts With Graymatter(Network Equipment)-Reso.Docx Page 808 of 1066 8.A. Public Hearing - None 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Ordinance No. 22-025 - Second Reading -Approve an amendment to the Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building Milestone Inspection program. Explanation of Request: Based on Florida Statute 553.73 4(a), the State Legislature has enabled the ability of local jurisdictions, subject to certain limitations, to adopt amendments to the administrative provisions of the Florida Building Code (Chapter 1). Such "local" amendments may be more stringent than the minimum standards described by Florida Statutes and are to be transmitted to the State within thirty (30) days after being enacted. The local amendments typically address local issues and conditions that are unique and distinctive to each jurisdiction or within the corresponding County when coordinating efforts facilitate county-wide coordination and adoption of universal standards or processes. Accordingly, the City of Boynton Beach Building Division proposes to modify the city's local administrative chapter (Chapter 1) of the Florida Building Code. The proposed Building Milestone ("Recertification") Amendment and corresponding program is being recommended after a yearlong effort of coordination amongst all of Palm Beach County's Building Officials. The amendments are also consistent with Senate Bill 4-D that was passed during the 2022 Special Legislative Session and signed into law by the Governor of Florida. However, there are a few more stringent requirements that staff are proposing for the City and are highlighted below. The purpose of this new program is to maintain the structural integrity of buildings throughout its service life and to ensure that buildings are structural and electrical service system are sound so as to not pose a threat to the public health, safety, or welfare. Building Recertification shall be for the purpose of determining the structural & electrical service system of the building or structure to the extent reasonably possible of any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load, and the general condition of its electrical service system(s) pursuant to the Building Code. This inspection is not to determine if the condition of an existing building is in compliance with the current edition of the Florida Building Code, the National Electrical Code or Fire Safety Code. Structures Impacted: 1. Threshold buildings as defined in F.S. 553.71 within Boynton Beach City limits, by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. 2. Residential buildings within Boynton Beach City limits, that are three stories or more in height by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. Exceptions: 1. Single-family, two-family, three-family and Town homes with three or fewer habitable stories above ground. Page 809 of 1066 2. State or University and Palm Beach County School buildings. 3. U S Government, State of Florida, Palm Beach County and local municipal buildings. Differences between Senate Bill-4113 and Proposed Amendment: 1. Staff is proposing to include all threshold buildings/structures as defined in F.S. 553.71 and not just residential buildings. 2. Staff is proposing to not use two different milestone timelines based on distance from the coast and instead using 25-years citywide regardless of pro)amity to the coast. Recertification Program Procedure: 1. Owners of impacted structures will be notified by the Building Official no less than one year prior to their recertification anniversary that a Phase I inspection must be performed by a Registered Architect or Professional Engineer. 2. Within 90 calendar days of receipt of notice, the owner(s) must complete the Phase I milestone inspection. a. If during the Phase I inspection the licensed professional(s) determines that no substantial deterioration exists, then the Phase I inspection report shall be submitted to the Building Official for review. i. If the Phase I inspection report is submitted and determined to be in compliance, then the structure will be required to undergo a Phase I inspection every ten (10) years following their initial twenty-five (25) year milestone. b. If during the Phase I inspection the licensed professional(s) determines that substantial deterioration does exist and/or was identified, then a Phase I I inspection shall be performed and submitted to the Building Official for review. This Phase I I inspection may require more invasive techniques for determining whether the structure is structurally and electrically sound. i. If the Phase I I inspection report is submitted and determined to be in compliance, then the structure will be required to undergo a Phase I inspection every ten (10) years following their initial twenty-five (25) year milestone. ii. If the Phase I I inspection report determines that the structure or electrical system(s) require repair, then the licensed professional shall provide the Building Official a repair plan and schedule within thirty (30) days. The repair plan and schedule shall be subject to the review and approval by the Building Official. 1. The owner(s) will then have 180 days from the date of the report to permit and correct the structural and/or electrical service system deficiencies that an immediate threat to life, health, safety, or where failure of a critical component is imminent. c. Failure of the owner(s) to satisfy the Phase I or Phase I I requirements will result in enforcement action by the Building Official through the Special Magistrate. Upon adoption of this amendment, the Building Division will carry out public outreach to affected properties in order to bring awareness of this new law and associated requirements prior to the initial notifications. How will this affect city programs or services? I n the initial year of the program, most services will be administrative in nature and implementing the structure of how it will be managed. Fiscal Impact: No impact in the first year of the program, but may require additional staffing in future years. Alternatives: 1. Only adopt the minimum requirements as outlined by Senate Bill 4D. 2. Adopt more stringent requirements than those provided for in Senate Bill 4D. Page 810 of 1066 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Ordinance appro\Ang Amendment to the Boynton D Ordinance each Amendments to the Florida Building Code 7th Edition (2020) to add the Building Recertification Inspection Program D Amendment Boynton each Building Recertification Amendment D Attachment Senate Bill 4D (2022) D Attachment Boynton each Building Recertification Presentation Page 811 of 1066 I ORDINANCE NO. 22-025 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA;APPROVING AN AMENDMENT TO THE BOYNTON 5 BEACH ADMINISTRATIVE BUILDING CODE BY CREATING 6 SECTION 110.11.1 — 110.11.16 OF THE 7T" EDITION (2020) OF 7 THE FLORIDA BUILDING CODE TO CREATE, IMPLEMENT 8 AND ENFORCE A BUILDING MILESTONE INSPECTION 9 PROGRAM: PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission may 14 adopt amendments to the administrative provisions of the Florida Building Code to deal with 15 local issues and conditions that are unique and distinctive to each jurisdiction, subject to the 16 limitations in said statute; and 17 WHEREAS, the City of Boynton Beach has adopted the Boynton Beach Amendments 18 to the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; the 19 Florida Building Code 6t" Edition (2017) on December 19, 2017; and the Florida Building Code 20 7t" Edition (2020) on November 17, 2020; and 21 WHEREAS, the Boynton Beach Building Division proposes to modify the city's local 22 administrative chapter (Chapter 1) of the Florida Building Code to add the proposed Building 23 Milestone ("Recertification") Amendment and corresponding program which is being 24 recommended after a yearlong effort of coordination amongst all of Palm Beach County's 25 Building Officials; and 26 WHEREAS, the purpose of this new program is to maintain the structural integrity of 27 buildings throughout its service life and to ensure that buildings are structural and electrical 28 service system are sound so as to not pose a threat to the public health, safety, or welfare; and S:ACA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 812 of 1066 29 WHEREAS, the City Commission hereby approves and adopts an amendment to the 30 Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 31 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building 32 Milestone Inspection program; and 33 WHEREAS,as required by law, such amendments will be transmitted to the State within 34 30 days after this enactment of the amendments. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA, THAT: 37 Section 1. The foregoing whereas clauses are true and correct and are now ratified 38 and confirmed by the City Commission. 39 Section 2. The City Commission hereby approves and adopts an amendment to the 40 Boynton Beach Administrative Building Code by creating Section 110.11.1 - 110.11.16 of the 41 7th Edition (2020) of the Florida Building Code to create, implement and enforce a Building 42 Milestone Inspection program contained in Exhibit "A" which is attached hereto and 43 incorporated herein by reference. 44 Section 3. As required by law, these amendments will be transmitted to the State 45 within 30 days after this enactment of the amendments. 46 Section 4. That ordinances or parts of ordinances in conflict herewith be and the 47 same are hereby repealed, provided that in the event of a conflict with respect to the 48 administration of the building codes, existing administrative laws or rules of the City shall 49 control. 50 Section 5. Should any section or provision of this Ordinance or any portion thereof S:ACA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 813 of 1066 51 be declared by a court of competentjurisdiction to be invalid, such decision shall not affect the 52 remainder of this Ordinance. 53 Section 6. Authority is hereby given to codify this Ordinance. 54 Section 7. This Ordinance shall become effective immediately. 55 FIRST READING this 4th day of November, 2022. 56 SECOND, FINAL READING AND PASSAGE this ___day of___J 2022. 57 58 CITY OF BOYNTON BEACH, FLORIDA 59 YES NO 60 61 Mayor—Ty Penserga 62 63 Vice Mayor—Angela Cruz 64 65 Commissioner—Woodrow L. Hay 66 67 Commissioner—Thomas Turkin 68 69 Commissioner—Aimee Kelley 70 71 VOTE 72 ATTEST: 73 74 75 Maylee De Jes6s, MPA, MMC Ty Penserga 76 City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 Michael D. Cirullo, Jr. 82 City Attorney 83 84 S:ACA\Ordinances\Amend BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 814 of 1066 Boynton Beach Amendments FBC 2020 7t" Edition 110.11.1 Building Recertification Program. Maintaining the structural integrity of a building throughout its service life, in order to ensure that buildings are structural and electrical service system are sound so as to not pose a threat to the public health, safety, or welfare. Building Recertification shall be for the purpose of determining the structural &electrical service system of the building or structure to the extent reasonably possible of any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load, and the general condition of its electrical service system(s) pursuant to the Building Code. 110.11.1.1 Backlog. Due to the initial backlog of buildings required to be recertified, the Building Official shall establish a completion schedule for recertification, which shall be based upon factors that may include, but shall not be limited to, the age, location, construction materials, occupancy load, and function of a building.This completion schedule shall include a recertification deadline for each building for which recertification is required and may be amended by the Building Official as necessary or advisable. 110.11.1.2 Nothing in this section shall be construed to prevent or limit the Building Official's authority to inspect, order inspections or reports, or abate unsafe conditions at existing buildings outside of the requirements of this section, including, but not limited to, the Building Official's authority pursuant to section 116 Unsafe Structures and Equipment of this chapter. 110.11.2 Public Records. Building Recertification reports and other information received by the City in connection with the Building Recertification Inspection program shall be available to the public consistent with the requirements of Florida Statute 119. 110.11.3 Inspection professional.The inspecting professional(s) shall have a right of entry into all areas he/she deems necessary to comply with the Building Recertification Inspection program. 110.11.4 Definitions. Condominium/Cooperatives. Condominium associations as defined under Florida Statute 718 and Cooperative association as defined under Florida Statute 719 Building age. Means the time period since the issuance of a certificate of occupancy or, where adequate records are not available to determine when a certificate of occupancy was issued, shall be determined by the Building Official based on the best available evidence. Milestone inspection. Means a structural inspection, required under section 553.899, Florida Statutes, of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems as those terms are defined in s. 627.706, by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement Page 815 of 1066 of any structural component of the building.The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code, National Electrical Code or the Fire Safety Code Owner. Means the fee simple title holder of the land on which a building subject to Building Recertification Inspection is situated or, in the case of condominium or cooperative type of ownership, shall mean the person or entity responsible for the structure and common systems of a building subject to Building Recertification Inspection. Substantial structural deterioration. Means substantial structural distress that negatively affects a building's general structural condition and integrity.The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration. Threshold Building. In accordance with Florida Statute 553.71, means any building which is greater than 3 stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. 110.11.5 Required Building Recertification Inspection. 1.Threshold buildings within Boynton Beach City limits, by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. 2. Condominium associations and Cooperative associations within Boynton Beach City limits, that are three stories or more in height by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years hereafter Exceptions: a) Single-family,two-family, three-family and Town homes with three or fewer habitable stories above ground. b) State or University and Palm Beach County School buildings. c) U S Government, State of Florida, Palm Beach County and local municipal buildings. 110.11.5.1 Subsequent Building Recertification Inspections shall be required at ten (10) year intervals from the date of the 25th anniversary of existence of buildings or structures regardless of when the inspection report for same is finalized or filed. 110.11.6 Inspection Procedures. Procedures established herein are basic guidelines for the Building Recertification program.These guidelines shall not be construed as permitting the removal or non- maintenance of any existing devices or safeguards unless authorized by the Building Official. 110.11.6.1 In addition to the requirements set forth in this section,the Building Official shall provide Building Recertification Inspection Guideline for Structural and Electrical reports and Page 816 of 1066 criteria for the Building Recertification program and the program's applicable inspections and report(s),which shall be mandatory. 110.11.6.2 Duty to Report.Any engineer or architect who performs an inspection of an existing building or structure has a duty to report to the Building Official any findings that, if left unaddressed, would endanger life or property no later than ten (10) days after informing the building owner of such findings unless the engineer or architect is made aware that action has been taken to address such findings in accordance with applicable code. However, if such engineer or architect finds that there are conditions in the building or structure causing an actual or immediate danger of the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, such engineer or architect shall report such conditions to the Building Official within twenty-four(24) hours of the time of discovery. 110.11.7 Inspection Notification. Upon determining that a building must have a Building Recertification Inspection,the Building Official shall provide written notices of such required inspection to the owner, by certified mail, return receipt requested not less than one year(365 calendar days) prior to the recertification anniversary year, and may provide such additional notice as the Building Official deems appropriate and useful. 110.11.7.1 Unclaimed Notice. In the event that the Notice of Building Recertification is returned unclaimed, said Notice shall be posted by the Building Official at the building. Failure to receive notice of any required inspection shall not relieve the Owner of its obligations pursuant to this section. 110.11.8 Required Recertification Inspection.Within 90 calendar days after receiving the written notice, per section 110.11.8, the owner, must complete Phase One of the Building Recertification Inspection. For purposes of this section, completion of Phase One and Phase Two if required, of the Building Recertification means the licensed Engineer(s) or Architect who performed the Phase One inspection and Phase Two if required, submit the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local enforcement agency, reports by email shall be electronically signed. 110.11.8.1 Phase One Building Recertification Inspection.The licensed Architect or Engineer(s) authorized to practice in this state shall perform a visual examination of the electrical service system, habitable and non-habitable areas of a building, including, all balconies,guardrails, the major structural components of a building or structure and provide a qualitative assessment of the structural and electrical conditions of the building. 110.11.8.1.1 If the Architect or Engineer(s)finds no signs of electrical service system or substantial structural deterioration to any electrical service system or building components under visual examination, Phase Two Building Recertification Inspection is not required. 110.11.8.1.2 The Architect or Engineer(s) who completes a Phase One Building Recertification Inspection shall prepare and submit the structural and electrical reports in conformity with the Building and Electrical Recertification Inspection Guidelines and any additional comments or observations of the conditions of the building. Page 817 of 1066 110.11.8.2 Phase Two Building Recertification Inspection. Phase Two Building Recertification Inspection must be performed if any electrical service system or substantial structural deterioration is identified during Phase One Inspection. A Phase Two inspection may involve destructive or nondestructive testing at the inspector's direction.The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is electrically and structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building and electrical service system. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. 110.11.8.2.1 The Architect or Engineer(s)who completes a Phase Two Building Recertification Inspection shall prepare and submit the structural and electrical reports in conformity with the Building and Electrical Recertification Inspection Guidelines and any additional comments or observations of the conditions of the building. 110.11.9 Building Recertification Report.The owner, of a building or structure subject to Building Recertification Inspection shall furnish, or cause to be furnished, within one hundred and eighty (180) calendar days of notice of required Phase one and or Phase two inspection(s) Building Recertification Inspection form, photographs and additional supporting documents to the Building Official, prepared by a Professional Structural Engineer, Electrical Engineer or Architect registered in the State of Florida, attest and certify that each such building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the specified use for continued occupancy, in conformity with the Building and Electrical Recertification Inspection Guidelines as provided by the Building Official. Both Structural and Electrical reports must be submitted together. 110.11.9.1 Any and all drafts/versions. of the report, or portions of the report, that are provided to the owner shall also be provided to the Building Official. 110.11.9.2 Reports.The structural and electrical service system inspection reports must, at a minimum, meet all of the following criteria including the required information from Building and Electrical Guidelines as provided by the Building Official: 1. Name of Inspection Firm or individual, Inspection date, Inspection made by, address, email and phone number 2. Bear the seal and signature, or electronically signed, of the licensed engineer or architect who performed the inspection. 3. Indicate the manner and type of inspection, Phase one or Phase two, forming the basis for the inspection report. 4. Building/structure address, property control number, legal description, owners name, owner mailing address and phone number 5. Reasonably known age of building, number of stories and square footage Page 818 of 1066 6. Construction type and Occupancy classification in accordance with Building Code edition 7. Identify any electrical service system and substantial structural deterioration,within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration. 8. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code or National Electrical Code,were observed. 9. Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration or the electrical service system unsafe. 10. Identify and describe any items requiring further inspection and supporting documentation. 110.11.10 Administrative Review.The Building Official and Floodplain Manager will perform an administrative review of the Building Recertification Inspection Report(s) to determine whether it satisfies the requirements of this section and chapter 4 article X City of Boynton Flood ordinance. If the Building Official determines that the Building Recertification Inspection Report(s) do not satisfy the applicable requirements, the Building Official will notify the owner of the deficiencies in writing and the owner shall have 30 calendar days from such determination to make necessary changes to the report and resubmit for review. Up to three resubmittals are allowed in order to reach a determination that the requirements have been satisfied. 110.11.10.1 If after the third resubmittal,the Building Official determines that the Report(s) do not satisfy the requirements,the matter shall be automatically sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.11 Repair plan and schedule. In the event the electrical service system, structural repairs or modifications are found by the Architect or Engineer(s) retained by the building owner to be necessary as documented by the Phase Two Inspection report,the owner shall have 30 calendar days from the date the Building Recertification Inspection Report is determined by the Building Official to satisfy the requirements of this section. 110.11.11.1 The owner shall submit a plan to correct the deficiencies ("repair plan"), which repair plan shall include a detailed proposed schedule to complete said repairs, including a schedule for submittal of application(s)for any required permit(s).The repair plan, including the schedule for completion of repairs, shall be subject to review and approval by the building official. 110.11.11.2 The owner shall have a total of 180 calendar days from the date of the Building Recertification Inspection Report is determined by the Building Official to satisfy the requirements of this section, unless otherwise specified by the Building Official, in which to permit and correct the structural and electrical service system deficiencies that pose an immediate threat to life, health, safety or where failure of a critical component is imminent. Page 819 of 1066 110.11.11.2.1 Once the corrections have been completed, the Engineer(s), or Architect shall re-inspect the areas noted on the original report and shall provide the building owner a signed and sealed letter or electronically signed, stating all corrections have all been completed.The building owner shall submit that letter to the Building Official. 110.11.11.2.2 For deficiencies that cannot be corrected within 180 calendar days, the time frame may be extended when a time frame is specified by the Professional Engineer(s) or Registered Architect and approved by the Building Official. Such extension shall be contingent on maintaining an active building permit as specified in section 105.4.1 Boynton Beach Administrative Code. 110.11.11.3 Repairs or modifications of deficient conditions that are incidental and non-life threatening shall be completed within a time frame as specified by the inspecting Professional Engineer or Registered Architect and approved by the Building Official. All repairs or modifications shall be completed in conformance with all applicable Sections of the Florida Existing Building Code and the National Electrical Code. 110.11.11.3.1 The Florida Existing Building Code will specify whether the repairs or modification can be made under the code in effect when the building was originally permitted or the code currently in effect. 110.11.12 Repair or Modification Requirements. In the event an owner fails to timely furnish the Building Official with a recertification report, seek an extension to furnish a recertification report, or comply with repair or modification requirements as determined from the Building Recertification Inspection Report(s) as set forth herein the structure may be deemed to be unsafe and unfit for occupation. Such findings shall be reviewed by the Building Official and may be sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.12.1 Emergency Hearing.The Building Official may elect the choice of either a Special Magistrate or Code Enforcement Board as set forth under Florida Statutes Sec. 162,to conduct an emergency hearing if any of the following occurs; 1.The owner, fails to submit the Building Recertification Report by the required deadline per section 110.11.9 2.The Building Official determines the owner failed to make required changes and resubmit the report within required time frames per sections 110.11.10 and 110.11.10.1 does not satisfy the requirements of sections 110.11.10 and 110.11.10.1 3.The owner,fails to submit the Repair Plan and Schedule by the required time frames per section 110.11.11 4.The Building Official may prescribe timelines and penalties with respect to compliance with this section. 5. The Building Official determines that the written recertification report contains any misrepresentation of the actual conditions of the building or structure. Page 820 of 1066 110.11.13 Building Recertification fees. For each building or structure to be Recertified,the application, resubmittal and extension fees shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 110.11.13.1 Report Extension Requests.The Building Official may issue an extension of not more than 60 calendar days to submit a recertification report or to obtain any necessary permits upon a written extension request from an engineer or architect. Such request must contain a signed and sealed statement from the engineer or architect that the building may continue to be occupied while undergoing recertification. 110.11.14 Permit fees. In the event the electrical service system, structural repairs or modifications are required, a permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid, in accordance with the schedule as established by the applicable governing authority. 110.11.15 Appeals Procedure.The Building Board of Adjustments and Appeals shall have the power, as further defined in Section 113 of the Boynton Beach Administrative Amendments to hear appeals of decisions and interpretations of the Building Official relating to the Florida Building Code and local amendments, including decisions of the Building Official related to the Building Recertification Inspection and of the Floodplain Administrator relating to flood damage prevention and floodplain management codes contained in Chapter 4 Article X, Code of Ordinances. 110.11.15.1 Decisions and Interpretations.The permit holder, or the owner of a building subject to the Building Recertification Inspection program may appeal the applicable decision of the Building Official or Floodplain Administrator to the Building Board of Adjustments and Appeal whenever one of the following conditions are claimed to exist: 1.The Building Official determined, the submittal of the Building Recertification Inspection Report by the required deadline per section 110.11.9 2.The Building Official determined, after three submittals, that the Building Recertification Inspection report submitted pursuant to per sections 110.11.9 and 110.11.9.2 did not satisfy the requirements of that section. 3.The Building Official determined the submittal of the Repair Plan and Schedule by the required deadline per sections 110.11.11 3.The Building Official or Floodplain Administrator rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or electrical service system; 4.The provisions of this building code do not apply to this specific case 5.That an equally good or more desirable form of installation can be employed in any specific case, which the building official or floodplain administrator has rejected or refused. 6.The true intent and meaning of this building code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. Page 821 of 1066 110.11.15.2 Ineligible appeals. 1.The Building Board of Adjustments and Appeal shall not consider an application for an appeal from the provisions of this building code, or grant relief from the provisions thereof, when such authority is vested in another board or the City Council. 2. No application shall be accepted by the City if a similar request for an appeal has been considered by the Board and denied at any time within 180 calendar days immediately prior to the date the application is submitted. 110.11.16 Extensions.The Building Official may issue an extension of not more than 60 calendar days to submit a recertification report or to obtain any necessary permits upon a written extension request from an engineer or architect. Such request must contain a signed and sealed statement from the engineer or architect that the building may continue to be occupied. Page 822 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1 2 An act relating to building safety; amending s . 3 553 . 844, F. S . ; providing that the entire roofing 4 system or roof section of certain existing buildings 5 or structures does not have to be repaired, replaced, 6 or recovered in accordance with the Florida Building 7 Code under certain circumstances; requiring the 8 Florida Building Commission to adopt rules and 9 incorporate the rules into the building code; 10 prohibiting local governments from adopting certain 11 administrative or technical amendments to the building 12 code; amending s . 468 . 4334, F. S . ; requiring community 13 association managers and community association 14 management firms to comply with a specified provision 15 under certain circumstances; creating s . 553 . 899, 16 F. S . ; providing legislative findings; defining the 17 terms "milestone inspection" and "substantial 18 structural deterioration"; specifying that the purpose 19 of a milestone inspection is not to determine 20 compliance with the Florida Building Code or the 21 firesafety code; requiring condominium associations 22 and cooperative associations to have milestone 23 inspections performed on certain buildings at 24 specified times; specifying that such associations are 25 responsible for costs relating to milestone 26 inspections; providing applicability; requiring that 27 initial milestone inspections for certain buildings be 28 performed before a specified date; requiring local 29 enforcement agencies to provide certain written notice Page 1 of 88 CODING: Words men are deletions; words underlined are ad o &223 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 30 to condominium associations and cooperative 31 associations; requiring condominium associations and 32 cooperative associations to complete phase one of a 33 milestone inspection within a specified timeframe; 34 specifying that milestone inspections consist of two 35 phases; providing requirements for each phase of a 36 milestone inspection; requiring architects and 37 engineers performing a milestone inspection to submit 38 a sealed copy of the inspection report and a summary 39 that includes specified findings and recommendations 40 to certain entities; providing requirements for such 41 inspection reports; requiring condominium associations 42 and cooperative associations to distribute and post a 43 copy of each inspection report and summary in a 44 specified manner; authorizing local enforcement 45 agencies to prescribe timelines and penalties relating 46 to milestone inspections; authorizing boards of county 47 commissioners to adopt certain ordinances relating to 48 repairs for substantial structural deterioration; 49 requiring local enforcement agencies to review and 50 determine if a building is unsafe for human occupancy 51 under certain circumstances; requiring the Florida 52 Building Commission to review milestone inspection 53 requirements and make any recommendations to the 54 Governor and the Legislature by a specified date; 55 requiring the commission to consult with the State 56 Fire Marshal to provide certain recommendations to the 57 Governor and the Legislature by a specified date; 58 amending s . 718 . 103, F. S . ; providing a definition; Page 2 of 88 CODING: Words men are deletions; words underlined are ad o 814 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 59 amending s . 718 . 111, F. S . ; revising the types of 60 records that constitute the official records of a 61 condominium association; requiring associations to 62 maintain specified records for a certain timeframe; 63 specifying that renters of a unit have the right to 64 inspect and copy certain reports; requiring 65 associations to post a copy of certain reports and 66 reserve studies on the association' s website; amending 67 s . 718 . 112, F. S . ; specifying the method for 68 determining reserve amounts; prohibiting certain 69 members and associations from waiving or reducing 70 reserves for certain items after a specified date; 71 requiring certain associations to receive approval 72 before waiving or reducing reserves for certain items; 73 prohibiting certain associations from using reserve 74 funds, or any interest accruing thereon, for certain 75 purposes after a specified date; requiring certain 76 associations to have a structural integrity reserve 77 study completed at specified intervals and for certain 78 buildings by a specified date; providing requirements 79 for such study; conforming provisions to changes made 80 by the act; restating requirements for associations 81 relating to milestone inspections; specifying that if 82 the officers or directors of a condominium association 83 fail to have a milestone inspection performed, such 84 failure is a breach of their fiduciary relationship to 85 the unit owners; amending ss . 718 . 116 and 718 . 117, 86 F. S . ; conforming cross-references; amending s . 87 718 . 301, F. S . ; revising reporting requirements Page 3 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 88 relating to the transfer of association control; 89 amending s . 718 . 501, F. S . ; revising the Division of 90 Florida Condominiums, Timeshares, and Mobile Homes' 91 authority relating to enforcement and compliance; 92 requiring certain associations to provide certain 93 information and updates to the division by a specified 94 date and within a specified timeframe; requiring the 95 division to compile a list with certain information 96 and post such list on its website; amending s . 97 718 . 503, F. S . ; revising the documents that must be 98 delivered to a prospective buyer or lessee of a 99 residential unit; revising requirements for 100 nondeveloper disclosures; amending s . 718 . 504, F. S . ; 101 revising requirements for prospectuses and offering 102 circulars; amending s . 719 . 103, F. S . ; providing a 103 definition; amending s . 719 . 104, F. S . ; revising the 104 types of records that constitute the official records 105 of a cooperative association; requiring associations 106 to maintain specified records for a certain timeframe; 107 specifying that renters of a unit have the right to 108 inspect and copy certain reports; amending s . 719 . 106, 109 F. S . ; specifying the method for determining reserve 110 amounts; prohibiting certain members and associations 111 from waiving or reducing reserves for certain items 112 after a specified date; requiring certain associations 113 to receive approval before waiving or reducing 114 reserves for certain items; prohibiting certain 115 associations from using reserve funds, or any interest 116 accruing thereon, for certain purposes after a Page 4 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 117 specified date; requiring certain associations to have 118 a structural integrity reserve study completed at 119 specified intervals and for certain buildings by a 120 specified date; providing requirements for such study; 121 conforming provisions to changes made by the act; 122 restating requirements for associations relating to 123 milestone inspections; specifying that if the officers 124 or directors of a cooperative association fail to have 125 a milestone inspection performed, such failure is a 126 breach of their fiduciary relationship to the unit 127 owners; amending s . 719 . 301, F. S . ; requiring 128 developers to deliver a turnover inspection report 129 relating to cooperative property under certain 130 circumstances; amending s . 719 . 501, F. S . ; revising the 131 division' s authority relating to enforcement and 132 compliance; requiring certain associations to provide 133 certain information and updates to the division by a 134 specified date and within a specified time; requiring 135 the division to compile a list with certain 136 information and post such list on its website; 137 amending s . 719 . 503, F. S . ; revising the documents that 138 must be delivered to a prospective buyer or lessee of 139 a residential unit; revising nondeveloper disclosure 140 requirements; amending s . 719 . 504, F. S . ; revising 141 requirements for prospectuses and offering circulars; 142 amending ss . 720 . 303, 720 . 311, and 721 . 15, F. S . ; 143 conforming cross-references; providing an effective 144 date . 145 Page 5 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 146 Be It Enacted by the Legislature of the State of Florida: 147 148 Section 1 . Subsection (5) is added to section 553 . 844, 149 Florida Statutes, to read: 150 553 . 844 Windstorm loss mitigation; requirements for roofs 151 and opening protection.- 152 (5) Notwithstanding any provision in the Florida Building 153 Code to the contrary, if an existing roofing system or roof 154 section was built, repaired, or replaced in compliance with the 155 requirements of the 2007 Florida Building Code, or any 156 subsequent editions of the Florida Building Code, and 25 percent 157 or more of such roofing system or roof section is being 158 repaired, replaced, or recovered, only the repaired, replaced, 159 or recovered portion is required to be constructed in accordance 160 with the Florida Building Code in effect, as applicable . The 161 Florida Building Commission shall adopt this exception by rule 162 and incorporate it in the Florida Building Code . Notwithstanding 163 s . 553 . 73 (4) , a local government may not adopt by ordinance an 164 administrative or technical amendment to this exception. 165 Section 2 . Subsection (1) of section 468 . 4334, Florida 166 Statutes, is amended to read: 167 468 . 4334 Professional practice standards; liability.- 168 (1) (a) A community association manager or a community 169 association management firm is deemed to act as agent on behalf 170 of a community association as principal within the scope of 171 authority authorized by a written contract or under this 172 chapter. A community association manager and a community 173 association management firm shall discharge duties performed on 174 behalf of the association as authorized by this chapter loyally, Page 6 of 88 CODING: Words men are deletions; words underlined are ad o &223S of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 175 skillfully, and diligently; dealing honestly and fairly; in good 176 faith; with care and full disclosure to the community 177 association; accounting for all funds; and not charging 178 unreasonable or excessive fees . 179 (b) If a community association manager or a community 180 association management firm has a contract with a community 181 association that has a building on the association' s property 182 that is subject to s . 553 . 899, the community association manager 183 or the community association management firm must comply with 184 that section as directed by the board. 185 Section 3 . Section 553 . 899, Florida Statutes, is created to 186 read: 187 553 . 899 Mandatory structural inspections for condominium 188 and cooperative buildings .- 189 (1) The Legislature finds that maintaining the structural 190 integrity of a building throughout its service life is of 191 paramount importance in order to ensure that buildings are 192 structurally sound so as to not pose a threat to the public 193 health, safety, or welfare . As such, the Legislature finds that 194 the imposition of a statewide structural inspection program for 195 aging condominium and cooperative buildings in this state is 196 necessary to ensure that such buildings are safe for continued 197 use . 198 (2) As used in this section, the terms : 199 (a) "Milestone inspection" means a structural inspection of 200 a building, including an inspection of load-bearing walls and 201 the primary structural members and primary structural systems as 202 those terms are defined in s . 627 . 706, by a licensed architect 203 or engineer authorized to practice in this state for the Page 7 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 204 purposes of attesting to the life safety and adequacy of the 205 structural components of the building and, to the extent 206 reasonably possible, determining the general structural 207 condition of the building as it affects the safety of such 208 building, including a determination of any necessary 209 maintenance, repair, or replacement of any structural component 210 of the building. The purpose of such inspection is not to 211 determine if the condition of an existing building is in 212 compliance with the Florida Building Code or the firesafety 213 code . 214 (b) "Substantial structural deterioration" means 215 substantial structural distress that negatively affects a 216 building' s general structural condition and integrity. The term 217 does not include surface imperfections such as cracks, 218 distortion, sagging, deflections, misalignment, signs of 219 leakage, or peeling of finishes unless the licensed engineer or 220 architect performing the phase one or phase two inspection 221 determines that such surface imperfections are a sign of 222 substantial structural deterioration. 223 (3) A condominium association under chapter 718 and a 224 cooperative association under chapter 719 must have a milestone 225 inspection performed for each building that is three stories or 226 more in height by December 31 of the year in which the building 227 reaches 30 years of age, based on the date the certificate of 228 occupancy for the building was issued, and every 10 years 229 thereafter. If the building is located within 3 miles of a 230 coastline as defined in s . 376 . 031, the condominium association 231 or cooperative association must have a milestone inspection 232 performed by December 31 of the year in which the building Page 8 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 233 reaches 25 years of age, based on the date the certificate of 234 occupancy for the building was issued, and every 10 years 235 thereafter. The condominium association or cooperative 236 association must arrange for the milestone inspection to be 237 performed and is responsible for ensuring compliance with the 238 requirements of this section. The condominium association or 239 cooperative association is responsible for all costs associated 240 with the inspection. This subsection does not apply to a single- 241 family, two-family, or three-family dwelling with three or fewer 242 habitable stories above ground. 243 (4) If a milestone inspection is required under this 244 section and the building' s certificate of occupancy was issued 245 on or before July 1, 1992, the building' s initial milestone 246 inspection must be performed before December 31, 2024 . If the 247 date of issuance for the certificate of occupancy is not 248 available, the date of issuance of the building' s certificate of 249 occupancy shall be the date of occupancy evidenced in any record 250 of the local building official . 251 (5) Upon determining that a building must have a milestone 252 inspection, the local enforcement agency must provide written 253 notice of such required inspection to the condominium 254 association or cooperative association by certified mail, return 255 receipt requested. 256 (6) Within 180 days after receiving the written notice 257 under subsection (5) , the condominium association or cooperative 258 association must complete phase one of the milestone inspection. 259 For purposes of this section, completion of phase one of the 260 milestone inspection means the licensed engineer or architect 261 who performed the phase one inspection submitted the inspection Page 9 of 88 CODING: Words men are deletions; words underlined are ad o 'l-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 262 report by e-mail, United States Postal Service, or commercial 263 delivery service to the local enforcement agency. 264 (7) A milestone inspection consists of two phases : 265 (a) For phase one of the milestone inspection, a licensed 266 architect or engineer authorized to practice in this state shall 267 perform a visual examination of habitable and nonhabitable areas 268 of a building, including the major structural components of a 269 building, and provide a qualitative assessment of the structural 270 conditions of the building. If the architect or engineer finds 271 no signs of substantial structural deterioration to any building 272 components under visual examination, phase two of the 273 inspection, as provided in paragraph (b) , is not required. An 274 architect or engineer who completes a phase one milestone 275 inspection shall prepare and submit an inspection report 276 pursuant to subsection (8) . 277 (b) A phase two of the milestone inspection must be 278 performed if any substantial structural deterioration is 279 identified during phase one . A phase two inspection may involve 280 destructive or nondestructive testing at the inspector' s 281 direction. The inspection may be as extensive or as limited as 282 necessary to fully assess areas of structural distress in order 283 to confirm that the building is structurally sound and safe for 284 its intended use and to recommend a program for fully assessing 285 and repairing distressed and damaged portions of the building. 286 When determining testing locations, the inspector must give 287 preference to locations that are the least disruptive and most 288 easily repairable while still being representative of the 289 structure . An inspector who completes a phase two milestone 290 inspection shall prepare and submit an inspection report Page 10 of 88 CODING: Words men are deletions; words underlined are ad o 2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 291 pursuant to subsection (8) . 292 (8) Upon completion of a phase one or phase two milestone 293 inspection, the architect or engineer who performed the 294 inspection must submit a sealed copy of the inspection report 295 with a separate summary of, at minimum, the material findings 296 and recommendations in the inspection report to the condominium 297 association or cooperative association, and to the building 298 official of the local government which has jurisdiction. The 299 inspection report must, at a minimum, meet all of the following 300 criteria: 301 (a) Bear the seal and signature, or the electronic 302 signature, of the licensed engineer or architect who performed 303 the inspection. 304 (b) Indicate the manner and type of inspection forming the 305 basis for the inspection report . 306 (c) Identify any substantial structural deterioration, 307 within a reasonable professional probability based on the scope 308 of the inspection, describe the extent of such deterioration, 309 and identify any recommended repairs for such deterioration. 310 (d) State whether unsafe or dangerous conditions, as those 311 terms are defined in the Florida Building Code, were observed. 312 (e) Recommend any remedial or preventive repair for any 313 items that are damaged but are not substantial structural 314 deterioration. 315 (f) Identify and describe any items requiring further 316 inspection. 317 (9) The association must distribute a copy of the 318 inspector-prepared summary of the inspection report to each 319 condominium unit owner or cooperative unit owner, regardless of Page 11 of 88 CODING: Words men are deletions; words underlined are ad o 3 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 320 the findings or recommendations in the report, by United States 321 mail or personal delivery and by electronic transmission to unit 322 owners who previously consented to received notice by electronic 323 transmission; must post a copy of the inspector-prepared summary 324 in a conspicuous place on the condominium or cooperative 325 property; and must publish the full report and inspector- 326 prepared summary on the association' s website, if the 327 association is required to have a website . 328 (10) A local enforcement agency may prescribe timelines and 329 penalties with respect to compliance with this section. 330 (11) A board of county commissioners may adopt an ordinance 331 requiring that a condominium or cooperative association schedule 332 or commence repairs for substantial structural deterioration 333 within a specified timeframe after the local enforcement agency 334 receives a phase two inspection report; however, such repairs 335 must be commenced within 365 days after receiving such report . 336 If an association fails to submit proof to the local enforcement 337 agency that repairs have been scheduled or have commenced for 338 substantial structural deterioration identified in a phase two 339 inspection report within the required timeframe, the local 340 enforcement agency must review and determine if the building is 341 unsafe for human occupancy. 342 (12) The Florida Building Commission shall review the 343 milestone inspection requirements under this section and make 344 recommendations, if any, to the Legislature to ensure 345 inspections are sufficient to determine the structural integrity 346 of a building. The commission must provide a written report of 347 any recommendations to the Governor, the President of the 348 Senate, and the Speaker of the House of Representatives by Page 12 of 88 CODING: Words men are deletions; words underlined are ad o 4 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 349 December 31, 2022 . 350 (13) The Florida Building Commission shall consult with the 351 State Fire Marshal to provide recommendations to the Legislature 352 for the adoption of comprehensive structural and life safety 353 standards for maintaining and inspecting all types of buildings 354 and structures in this state that are three stories or more in 355 height . The commission shall provide a written report of its 356 recommendations to the Governor, the President of the Senate, 357 and the Speaker of the House of Representatives by December 31, 358 2023 . 359 Section 4 . Subsections (25) through (30) of section 360 718 . 103, Florida Statutes, are renumbered as subsections (26) 361 through (31) , respectively, and a new subsection (25) is added 362 to that section, to read: 363 718 . 103 Definitions .—As used in this chapter, the term: 364 (25) "Structural integrity reserve study" means a study of 365 the reserve funds required for future major repairs and 366 replacement of the common areas based on a visual inspection of 367 the common areas . A structural integrity reserve study may be 368 performed by any person qualified to perform such study. 369 However, the visual inspection portion of the structural 370 integrity reserve study must be performed by an engineer 371 licensed under chapter 471 or an architect licensed under 372 chapter 481 . At a minimum, a structural integrity reserve study 373 must identify the common areas being visually inspected, state 374 the estimated remaining useful life and the estimated 375 replacement cost or deferred maintenance expense of the common 376 areas being visually inspected, and provide a recommended annual 377 reserve amount that achieves the estimated replacement cost or Page 13 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 378 deferred maintenance expense of each common area being visually 379 inspected by the end of the estimated remaining useful life of 380 each common area. 381 Section 5 . Paragraph (b) of subsection (7) and paragraphs 382 (a) , (c) , and (g) of subsection (12) of section 718 . 111, Florida 383 Statutes, are amended to read: 384 718 . 111 The association.- 385 (7) TITLE TO PROPERTY.- 386 (b) Subject to s . 718 . 112 (2) (o) #fie- Le;o;isie 387 z11-amT, the association, through its board, has the 388 limited power to convey a portion of the common elements to a 389 condemning authority for the purposes of providing utility 390 easements, right-of-way expansion, or other public purposes, 391 whether negotiated or as a result of eminent domain proceedings . 392 (12) OFFICIAL RECORDS .- 393 (a) From the inception of the association, the association 394 shall maintain each of the following items, if applicable, which 395 constitutes the official records of the association: 396 1 . A copy of the plans, permits, warranties, and other 397 items provided by the developer under s . 718 . 301 (4) . 398 2 . A photocopy of the recorded declaration of condominium 399 of each condominium operated by the association and each 400 amendment to each declaration. 401 3 . A photocopy of the recorded bylaws of the association 402 and each amendment to the bylaws . 403 4 . A certified copy of the articles of incorporation of the 404 association, or other documents creating the association, and 405 each amendment thereto. 406 5 . A copy of the current rules of the association. Page 14 of 88 CODING: Words are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 407 6 . A book or books that contain the minutes of all meetings 408 of the association, the board of administration, and the unit 409 owners . 410 7 . A current roster of all unit owners and their mailing 411 addresses, unit identifications, voting certifications, and, if 412 known, telephone numbers . The association shall also maintain 413 the e-mail addresses and facsimile numbers of unit owners 414 consenting to receive notice by electronic transmission. The e- 415 mail addresses and facsimile numbers are not accessible to unit 416 owners if consent to receive notice by electronic transmission 417 is not provided in accordance with sub-subparagraph (c) 3 .e . 418 However, the association is not liable for an inadvertent 419 disclosure of the e-mail address or facsimile number for 420 receiving electronic transmission of notices . 421 8 . All current insurance policies of the association and 422 condominiums operated by the association. 423 9 . A current copy of any management agreement, lease, or 424 other contract to which the association is a party or under 425 which the association or the unit owners have an obligation or 426 responsibility. 427 10 . Bills of sale or transfer for all property owned by the 428 association. 429 11 . Accounting records for the association and separate 430 accounting records for each condominium that the association 431 operates . Any person who knowingly or intentionally defaces or 432 destroys such records, or who knowingly or intentionally fails 433 to create or maintain such records, with the intent of causing 434 harm to the association or one or more of its members, is 435 personally subject to a civil penalty pursuant to s . Page 15 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 436 718 . 501 (1) (d) . The accounting records must include, but are not 437 limited to: 438 a. Accurate, itemized, and detailed records of all receipts 439 and expenditures . 440 b. A current account and a monthly, bimonthly, or quarterly 441 statement of the account for each unit designating the name of 442 the unit owner, the due date and amount of each assessment, the 443 amount paid on the account, and the balance due . 444 c. All audits, reviews, accounting statements, structural 445 integrity reserve studies, and financial reports of the 446 association or condominium. Structural integrity reserve studies 447 must be maintained for at least 15 years after the study is 448 completed. 449 d. All contracts for work to be performed. Bids for work to 450 be performed are also considered official records and must be 451 maintained by the association for at least 1 year after receipt 452 of the bid. 453 12 . Ballots, sign-in sheets, voting proxies, and all other 454 papers and electronic records relating to voting by unit owners, 455 which must be maintained for 1 year from the date of the 456 election, vote, or meeting to which the document relates, 457 notwithstanding paragraph (b) . 458 13 . All rental records if the association is acting as 459 agent for the rental of condominium units . 460 14 . A copy of the current question and answer sheet as 461 described in s . 718 . 504 . 462 15 . A copy of the inspection reports rejeerr� as- described in 463 ss . 553 . 899 and 718 . 301 (4) (p) and any other inspection report 464 relating to a structural or life safety inspection of Page 16 of 88 CODING: Words are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 465 condominium property. Such record must be maintained by the 466 association for 15 years after receipt of the report 467 . 468 16 . Bids for materials, equipment, or services . 469 17 . All affirmative acknowledgments made pursuant to s . 470 718 . 121 (4) (c) . 471 18 . All other written records of the association not 472 specifically included in the foregoing which are related to the 473 operation of the association. 474 (c) l . The official records of the association are open to 475 inspection by any association member or the authorized 476 representative of such member at all reasonable times . The right 477 to inspect the records includes the right to make or obtain 478 copies, at the reasonable expense, if any, of the member or 479 authorized representative of such member. A renter of a unit has 480 a right to inspect and copy only the declaration of condominium, 481 the association' s bylaws and rules, and the inspection 482 reports described in ss . 553 . 899 and 718 . 301 (4) (p) . The 483 association may adopt reasonable rules regarding the frequency, 484 time, location, notice, and manner of record inspections and 485 copying but may not require a member to demonstrate any purpose 486 or state any reason for the inspection. The failure of an 487 association to provide the records within 10 working days after 488 receipt of a written request creates a rebuttable presumption 489 that the association willfully failed to comply with this 490 paragraph. A unit owner who is denied access to official records 491 is entitled to the actual damages or minimum damages for the 492 association' s willful failure to comply. Minimum damages are $50 493 per calendar day for up to 10 days, beginning on the 11th Page 17 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 494 working day after receipt of the written request . The failure to 495 permit inspection entitles any person prevailing in an 496 enforcement action to recover reasonable attorney fees from the 497 person in control of the records who, directly or indirectly, 498 knowingly denied access to the records . 499 2 . Any person who knowingly or intentionally defaces or 500 destroys accounting records that are required by this chapter to 501 be maintained during the period for which such records are 502 required to be maintained, or who knowingly or intentionally 503 fails to create or maintain accounting records that are required 504 to be created or maintained, with the intent of causing harm to 505 the association or one or more of its members, is personally 506 subject to a civil penalty pursuant to s . 718 . 501 (1) (d) . 507 3 . The association shall maintain an adequate number of 508 copies of the declaration, articles of incorporation, bylaws, 509 and rules, and all amendments to each of the foregoing, as well 510 as the question and answer sheet as described in s . 718 . 504 and 511 year-end financial information required under this section, on 512 the condominium property to ensure their availability to unit 513 owners and prospective purchasers, and may charge its actual 514 costs for preparing and furnishing these documents to those 515 requesting the documents . An association shall allow a member or 516 his or her authorized representative to use a portable device, 517 including a smartphone, tablet, portable scanner, or any other 518 technology capable of scanning or taking photographs, to make an 519 electronic copy of the official records in lieu of the 520 association' s providing the member or his or her authorized 521 representative with a copy of such records . The association may 522 not charge a member or his or her authorized representative for Page 18 of 88 CODING: Words men are deletions; words underlined are ad o ��(1 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 523 the use of a portable device . Notwithstanding this paragraph, 524 the following records are not accessible to unit owners : 525 a. Any record protected by the lawyer-client privilege as 526 described in s . 90 . 502 and any record protected by the work- 527 product privilege, including a record prepared by an association 528 attorney or prepared at the attorney' s express direction, which 529 reflects a mental impression, conclusion, litigation strategy, 530 or legal theory of the attorney or the association, and which 531 was prepared exclusively for civil or criminal litigation or for 532 adversarial administrative proceedings, or which was prepared in 533 anticipation of such litigation or proceedings until the 534 conclusion of the litigation or proceedings . 535 b. Information obtained by an association in connection 536 with the approval of the lease, sale, or other transfer of a 537 unit . 538 c. Personnel records of association or management company 539 employees, including, but not limited to, disciplinary, payroll, 540 health, and insurance records . For purposes of this sub- 541 subparagraph, the term "personnel records" does not include 542 written employment agreements with an association employee or 543 management company, or budgetary or financial records that 544 indicate the compensation paid to an association employee . 545 d. Medical records of unit owners . 546 e . Social security numbers, driver license numbers, credit 547 card numbers, e-mail addresses, telephone numbers, facsimile 548 numbers, emergency contact information, addresses of a unit 549 owner other than as provided to fulfill the association' s notice 550 requirements, and other personal identifying information of any 551 person, excluding the person' s name, unit designation, mailing Page 19 of 88 CODING: Words men are deletions; words underlined are ad o fft of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 552 address, property address, and any address, e-mail address, or 553 facsimile number provided to the association to fulfill the 554 association' s notice requirements . Notwithstanding the 555 restrictions in this sub-subparagraph, an association may print 556 and distribute to unit owners a directory containing the name, 557 unit address, and all telephone numbers of each unit owner. 558 However, an owner may exclude his or her telephone numbers from 559 the directory by so requesting in writing to the association. An 560 owner may consent in writing to the disclosure of other contact 561 information described in this sub-subparagraph. The association 562 is not liable for the inadvertent disclosure of information that 563 is protected under this sub-subparagraph if the information is 564 included in an official record of the association and is 565 voluntarily provided by an owner and not requested by the 566 association. 567 f. Electronic security measures that are used by the 568 association to safeguard data, including passwords . 569 g. The software and operating system used by the 570 association which allow the manipulation of data, even if the 571 owner owns a copy of the same software used by the association. 572 The data is part of the official records of the association. 573 h. All affirmative acknowledgments made pursuant to s . 574 718 . 121 (4) (c) . 575 (g) l . By January 1, 2019, an association managing a 576 condominium with 150 or more units which does not contain 577 timeshare units shall post digital copies of the documents 578 specified in subparagraph 2 . on its website or make such 579 documents available through an application that can be 580 downloaded on a mobile device . Page 20 of 88 CODING: Words men are deletions; words underlined are ad o &4!2�of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 581 a. The association' s website or application must be : 582 (I) An independent website, application, or web portal 583 wholly owned and operated by the association; or 584 (II) A website, application, or web portal operated by a 585 third-party provider with whom the association owns, leases, 586 rents, or otherwise obtains the right to operate a web page, 587 subpage, web portal, collection of subpages or web portals, or 588 an application which is dedicated to the association' s 589 activities and on which required notices, records, and documents 590 may be posted or made available by the association. 591 b. The association' s website or application must be 592 accessible through the Internet and must contain a subpage, web 593 portal, or other protected electronic location that is 594 inaccessible to the general public and accessible only to unit 595 owners and employees of the association. 596 c. Upon a unit owner' s written request, the association 597 must provide the unit owner with a username and password and 598 access to the protected sections of the association' s website or 599 application which contain any notices, records, or documents 600 that must be electronically provided. 601 2 . A current copy of the following documents must be posted 602 in digital format on the association' s website or application: 603 a. The recorded declaration of condominium of each 604 condominium operated by the association and each amendment to 605 each declaration. 606 b. The recorded bylaws of the association and each 607 amendment to the bylaws . 608 c. The articles of incorporation of the association, or 609 other documents creating the association, and each amendment to Page 21 of 88 CODING: Words men are deletions; words underlined are ad o ft3 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 610 the articles of incorporation or other documents . The copy 611 posted pursuant to this sub-subparagraph must be a copy of the 612 articles of incorporation filed with the Department of State . 613 d. The rules of the association. 614 e . A list of all executory contracts or documents to which 615 the association is a party or under which the association or the 616 unit owners have an obligation or responsibility and, after 617 bidding for the related materials, equipment, or services has 618 closed, a list of bids received by the association within the 619 past year. Summaries of bids for materials, equipment, or 620 services which exceed $500 must be maintained on the website or 621 application for 1 year. In lieu of summaries, complete copies of 622 the bids may be posted. 623 f. The annual budget required by s . 718 . 112 (2) (f) and any 624 proposed budget to be considered at the annual meeting. 625 g. The financial report required by subsection (13) and any 626 monthly income or expense statement to be considered at a 627 meeting. 628 h. The certification of each director required by s . 629 718 . 112 (2) (d) 4 .b. 630 i . All contracts or transactions between the association 631 and any director, officer, corporation, firm, or association 632 that is not an affiliated condominium association or any other 633 entity in which an association director is also a director or 634 officer and financially interested. 635 j . Any contract or document regarding a conflict of 636 interest or possible conflict of interest as provided in ss . 637 468 . 436 (2) (b) 6 . and 718 . 3027 (3) . 638 k. The notice of any unit owner meeting and the agenda for Page 22 of 88 CODING: Words men are deletions; words underlined are ad o &44 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 639 the meeting, as required by s . 718 . 112 (2) (d) 3 . , no later than 14 640 days before the meeting. The notice must be posted in plain view 641 on the front page of the website or application, or on a 642 separate subpage of the website or application labeled "Notices" 643 which is conspicuously visible and linked from the front page . 644 The association must also post on its website or application any 645 document to be considered and voted on by the owners during the 646 meeting or any document listed on the agenda at least 7 days 647 before the meeting at which the document or the information 648 within the document will be considered. 649 1 . Notice of any board meeting, the agenda, and any other 650 document required for the meeting as required by s . 651 718 . 112 (2) (c) , which must be posted no later than the date 652 required for notice under s . 718 . 112 (2) (c) . 653 m. The inspection reports described in ss . 553 . 899 and 654 718 . 301 (4) (p) and any other inspection report relating to a 655 structural or life safety inspection of condominium property. 656 n. The association' s most recent structural integrity 657 reserve study, if applicable . 658 3 . The association shall ensure that the information and 659 records described in paragraph (c) , which are not allowed to be 660 accessible to unit owners, are not posted on the association' s 661 website or application. If protected information or information 662 restricted from being accessible to unit owners is included in 663 documents that are required to be posted on the association' s 664 website or application, the association shall ensure the 665 information is redacted before posting the documents . 666 Notwithstanding the foregoing, the association or its agent is 667 not liable for disclosing information that is protected or Page 23 of 88 CODING: Words men are deletions; words underlined are ad o &45 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 668 restricted under this paragraph unless such disclosure was made 669 with a knowing or intentional disregard of the protected or 670 restricted nature of such information. 671 4 . The failure of the association to post information 672 required under subparagraph 2 . is not in and of itself 673 sufficient to invalidate any action or decision of the 674 association' s board or its committees . 675 Section 6 . Paragraphs (g) through (o) of subsection (2) of 676 section 718 . 112, Florida Statutes, are redesignated as 677 paragraphs (i) through (q) , respectively, paragraphs (d) and (f) 678 of that subsection are amended, and new paragraphs (g) and (h) 679 are added to that subsection, to read: 680 718 . 112 Bylaws .- 681 (2) REQUIRED PROVISIONS .—The bylaws shall provide for the 682 following and, if they do not do so, shall be deemed to include 683 the following: 684 (d) Unit owner meetings.- 685 1 . An annual meeting of the unit owners must be held at the 686 location provided in the association bylaws and, if the bylaws 687 are silent as to the location, the meeting must be held within 688 45 miles of the condominium property. However, such distance 689 requirement does not apply to an association governing a 690 timeshare condominium. 691 2 . Unless the bylaws provide otherwise, a vacancy on the 692 board caused by the expiration of a director' s term must be 693 filled by electing a new board member, and the election must be 694 by secret ballot . An election is not required if the number of 695 vacancies equals or exceeds the number of candidates . For 696 purposes of this paragraph, the term "candidate" means an Page 24 of 88 CODING: Words men are deletions; words underlined are ad o fta of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 697 eligible person who has timely submitted the written notice, as 698 described in sub-subparagraph 4 . a. , of his or her intention to 699 become a candidate . Except in a timeshare or nonresidential 700 condominium, or if the staggered term of a board member does not 701 expire until a later annual meeting, or if all members' terms 702 would otherwise expire but there are no candidates, the terms of 703 all board members expire at the annual meeting, and such members 704 may stand for reelection unless prohibited by the bylaws . Board 705 members may serve terms longer than 1 year if permitted by the 706 bylaws or articles of incorporation. A board member may not 707 serve more than 8 consecutive years unless approved by an 708 affirmative vote of unit owners representing two-thirds of all 709 votes cast in the election or unless there are not enough 710 eligible candidates to fill the vacancies on the board at the 711 time of the vacancy. Only board service that occurs on or after 712 July 1, 2018, may be used when calculating a board member' s term 713 limit . If the number of board members whose terms expire at the 714 annual meeting equals or exceeds the number of candidates, the 715 candidates become members of the board effective upon the 716 adjournment of the annual meeting. Unless the bylaws provide 717 otherwise, any remaining vacancies shall be filled by the 718 affirmative vote of the majority of the directors making up the 719 newly constituted board even if the directors constitute less 720 than a quorum or there is only one director. In a residential 721 condominium association of more than 10 units or in a 722 residential condominium association that does not include 723 timeshare units or timeshare interests, co-owners of a unit may 724 not serve as members of the board of directors at the same time 725 unless they own more than one unit or unless there are not Page 25 of 88 CODING: Words men are deletions; words underlined are ad o &*T of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 726 enough eligible candidates to fill the vacancies on the board at 727 the time of the vacancy. A unit owner in a residential 728 condominium desiring to be a candidate for board membership must 729 comply with sub-subparagraph 4 . a. and must be eligible to be a 730 candidate to serve on the board of directors at the time of the 731 deadline for submitting a notice of intent to run in order to 732 have his or her name listed as a proper candidate on the ballot 733 or to serve on the board. A person who has been suspended or 734 removed by the division under this chapter, or who is delinquent 735 in the payment of any assessment due to the association, is not 736 eligible to be a candidate for board membership and may not be 737 listed on the ballot . For purposes of this paragraph, a person 738 is delinquent if a payment is not made by the due date as 739 specifically identified in the declaration of condominium, 740 bylaws, or articles of incorporation. If a due date is not 741 specifically identified in the declaration of condominium, 742 bylaws, or articles of incorporation, the due date is the first 743 day of the assessment period. A person who has been convicted of 744 any felony in this state or in a United States District or 745 Territorial Court, or who has been convicted of any offense in 746 another jurisdiction which would be considered a felony if 747 committed in this state, is not eligible for board membership 748 unless such felon' s civil rights have been restored for at least 749 5 years as of the date such person seeks election to the board. 750 The validity of an action by the board is not affected if it is 751 later determined that a board member is ineligible for board 752 membership due to having been convicted of a felony. This 753 subparagraph does not limit the term of a member of the board of 754 a nonresidential or timeshare condominium. Page 26 of 88 CODING: Words men are deletions; words underlined are ad o &48�of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 755 3 . The bylaws must provide the method of calling meetings 756 of unit owners, including annual meetings . Written notice of an 757 annual meeting must include an agenda; be mailed, hand 758 delivered, or electronically transmitted to each unit owner at 759 least 14 days before the annual meeting; and be posted in a 760 conspicuous place on the condominium property or association 761 property at least 14 continuous days before the annual meeting. 762 Written notice of a meeting other than an annual meeting must 763 include an agenda; be mailed, hand delivered, or electronically 764 transmitted to each unit owner; and be posted in a conspicuous 765 place on the condominium property or association property within 766 the timeframe specified in the bylaws . If the bylaws do not 767 specify a timeframe for written notice of a meeting other than 768 an annual meeting, notice must be provided at least 14 769 continuous days before the meeting. Upon notice to the unit 770 owners, the board shall, by duly adopted rule, designate a 771 specific location on the condominium property or association 772 property where all notices of unit owner meetings must be 773 posted. This requirement does not apply if there is no 774 condominium property for posting notices . In lieu of, or in 775 addition to, the physical posting of meeting notices, the 776 association may, by reasonable rule, adopt a procedure for 777 conspicuously posting and repeatedly broadcasting the notice and 778 the agenda on a closed-circuit cable television system serving 779 the condominium association. However, if broadcast notice is 780 used in lieu of a notice posted physically on the condominium 781 property, the notice and agenda must be broadcast at least four 782 times every broadcast hour of each day that a posted notice is 783 otherwise required under this section. If broadcast notice is Page 27 of 88 CODING: Words men are deletions; words underlined are ad o M of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 784 provided, the notice and agenda must be broadcast in a manner 785 and for a sufficient continuous length of time so as to allow an 786 average reader to observe the notice and read and comprehend the 787 entire content of the notice and the agenda. In addition to any 788 of the authorized means of providing notice of a meeting of the 789 board, the association may, by rule, adopt a procedure for 790 conspicuously posting the meeting notice and the agenda on a 791 website serving the condominium association for at least the 792 minimum period of time for which a notice of a meeting is also 793 required to be physically posted on the condominium property. 794 Any rule adopted shall, in addition to other matters, include a 795 requirement that the association send an electronic notice in 796 the same manner as a notice for a meeting of the members, which 797 must include a hyperlink to the website where the notice is 798 posted, to unit owners whose e-mail addresses are included in 799 the association' s official records . Unless a unit owner waives 800 in writing the right to receive notice of the annual meeting, 801 such notice must be hand delivered, mailed, or electronically 802 transmitted to each unit owner. Notice for meetings and notice 803 for all other purposes must be mailed to each unit owner at the 804 address last furnished to the association by the unit owner, or 805 hand delivered to each unit owner. However, if a unit is owned 806 by more than one person, the association must provide notice to 807 the address that the developer identifies for that purpose and 808 thereafter as one or more of the owners of the unit advise the 809 association in writing, or if no address is given or the owners 810 of the unit do not agree, to the address provided on the deed of 811 record. An officer of the association, or the manager or other 812 person providing notice of the association meeting, must provide Page 28 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 813 an affidavit or United States Postal Service certificate of 814 mailing, to be included in the official records of the 815 association affirming that the notice was mailed or hand 816 delivered in accordance with this provision. 817 4 . The members of the board of a residential condominium 818 shall be elected by written ballot or voting machine . Proxies 819 may not be used in electing the board in general elections or 820 elections to fill vacancies caused by recall, resignation, or 821 otherwise, unless otherwise provided in this chapter. This 822 subparagraph does not apply to an association governing a 823 timeshare condominium. 824 a. At least 60 days before a scheduled election, the 825 association shall mail, deliver, or electronically transmit, by 826 separate association mailing or included in another association 827 mailing, delivery, or transmission, including regularly 828 published newsletters, to each unit owner entitled to a vote, a 829 first notice of the date of the election. A unit owner or other 830 eligible person desiring to be a candidate for the board must 831 give written notice of his or her intent to be a candidate to 832 the association at least 40 days before a scheduled election. 833 Together with the written notice and agenda as set forth in 834 subparagraph 3 . , the association shall mail, deliver, or 835 electronically transmit a second notice of the election to all 836 unit owners entitled to vote, together with a ballot that lists 837 all candidates not less than 14 days or more than 34 days before 838 the date of the election. Upon request of a candidate, an 839 information sheet, no larger than 8 1/2 inches by 11 inches, 840 which must be furnished by the candidate at least 35 days before 841 the election, must be included with the mailing, delivery, or Page 29 of 88 CODING: Words men are deletions; words underlined are ad o 661-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 842 transmission of the ballot, with the costs of mailing, delivery, 843 or electronic transmission and copying to be borne by the 844 association. The association is not liable for the contents of 845 the information sheets prepared by the candidates . In order to 846 reduce costs, the association may print or duplicate the 847 information sheets on both sides of the paper. The division 848 shall by rule establish voting procedures consistent with this 849 sub-subparagraph, including rules establishing procedures for 850 giving notice by electronic transmission and rules providing for 851 the secrecy of ballots . Elections shall be decided by a 852 plurality of ballots cast . There is no quorum requirement; 853 however, at least 20 percent of the eligible voters must cast a 854 ballot in order to have a valid election. A unit owner may not 855 authorize any other person to vote his or her ballot, and any 856 ballots improperly cast are invalid. A unit owner who violates 857 this provision may be fined by the association in accordance 858 with s . 718 . 303 . A unit owner who needs assistance in casting 859 the ballot for the reasons stated in s . 101 . 051 may obtain such 860 assistance . The regular election must occur on the date of the 861 annual meeting. Notwithstanding this sub-subparagraph, an 862 election is not required unless more candidates file notices of 863 intent to run or are nominated than board vacancies exist . 864 b. Within 90 days after being elected or appointed to the 865 board of an association of a residential condominium, each newly 866 elected or appointed director shall certify in writing to the 867 secretary of the association that he or she has read the 868 association' s declaration of condominium, articles of 869 incorporation, bylaws, and current written policies; that he or 870 she will work to uphold such documents and policies to the best Page 30 of 88 CODING: Words men are deletions; words underlined are ad o &_�2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 871 of his or her ability; and that he or she will faithfully 872 discharge his or her fiduciary responsibility to the 873 association' s members . In lieu of this written certification, 874 within 90 days after being elected or appointed to the board, 875 the newly elected or appointed director may submit a certificate 876 of having satisfactorily completed the educational curriculum 877 administered by a division-approved condominium education 878 provider within 1 year before or 90 days after the date of 879 election or appointment . The written certification or 880 educational certificate is valid and does not have to be 881 resubmitted as long as the director serves on the board without 882 interruption. A director of an association of a residential 883 condominium who fails to timely file the written certification 884 or educational certificate is suspended from service on the 885 board until he or she complies with this sub-subparagraph. The 886 board may temporarily fill the vacancy during the period of 887 suspension. The secretary shall cause the association to retain 888 a director' s written certification or educational certificate 889 for inspection by the members for 5 years after a director' s 890 election or the duration of the director' s uninterrupted tenure, 891 whichever is longer. Failure to have such written certification 892 or educational certificate on file does not affect the validity 893 of any board action. 894 c. Any challenge to the election process must be commenced 895 within 60 days after the election results are announced. 896 5 . Any approval by unit owners called for by this chapter 897 or the applicable declaration or bylaws, including, but not 898 limited to, the approval requirement in s . 718 . 111 (8) , must be 899 made at a duly noticed meeting of unit owners and is subject to Page 31 of 88 CODING: Words men are deletions; words underlined are ad o &_R3 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 900 all requirements of this chapter or the applicable condominium 901 documents relating to unit owner decisionmaking, except that 902 unit owners may take action by written agreement, without 903 meetings, on matters for which action by written agreement 904 without meetings is expressly allowed by the applicable bylaws 905 or declaration or any law that provides for such action. 906 6 . Unit owners may waive notice of specific meetings if 907 allowed by the applicable bylaws or declaration or any law. 908 Notice of meetings of the board of administration, unit owner 909 meetings, except unit owner meetings called to recall board 910 members under paragraph (1) -H}, and committee meetings may be 911 given by electronic transmission to unit owners who consent to 912 receive notice by electronic transmission. A unit owner who 913 consents to receiving notices by electronic transmission is 914 solely responsible for removing or bypassing filters that block 915 receipt of mass e-mails sent to members on behalf of the 916 association in the course of giving electronic notices . 917 7 . Unit owners have the right to participate in meetings of 918 unit owners with reference to all designated agenda items . 919 However, the association may adopt reasonable rules governing 920 the frequency, duration, and manner of unit owner participation. 921 8 . A unit owner may tape record or videotape a meeting of 922 the unit owners subject to reasonable rules adopted by the 923 division. 924 9 . Unless otherwise provided in the bylaws, any vacancy 925 occurring on the board before the expiration of a term may be 926 filled by the affirmative vote of the majority of the remaining 927 directors, even if the remaining directors constitute less than 928 a quorum, or by the sole remaining director. In the alternative, Page 32 of 88 CODING: Words men are deletions; words underlined are ad o 664 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 929 a board may hold an election to fill the vacancy, in which case 930 the election procedures must conform to sub-subparagraph 4 . a. 931 unless the association governs 10 units or fewer and has opted 932 out of the statutory election process, in which case the bylaws 933 of the association control . Unless otherwise provided in the 934 bylaws, a board member appointed or elected under this section 935 shall fill the vacancy for the unexpired term of the seat being 936 filled. Filling vacancies created by recall is governed by 937 paragraph (1) +j+ and rules adopted by the division. 938 10 . This chapter does not limit the use of general or 939 limited proxies, require the use of general or limited proxies, 940 or require the use of a written ballot or voting machine for any 941 agenda item or election at any meeting of a timeshare 942 condominium association or nonresidential condominium 943 association. 944 945 Notwithstanding subparagraph (b) 2 . and sub-subparagraph 4 . a. , an 946 association of 10 or fewer units may, by affirmative vote of a 947 majority of the total voting interests, provide for different 948 voting and election procedures in its bylaws, which may be by a 949 proxy specifically delineating the different voting and election 950 procedures . The different voting and election procedures may 951 provide for elections to be conducted by limited or general 952 proxy. 953 (f) Annual budget.- 954 1 . The proposed annual budget of estimated revenues and 955 expenses must be detailed and must show the amounts budgeted by 956 accounts and expense classifications, including, at a minimum, 957 any applicable expenses listed in s . 718 . 504 (21) . The board Page 33 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 958 shall adopt the annual budget at least 14 days before pi=iei= ta 959 the start of the association' s fiscal year. In the event that 960 the board fails to timely adopt the annual budget a second time, 961 it is sl-iall lee deemed a minor violation and the prior year' s 962 budget shall continue in effect until a new budget is adopted. A 963 multicondominium association must sl-,all adopt a separate budget 964 of common expenses for each condominium the association operates 965 and must sl-iall adopt a separate budget of common expenses for 966 the association. In addition, if the association maintains 967 limited common elements with the cost to be shared only by those 968 entitled to use the limited common elements as provided for in 969 s . 718 . 113 (1) , the budget or a schedule attached to it must show 970 the amount budgeted for this maintenance . If, after turnover of 971 control of the association to the unit owners, any of the 972 expenses listed in s . 718 . 504 (21) are not applicable, they do 973 nee4 not need to be listed. 974 2 . a. In addition to annual operating expenses, the budget 975 must include reserve accounts for capital expenditures and 976 deferred maintenance . These accounts must include, but are not 977 limited to, roof replacement, building painting, and pavement 978 resurfacing, regardless of the amount of deferred maintenance 979 expense or replacement cost, and any other item that has a 980 deferred maintenance expense or replacement cost that exceeds 981 $10, 000 . The amount to be reserved for an item is determined by 982 the association' s most recent structural integrity reserve study 983 that must be completed by December 31, 2024 . If the amount to be 984 reserved for an item is not in the association' s initial or most 985 recent structural integrity reserve study or the association has 986 not completed a structural integrity reserve study, the amount Page 34 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 987 must be computed using a formula based upon estimated remaining 988 useful life and estimated replacement cost or deferred 989 maintenance expense of the enek reserve item. The association 990 may adjust replacement reserve assessments annually to take into 991 account any changes in estimates or extension of the useful life 992 of a reserve item caused by deferred maintenance . 544-1-6- 993 ru cede depted budget i_- The 994 members of a unit-owner controlled as association may determine 995 have K ; �, by a majority vote at a duly called meeting of 996 the association, to provide no reserves or less reserves than 997 required by this subsection. Effective December 31, 2024, the 998 members of a unit-owner controlled association may not determine 999 to provide no reserves or less reserves than required by this 1000 subsection for items listed in paragraph (g) . 1001 b. Before turnover of control of an association by a 1002 developer to unit owners other than a developer under 1003 to s . 718 . 301, the developer-controlled association d....eleper 1004 may not vote thle "K Ay int ests alleeated +e itszri to 1005 waive the reserves or reduce Vhe funding of the reserves Khoony 10 0 6c� 1 eH�,t t�� ^e "e-ce�ti�T � r �f�� L L J 1007 the K r , leas in whiek the eentiKeate ei a sonveles d 1008 Pappen i e4 pursuant te s . T!8 . !G4 ( 4) (e) en an ins 1009 that ��a�f �r�, e t unit in the eandem; rr� el. ., ,aassignment r ri J titer ;�a 1010 � _�r� e� �e�l-ems== 1011 f-a v e r ef the—grantee—efsuek unit ie=e e n d e , whieheve r eeenns 1012 first, after whiek time reserves Pal be waived -- ve4yee4 r, y 1013 open e Y e t e ei a majevitl ei all nen4evelepev Yeting i 1014 Yeting in pensee en bi *eHl at aduly e -, , e4 - -. t=r J ,.� 1015 the asseeiatien. If a meeting of the unit owners has been called Page 35 of 88 CODING: Wordsn4s?eVen are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1016 to determine whether to waive or reduce the funding of reserves 1017 and no such result is achieved or a quorum is not attained, the 1018 reserves included in the budget shall go into effect . After the 1019 turnover, the developer may vote its voting interest to waive or 1020 reduce the funding of reserves . 1021 3 . Reserve funds and any interest accruing thereon shall 1022 remain in the reserve account or accounts, and may be used only 1023 for authorized reserve expenditures unless their use for other 1024 purposes is approved in advance by a majority vote at a duly 1025 called meeting of the association. Before turnover of control of 1026 an association by a developer to unit owners other than the 1027 developer pursuant to s . 718 . 301, the developer-controlled 1028 association may not vote to use reserves for purposes other than 1029 those for which they were intended. Effective December 31, 2024, 1030 members of a unit-owner controlled association may not vote to 1031 use reserve funds, or any interest accruing thereon, that are 1032 reserved for items listed in paragraph (g) for any other purpose 1033 other than their intended purpose wit-l-,eiatl-,e ap ieval ef a 1034 Ffta-}e-i4:tyef all nenelevelepei= v etng ; n t i=est s, v etng in 1035 Aia le ite4 jeiae� at a u,dlt� ealle - ffieet=r J e fm tl-le asseei 'tier. 1036 4 . The only voting interests that are eligible to vote on 1037 questions that involve waiving or reducing the funding of 1038 reserves, or using existing reserve funds for purposes other 1039 than purposes for which the reserves were intended, are the 1040 voting interests of the units subject to assessment to fund the 1041 reserves in question. Proxy questions relating to waiving or 1042 reducing the funding of reserves or using existing reserve funds 1043 for purposes other than purposes for which the reserves were 1044 intended must contain the following statement in capitalized, Page 36 of 88 CODING: Words str-iekaen are deletions; words underlined are ad o &6S of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1045 bold letters in a font size larger than any other used on the 1046 face of the proxy ballot : WAIVING OF RESERVES, IN WHOLE OR IN 1047 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY 1048 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 1049 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS . 1050 (g) Structural integrity reserve study.- 1051 1 . An association must have a structural integrity reserve 1052 study completed at least every 10 years after the condominium' s 1053 creation for each building on the condominium property that is 1054 three stories or higher in height which includes, at a minimum, 1055 a study of the following items as related to the structural 1056 integrity and safety of the building: 1057 a. Roof. 1058 b. Load-bearing walls or other primary structural members . 1059 c. Floor. 1060 d. Foundation. 1061 e . Fireproofing and fire protection systems . 1062 f. Plumbing. 1063 g. Electrical systems . 1064 h. Waterproofing and exterior painting. 1065 i . Windows . 1066 j . Any other item that has a deferred maintenance expense 1067 or replacement cost that exceeds $10, 000 and the failure to 1068 replace or maintain such item negatively affects the items 1069 listed in subparagraphs a. -i . , as determined by the licensed 1070 engineer or architect performing the visual inspection portion 1071 of the structural integrity reserve study. 1072 2 . Before a developer turns over control of an association 1073 to unit owners other than the developer, the developer must have Page 37 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1074 a structural integrity reserve study completed for each building 1075 on the condominium property that is three stories or higher in 1076 height . 1077 3 . Associations existing on or before July 1, 2022, which 1078 are controlled by unit owners other than the developer, must 1079 have a structural integrity reserve study completed by December 1080 31, 2024, for each building on the condominium property that is 1081 three stories or higher in height . 1082 4 . If an association fails to complete a structural 1083 integrity reserve study pursuant to this paragraph, such failure 1084 is a breach of an officer' s and director' s fiduciary 1085 relationship to the unit owners under s . 718 . 111 (1) . 1086 (h) Mandatory milestone inspections.—If an association is 1087 required to have a milestone inspection performed pursuant to s . 1088 553 . 899, the association must arrange for the milestone 1089 inspection to be performed and is responsible for ensuring 1090 compliance with the requirements of s . 553 . 899 . The association 1091 is responsible for all costs associated with the inspection. If 1092 the officers or directors of an association willfully and 1093 knowingly fail to have a milestone inspection performed pursuant 1094 to s . 553 . 899, such failure is a breach of the officers' and 1095 directors' fiduciary relationship to the unit owners under s . 1096 718 . 111 (1) (a) . Upon completion of a phase one or phase two 1097 milestone inspection and receipt of the inspector-prepared 1098 summary of the inspection report from the architect or engineer 1099 who performed the inspection, the association must distribute a 1100 copy of the inspector-prepared summary of the inspection report 1101 to each unit owner, regardless of the findings or 1102 recommendations in the report, by United States mail or personal Page 38 of 88 CODING: Words men are deletions; words underlined are ad o Mb of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1103 delivery and by electronic transmission to unit owners who 1104 previously consented to receive notice by electronic 1105 transmission; must post a copy of the inspector-prepared summary 1106 in a conspicuous place on the condominium property; and must 1107 publish the full report and inspector-prepared summary on the 1108 association' s website, if the association is required to have a 1109 website . 1110 Section 7 . Paragraph (f) of subsection (8) of section 1111 718 . 116, Florida Statutes, is amended to read: 1112 718 . 116 Assessments; liability; lien and priority; 1113 interest; collection.- 1114 (8) Within 10 business days after receiving a written or 1115 electronic request therefor from a unit owner or the unit 1116 owner' s designee, or a unit mortgagee or the unit mortgagee' s 1117 designee, the association shall issue the estoppel certificate . 1118 Each association shall designate on its website a person or 1119 entity with a street or e-mail address for receipt of a request 1120 for an estoppel certificate issued pursuant to this section. The 1121 estoppel certificate must be provided by hand delivery, regular 1122 mail, or e-mail to the requestor on the date of issuance of the 1123 estoppel certificate . 1124 (f) Notwithstanding any limitation on transfer fees 1125 contained in s . 718 . 112 (2) (k) s . �18 . 112 (2) (ice, an association 1126 or its authorized agent may charge a reasonable fee for the 1127 preparation and delivery of an estoppel certificate, which may 1128 not exceed $250, if, on the date the certificate is issued, no 1129 delinquent amounts are owed to the association for the 1130 applicable unit . If an estoppel certificate is requested on an 1131 expedited basis and delivered within 3 business days after the Page 39 of 88 CODING: Words men are deletions; words underlined are ad o 861-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1132 request, the association may charge an additional fee of $100 . 1133 If a delinquent amount is owed to the association for the 1134 applicable unit, an additional fee for the estoppel certificate 1135 may not exceed $150 . 1136 Section 8 . Paragraph (b) of subsection (8) of section 1137 718 . 117, Florida Statutes, is amended to read: 1138 718 . 117 Termination of condominium.- 1139 (8) REPORTS AND REPLACEMENT OF RECEIVER.- 1140 (b) The unit owners of an association in termination may 1141 recall or remove members of the board of administration with or 1142 without cause at any time as provided in s . 718 . 112 (2) (1) 1143 718. 11 2 '�--�; (; ` 1144 Section 9 . Paragraph (p) of subsection (4) of section 1145 718 . 301, Florida Statutes, is amended, and paragraph (r) is 1146 added to that subsection, to read: 1147 718 . 301 Transfer of association control; claims of defect 1148 by association.- 1149 (4) At the time that unit owners other than the developer 1150 elect a majority of the members of the board of administration 1151 of an association, the developer shall relinquish control of the 1152 association, and the unit owners shall accept control . 1153 Simultaneously, or for the purposes of paragraph (c) not more 1154 than 90 days thereafter, the developer shall deliver to the 1155 association, at the developer' s expense, all property of the 1156 unit owners and of the association which is held or controlled 1157 by the developer, including, but not limited to, the following 1158 items, if applicable, as to each condominium operated by the 1159 association: 1160 (p) Notwithstanding when the certificate of occupancy was Page 40 of 88 CODING: Words men are deletions; words underlined are ad o ft2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1161 issued or the height of the building, a milestone inspection 1162 report in compliance with s . 553 . 899 included in the official 1163 records, under seal of an architect or engineer authorized to 1164 practice in this state, and attesting to required maintenance, 1165 condition, useful life, and replacement costs of the following 1166 applicable condominium property eeFftFften ,., ,.Rets comprising a 1167 turnover inspection report : 1168 1 . Roof. 1169 2 . Structure, including load-bearing walls and primary 1170 structural members and primary structural systems as those terms 1171 are defined in s . 627 . 706 . 1172 3 . Fireproofing and fire protection systems . 1173 4 . Elevators . 1174 5 . Heating and cooling systems . 1175 6 . Plumbing. 1176 7 . Electrical systems . 1177 8 . Swimming pool or spa and equipment . 1178 9 . Seawalls . 1179 10 . Pavement and parking areas . 1180 11 . Drainage systems . 1181 12 . Painting. 1182 13 . Irrigation systems . 1183 14 . Waterproofing. 1184 (r) A copy of the association' s most recent structural 1185 integrity reserve study. 1186 Section 10 . Subsection (1) of section 718 . 501, Florida 1187 Statutes, is amended, and subsection (3) is added to that 1188 section, to read: 1189 718 . 501 Authority, responsibility, and duties of Division Page 41 of 88 CODING: Words men are deletions; words underlined are ad o ft3 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1190 of Florida Condominiums, Timeshares, and Mobile Homes .- 1191 (1) The division may enforce and ensure compliance with 1192 this chapter and rules relating to the development, 1193 construction, sale, lease, ownership, operation, and management 1194 of residential condominium units and complaints related to the 1195 procedural completion of milestone inspections under s . 553 . 899 . 1196 In performing its duties, the division has complete jurisdiction 1197 to investigate complaints and enforce compliance with respect to 1198 associations that are still under developer control or the 1199 control of a bulk assignee or bulk buyer pursuant to part VII of 1200 this chapter and complaints against developers, bulk assignees, 1201 or bulk buyers involving improper turnover or failure to 1202 turnover, pursuant to s . 718 . 301 . However, after turnover has 1203 occurred, the division has jurisdiction to investigate 1204 complaints related only to financial issues, elections, and the 1205 maintenance of and unit owner access to association records 1206 under s . 718 . 111 (12) , and the procedural completion of 1207 structural integrity reserve studies under s . 718 . 112 (2) (g) . 1208 (a) l . The division may make necessary public or private 1209 investigations within or outside this state to determine whether 1210 any person has violated this chapter or any rule or order 1211 hereunder, to aid in the enforcement of this chapter, or to aid 1212 in the adoption of rules or forms . 1213 2 . The division may submit any official written report, 1214 worksheet, or other related paper, or a duly certified copy 1215 thereof, compiled, prepared, drafted, or otherwise made by and 1216 duly authenticated by a financial examiner or analyst to be 1217 admitted as competent evidence in any hearing in which the 1218 financial examiner or analyst is available for cross-examination Page 42 of 88 CODING: Words men are deletions; words underlined are ad o W4 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1219 and attests under oath that such documents were prepared as a 1220 result of an examination or inspection conducted pursuant to 1221 this chapter. 1222 (b) The division may require or permit any person to file a 1223 statement in writing, under oath or otherwise, as the division 1224 determines, as to the facts and circumstances concerning a 1225 matter to be investigated. 1226 (c) For the purpose of any investigation under this 1227 chapter, the division director or any officer or employee 1228 designated by the division director may administer oaths or 1229 affirmations, subpoena witnesses and compel their attendance, 1230 take evidence, and require the production of any matter which is 1231 relevant to the investigation, including the existence, 1232 description, nature, custody, condition, and location of any 1233 books, documents, or other tangible things and the identity and 1234 location of persons having knowledge of relevant facts or any 1235 other matter reasonably calculated to lead to the discovery of 1236 material evidence . Upon the failure by a person to obey a 1237 subpoena or to answer questions propounded by the investigating 1238 officer and upon reasonable notice to all affected persons, the 1239 division may apply to the circuit court for an order compelling 1240 compliance . 1241 (d) Notwithstanding any remedies available to unit owners 1242 and associations, if the division has reasonable cause to 1243 believe that a violation of any provision of this chapter or 1244 related rule has occurred, the division may institute 1245 enforcement proceedings in its own name against any developer, 1246 bulk assignee, bulk buyer, association, officer, or member of 1247 the board of administration, or its assignees or agents, as Page 43 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1248 follows : 1249 1 . The division may permit a person whose conduct or 1250 actions may be under investigation to waive formal proceedings 1251 and enter into a consent proceeding whereby orders, rules, or 1252 letters of censure or warning, whether formal or informal, may 1253 be entered against the person. 1254 2 . The division may issue an order requiring the developer, 1255 bulk assignee, bulk buyer, association, developer-designated 1256 officer, or developer-designated member of the board of 1257 administration, developer-designated assignees or agents, bulk 1258 assignee-designated assignees or agents, bulk buyer-designated 1259 assignees or agents, community association manager, or community 1260 association management firm to cease and desist from the 1261 unlawful practice and take such affirmative action as in the 1262 judgment of the division carry out the purposes of this chapter. 1263 If the division finds that a developer, bulk assignee, bulk 1264 buyer, association, officer, or member of the board of 1265 administration, or its assignees or agents, is violating or is 1266 about to violate any provision of this chapter, any rule adopted 1267 or order issued by the division, or any written agreement 1268 entered into with the division, and presents an immediate danger 1269 to the public requiring an immediate final order, it may issue 1270 an emergency cease and desist order reciting with particularity 1271 the facts underlying such findings . The emergency cease and 1272 desist order is effective for 90 days . If the division begins 1273 nonemergency cease and desist proceedings, the emergency cease 1274 and desist order remains effective until the conclusion of the 1275 proceedings under ss . 120 . 569 and 120 . 57 . 1276 3 . If a developer, bulk assignee, or bulk buyer fails to Page 44 of 88 CODING: Words men are deletions; words underlined are ad o MB-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1277 pay any restitution determined by the division to be owed, plus 1278 any accrued interest at the highest rate permitted by law, 1279 within 30 days after expiration of any appellate time period of 1280 a final order requiring payment of restitution or the conclusion 1281 of any appeal thereof, whichever is later, the division must 1282 bring an action in circuit or county court on behalf of any 1283 association, class of unit owners, lessees, or purchasers for 1284 restitution, declaratory relief, injunctive relief, or any other 1285 available remedy. The division may also temporarily revoke its 1286 acceptance of the filing for the developer to which the 1287 restitution relates until payment of restitution is made . 1288 4 . The division may petition the court for appointment of a 1289 receiver or conservator. If appointed, the receiver or 1290 conservator may take action to implement the court order to 1291 ensure the performance of the order and to remedy any breach 1292 thereof. In addition to all other means provided by law for the 1293 enforcement of an injunction or temporary restraining order, the 1294 circuit court may impound or sequester the property of a party 1295 defendant, including books, papers, documents, and related 1296 records, and allow the examination and use of the property by 1297 the division and a court-appointed receiver or conservator. 1298 5 . The division may apply to the circuit court for an order 1299 of restitution whereby the defendant in an action brought under 1300 subparagraph 4 . is ordered to make restitution of those sums 1301 shown by the division to have been obtained by the defendant in 1302 violation of this chapter. At the option of the court, such 1303 restitution is payable to the conservator or receiver appointed 1304 under subparagraph 4 . or directly to the persons whose funds or 1305 assets were obtained in violation of this chapter. Page 45 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1306 6 . The division may impose a civil penalty against a 1307 developer, bulk assignee, or bulk buyer, or association, or its 1308 assignee or agent, for any violation of this chapter or related 1309 rule . The division may impose a civil penalty individually 1310 against an officer or board member who willfully and knowingly 1311 violates this chapter, an adopted rule, or a final order of the 1312 division; may order the removal of such individual as an officer 1313 or from the board of administration or as an officer of the 1314 association; and may prohibit such individual from serving as an 1315 officer or on the board of a community association for a period 1316 of time . The term "willfully and knowingly" means that the 1317 division informed the officer or board member that his or her 1318 action or intended action violates this chapter, a rule adopted 1319 under this chapter, or a final order of the division and that 1320 the officer or board member refused to comply with the 1321 requirements of this chapter, a rule adopted under this chapter, 1322 or a final order of the division. The division, before 1323 initiating formal agency action under chapter 120, must afford 1324 the officer or board member an opportunity to voluntarily 1325 comply, and an officer or board member who complies within 10 1326 days is not subject to a civil penalty. A penalty may be imposed 1327 on the basis of each day of continuing violation, but the 1328 penalty for any offense may not exceed $5, 000 . The division 1329 shall adopt, by rule, penalty guidelines applicable to possible 1330 violations or to categories of violations of this chapter or 1331 rules adopted by the division. The guidelines must specify a 1332 meaningful range of civil penalties for each such violation of 1333 the statute and rules and must be based upon the harm caused by 1334 the violation, the repetition of the violation, and upon such Page 46 of 88 CODING: Words men are deletions; words underlined are ad o S of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1335 other factors deemed relevant by the division. For example, the 1336 division may consider whether the violations were committed by a 1337 developer, bulk assignee, or bulk buyer, or owner-controlled 1338 association, the size of the association, and other factors . The 1339 guidelines must designate the possible mitigating or aggravating 1340 circumstances that justify a departure from the range of 1341 penalties provided by the rules . It is the legislative intent 1342 that minor violations be distinguished from those which endanger 1343 the health, safety, or welfare of the condominium residents or 1344 other persons and that such guidelines provide reasonable and 1345 meaningful notice to the public of likely penalties that may be 1346 imposed for proscribed conduct . This subsection does not limit 1347 the ability of the division to informally dispose of 1348 administrative actions or complaints by stipulation, agreed 1349 settlement, or consent order. All amounts collected shall be 1350 deposited with the Chief Financial Officer to the credit of the 1351 Division of Florida Condominiums, Timeshares, and Mobile Homes 1352 Trust Fund. If a developer, bulk assignee, or bulk buyer fails 1353 to pay the civil penalty and the amount deemed to be owed to the 1354 association, the division shall issue an order directing that 1355 such developer, bulk assignee, or bulk buyer cease and desist 1356 from further operation until such time as the civil penalty is 1357 paid or may pursue enforcement of the penalty in a court of 1358 competent jurisdiction. If an association fails to pay the civil 1359 penalty, the division shall pursue enforcement in a court of 1360 competent jurisdiction, and the order imposing the civil penalty 1361 or the cease and desist order is not effective until 20 days 1362 after the date of such order. Any action commenced by the 1363 division shall be brought in the county in which the division Page 47 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1364 has its executive offices or in the county where the violation 1365 occurred. 1366 7 . If a unit owner presents the division with proof that 1367 the unit owner has requested access to official records in 1368 writing by certified mail, and that after 10 days the unit owner 1369 again made the same request for access to official records in 1370 writing by certified mail, and that more than 10 days has 1371 elapsed since the second request and the association has still 1372 failed or refused to provide access to official records as 1373 required by this chapter, the division shall issue a subpoena 1374 requiring production of the requested records where the records 1375 are kept pursuant to s . 718 . 112 . 1376 8 . In addition to subparagraph 6 . , the division may seek 1377 the imposition of a civil penalty through the circuit court for 1378 any violation for which the division may issue a notice to show 1379 cause under paragraph (r) . The civil penalty shall be at least 1380 $500 but no more than $5, 000 for each violation. The court may 1381 also award to the prevailing party court costs and reasonable 1382 attorney fees and, if the division prevails, may also award 1383 reasonable costs of investigation. 1384 (e) The division may prepare and disseminate a prospectus 1385 and other information to assist prospective owners, purchasers, 1386 lessees, and developers of residential condominiums in assessing 1387 the rights, privileges, and duties pertaining thereto. 1388 (f) The division may adopt rules to administer and enforce 1389 this chapter. 1390 (g) The division shall establish procedures for providing 1391 notice to an association and the developer, bulk assignee, or 1392 bulk buyer during the period in which the developer, bulk Page 48 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1393 assignee, or bulk buyer controls the association if the division 1394 is considering the issuance of a declaratory statement with 1395 respect to the declaration of condominium or any related 1396 document governing such condominium community. 1397 (h) The division shall furnish each association that pays 1398 the fees required by paragraph (2) (a) a copy of this chapter, as 1399 amended, and the rules adopted thereto on an annual basis . 1400 (i) The division shall annually provide each association 1401 with a summary of declaratory statements and formal legal 1402 opinions relating to the operations of condominiums which were 1403 rendered by the division during the previous year. 1404 (j ) The division shall provide training and educational 1405 programs for condominium association board members and unit 1406 owners . The training may, in the division' s discretion, include 1407 web-based electronic media, and live training and seminars in 1408 various locations throughout the state . The division may review 1409 and approve education and training programs for board members 1410 and unit owners offered by providers and shall maintain a 1411 current list of approved programs and providers and make such 1412 list available to board members and unit owners in a reasonable 1413 and cost-effective manner. 1414 (k) The division shall maintain a toll-free telephone 1415 number accessible to condominium unit owners . 1416 (1) The division shall develop a program to certify both 1417 volunteer and paid mediators to provide mediation of condominium 1418 disputes . The division shall provide, upon request, a list of 1419 such mediators to any association, unit owner, or other 1420 participant in alternative dispute resolution proceedings under 1421 s . 718 . 1255 requesting a copy of the list . The division shall Page 49 of 88 CODING: Words men are deletions; words underlined are ad o 8'ft of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1422 include on the list of volunteer mediators only the names of 1423 persons who have received at least 20 hours of training in 1424 mediation techniques or who have mediated at least 20 disputes . 1425 In order to become initially certified by the division, paid 1426 mediators must be certified by the Supreme Court to mediate 1427 court cases in county or circuit courts . However, the division 1428 may adopt, by rule, additional factors for the certification of 1429 paid mediators, which must be related to experience, education, 1430 or background. Any person initially certified as a paid mediator 1431 by the division must, in order to continue to be certified, 1432 comply with the factors or requirements adopted by rule . 1433 (m) If a complaint is made, the division must conduct its 1434 inquiry with due regard for the interests of the affected 1435 parties . Within 30 days after receipt of a complaint, the 1436 division shall acknowledge the complaint in writing and notify 1437 the complainant whether the complaint is within the jurisdiction 1438 of the division and whether additional information is needed by 1439 the division from the complainant . The division shall conduct 1440 its investigation and, within 90 days after receipt of the 1441 original complaint or of timely requested additional 1442 information, take action upon the complaint . However, the 1443 failure to complete the investigation within 90 days does not 1444 prevent the division from continuing the investigation, 1445 accepting or considering evidence obtained or received after 90 1446 days, or taking administrative action if reasonable cause exists 1447 to believe that a violation of this chapter or a rule has 1448 occurred. If an investigation is not completed within the time 1449 limits established in this paragraph, the division shall, on a 1450 monthly basis, notify the complainant in writing of the status Page 50 of 88 CODING: Words men are deletions; words underlined are ad o &r2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1451 of the investigation. When reporting its action to the 1452 complainant, the division shall inform the complainant of any 1453 right to a hearing under ss . 120 . 569 and 120 . 57 . The division 1454 may adopt rules regarding the submission of a complaint against 1455 an association. 1456 (n) Condominium association directors, officers, and 1457 employees; condominium developers; bulk assignees, bulk buyers, 1458 and community association managers; and community association 1459 management firms have an ongoing duty to reasonably cooperate 1460 with the division in any investigation under this section. The 1461 division shall refer to local law enforcement authorities any 1462 person whom the division believes has altered, destroyed, 1463 concealed, or removed any record, document, or thing required to 1464 be kept or maintained by this chapter with the purpose to impair 1465 its verity or availability in the department' s investigation. 1466 (o) The division may: 1467 1 . Contract with agencies in this state or other 1468 jurisdictions to perform investigative functions; or 1469 2 . Accept grants-in-aid from any source . 1470 (p) The division shall cooperate with similar agencies in 1471 other jurisdictions to establish uniform filing procedures and 1472 forms, public offering statements, advertising standards, and 1473 rules and common administrative practices . 1474 (q) The division shall consider notice to a developer, bulk 1475 assignee, or bulk buyer to be complete when it is delivered to 1476 the address of the developer, bulk assignee, or bulk buyer 1477 currently on file with the division. 1478 (r) In addition to its enforcement authority, the division 1479 may issue a notice to show cause, which must provide for a Page 51 of 88 CODING: Words men are deletions; words underlined are ad o M of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1480 hearing, upon written request, in accordance with chapter 120 . 1481 (s) The division shall submit to the Governor, the 1482 President of the Senate, the Speaker of the House of 1483 Representatives, and the chairs of the legislative 1484 appropriations committees an annual report that includes, but 1485 need not be limited to, the number of training programs provided 1486 for condominium association board members and unit owners, the 1487 number of complaints received by type, the number and percent of 1488 complaints acknowledged in writing within 30 days and the number 1489 and percent of investigations acted upon within 90 days in 1490 accordance with paragraph (m) , and the number of investigations 1491 exceeding the 90-day requirement . The annual report must also 1492 include an evaluation of the division' s core business processes 1493 and make recommendations for improvements, including statutory 1494 changes . The report shall be submitted by September 30 following 1495 the end of the fiscal year. 1496 (3) (a) On or before January 1, 2023, condominium 1497 associations existing on or before July 1, 2022, must provide 1498 the following information to the division in writing, by e-mail, 1499 United States Postal Service, commercial delivery service, or 1500 hand delivery, at a physical address or e-mail address provided 1501 by the division and on a form posted on the division' s website : 1502 1 . The number of buildings on the condominium property that 1503 are three stories or higher in height . 1504 2 . The total number of units in all such buildings . 1505 3 . The addresses of all such buildings . 1506 4 . The counties in which all such buildings are located. 1507 (b) The division must compile a list of the number of 1508 buildings on condominium property that are three stories or Page 52 of 88 CODING: Words men are deletions; words underlined are ad o V4 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1509 higher in height, which is searchable by county, and must post 1510 the list on the division' s website . This list must include all 1511 of the following information: 1512 1 . The name of each association with buildings on the 1513 condominium property that are three stories or higher in height . 1514 2 . The number of such buildings on each association' s 1515 property. 1516 3 . The addresses of all such buildings . 1517 4 . The counties in which all such buildings are located. 1518 (c) An association must provide an update in writing to the 1519 division if there are any changes to the information in the list 1520 under paragraph (b) within 6 months after the change . 1521 Section 11 . Present paragraphs (b) and (c) of subsection 1522 (2) of section 718 . 503, Florida Statutes, are redesignated as 1523 paragraphs (c) and (d) , respectively, a new paragraph (b) is 1524 added to that subsection, and paragraph (b) of subsection (1) 1525 and paragraph (a) of subsection (2) of that section are amended, 1526 to read: 1527 718 . 503 Developer disclosure prior to sale; nondeveloper 1528 unit owner disclosure prior to sale; voidability.- 1529 (1) DEVELOPER DISCLOSURE .- 1530 (b) Copies of documents to be furnished to prospective 1531 buyer or lessee.—Until such time as the developer has furnished 1532 the documents listed below to a person who has entered into a 1533 contract to purchase a residential unit or lease it for more 1534 than 5 years, the contract may be voided by that person, 1535 entitling the person to a refund of any deposit together with 1536 interest thereon as provided in s . 718 . 202 . The contract may be 1537 terminated by written notice from the proposed buyer or lessee Page 53 of 88 CODING: Words men are deletions; words underlined are ad o &-f5 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1538 delivered to the developer within 15 days after the buyer or 1539 lessee receives all of the documents required by this section. 1540 The developer may not close for 15 days after fellewi~ t the 1541 execution of the agreement and delivery of the documents to the 1542 buyer as evidenced by a signed receipt for documents unless the 1543 buyer is informed in the 15-day voidability period and agrees to 1544 close before pr4ei= ta the expiration of the 15 days . The 1545 developer shall retain in his or her records a separate 1546 agreement signed by the buyer as proof of the buyer' s agreement 1547 to close before piece the expiration of the sai4 voidability 1548 period. The developer must retain such Said proof sl-.mac 1549 „x tainec for a period of 5 years after the date of the closing 1550 of the transaction. The documents to be delivered to the 1551 prospective buyer are the prospectus or disclosure statement 1552 with all exhibits, if the development is subject to -t� 1553 1 _ _ _______ of s . 718 . 504, or, if not, then copies of the 1554 following which are applicable : 1555 1 . The question and answer sheet described in s . 718 . 504, 1556 and declaration of condominium, or the proposed declaration if 1557 the declaration has not been recorded, which shall include the 1558 certificate of a surveyor approximately representing the 1559 locations required by s . 718 . 104 . 1560 2 . The documents creating the association. 1561 3 . The bylaws . 1562 4 . The ground lease or other underlying lease of the 1563 condominium. 1564 5 . The management contract, maintenance contract, and other 1565 contracts for management of the association and operation of the 1566 condominium and facilities used by the unit owners having a Page 54 of 88 CODING: Words str-ieken are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1567 service term in excess of 1 year, and any management contracts 1568 that are renewable . 1569 6 . The estimated operating budget for the condominium and a 1570 schedule of expenses for each type of unit, including fees 1571 assessed pursuant to s . 718 . 113 (1) for the maintenance of 1572 limited common elements where such costs are shared only by 1573 those entitled to use the limited common elements . 1574 7 . The lease of recreational and other facilities that will 1575 be used only by unit owners of the subject condominium. 1576 8 . The lease of recreational and other common facilities 1577 that will be used by unit owners in common with unit owners of 1578 other condominiums . 1579 9 . The form of unit lease if the offer is of a leasehold. 1580 10 . Any declaration of servitude of properties serving the 1581 condominium but not owned by unit owners or leased to them or 1582 the association. 1583 11 . If the development is to be built in phases or if the 1584 association is to manage more than one condominium, a 1585 description of the plan of phase development or the arrangements 1586 for the association to manage two or more condominiums . 1587 12 . If the condominium is a conversion of existing 1588 improvements, the statements and disclosure required by s . 1589 718 . 616 . 1590 13 . The form of agreement for sale or lease of units . 1591 14 . A copy of the floor plan of the unit and the plot plan 1592 showing the location of the residential buildings and the 1593 recreation and other common areas . 1594 15 . A copy of all covenants and restrictions that r 1595 will affect the use of the property ander are not contained Page 55 of 88 CODING: Words men are deletions; words underlined are ad o &n-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1596 in the foregoing. 1597 16 . If the developer is required by state or local 1598 authorities to obtain acceptance or approval of any dock or 1599 marina facilities intended to serve the condominium, a copy of 1600 any such acceptance or approval acquired by the time of filing 1601 with the division under s . 718 . 502 (1) , or a statement that such 1602 acceptance or approval has not been acquired or received. 1603 17 . Evidence demonstrating that the developer has an 1604 ownership, leasehold, or contractual interest in the land upon 1605 which the condominium is to be developed. 1606 18 . A copy of the inspector-prepared summary of the 1607 milestone inspection report as described in ss . 553 . 899 and 1608 718 . 301 (4) (p) . 1609 19 . A copy of the association' s most recent structural 1610 integrity reserve study or a statement that the association has 1611 not completed a structural integrity reserve study. 1612 (2) NONDEVELOPER DISCLOSURE .- 1613 (a) Each unit owner who is not a developer as defined by 1614 this chapter must sl-,all comply with ' pi=e isle s of this 1615 subsection before jeiaieia te the sale of his or her unit . Each 1616 prospective purchaser who has entered into a contract for the 1617 purchase of a condominium unit is entitled, at the seller' s 1618 expense, to a current copy of all of the following: 1619 1 . The declaration of condominium. ,— 1620 2 . Articles of incorporation of the association. ,— 1621 3 . Bylaws and rules of the association.7- 1622 4 . Financial information required by s . 718 . 111 .7- 1623 5 . A copy of the inspector-prepared summary of the 1624 milestone inspection report as described in ss . 553 . 899 and Page 56 of 88 CODING: Words men are deletions; words underlined are ad o M of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1625 718 . 301 (4) (p) , if applicable . 1626 6 . The association' s most recent structural integrity 1627 reserve study or a statement that the association has not 1628 completed a structural integrity reserve study. 1629 7 . The document entitled "Frequently Asked Questions 1630 and Answers" required by s . 718 . 504 . 1631 (b) 9n anel aftei= 4anaaiy 1, 299, The prospective purchaser 1632 is sl-iall also -Ie�e entitled to receive from the seller a copy of a 1633 governance form. Such form shall be provided by the division 1634 summarizing governance of condominium associations . In addition 1635 to such other information as the division considers helpful to a 1636 prospective purchaser in understanding association governance, 1637 the governance form shall address the following subjects : 1638 1 . The role of the board in conducting the day-to-day 1639 affairs of the association on behalf of, and in the best 1640 interests of, the owners . 1641 2 . The board' s responsibility to provide advance notice of 1642 board and membership meetings . 1643 3 . The rights of owners to attend and speak at board and 1644 membership meetings . 1645 4 . The responsibility of the board and of owners with 1646 respect to maintenance of the condominium property. 1647 5 . The responsibility of the board and owners to abide by 1648 the condominium documents, this chapter, rules adopted by the 1649 division, and reasonable rules adopted by the board. 1650 6 . Owners' rights to inspect and copy association records 1651 and the limitations on such rights . 1652 7 . Remedies available to owners with respect to actions by 1653 the board which may be abusive or beyond the board' s power and Page 57 of 88 CODING: Words str-ieken are deletions; words underlined are ad o M of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1654 authority. 1655 8 . The right of the board to hire a property management 1656 firm, subject to its own primary responsibility for such 1657 management . 1658 9 . The responsibility of owners with regard to payment of 1659 regular or special assessments necessary for the operation of 1660 the property and the potential consequences of failure to pay 1661 such assessments . 1662 10 . The voting rights of owners . 1663 11 . Rights and obligations of the board in enforcement of 1664 rules in the condominium documents and rules adopted by the 1665 board. 1666 1667 The governance form shall also include the following statement 1668 in conspicuous type : "This publication is intended as an 1669 informal educational overview of condominium governance . In the 1670 event of a conflict, the provisions of chapter 718, Florida 1671 Statutes, rules adopted by the Division of Florida Condominiums, 1672 Timeshares, and Mobile Homes of the Department of Business and 1673 Professional Regulation, the provisions of the condominium 1674 documents, and reasonable rules adopted by the condominium 1675 association' s board of administration prevail over the contents 1676 of this publication. " 1677 Section 12 . Paragraph (f) of subsection (24) of section 1678 718 . 504, Florida Statutes, is amended, and paragraph (q) is 1679 added to that subsection, to read: 1680 718 . 504 Prospectus or offering circular.—Every developer of 1681 a residential condominium which contains more than 20 1682 residential units, or which is part of a group of residential Page 58 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1683 condominiums which will be served by property to be used in 1684 common by unit owners of more than 20 residential units, shall 1685 prepare a prospectus or offering circular and file it with the 1686 Division of Florida Condominiums, Timeshares, and Mobile Homes 1687 prior to entering into an enforceable contract of purchase and 1688 sale of any unit or lease of a unit for more than 5 years and 1689 shall furnish a copy of the prospectus or offering circular to 1690 each buyer. In addition to the prospectus or offering circular, 1691 each buyer shall be furnished a separate page entitled 1692 "Frequently Asked Questions and Answers, " which shall be in 1693 accordance with a format approved by the division and a copy of 1694 the financial information required by s . 718 . 111 . This page 1695 shall, in readable language, inform prospective purchasers 1696 regarding their voting rights and unit use restrictions, 1697 including restrictions on the leasing of a unit; shall indicate 1698 whether and in what amount the unit owners or the association is 1699 obligated to pay rent or land use fees for recreational or other 1700 commonly used facilities; shall contain a statement identifying 1701 that amount of assessment which, pursuant to the budget, would 1702 be levied upon each unit type, exclusive of any special 1703 assessments, and which shall further identify the basis upon 1704 which assessments are levied, whether monthly, quarterly, or 1705 otherwise; shall state and identify any court cases in which the 1706 association is currently a party of record in which the 1707 association may face liability in excess of $100, 000; and which 1708 shall further state whether membership in a recreational 1709 facilities association is mandatory, and if so, shall identify 1710 the fees currently charged per unit type . The division shall by 1711 rule require such other disclosure as in its judgment will Page 59 of 88 CODING: Words men are deletions; words underlined are ad o ft-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1712 assist prospective purchasers . The prospectus or offering 1713 circular may include more than one condominium, although not all 1714 such units are being offered for sale as of the date of the 1715 prospectus or offering circular. The prospectus or offering 1716 circular must contain the following information: 1717 (24) Copies of the following, to the extent they are 1718 applicable, shall be included as exhibits : 1719 (f) The estimated operating budget for the condominium, 1720 the required schedule of unit owners' expenses, and the 1721 association' s most recent structural integrity reserve study or 1722 a statement that the association has not completed a structural 1723 integrity reserve study. 1724 (q) A copy of the inspector-prepared summary of the 1725 milestone inspection report as described in ss . 553 . 899 and 1726 718 . 301 (4) (p) , as applicable . 1727 Section 13 . Subsections (24) through (28) of section 1728 719 . 103, Florida Statutes, are renumbered as subsections (25) 1729 through (29) , respectively, and a new subsection (24) is added 1730 to that section, to read: 1731 719 . 103 Definitions .—As used in this chapter: 1732 (24) "Structural integrity reserve study" means a study of 1733 the reserve funds required for future major repairs and 1734 replacement of the common areas based on a visual inspection of 1735 the common areas . A structural integrity reserve study may be 1736 performed by any person qualified to perform such study. 1737 However, the visual inspection portion of the structural 1738 integrity reserve study must be performed by an engineer 1739 licensed under chapter 471 or an architect licensed under 1740 chapter 481 . At a minimum, a structural integrity reserve study Page 60 of 88 CODING: Words men are deletions; words underlined are ad o ft2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1741 must identify the common areas being visually inspected, state 1742 the estimated remaining useful life and the estimated 1743 replacement cost or deferred maintenance expense of the common 1744 areas being visually inspected, and provide a recommended annual 1745 reserve amount that achieves the estimated replacement cost or 1746 deferred maintenance expense of each common area being visually 1747 inspected by the end of the estimated remaining useful life of 1748 each common area. 1749 Section 14 . Paragraphs (a) and (c) of subsection (2) of 1750 section 719 . 104, Florida Statutes, are amended to read: 1751 719 . 104 Cooperatives; access to units; records; financial 1752 reports; assessments; purchase of leases .- 1753 (2) OFFICIAL RECORDS .- 1754 (a) From the inception of the association, the association 1755 shall maintain a copy of each of the following, where 1756 applicable, which shall constitute the official records of the 1757 association: 1758 1 . The plans, permits, warranties, and other items provided 1759 by the developer pursuant to s . 719 . 301 (4) . 1760 2 . A photocopy of the cooperative documents . 1761 3 . A copy of the current rules of the association. 1762 4 . A book or books containing the minutes of all meetings 1763 of the association, of the board of directors, and of the unit 1764 owners . 1765 5 . A current roster of all unit owners and their mailing 1766 addresses, unit identifications, voting certifications, and, if 1767 known, telephone numbers . The association shall also maintain 1768 the e-mail addresses and the numbers designated by unit owners 1769 for receiving notice sent by electronic transmission of those Page 61 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1770 unit owners consenting to receive notice by electronic 1771 transmission. The e-mail addresses and numbers provided by unit 1772 owners to receive notice by electronic transmission shall be 1773 removed from association records when consent to receive notice 1774 by electronic transmission is revoked. However, the association 1775 is not liable for an erroneous disclosure of the e-mail address 1776 or the number for receiving electronic transmission of notices . 1777 6 . All current insurance policies of the association. 1778 7 . A current copy of any management agreement, lease, or 1779 other contract to which the association is a party or under 1780 which the association or the unit owners have an obligation or 1781 responsibility. 1782 8 . Bills of sale or transfer for all property owned by the 1783 association. 1784 9 . Accounting records for the association and separate 1785 accounting records for each unit it operates, according to good 1786 accounting practices . The accounting records shall include, but 1787 not be limited to: 1788 a. Accurate, itemized, and detailed records of all receipts 1789 and expenditures . 1790 b. A current account and a monthly, bimonthly, or quarterly 1791 statement of the account for each unit designating the name of 1792 the unit owner, the due date and amount of each assessment, the 1793 amount paid upon the account, and the balance due . 1794 c. All audits, reviews, accounting statements, structural 1795 integrity reserve studies, and financial reports of the 1796 association. Structural integrity reserve studies must be 1797 maintained for at least 15 years after the study is completed. 1798 d. All contracts for work to be performed. Bids for work to Page 62 of 88 CODING: Wordsst-r-ieken are deletions; words underlined are ad o 994 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1799 be performed shall also be considered official records and shall 1800 be maintained for a period of 1 year. 1801 10 . Ballots, sign-in sheets, voting proxies, and all other 1802 papers and electronic records relating to voting by unit owners, 1803 which shall be maintained for a period of 1 year after the date 1804 of the election, vote, or meeting to which the document relates . 1805 11 . All rental records where the association is acting as 1806 agent for the rental of units . 1807 12 . A copy of the current question and answer sheet as 1808 described in s . 719 . 504 . 1809 13 . All affirmative acknowledgments made pursuant to s . 1810 719 . 108 (3) (b) 3 . 1811 14 . A copy of the inspection reports described in ss . 1812 553 . 899 and 719 . 301 (4) (p) and any other inspection report 1813 relating to a structural or life safety inspection of the 1814 cooperative property. Such record must be maintained by the 1815 association for 15 years after receipt of the report . 1816 15 . All other written records of the association not 1817 specifically included in the foregoing which are related to the 1818 operation of the association. 1819 (c) The official records of the association are open to 1820 inspection by any association member or the authorized 1821 representative of such member at all reasonable times . The right 1822 to inspect the records includes the right to make or obtain 1823 copies, at the reasonable expense, if any, of the association 1824 member. A renter of a unit has a right to inspect and copy only 1825 the association' s bylaws and rules and the inspection reports 1826 described in ss . 553 . 899 and 719 . 301 (4) (p) . The association may 1827 adopt reasonable rules regarding the frequency, time, location, Page 63 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1828 notice, and manner of record inspections and copying, but may 1829 not require a member to demonstrate any purpose or state any 1830 reason for the inspection. The failure of an association to 1831 provide the records within 10 working days after receipt of a 1832 written request creates a rebuttable presumption that the 1833 association willfully failed to comply with this paragraph. A 1834 member who is denied access to official records is entitled to 1835 the actual damages or minimum damages for the association' s 1836 willful failure to comply. The minimum damages are $50 per 1837 calendar day for up to 10 days, beginning on the 11th working 1838 day after receipt of the written request . The failure to permit 1839 inspection entitles any person prevailing in an enforcement 1840 action to recover reasonable attorney fees from the person in 1841 control of the records who, directly or indirectly, knowingly 1842 denied access to the records . Any person who knowingly or 1843 intentionally defaces or destroys accounting records that are 1844 required by this chapter to be maintained during the period for 1845 which such records are required to be maintained, or who 1846 knowingly or intentionally fails to create or maintain 1847 accounting records that are required to be created or 1848 maintained, with the intent of causing harm to the association 1849 or one or more of its members, is personally subject to a civil 1850 penalty under s . 719 . 501 (1) (d) . The association shall maintain 1851 an adequate number of copies of the declaration, articles of 1852 incorporation, bylaws, and rules, and all amendments to each of 1853 the foregoing, as well as the question and answer sheet as 1854 described in s . 719 . 504 and year-end financial information 1855 required by the department, on the cooperative property to 1856 ensure their availability to members and prospective purchasers, Page 64 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1857 and may charge its actual costs for preparing and furnishing 1858 these documents to those requesting the same . An association 1859 shall allow a member or his or her authorized representative to 1860 use a portable device, including a smartphone, tablet, portable 1861 scanner, or any other technology capable of scanning or taking 1862 photographs, to make an electronic copy of the official records 1863 in lieu of the association providing the member or his or her 1864 authorized representative with a copy of such records . The 1865 association may not charge a member or his or her authorized 1866 representative for the use of a portable device . Notwithstanding 1867 this paragraph, the following records shall not be accessible to 1868 members : 1869 1 . Any record protected by the lawyer-client privilege as 1870 described in s . 90 . 502 and any record protected by the work- 1871 product privilege, including any record prepared by an 1872 association attorney or prepared at the attorney' s express 1873 direction which reflects a mental impression, conclusion, 1874 litigation strategy, or legal theory of the attorney or the 1875 association, and which was prepared exclusively for civil or 1876 criminal litigation or for adversarial administrative 1877 proceedings, or which was prepared in anticipation of such 1878 litigation or proceedings until the conclusion of the litigation 1879 or proceedings . 1880 2 . Information obtained by an association in connection 1881 with the approval of the lease, sale, or other transfer of a 1882 unit . 1883 3 . Personnel records of association or management company 1884 employees, including, but not limited to, disciplinary, payroll, 1885 health, and insurance records . For purposes of this Page 65 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1886 subparagraph, the term "personnel records" does not include 1887 written employment agreements with an association employee or 1888 management company, or budgetary or financial records that 1889 indicate the compensation paid to an association employee . 1890 4 . Medical records of unit owners . 1891 5 . Social security numbers, driver license numbers, credit 1892 card numbers, e-mail addresses, telephone numbers, facsimile 1893 numbers, emergency contact information, addresses of a unit 1894 owner other than as provided to fulfill the association' s notice 1895 requirements, and other personal identifying information of any 1896 person, excluding the person' s name, unit designation, mailing 1897 address, property address, and any address, e-mail address, or 1898 facsimile number provided to the association to fulfill the 1899 association' s notice requirements . Notwithstanding the 1900 restrictions in this subparagraph, an association may print and 1901 distribute to unit owners a directory containing the name, unit 1902 address, and all telephone numbers of each unit owner. However, 1903 an owner may exclude his or her telephone numbers from the 1904 directory by so requesting in writing to the association. An 1905 owner may consent in writing to the disclosure of other contact 1906 information described in this subparagraph. The association is 1907 not liable for the inadvertent disclosure of information that is 1908 protected under this subparagraph if the information is included 1909 in an official record of the association and is voluntarily 1910 provided by an owner and not requested by the association. 1911 6 . Electronic security measures that are used by the 1912 association to safeguard data, including passwords . 1913 7 . The software and operating system used by the 1914 association which allow the manipulation of data, even if the Page 66 of 88 CODING: Words men are deletions; words underlined are ad o &fS of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1915 owner owns a copy of the same software used by the association. 1916 The data is part of the official records of the association. 1917 8 . All affirmative acknowledgments made pursuant to s . 1918 719 . 108 (3) (b) 3 . 1919 Section 15 . Paragraphs (k) through (m) of subsection (1) of 1920 section 719 . 106, Florida Statutes, are redesignated as 1921 paragraphs (m) through (o) , respectively, paragraph (j ) of 1922 subsection (1) is amended, and new paragraphs (k) and (1) are 1923 added to subsection (1) of that section, to read: 1924 719 . 106 Bylaws; cooperative ownership.- 1925 (1) MANDATORY PROVISIONS .—The bylaws or other cooperative 1926 documents shall provide for the following, and if they do not, 1927 they shall be deemed to include the following: 1928 (j ) Annual budget.- 1929 1 . The proposed annual budget of common expenses must sl-iall 1930 be detailed and must sl-iall show the amounts budgeted by accounts 1931 and expense classifications, including, if applicable, but not 1932 limited to, those expenses listed in s . 719 . 504 (20) . The board 1933 of administration shall adopt the annual budget at least 14 days 1934 before jeiaieia t-e the start of the association' s fiscal year. In 1935 the event that the board fails to timely adopt the annual budget 1936 a second time, it is sl-iall lee deemed a minor violation and the 1937 prior year' s budget shall continue in effect until a new budget 1938 is adopted. 1939 2 . In addition to annual operating expenses, the budget 1940 must sl-rall include reserve accounts for capital expenditures and 1941 deferred maintenance . These accounts must sl-iall include, but not 1942 be limited to, roof replacement, building painting, and pavement 1943 resurfacing, regardless of the amount of deferred maintenance Page 67 of 88 CODING: Words are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1944 expense or replacement cost, and for any other items for which 1945 the deferred maintenance expense or replacement cost exceeds 1946 $10, 000 . The amount to be reserved for an item is determined by 1947 the association' s most recent structural integrity reserve study 1948 that must be completed by December 31, 2024 . If the amount to be 1949 reserved for an item is not in the association' s initial or most 1950 recent structural integrity reserve study or the association has 1951 not completed a structural integrity reserve study, the amount 1952 must sl-rall be computed by means of a formula which is based upon 1953 estimated remaining useful life and estimated replacement cost 1954 or deferred maintenance expense of the eeeY-, reserve item. The 1955 association may adjust replacement reserve assessments annually 1956 to take into account any changes in estimates or extension of 1957 the useful life of a reserve item caused by deferred 1958 maintenance . T-iis 1eTiaEjiFa1eT= l net—,jejelt� 4�e ant� le;d4EJe4� i 1959 w�iel-, The members of a unit-owner controlled ae association may 1960 determine fie, at a duly called meeting of the association, 1961 e1et-ern,; nee for a fiscal year to provide no reserves or reserves 1962 less adequate than required by this subsection. Before turnover 1963 of control of an association by a developer to unit owners other 1964 than a developer under s . 719 . 301, the developer-controlled 1965 association may not vote to waive the reserves or reduce funding 1966 of the reserves . Effective December 31, 2024, a unit-owner 1967 controlled association may not determine to provide no reserves 1968 or reserves less adequate than required by this paragraph for 1969 items listed in paragraph (k) He iei to t„Vrez.eV efz 1970 eentiael efz an asseeiatien le e-lepeia tee idnit ewneias e}'-leV 1971 t li a n -cr-4 e;o;el e le e ia ledias1d } }, s . �1 9 . z3 n, , }l.•e 4e;0;e1eleeia ffiae 1972 t. waive tti-.e L=ese L=veseL= iFedmeee the -n�of ��=Ves €te e Page 68 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 1973 fdmi=st 2ye _T,-s of tl-,e eper-atier e f t1,e asseeiatien afztei= 1974 tee— e4 eia iedirc mete—e fm a 1975 ffiajeiaittef�e e1epeia ;o;etinEj ; nteiaests ;o;etinEJ in je e is r n 1976 eia le ite4 jeiae� at a u,dlt� eal l e o ----e t i r J e fm tl-le a s s- -- }i--- 1977 If a meeting of the unit owners has been called to determine to 1978 provide no reserves, or reserves less adequate than required, 1979 and such result is not attained or a quorum is not attained, the 1980 reserves as included in the budget shall go into effect . 1981 3 . Reserve funds and any interest accruing thereon shall 1982 remain in the reserve account or accounts, and shall be used 1983 only for authorized reserve expenditures unless their use for 1984 other purposes is approved in advance by a vote of the majority 1985 of the voting interests, voting in person or by limited proxy at 1986 a duly called meeting of the association. Before Tieia ta 1987 turnover of control of an association by a developer to unit 1988 owners other than the developer under s . 719 . 301, the developer 1989 may not vote to use reserves for purposes other than that for 1990 which they were intended wit�eiatl-,e ap ieval ef a FRajel4ty -ef 1991 all e1epei= vet,-=g +=rests, vee,-=g ;an pei==-- -i ley 1992 3iffiite4 jeia=e---t� at a u ealle4 ----etir J efm tl-le ass- -- }---- 1993 Effective December 31, 2024, members of a unit-owner controlled 1994 association may not vote to use reserve funds, or any interest 1995 accruing thereon, that are reserved for items listed in 1996 paragraph (k) for purposes other than their intended purpose . 1997 (k) Structural integrity reserve study.- 1998 1 . An association must have a structural integrity reserve 1999 study completed at least every 10 years for each building on the 2000 cooperative property that is three stories or higher in height 2001 that includes, at a minimum, a study of the following items as Page 69 of 88 CODING: Words str-ieken are deletions; words underlined are ad o ft-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2002 related to the structural integrity and safety of the building: 2003 a. Roof. 2004 b. Load-bearing walls or other primary structural members . 2005 c. Floor. 2006 d. Foundation. 2007 e . Fireproofing and fire protection systems . 2008 f. Plumbing. 2009 g. Electrical systems . 2010 h. Waterproofing and exterior painting. 2011 i . Windows . 2012 j . Any other item that has a deferred maintenance expense 2013 or replacement cost that exceeds $10, 000 and the failure to 2014 replace or maintain such item negatively affects the items 2015 listed in subparagraphs a. -i . , as determined by the licensed 2016 engineer or architect performing the visual inspection portion 2017 of the structural integrity reserve study. 2018 2 . Before a developer turns over control of an association 2019 to unit owners other than the developer, the developer must have 2020 a structural integrity reserve study completed for each building 2021 on the cooperative property that is three stories or higher in 2022 height . 2023 3 . Associations existing on or before July 1, 2022, which 2024 are controlled by unit owners other than the developer, must 2025 have a structural integrity reserve study completed by December 2026 31, 2024, for each building on the cooperative property that is 2027 three stories or higher in height . 2028 4 . If an association fails to complete a structural 2029 integrity reserve study pursuant to this paragraph, such failure 2030 is a breach of an officer' s and director' s fiduciary Page 70 of 88 CODING: Words men are deletions; words underlined are ad o 2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2031 relationship to the unit owners under s . 719 . 104 (8) . 2032 (1) Mandatory milestone inspections.—If an association is 2033 required to have a milestone inspection performed pursuant to s . 2034 553 . 899, the association must arrange for the milestone 2035 inspection to be performed and is responsible for ensuring 2036 compliance with the requirements of s . 553 . 899 . The association 2037 is responsible for all costs associated with the inspection. If 2038 the officers or directors of an association willfully and 2039 knowingly fail to have a milestone inspection performed pursuant 2040 to s . 553 . 899, such failure is a breach of the officers' and 2041 directors' fiduciary relationship to the unit owners under s . 2042 719 . 104 (8) (a) . Upon completion of a phase one or phase two 2043 milestone inspection and receipt of the inspector-prepared 2044 summary of the inspection report from the architect or engineer 2045 who performed the inspection, the association must distribute a 2046 copy of the inspector-prepared summary of the inspection report 2047 to each unit owner, regardless of the findings or 2048 recommendations in the report, by United States mail or personal 2049 delivery and by electronic transmission to unit owners who 2050 previously consented to receive notice by electronic 2051 transmission; must post a copy of the inspector-prepared summary 2052 in a conspicuous place on the cooperative property; and must 2053 publish the full report and inspector-prepared summary on the 2054 association' s website, if the association is required to have a 2055 website . 2056 Section 16 . Paragraphs (p) and (q) are added to subsection 2057 (4) of section 719 . 301, Florida Statutes, to read: 2058 719 . 301 Transfer of association control .- 2059 (4) When unit owners other than the developer elect a Page 71 of 88 CODING: Words men are deletions; words underlined are ad o 3 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2060 majority of the members of the board of administration of an 2061 association, the developer shall relinquish control of the 2062 association, and the unit owners shall accept control . 2063 Simultaneously, or for the purpose of paragraph (c) not more 2064 than 90 days thereafter, the developer shall deliver to the 2065 association, at the developer' s expense, all property of the 2066 unit owners and of the association held or controlled by the 2067 developer, including, but not limited to, the following items, 2068 if applicable, as to each cooperative operated by the 2069 association: 2070 (p) Notwithstanding when the certificate of occupancy was 2071 issued or the height of the building, a milestone inspection 2072 report in compliance with s . 553 . 899 included in the official 2073 records, under seal of an architect or engineer authorized to 2074 practice in this state, attesting to required maintenance, 2075 condition, useful life, and replacement costs of the following 2076 applicable cooperative property comprising a turnover inspection 2077 report : 2078 1 . Roof. 2079 2 . Structure, including load-bearing walls and primary 2080 structural members and primary structural systems as those terms 2081 are defined in s . 627 . 706 . 2082 3 . Fireproofing and fire protection systems . 2083 4 . Elevators . 2084 5 . Heating and cooling systems . 2085 6 . Plumbing. 2086 7 . Electrical systems . 2087 8 . Swimming pool or spa and equipment . 2088 9 . Seawalls . Page 72 of 88 CODING: Words men are deletions; words underlined are ad o 994 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2089 10 . Pavement and parking areas . 2090 11 . Drainage systems . 2091 12 . Painting. 2092 13 . Irrigation systems . 2093 14 . Waterproofing. 2094 (q) A copy of the association' s most recent structural 2095 integrity reserve study. 2096 Section 17 . Subsection (1) of section 719 . 501, Florida 2097 Statutes, is amended, and subsection (3) is added to that 2098 section, to read: 2099 719 . 501 Powers and duties of Division of Florida 2100 Condominiums, Timeshares, and Mobile Homes .- 2101 (1) The Division of Florida Condominiums, Timeshares, and 2102 Mobile Homes of the Department of Business and Professional 2103 Regulation, referred to as the "division" in this part, in 2104 addition to other powers and duties prescribed by chapter 718, 2105 has the power to enforce and ensure compliance with this chapter 2106 and adopted rules relating to the development, construction, 2107 sale, lease, ownership, operation, and management of residential 2108 cooperative units, complaints related to the procedural 2109 completion of the structural integrity reserve studies under s . 2110 719 . 106 (1) (k) , and complaints related to the procedural 2111 completion of milestone inspections under s . 553 . 899 . In 2112 performing its duties, the division shall have the following 2113 powers and duties : 2114 (a) The division may make necessary public or private 2115 investigations within or outside this state to determine whether 2116 any person has violated this chapter or any rule or order 2117 hereunder, to aid in the enforcement of this chapter, or to aid Page 73 of 88 CODING: Words men are deletions; words underlined are ad o 815 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2118 in the adoption of rules or forms hereunder. 2119 (b) The division may require or permit any person to file a 2120 statement in writing, under oath or otherwise, as the division 2121 determines, as to the facts and circumstances concerning a 2122 matter to be investigated. 2123 (c) For the purpose of any investigation under this 2124 chapter, the division director or any officer or employee 2125 designated by the division director may administer oaths or 2126 affirmations, subpoena witnesses and compel their attendance, 2127 take evidence, and require the production of any matter which is 2128 relevant to the investigation, including the existence, 2129 description, nature, custody, condition, and location of any 2130 books, documents, or other tangible things and the identity and 2131 location of persons having knowledge of relevant facts or any 2132 other matter reasonably calculated to lead to the discovery of 2133 material evidence . Upon failure by a person to obey a subpoena 2134 or to answer questions propounded by the investigating officer 2135 and upon reasonable notice to all persons affected thereby, the 2136 division may apply to the circuit court for an order compelling 2137 compliance . 2138 (d) Notwithstanding any remedies available to unit owners 2139 and associations, if the division has reasonable cause to 2140 believe that a violation of any provision of this chapter or 2141 related rule has occurred, the division may institute 2142 enforcement proceedings in its own name against a developer, 2143 association, officer, or member of the board, or its assignees 2144 or agents, as follows : 2145 1 . The division may permit a person whose conduct or 2146 actions may be under investigation to waive formal proceedings Page 74 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2147 and enter into a consent proceeding whereby orders, rules, or 2148 letters of censure or warning, whether formal or informal, may 2149 be entered against the person. 2150 2 . The division may issue an order requiring the developer, 2151 association, officer, or member of the board, or its assignees 2152 or agents, to cease and desist from the unlawful practice and 2153 take such affirmative action as in the judgment of the division 2154 will carry out the purposes of this chapter. Such affirmative 2155 action may include, but is not limited to, an order requiring a 2156 developer to pay moneys determined to be owed to a condominium 2157 association. 2158 3 . The division may bring an action in circuit court on 2159 behalf of a class of unit owners, lessees, or purchasers for 2160 declaratory relief, injunctive relief, or restitution. 2161 4 . The division may impose a civil penalty against a 2162 developer or association, or its assignees or agents, for any 2163 violation of this chapter or related rule . The division may 2164 impose a civil penalty individually against any officer or board 2165 member who willfully and knowingly violates a provision of this 2166 chapter, a rule adopted pursuant to this chapter, or a final 2167 order of the division. The term "willfully and knowingly" means 2168 that the division informed the officer or board member that his 2169 or her action or intended action violates this chapter, a rule 2170 adopted under this chapter, or a final order of the division, 2171 and that the officer or board member refused to comply with the 2172 requirements of this chapter, a rule adopted under this chapter, 2173 or a final order of the division. The division, prior to 2174 initiating formal agency action under chapter 120, shall afford 2175 the officer or board member an opportunity to voluntarily comply Page 75 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2176 with this chapter, a rule adopted under this chapter, or a final 2177 order of the division. An officer or board member who complies 2178 within 10 days is not subject to a civil penalty. A penalty may 2179 be imposed on the basis of each day of continuing violation, but 2180 in no event shall the penalty for any offense exceed $5, 000 . By 2181 January 1, 1998, the division shall adopt, by rule, penalty 2182 guidelines applicable to possible violations or to categories of 2183 violations of this chapter or rules adopted by the division. The 2184 guidelines must specify a meaningful range of civil penalties 2185 for each such violation of the statute and rules and must be 2186 based upon the harm caused by the violation, the repetition of 2187 the violation, and upon such other factors deemed relevant by 2188 the division. For example, the division may consider whether the 2189 violations were committed by a developer or owner-controlled 2190 association, the size of the association, and other factors . The 2191 guidelines must designate the possible mitigating or aggravating 2192 circumstances that justify a departure from the range of 2193 penalties provided by the rules . It is the legislative intent 2194 that minor violations be distinguished from those which endanger 2195 the health, safety, or welfare of the cooperative residents or 2196 other persons and that such guidelines provide reasonable and 2197 meaningful notice to the public of likely penalties that may be 2198 imposed for proscribed conduct . This subsection does not limit 2199 the ability of the division to informally dispose of 2200 administrative actions or complaints by stipulation, agreed 2201 settlement, or consent order. All amounts collected shall be 2202 deposited with the Chief Financial Officer to the credit of the 2203 Division of Florida Condominiums, Timeshares, and Mobile Homes 2204 Trust Fund. If a developer fails to pay the civil penalty, the Page 76 of 88 CODING: Words men are deletions; words underlined are ad o 81S of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2205 division shall thereupon issue an order directing that such 2206 developer cease and desist from further operation until such 2207 time as the civil penalty is paid or may pursue enforcement of 2208 the penalty in a court of competent jurisdiction. If an 2209 association fails to pay the civil penalty, the division shall 2210 thereupon pursue enforcement in a court of competent 2211 jurisdiction, and the order imposing the civil penalty or the 2212 cease and desist order shall not become effective until 20 days 2213 after the date of such order. Any action commenced by the 2214 division shall be brought in the county in which the division 2215 has its executive offices or in the county where the violation 2216 occurred. 2217 (e) The division may prepare and disseminate a prospectus 2218 and other information to assist prospective owners, purchasers, 2219 lessees, and developers of residential cooperatives in assessing 2220 the rights, privileges, and duties pertaining thereto. 2221 (f) The division has authority to adopt rules pursuant to 2222 ss . 120 . 536 (1) and 120 . 54 to implement and enforce the 2223 provisions of this chapter. 2224 (g) The division shall establish procedures for providing 2225 notice to an association when the division is considering the 2226 issuance of a declaratory statement with respect to the 2227 cooperative documents governing such cooperative community. 2228 (h) The division shall furnish each association which pays 2229 the fees required by paragraph (2) (a) a copy of this act, 2230 subsequent changes to this act on an annual basis, an amended 2231 version of this act as it becomes available from the Secretary 2232 of State' s office on a biennial basis, and the rules adopted 2233 thereto on an annual basis . Page 77 of 88 CODING: Words men are deletions; words underlined are ad o of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2234 (i) The division shall annually provide each association 2235 with a summary of declaratory statements and formal legal 2236 opinions relating to the operations of cooperatives which were 2237 rendered by the division during the previous year. 2238 (j ) The division shall adopt uniform accounting principles, 2239 policies, and standards to be used by all associations in the 2240 preparation and presentation of all financial statements 2241 required by this chapter. The principles, policies, and 2242 standards shall take into consideration the size of the 2243 association and the total revenue collected by the association. 2244 (k) The division shall provide training and educational 2245 programs for cooperative association board members and unit 2246 owners . The training may, in the division' s discretion, include 2247 web-based electronic media, and live training and seminars in 2248 various locations throughout the state . The division may review 2249 and approve education and training programs for board members 2250 and unit owners offered by providers and shall maintain a 2251 current list of approved programs and providers and make such 2252 list available to board members and unit owners in a reasonable 2253 and cost-effective manner. 2254 (1) The division shall maintain a toll-free telephone 2255 number accessible to cooperative unit owners . 2256 (m) When a complaint is made to the division, the division 2257 shall conduct its inquiry with reasonable dispatch and with due 2258 regard to the interests of the affected parties . Within 30 days 2259 after receipt of a complaint, the division shall acknowledge the 2260 complaint in writing and notify the complainant whether the 2261 complaint is within the jurisdiction of the division and whether 2262 additional information is needed by the division from the Page 78 of 88 CODING: Words men are deletions; words underlined are ad e°960 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2263 complainant . The division shall conduct its investigation and 2264 shall, within 90 days after receipt of the original complaint or 2265 timely requested additional information, take action upon the 2266 complaint . However, the failure to complete the investigation 2267 within 90 days does not prevent the division from continuing the 2268 investigation, accepting or considering evidence obtained or 2269 received after 90 days, or taking administrative action if 2270 reasonable cause exists to believe that a violation of this 2271 chapter or a rule of the division has occurred. If an 2272 investigation is not completed within the time limits 2273 established in this paragraph, the division shall, on a monthly 2274 basis, notify the complainant in writing of the status of the 2275 investigation. When reporting its action to the complainant, the 2276 division shall inform the complainant of any right to a hearing 2277 pursuant to ss . 120 . 569 and 120 . 57 . 2278 (n) The division shall develop a program to certify both 2279 volunteer and paid mediators to provide mediation of cooperative 2280 disputes . The division shall provide, upon request, a list of 2281 such mediators to any association, unit owner, or other 2282 participant in arbitration proceedings under s . 718 . 1255 2283 requesting a copy of the list . The division shall include on the 2284 list of voluntary mediators only persons who have received at 2285 least 20 hours of training in mediation techniques or have 2286 mediated at least 20 disputes . In order to become initially 2287 certified by the division, paid mediators must be certified by 2288 the Supreme Court to mediate court cases in county or circuit 2289 courts . However, the division may adopt, by rule, additional 2290 factors for the certification of paid mediators, which factors 2291 must be related to experience, education, or background. Any Page 79 of 88 CODING: Words men are deletions; words underlined are ad °fir of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2292 person initially certified as a paid mediator by the division 2293 must, in order to continue to be certified, comply with the 2294 factors or requirements imposed by rules adopted by the 2295 division. 2296 (3) (a) On or before January 1, 2023, cooperative 2297 associations existing on or before July 1, 2022, must provide 2298 the following information to the division in writing, by e-mail, 2299 United States Postal Service, commercial delivery service, or 2300 hand delivery, at a physical address or e-mail address provided 2301 by the division and on a form posted on the division' s website : 2302 1 . The number of buildings on the cooperative property that 2303 are three stories or higher in height . 2304 2 . The total number of units in all such buildings . 2305 3 . The addresses of all such buildings . 2306 4 . The counties in which all such buildings are located. 2307 (b) The division must compile a list of the number of 2308 buildings on cooperative property that are three stories or 2309 higher in height, which is searchable by county, and must post 2310 the list on the division' s website . This list must include all 2311 of the following information: 2312 1 . The name of each association with buildings on the 2313 cooperative property that are three stories or higher in height . 2314 2 . The number of such buildings on each association' s 2315 property. 2316 3 . The addresses of all such buildings . 2317 4 . The counties in which all such buildings are located. 2318 (c) An association must provide an update in writing to the 2319 division if there are any changes to the information in the list 2320 under paragraph (b) within 6 months after the change . Page 80 of 88 CODING: Words men are deletions; words underlined are ad e°ft2 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2321 Section 18 . Paragraph (b) of subsection (1) and paragraph 2322 (a) of subsection (2) of section 719 . 503, Florida Statutes, are 2323 amended to read: 2324 719 . 503 Disclosure prior to sale .- 2325 (1) DEVELOPER DISCLOSURE .- 2326 (b) Copies of documents to be furnished to prospective 2327 buyer or lessee.—Until such time as the developer has furnished 2328 the documents listed below to a person who has entered into a 2329 contract to purchase a unit or lease it for more than 5 years, 2330 the contract may be voided by that person, entitling the person 2331 to a refund of any deposit together with interest thereon as 2332 provided in s . 719 . 202 . The contract may be terminated by 2333 written notice from the proposed buyer or lessee delivered to 2334 the developer within 15 days after the buyer or lessee receives 2335 all of the documents required by this section. The developer may 2336 sl-iall not close for 15 days after fellewi~ t the execution of the 2337 agreement and delivery of the documents to the buyer as 2338 evidenced by a receipt for documents signed by the buyer unless 2339 the buyer is informed in the 15-day voidability period and 2340 agrees to close before jeLaieLa t-e the expiration of the 15 days . 2341 The developer shall retain in his or her records a separate 2342 signed agreement as proof of the buyer' s agreement to close 2343 before pL=ieL= te the expiration of the saiel voidability period. 2344 The developer must retain such Said proof shall L=et inec for 2345 a period of 5 years after the date of the closing transaction. 2346 The documents to be delivered to the prospective buyer are the 2347 prospectus or disclosure statement with all exhibits, if the 2348 development is subject to T;Te—jeLae;._r_ers of s . 719 . 504, or, if 2349 not, then copies of the following which are applicable : Page 81 of 88 CODING: Words men are deletions; words underlined are ad e°963 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2350 1 . The question and answer sheet described in s . 719 . 504, 2351 and cooperative documents, or the proposed cooperative documents 2352 if the documents have not been recorded, which shall include the 2353 certificate of a surveyor approximately representing the 2354 locations required by s . 719 . 104 . 2355 2 . The documents creating the association. 2356 3 . The bylaws . 2357 4 . The ground lease or other underlying lease of the 2358 cooperative . 2359 5 . The management contract, maintenance contract, and other 2360 contracts for management of the association and operation of the 2361 cooperative and facilities used by the unit owners having a 2362 service term in excess of 1 year, and any management contracts 2363 that are renewable . 2364 6 . The estimated operating budget for the cooperative and a 2365 schedule of expenses for each type of unit, including fees 2366 assessed to a shareholder who has exclusive use of limited 2367 common areas, where such costs are shared only by those entitled 2368 to use such limited common areas . 2369 7 . The lease of recreational and other facilities that will 2370 be used only by unit owners of the subject cooperative . 2371 8 . The lease of recreational and other common areas that 2372 will be used by unit owners in common with unit owners of other 2373 cooperatives . 2374 9 . The form of unit lease if the offer is of a leasehold. 2375 10 . Any declaration of servitude of properties serving the 2376 cooperative but not owned by unit owners or leased to them or 2377 the association. 2378 11 . If the development is to be built in phases or if the Page 82 of 88 CODING: Words men are deletions; words underlined are ad °04 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2379 association is to manage more than one cooperative, a 2380 description of the plan of phase development or the arrangements 2381 for the association to manage two or more cooperatives . 2382 12 . If the cooperative is a conversion of existing 2383 improvements, the statements and disclosure required by s . 2384 719 . 616 . 2385 13 . The form of agreement for sale or lease of units . 2386 14 . A copy of the floor plan of the unit and the plot plan 2387 showing the location of the residential buildings and the 2388 recreation and other common areas . 2389 15 . A copy of all covenants and restrictions that 2390 will affect the use of the property ander are not contained 2391 in the foregoing. 2392 16 . If the developer is required by state or local 2393 authorities to obtain acceptance or approval of any dock or 2394 marina facilities intended to serve the cooperative, a copy of 2395 any such acceptance or approval acquired by the time of filing 2396 with the division pursuant to s . 719 . 502 (1) or a statement that 2397 such acceptance or approval has not been acquired or received. 2398 17 . Evidence demonstrating that the developer has an 2399 ownership, leasehold, or contractual interest in the land upon 2400 which the cooperative is to be developed. 2401 18 . A copy of the inspector-prepared summary of the 2402 milestone inspection report as described in ss . 553 . 899 and 2403 719 . 301 (4) (p) , if applicable . 2404 19 . A copy of the association' s most recent structural 2405 integrity reserve study or a statement that the association has 2406 not completed a structural integrity reserve study. 2407 (2) NONDEVELOPER DISCLOSURE .— Page 83 of 88 CODING: Words men are deletions; words underlined are ad °!9( 5 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2408 (a) Each unit owner who is not a developer as defined by 2409 this chapter must comply with T;�pre;o;is_ens of this subsection 2410 before piaieia t-e the sale of his or her interest in the 2411 association. Each prospective purchaser who has entered into a 2412 contract for the purchase of an interest in a cooperative is 2413 entitled, at the seller' s expense, to a current copy of all of 2414 the following: 2415 1 . The articles of incorporation of the association.7- 2416 2 . The bylaws,— and rules of the association. 2417 3 . , as well as A copy of the question and answer sheet as 2418 provided in s . 719 . 504 . 2419 4 . A copy of the inspector-prepared summary of the 2420 milestone inspection report as described in ss . 553 . 899 and 2421 719 . 301 (4) (p) , if applicable . 2422 5 . A copy of the association' s most recent structural 2423 integrity reserve study or a statement that the association has 2424 not completed a structural integrity reserve study. 2425 Section 19 . Paragraphs (q) and (r) are added to subsection 2426 (23) of section 719 . 504, Florida Statutes, to read: 2427 719 . 504 Prospectus or offering circular.—Every developer of 2428 a residential cooperative which contains more than 20 2429 residential units, or which is part of a group of residential 2430 cooperatives which will be served by property to be used in 2431 common by unit owners of more than 20 residential units, shall 2432 prepare a prospectus or offering circular and file it with the 2433 Division of Florida Condominiums, Timeshares, and Mobile Homes 2434 prior to entering into an enforceable contract of purchase and 2435 sale of any unit or lease of a unit for more than 5 years and 2436 shall furnish a copy of the prospectus or offering circular to Page 84 of 88 CODING: Words are deletions; words underlined are ad °9&6-of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2437 each buyer. In addition to the prospectus or offering circular, 2438 each buyer shall be furnished a separate page entitled 2439 "Frequently Asked Questions and Answers, " which must be in 2440 accordance with a format approved by the division. This page 2441 must, in readable language : inform prospective purchasers 2442 regarding their voting rights and unit use restrictions, 2443 including restrictions on the leasing of a unit; indicate 2444 whether and in what amount the unit owners or the association is 2445 obligated to pay rent or land use fees for recreational or other 2446 commonly used facilities; contain a statement identifying that 2447 amount of assessment which, pursuant to the budget, would be 2448 levied upon each unit type, exclusive of any special 2449 assessments, and which identifies the basis upon which 2450 assessments are levied, whether monthly, quarterly, or 2451 otherwise; state and identify any court cases in which the 2452 association is currently a party of record in which the 2453 association may face liability in excess of $100, 000; and state 2454 whether membership in a recreational facilities association is 2455 mandatory and, if so, identify the fees currently charged per 2456 unit type . The division shall by rule require such other 2457 disclosure as in its judgment will assist prospective 2458 purchasers . The prospectus or offering circular may include more 2459 than one cooperative, although not all such units are being 2460 offered for sale as of the date of the prospectus or offering 2461 circular. The prospectus or offering circular must contain the 2462 following information: 2463 (23) Copies of the following, to the extent they are 2464 applicable, shall be included as exhibits : 2465 (q) A copy of the inspector-prepared summary of the Page 85 of 88 CODING: Words men are deletions; words underlined are ad e°9&of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2466 milestone inspection report as described in ss . 553 . 899 and 2467 719 . 301 (4) (p) , if applicable . 2468 (r) The association' s most recent structural integrity 2469 reserve study or a statement that the association has not 2470 completed a structural integrity reserve study. 2471 Section 20 . Paragraphs (d) and (k) of subsection (10) of 2472 section 720 . 303, Florida Statutes, are amended to read: 2473 720 . 303 Association powers and duties; meetings of board; 2474 official records; budgets; financial reporting; association 2475 funds; recalls .- 2476 (10) RECALL OF DIRECTORS .- 2477 (d) If the board determines not to certify the written 2478 agreement or written ballots to recall a director or directors 2479 of the board or does not certify the recall by a vote at a 2480 meeting, the board shall, within 5 full business days after the 2481 meeting, file an action with a court of competent jurisdiction 2482 or file with the department a petition for binding arbitration 2483 under the applicable procedures in ss . 718 . 112 (2) (1) 2484 718 . 112 (2) (j ) and 718 . 1255 and the rules adopted thereunder. For 2485 the purposes of this section, the members who voted at the 2486 meeting or who executed the agreement in writing shall 2487 constitute one party under the petition for arbitration or in a 2488 court action. If the arbitrator or court certifies the recall as 2489 to any director or directors of the board, the recall will be 2490 effective upon the final order of the court or the mailing of 2491 the final order of arbitration to the association. The director 2492 or directors so recalled shall deliver to the board any and all 2493 records of the association in their possession within 5 full 2494 business days after the effective date of the recall . Page 86 of 88 CODING: Words men are deletions; words underlined are ad e°gdS of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2495 (k) A board member who has been recalled may file an action 2496 with a court of competent jurisdiction or a petition under ss . 2497 718 . 112 (2) (1) rs �� . 1-a 'STT and 718 . 1255 and the rules 2498 adopted challenging the validity of the recall . The petition or 2499 action must be filed within 60 days after the recall is deemed 2500 certified. The association and the parcel owner representative 2501 shall be named as respondents . 2502 Section 21 . Subsection (1) of section 720 . 311, Florida 2503 Statutes, is amended to read: 2504 720 . 311 Dispute resolution.- 2505 (1) The Legislature finds that alternative dispute 2506 resolution has made progress in reducing court dockets and 2507 trials and in offering a more efficient, cost-effective option 2508 to litigation. The filing of any petition for arbitration or the 2509 serving of a demand for presuit mediation as provided for in 2510 this section shall toll the applicable statute of limitations . 2511 Any recall dispute filed with the department under s . 2512 720 . 303 (10) shall be conducted by the department in accordance 2513 with the provisions of ss . 718 . 112 (2) (1) rs . �; 8 . 1_a ? '�TT and 2514 718 . 1255 and the rules adopted by the division. In addition, the 2515 department shall conduct binding arbitration of election 2516 disputes between a member and an association in accordance with 2517 s . 718 . 1255 and rules adopted by the division. Election disputes 2518 and recall disputes are not eligible for presuit mediation; 2519 these disputes must be arbitrated by the department or filed in 2520 a court of competent jurisdiction. At the conclusion of an 2521 arbitration proceeding, the department shall charge the parties 2522 a fee in an amount adequate to cover all costs and expenses 2523 incurred by the department in conducting the proceeding. Page 87 of 88 CODING: Words men are deletions; words underlined are ad e°96]9 of 1066 ENROLLED 2022 Legislature SB 4-D, 1st Engrossed 20224Der 2524 Initially, the petitioner shall remit a filing fee of at least 2525 $200 to the department . The fees paid to the department shall 2526 become a recoverable cost in the arbitration proceeding, and the 2527 prevailing party in an arbitration proceeding shall recover its 2528 reasonable costs and attorney fees in an amount found reasonable 2529 by the arbitrator. The department shall adopt rules to 2530 effectuate the purposes of this section. 2531 Section 22 . Subsection (6) of section 721 . 15, Florida 2532 Statutes, is amended to read: 2533 721 . 15 Assessments for common expenses .- 2534 (6) Notwithstanding any contrary requirements of s . 2535 718 . 112 (2) (i) r . �a8 . 1a 2 (2) (j) or s . 719 . 106 (1) (g) , for 2536 timeshare plans subject to this chapter, assessments against 2537 purchasers need not be made more frequently than annually. 2538 Section 23 . This act shall take effect upon becoming a law. Page 88 of 88 CODING: Words men are deletions; words underlined are ad °M of 1066 i• • 0 0 0 4— • 0 r r 0 LL i• • • !i I �ltnau rr, 't e� SMR r� li sr t t f i , ® N rl • 1 , , ' • , • , , , , , ro ' - 0 4— • 0 ® N ® 0 N ! , , • , • m • • 1 ® • ® 1 1 • 1 1 b 1 • , ® 1 ' • ®® 1 •1 rl • l • 1 1 • 1 , • 1 1 , 1 rl r• rl , • • • r• t9k d-n L -a a C C `- a O e a O O 0. — p a c > .o c . 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Unfinished Business 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Amend ARPA Small Business Assistance Grant Program guidelines and funding from$345,000 to $350,000. Explanation of Request: The City of Boynton Beach received a total of$13,647,904 in Coronavirus State and Local Fiscal Recovery Funds as part of the American Rescue Plan Act(ARPA). On December 7, 2021, the Boynton Beach City Commission approved the following Master Spending Plan. PRIORITY BUDGET Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills $1,500,000 Development Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 On January 4, 2022, the Boynton Beach City Commission approved the following Notice of Funding Opportunities (NOFOs) for use of the City's ARPA funds for Non-Profit/For-Profit Subrecipient Grant Applications, a Small Business Grant Program, a Small Business Technical Assistance Program with FAU Tech Runway, and the Boynton Beach Elementary School Program Partnership Initiative. ARPA Initiative Amount NOFO—ARPA Non-Profit& For-Profit $7,000,000 Cless approved Program funding) Subrecipient Grant Application NOFO—ARPA Small Business Assistance Grant $345,000 Program Administration PARTNERSHIP INITIATIVE —ARPA Small $60,000 Business Technical Assistance Program PARTNERSHIP INITIATIVE —ARPA Boynton $51,500 Beach Elementary School Programs On January 4, 2022, the City Commission approved a Notice of Funding Opportunity (NOFO)for the administration of the ARPA Small Business Assistance Grant Program. The City was looking for a qualified organization to administer the ARPA Small Business Assistance Program to provide direct financial relief to Boynton Beach small businesses. The selected organization would disperse the funds directly to approved small businesses. The administrative fee for the administration of the program was capped at 15%. One organization submitted an application to the NOFO and staff was unable to make a decision to approve the application because additional information was needed that was not included in their application. Legal recommended staff either publicly request the vendor to answer the questions and provide additional time to respond in the same manner used for the other NOFO or the City could reject the sole proposal, revise the Page 920 of 1066 NOFO and reissue it with the additional questions included and a new time period to respond. Staff did not move forward with the ARPA Small Business Assistance Grant Program NOFO. Approving this agenda item will allow staff to amend the ARPA Small Business Assistance Grant Program guidelines to meet the current economic conditions and amend the previously approved funding from $345,000 to $350,000. How will this affect city programs or services? The ARPA funds will address priorities established by the U.S. Treasury that response to the economic challenges faced by small businesses. There will not be any direct impact on City services or programs. Fiscal Impact: The ARPA Small Business Assistance Grant Program will be funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: Do not approve the updated ARPA Small Business Assistance Grant Program and do not amend the ARPA funds for the ARPA Small Business Assistance Grant Program. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Original NOFO ® Small Business Assistance Grant Program Administration Page 921 of 1066 r-OYN'T 0 N CITY OF- NE F E A C H City of Boynton Beach American Recovery Plan Act (ARPA) Not-For-Profit/For-Profit Subrecipient Application Small Business Assistance Grant Program Administration SUBMISSION DEADLINE February 4, 2022, no later than 430PM TO ARPA bbfl.us City of Boynton Beach City Manager's Office 100 East Ocean Avenue Boynton Beach, FL 33435 (No applications will be accepted after 4:30PM on February 4, 2022) FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON Carisse LeJeune,ARPA Project Manager City Manager's Office 100 East Ocean Avenue Boynton Beach, Florida 33435 1ejeunec@bbfl.us 561-202-7554 FY 2022 ARPA Funding Application Page 922 of 1066 OVERVIEW On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Funds and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds("SLFRF")program. This program is intended to provide support to State,territorial, local,and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses. The US Treasury Department established four (4) funding objectives to respond to the COVID-19 public health emergency: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs. • Support immediate economic stabilization for households and businesses. • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic. On May 17, 2021, the Secretary of the US Treasury Department issued an Interim Final Rule as the rules and regulations for implementing the Fiscal Recovery Funds. SLFRF funds can be used for: • Support public health expenditures in response to COVID-19. • Address negative economic impacts caused by the public health emergency and provide aid to those communities and populations hardest hit by the crisis. • Replace lost public sector revenue. • Provide premium pay for essential workers. • Invest in water, sewer, and broadband infrastructure. The City of Boynton Beach (the "City") embraced the importance of public input, transparency, and accountability for the implementation of the Fiscal Recovery Funds. In 2020, the City partnered with Florida International University (FIU) in undertaking the Boynton Beach Equity Initiative. The initiative provides the analytical framework and recommended action/policy items in five interconnected equity pillars - Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. In addition, in 2021, the City invited residents and businesses to participate in a city-wide survey to identify the greatest needs and concerns related to the COVID-19 public health emergency. Based upon the combined data, the City has melded ARPA eligible uses with the five (5) Equity Pillars, and prioritized eligible programs, services, and interventions based on identified community needs. The resulting Community Assessment Priorities and eligible uses can be found in Appendix A of this Notice of Funding Opportunity. In alignment with the City's strategic plan,the City is inviting community partners to request ARPA funding for programs, projects, and interventions that will address community challenges in one or more of the following Community Assessment Priorities: Economic Stability and Resilience In response to the economic challenges for City residents and businesses magnified by the COVID-19 public health emergency, the City is seeking proposals that will identify and address current vulnerabilities, support short and long-term recovery efforts, and mitigate the effects of future economic FY 2022 ARPA Funding Application Page 923 of 1066 disruptions. Proposed projects should demonstrate how they will reduce economic disparities and provide pathways to prosperity to economically disadvantaged populations, small and minority businesses. Some examples of initiatives include small business grants and loans, supporting businesses that did not qualify for federal programs,technical assistance support,job training assistance,direct payments to households, food assistance to low-to-moderate income households, etc. Housing Affordability and Homeownership Homeownership is the primary means to wealth building and financial stability for low- and moderate- income families. Boynton Beach aims to be a city where working families across the wage-spectrum can live and thrive. Significant disparities in homeownership and cost-burden exist for many Boynton Beach residents. In the current housing market and with pressures from families relocating from elsewhere, homeownership may become unattainable for many working families. Proposed projects should demonstrate impact on ameliorating the affordability challenges for current residents by providing pathways to homeownership, or homeowner and renter stability. Some examples of initiatives include rental and mortgage assistance, affordable housing development, utility assistance, housing counseling, home rehabilitation, homelessness services etc. Educational Opportunities and Job Skills Development Education contributes to community stability by promoting equity, providing for a sense of self dependence and confidence, and creating opportunities for economic mobility. Economic opportunity and mobility are directly connected with educational attainment,as differences in educational attainment contribute to and perpetuate economic disparities. Projects should address barriers to educational equity and ensure pathways to prosperity for diverse populations. Some examples of initiatives include expanding broadband access, internship and mentorship programs, literacy programs, Art/Enrichment programs, entrepreneurship training, workforce development programs, short-term credentialing, and job placement etc. Healthcare Access and Health Outcomes The COVID-19 public health emergency exacerbated health disparities in Boynton Beach as it further illuminated the effect that nonmedical social needs, or social determinants of health (SDOH), have on individual health outcomes. Some factors that strongly influence health outcomes include access to medical care, nutritious foods, clean water, education and health literacy, housing and transportation, exposure to violence, neighborhood safety and recreational facilities, occupation and job security, and socioeconomic status.The city is seeking projects that improve health outcomes either short-term or lead to behavioral change that will reduce health disparities in the long-term. Some examples of initiatives include mental health services, health risk awareness initiatives, vaccine outreach, supporting physical education programs at schools, expanding healthcare access, childcare, home visiting programs, substance and domestic abuse prevention and assistance,support for community health worker programs etc. Criminal Justice and Safety Safe neighborhoods signify stronger and happier communities. Boynton Beach aims to create neighborhoods in which parents are free to raise their children without having to worry about crime, businesses can thrive and expand, and residents are comfortable to connect with each other - all extremely important to building a strong sense of community. Proposed programs should focus on community-based approaches for violence reduction. Some examples of initiatives include Community Violence Intervention (CVI) programs, enhanced services for foster youths, at-risk youth engagement and intervention programs, crime diversion and reintegration programs etc. FY 2022 ARPA Funding Application Page 924 of 1066 The Boynton Beach City Commission held a Special Meeting on Tuesday, November 30, 2021 and adopted the ARPA Master Spending Plan, allocating City Fiscal Recovery Funds to the five (5) Community Assessment Priorities as follows: ti"k, ���; PRIORITY BUDGET Economic Stability and TResilience r $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills Development $1,500,000 Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 REPAYMENT Funding from this grant program is subject to federal, state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the awarded entity will reimburse the City of Boynton Beach these funds. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party.The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award loan funding. Agency Name: Project(s): FY 2022 ARPA Funding Application Page 925 of 1066 APPLICATION ❑ Submit Electronic Application Only ❑ Application is signed and dated. By Director, and Board Chairperson. ❑ 501(c) (3) is attached (if applicable), or EIN/Tax ID attached (if applicable). ❑ Business Tax Receipt (if applicable). ❑ Board Member list (if applicable). ❑ Copy of latest audit. ❑ All funding sources for this project identified. ADDITIONAL ATTACHMENTS ❑ Attachment 1 Agency Articles of Incorporation, Agency By-laws, and Tax Documents submitted to the Internal Revenue Service (IRS). ❑ Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) including a Business Tax Receipt (if applicable) ❑ Attachment 3 Documentation of all additional funding sources for program(s)/project(s) listed in application (if applicable) A description/schedule of fees charged to the targeted ❑ Attachment 4 beneficiaries of the programs/services/facilities to be funded (if applicable) A job description for each position for which funds are being ❑ Attachment 5 requested (explain role/responsibilities within each program/project) Minority/Women Owned Business (MWOB). A company that is at ❑ Attachment 6 least 51% owned and operated by an individual that is a female or at least 25%African American, Asian, Hispanic, or Native American. Attach Certification if applicable. FY 2022 ARPA Funding Application Page 926 of 1066 ARPA SCORING CRITERIA All applications received by the Submission Deadline will be reviewed, scored, and ranked based upon the Scoring Criteria below. Incomplete applications will be rejected and will not receive a score or ranking for consideration of funding. SCORING CRITERIA AVAILABLE POINTS 1) Grant Administration Experience 25 Available Points The applicant can demonstrate that they have sufficient experience with fiscal and administrative oversight and management in the evaluation and distribution of grant funding awards for small business grant and/or loan programs. 2) Risk Assessment 25 Available Points Applicants are expected to demonstrate that they are eligible,capable,and responsible in the management of federal funds. Costs covered by federal awards must be compliant with the terms and conditions of the award, and necessary and reasonable for the completion of the activity of the award. Fiscal and administrative oversight, internal controls, policies, procedures must be clearly documented. Number of years in operation will be considered. 3) Equity 15 Available Points The applicant provides a description on how the project aims to reach underserved populations and/or those disproportionately affected by the pandemic. 4) Activity Management& Implementation 20 Available Points Applicants have provided documentation and information showing the goals, objectives, and resources needed to implement the proposed activity are available and ready, and that the commitment for operation and maintenance, where applicable, has been certified. This criterion takes into consideration factors that may accelerate or slow down the ability to implement the activity in a timely manner. 5) Cost Reasonableness& Effectiveness 15 Available Points The activity will be evaluated in terms of its impact on the identified need, its implementation costs and budget funding request relative to the financial and human resources. Evaluation will include the cost incurred per person or per unit and the justification for a particular level of funding. Programs that are requesting support of administrative costs can range from 0- 15%. Programs that request 10% or below for administrative costs will be awarded 1 additional point in this category. FY 2022 ARPA Funding Application Page 927 of 1066 Certifications and Affirmations I certify that I am authorized to submit this application on behalf of the applicant agency. I certify that the information provided in this application and the information provided in all supporting documents and forms is true and accurate. I understand that knowingly making a false statement in this application may subject me to criminal prosecution and penalties in accordance with applicable law. I further understand that, if it is determined that any of the requirements of the federal American Rescue Plan Act are found to not be satisfied in connection with my application and/or grant award,the City of Boynton Beach retains the right to seek reimbursement of any disbursed funds. I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach ARPA Not-for- Profit/For-Profit Subrecipient Small Business Assistance Grant Program Administration and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in any way related to any City of Boynton Beach ARPA Not-for-Profit/For-Profit Subrecipient Small Business Assistance Grant Program Administration award, payment, and/or denial. I affirm that due to the public health emergency with respect to COVID-19, this grant is necessary to respond to the negative impact of COVID-19 and addresses an identified need or impact. If funded, I affirm the applicant agency will continue service operations in the City of Boynton Beach. I affirm that the tax documents provided in this application are identical to those I have submitted to the Internal Revenue Service. I certify that my agency was established and operating on or before March 1, 2020. I acknowledge that, if this grant is approved, any amount my agency receives may be considered taxable income by the Internal Revenue Service. I acknowledge that, if this grant application is approved, the City of Boynton Beach shall have access to my business records, including business records to document expenditures from the time of grant award through December 31, 2024. I acknowledge that, if this grant application is approved, my name, my agency name, and my grant award amount may be made public by the City of Boynton Beach. I acknowledge that, if this grant application is approved, my agency will be subject to Florida Sunshine Law, FL State Statute 119.0701 Applicant Signature: Title: Date: FY 2022 ARPA Funding Application Page 928 of 1066 A Pre-Submittal Application Workshop will be held on January 13, 2022 in the City of Boynton Beach City Commission Chambers located at 100 E.Ocean Avenue, Boynton Beach, Florida 33435 at 4:00 P.M. Attendance is encouraged and proof of attendance will be indicated by the agency representative's signature on the attendance sheet provided at the Workshop. Questions submitted after the Workshop will be posted on the City of Boynton Beach ARPA website with responding answers. Applicants will not receive personal/direct answers to questions after January 13, 2022. PROGRAM DESCRIPTION The City of Boynton Beach (the "City") recognizes that small businesses have suffered substantial financial loss due to the economic impacts caused by the COVID-19 pandemic. In response to the negative economic impacts on our local businesses and the Boynton Beach economy, the City has created the City of Boynton Beach ARPA Small Business Assistance Grant Program (the "Program"). The Program is intended to provide direct financial assistance to businesses that were negatively impacted by the COVID-19 pandemic. The goal of this program is to help small businesses keep their doors open, protect local jobs, support community recovery, and increase the resiliency of local businesses in our community. Through the Program, eligible businesses with receive a grant of up to $10,000. Grant funding will be based on loss revenue caused by the pandemic. Businesses must meet all of the eligibility requirements to qualify for grant funding. The small business grant program guidelines, eligibility requirements, and required documentation can be found on APPENDIX D - City of Boynton Beach ARPA Small Business Assistance Grant Program. The City is looking for a qualified organization to administer the ARPA Small Business Assistance Program to provide direct financial relief to Boynton Beach small businesses. The selected organization will disperse the funds directly to approved small businesses.The administrative fee for the administration of this program is capped at 15%. FY 2022 FUNDING REQUEST To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit Electronic Application ONLY to ARPA@bbfl.us , February 4, 2022. Please review the "Subrecipient Guide" for the reporting requirements and timelines. For assistance, please email Carisse LeJeune at lejeunec@bbfl.us or call 561-202-7554, Monday-Friday, 8:00 am —5:00 pm. If approved for funding, additional information may be requested prior to award. A. GENERAL INFORMATION 1. Name of Applicant: ❑ Non-profit [Tax ID#]: ❑ For-Profit [Tax ID#]: FY 2022 ARPA Funding Application Page 929 of 1066 (Check the appropriate box and provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 IRS Code if you are a non-profit) Recipients of City of Boynton Beach ARPA award funds will be required to have or obtain a Federal DUNS number (Data Universal Numbering System Number is a unique nine-digit business identifier that is required for applying for any grants from the federal government)per Section B.3.e of the Coronavirus State and Local fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities. 2. Area or Location of Organization: 3. Contact Person/Title: (Preferably Pres./Director) Email Address: Additional Contact Person/Title: (Preferably Person responsible for preparing reports) Alternate Email Address: Mailing Address/Zip: Telephone: Fax: 4. Total Amount of ARPA Funds Requested for Program Administration(s): 5. Total Amount of Additional (non-ARPA) Funds for Project(s): Source of Additional Funding: ❑ Cash ❑ In-Kind ❑ Other Grants ❑ Donations Identify Source of Additional Funding: 6. Is this project: ❑ Anew service; or ❑ A quantifiable increase in the level of an existing service which has been provided by the applicant. 7. Has the applicant received State or local government funds in the 12 months preceding the submission of this application for the project(s) for which the applicant is requesting ARPA funds? ❑ Yes ❑ No If Yes, what is the funding source? 8. Could this project occur without these funds? ❑ Yes ❑ No 9. Will this project continue after ARPA funding ends? ❑ Yes ❑ No If Yes, describe how the applicant will guarantee the sustainability of the project/program after ARPA funds have been spent. FY 2022 ARPA Funding Application Page 930 of 1066 B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. C. STRATEGY: Check the COMMUNITY ASSESSMENT PRIORITY for which you are requesting funding, and enter the eligible program/project, the metric being used to measure success, and the desired outcome of the project/program. X— means not applicable COMMUNITY ASSESSMENT PROGRAM/PROJECT METRIC DESIRED OUTCOMES PRIORITY Economic Stability & Resilience Housing Affordability& X X X Home Ownership Educational Opportunities & X X X Job Skills Development Healthcare Access & Health X X X Outcomes Criminal Justice &Safety X X X D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, grant application evaluation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the ARPA funds are proposed to be used. Please provide a list of references (if applicable) of agencies you have administered similar program for(at least 2). (Attach additional sheets if necessary) FY 2022 ARPA Funding Application Page 931 of 1066 Explain how this program fits with your mission. How will it impact your current operation? _ How does this program mitigate and/or respond to the negative impacts of the COVID- 19 public health emergency? FY 2022 ARPA Funding Application Page 932 of 1066 Where will the program take place and is it within the City of Boynton Beach municipal boundaries? Are you working with other organizations in a cooperative effort on the program? If yes, please list the other organizations and their role and responsibilities. Goals/Objectives/Activity Measures: (Descriptive narrative. For multiple projects, please use separate Goal Sheet for each individual project). Project/Program Title: Goal: Objective#1: Resources Needed &Available: Start Date & Duration: Objective#2: Resources Needed &Available: Start Date & Duration: Objective#3: Resources Needed &Available: Start Date & Duration: FY 2022 ARPA Funding Application Page 933 of 1066 Goal: Objective#1: Resources Needed &Available: Start Date & Duration: Objective#2: Resources Needed &Available: Start Date & Duration: Objective#3: Resources Needed &Available: Start Date & Duration: E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and additional funding. Please place C=Cash, 1=ln-Kind, O=Other Grants, D=Donations beside each amount under "Other Project Funds" to denote the type of funds being used. If funding request is for multiple programs/projects, please provide a separate PROJECT BUDGET for each program/project and indicate which COMMUNITY ASSESSMENT PRIORITY the program/project falls under. (See Appendix A for eligible projects/programs under individual Community Assessment Priorities) Project/Program Title: Line Item ARPA Funds Requested Other Project Funds Total Project Budget ADMINISTRATION: Personnel (#) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Professional Services Vehicle Fuel/Mileage Other (Insurance, etc.) FY 2022 ARPA Funding Application Page 934 of 1066 COMMUNITY ASSESSMENT PRIORITY Economic Stability & Resilience Housing Affordability X X X & Home Ownership Educational X X X Opportunities &job Skills Development Healthcare Access and X X X Health Outcomes Criminal Justice & X X X Safety TOTALS F. APPLICANT INFORMATION: (Provide a brief description of each) Mission Statement: Will all ARPA funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding? Provide a brief description of the applicant's policies and procedures that ensure funds will be tracked appropriately. Does the applicant have written policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the applicant's policies and procedures. The City of Boynton Beach may request a copy for review during the application and award process or as part of the grant monitoring process. FY 2022 ARPA Funding Application Page 935 of 1066 Is the applicant's financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization's process for tracking expenditures, including tracking budgeted versus actual amounts. Does the applicant have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant's internal controls that will provide reasonable assurance that the award funds will be managed properly. Does the applicant have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Records Retention and Access can be found at 2 C.F.R § 200.333-200-337. Is the individual primarily responsible for fiscal and administrative oversight of grant awards familiar with the applicable grant management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)? Provide a short list of the individuals qualifications and experience. FY 2022 ARPA Funding Application Page 936 of 1066 Does the applicant have policies and procedures in place to manage subawards and monitor activities of subrecipients as necessary to ensure that subawards are used for authorized purposes in compliance with laws, regulations, and terms and conditions of the award and that established subaward performance goals are achieved (2 C.F.R. §§200.330-200.332)? Provide a brief description of the organization's policies and procedures on subrecipient monitoring and management. Does the applicant currently require employees to maintain time distribution records that accurately reflect the work performed on specific activities or cost objectives in order to support the distribution of employees' salaries among federal awards or other activities (2 C.F.R. §200.430)? Budget estimates do not qualify as support for charges to federal awards. Provide a brief description of the organization's established timekeeping policies and procedures. Is the project/program an evidence-based intervention with strong or moderate evidence? If yes, please describe the supported causal conclusions and positive findings on outcomes. APPENDIX 8 (attached)provides definitions of Strong, Moderate, and Preliminary evidence. APPENDIX C(attached) denotes areas where subrecipients must report the total funds that are allocated to evidence-based interventions (*) and areas where subrecipients must report on whether projects are primarily serving disadvantaged communities (A). FY 2022 ARPA Funding Application Page 937 of 1066 G. CONFLICT OF INTEREST Federal law (24 CFR§570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant...or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? ❑ Yes ❑ No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? ❑ Yes ❑ No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? ❑ Yes ❑ No If yes, please list names: The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: Signature: Title: Date: Name: Signature: FY 2022 ARPA Funding Application Page 938 of 1066 Title: Date: H. DRUG FREE WORKPLACE CERTIFICATION In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against an employee for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees from drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that under this solicitation a copy of the statement specified in subsection (1) above. 4. In the statement specified in section (1), notify the employees that, as a condition of working in the commodities or contractual services that are under this solicitation, the employees will Abide by the terms of the statement and will notify the employee of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or if and controlled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Signature of Respondent: Witness: FY 2022 ARPA Funding Application Page 939 of 1066 APPENDIX A—Eligible Uses The following is not an exhaustive list of potential projects or programs, but are provided as examples of eligibility, based upon the City of Boynton Beach Qualified Public Survey Response. Any questions regarding eligibility of projects or programs, please contact Carisse LeJeune,ARPA Project Manager at leieunec@bbfl.us. COMMUNITY ASSESSMENT PRIORITIES ELIGIBLE PROJECTS/PROGRAMS Economic Stability & Resilience • Small business grants and loans • Target hardest hit industries, ex. fishing and art industries • Supporting businesses that did not qualify for federal programs • Technical assistance support • Job training assistance • Direct payments to households • Food assistance • Prioritize low-to-moderate income families Housing Affordability& Home Ownership • Rental and mortgage assistance • Affordable housing • Utility assistance • Housing counseling • Home rehabilitation • Homelessness services Educational Opportunities &Job Skills • Broadband infrastructure Development • Internship and mentorship programs • Literacy programs • Art/Enrichment programs • Prioritizing children that experienced at-home learning challenges • Entrepreneurship training Healthcare Access and Health Outcomes • Mental health services • Vaccine programs • Supporting Physical Education programs at schools • Public Health Clinics • Childcare • Home visiting programs • Substance and domestic abuse • Community health workers Criminal Justice &Safety • Community Violence Intervention (CVI) programs • Enforcement efforts to reduce gun violence • Investing in technology and equipment for law enforcement • Enhanced services for foster youths FY 2022 ARPA Funding Application Page 940 of 1066 APPENDIX B - Evidenced-Based Intervention Additional Information What is evidence-based? For the purposes of the SLFRF, evidence-based refers to interventions with strong or moderate evidence as defined below: Strong evidence means the evidence base that can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence.This consists of one or more well-designed and well-implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes. Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions.The evidence base consists of one or more quasi-experimental studies with positive findings on one or more intended outcomes OR two or more nonexperimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include:well-designed and well-implemented quasi-experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e., a similar population that does not receive the intervention). Preliminary evidence means that the evidence base can support conclusions about the program's contribution to observed outcomes.The evidence base consists of at least one nonexperimental study.A study that demonstrates improvement in program beneficiaries over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn and improve program operations would constitute preliminary evidence. Examples of research that meet the standards include: (1)outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries' responses at the end of the program; and (2) pre-and post-test research that determines whether beneficiaries have improved on an intended outcome. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance FY 2022 ARPA Funding Application Page 941 of 1066 APPENDIX C—Expenditure Categories (For Treasury Reporting) The Expenditure Categories (EC) listed below must be used to categorize each project for Quarterly Reporting to the US Treasury. The term "Expenditure Category" refers to the detailed level (e.g., 1.1 COVID-19 Vaccination). When referred to at the summary level (e.g., EC 1) it includes all Expenditure Categories within that summary level. For example, EC 1 at the summary level is Public Health. (*) Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence-based interventions (see Use of Evidence section above for details) (^) Denotes areas where recipients must report on whether projects are primarily serving disadvantaged communities (see Project Demographic Distribution section above for details) Public Health 1.1 COVID-19 Vaccination^ 1.2 COVID-19 Testing^ 1.3 COVID-19 Contact Tracing 1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools,etc.)* 1.5 Personal Protective Equipment 1.6 Medical Expenses (including Alternative Care Facilities) 1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency 1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine) 1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVI D-19 1.10 Mental Health Services* 1.11 Substance Use Services* 1.12 Other Public Health Services Negative Economic Impacts 2.1 Household Assistance: Food Programs* ^ 2.2 Household Assistance: Rent, Mortgage, and Utility Aid* ^ 2.3 Household Assistance: Cash Transfers* ^ 2.4 Household Assistance: Internet Access Programs* ^ 2.5 Household Assistance: Eviction Prevention* ^ 2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers* 2.7 Job Training Assistance(e.g., Sectoral job-training, Subsidized Employment, Employment Supports or Incentives)* ^ 2.8 Contributions to UI Trust Funds 2.9 Small Business Economic Assistance(General)* ^ 2.10 Aid to Nonprofit Organizations* 2.11 Aid to Tourism,Travel, or Hospitality 2.12 Aid to Other Impacted Industries 2.13 Other Economic Support* ^ 2.14 Rehiring Public Sector Staff Services to Disproportionately Impacted Communities 3.1 Education Assistance: Early Learning*^ 3.2 Education Assistance:Aid to High-Poverty Districts^ FY 2022 ARPA Funding Application Page 942 of 1066 3.3 Education Assistance:Academic Services^ 3.4 Education Assistance:Social, Emotional, and Mental Health Services^ 3.5 Education Assistance:Other*^ 3.6 Healthy childhood environments: Child Care* ^ 3.7 Healthy Childhood environments Home Visiting* ^ 3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System*^ 3.9 Healthy Childhood Environments: Other* ^ 3.10 Housing Support:Affordable Housing* ^ 3.11 Housing Support:Services for Unhoused Persons* ^ 3.12 Housing Support:Other Housing Assistance*^ 3.13 Social Determinants of Health:Other*^ 3.14 Social Determinants of Health:Community Health Workers or Benefits Navigators* ^ 3.15 Social Determinants of Health: Lead Remediation^ 3.16 Social Determinants of Health:Community Violence Interventions* ^ Administrative 7.1 Administrative Expenses 7.2 Evaluation and Data Analysis 7.3 Transfers to Other Units of Government 7.4 Transfers to Non-entitlement Units(States and territories only) Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance FY 2022 ARPA Funding Application Page 943 of 1066 APPENDIX D—City of Boynton Beach Small Business Assistance Grant Program Program Overview The City of Boynton Beach (the "City") recognizes that small businesses have suffered substantial financial loss due to the economic impacts caused by the COVID-19 pandemic. In response to the negative economic impacts on our local businesses and the Boynton Beach economy, the City has created the City of Boynton Beach ARPA Small Business Assistance Grant Program (the "Program").The Program is intended to provide direct financial assistance to businesses that were negatively impacted by the COVID-19 pandemic. The goal of this program is to help small businesses keep their doors open, protect local jobs, support community recovery, and increase the resiliency of local businesses in our community. Through the Program, the City will provide eligible businesses with a grant of up to $10,000. Grant funding will be based on loss revenue caused by the pandemic. Businesses must meet all of the eligibility requirements to qualify for grant funding. Priority will be given to businesses that have not received any government relief support funding.This includes but is not limited to: The Paycheck Protection Program (PPP), SBA's COVID EIDL Program, Palm Beach County's Restart Business Grant Program, and the Boynton Beach Community Redevelopment Agency's Small Business Disaster Relief Forgivable Loan Program. Program Funding Amount The total amount requested for this program is $345,000. Of the total amount requested, $300,000 will go directly to small businesses in the form of a grant with the remaining funds going toward an administrative fee capped at 15% equaling $45,000. Eligibility Requirements • Business must be a for-profit business that has been in operation (as evidenced by a Certificate of Occupancy and/or City of Boynton Beach Business Tax Receipt) prior to March 1, 2020. • Business must be located within the city limits of the City of Boynton Beach. • Business has to have between 1 and 25 employees with an annual gross revenue of $3,000,000 or less. Non-profit organizations are not eligible for funding. • Business must have experienced a loss of revenue due to the COVID-19 pandemic and be able to demonstrate this loss with documentation. • Business must be properly licensed by all necessary levels of government and professional associations or agencies, including City and County Business Tax Receipts (BTRs). • If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may only sign the application on behalf of one business. (Note: this means that if one or more eligible businesses have a Principal/Owner in common, only one of those businesses may apply for the Program, even if the business(es) has(have) more than one Principal/Owner). FY 2022 ARPA Funding Application Page 944 of 1066 Eligible Uses The grant may be used for any of the following options: • Revenue loss mitigation — Funds may be used to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and other operating costs • Facilities— Funds may be used to implement COVID-19 prevention or mitigation tactics, such as physical plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing programs • Business Planning— Funds may be used to obtain technical assistance, counseling, or other services to assist with business planning needs due to impacts from the COVID-19 pandemic. Ineligible Uses Grant funds may not be use for the following: • Paying off non-business debt, such as personal credit cards for purchases not associated with the business • Personal expenses not associated with the business • Direct financing to political activities or paying off taxes and fines • The purchase of drugs, tobacco, and/or alcohol • Food and entertainment • Bonuses • Travel not associated with direct business operations • Any other expenses the City determines does not meet the eligible use requirements of the American Rescue Plan Act (ARPA) Application Process Grants will be awarded on a first-come, first-served basis with priority given to those businesses that have not received any government relief support funding. Once your completed application is received with all required documentation and eligibility has been verified, your application will be processed for funding approval. All required documentation must be submitted before your application can be approved. Required Documentation in Application Package All applicants must submit the following documentation with your application: 1. Completed and signed application 2. Completed W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. Copy of"Active" State of Florida Division of Corporations Record as shown on SunBiz.org. Grant applicant must be the business entity (or d/b/a) named on the corporate documents. 5. Completed Certifications and Affirmations Form 6. Business Financials FY 2022 ARPA Funding Application Page 945 of 1066 Sole Proprietors o 2019 and 2020 Individual Income Tax Returns (Form 1040) including Schedule C and all other schedules/statements submitted with the tax returns to IRS; and o Profit and Loss Statement from any quarter in 2020 and/or 2021 indicating a loss in revenue (please sue the attached template if needed); or o Bank statements from any quarter in 2020 and/or 2021 indicating a loss in revenue Corporations and LI-Cs o 2019 and 2020 Corporate Income Tax Return (Form 1120 or 1120-S); and o Employer's Quarterly Federal Tax Return for any quarter indicating a loss in revenue (IRS Form 941); or o Profit and Loss Statement from any quarter in 2020 and/or 2021 indicating a loss in revenue (please sue the attached template if needed); or o Bank statements from any quarter in 2020 and/or 2021 indicating a loss in revenue Partnerships o 2019 and 2020 Return of Partnership Income (Form 1065); and o Employer's Quarterly Federal Tax Return for any quarter indicating a loss (IRS Form 941); or o Profit and Loss Statement from any quarter in 2020 and/or 2021 indicating a loss in revenue (please sue the attached template if needed); or o Bank statements from any quarter in 2020 and/or 2021 indicating a loss in revenue 7. Additional documentation that demonstrates the business experienced a negative economic impact. REPAYMENT Funding from this grant program is subject to federal, state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the business or business owner will reimburse the City of Boynton Beach these funds. See list of eligible and ineligible uses above. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full.Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. FY 2022 ARPA Funding Application Page 946 of 1066 City of Boynton Beach ARPA Small Business Assistance Grant Program Certifications and Affirmations I certify that I am authorized to submit this application on behalf of the applicant business. I certify that the information provided in this application and the information provided in all supporting documents and forms is true and accurate. I understand that knowingly making a false statement in this application may subject me to criminal prosecution and penalties in accordance with applicable law. I further understand that, if it is determined that any of the requirements of the federal American Rescue Plan Act are found to not be satisfied in connection with my application and/or grant award, the City of Boynton Beach retains the right to seek reimbursement of any disbursed funds. I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach ARPA Small Business Assistance Grant Program and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in any way related to any City of Boynton Beach ARPA Small Business Assistance Grant Program award, payment, and/or denial. I affirm that due to the public health emergency with respect to COVID-19, this grant is necessary to support the ongoing operations for the applicant business. If funded, I affirm the applicant business will continue business operations in the City of Boynton Beach. I affirm that the tax documents are identical to those I have submitted to the Internal Revenue Service. I certify my business has an active City of Boynton Beach Business Tax Receipt OR is exempt from filing a Business Tax Receipt with the City of Boynton Beach. I certify that my business was established and operating in the City of Boynton Beach on or before March 1, 2020. I acknowledge that, if this grant is approved, any amount my business receives may be considered taxable income by the Internal Revenue Service. I acknowledge that, if this grant application is approved, the City of Boynton Beach shall have access to my business records, including business records to document expenditures from the time of grant award through December 31, 2024. I acknowledge that, if this grant application is approved, my name, my business name, and my grant award amount may be made public by the City of Boynton Beach. Applicant Signature: Title: Date: FY 2022 ARPA Funding Application Page 947 of 1066 Profit and Loss Statement For Period: To: Applicant's Name: Applicant's Company Name: Applicant's Company Address: Revenue: Amount: Sales: $ Income: $ Other $ Total income: $ Expenses: Automobile: $ Fuel: $ Insurance: $ Supplies: $ Rent: $ Telephone: $ Other $ Other $ Other $ Total Expenses: $ Total Income minus Total Expense: $ Name of person who prepared Profit & Loss: Company Name (if applicable): Telephone Number: Signature: Date: FY 2022 ARPA Funding Application Page 948 of 1066 Warning: Florida Statute817.03 Making false statement to obtain property or credit. Any person who shall make or cause to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities, or relating to financial condition, assets or liabilities of any firm or corporation in which such person has a financial interest, or for whom he or she is acting, with fraudulent intent of obtaining credit, goods money or other property, and shall be such false statement obtain credit, goods, money or other property, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. FY 2022 ARPA Funding Application Page 949 of 1066 10.B. Unfinished Business 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Approve the use of ARPA funding in the amount of$774,000 to Boynton Beach's eight (8) Title 1 public schools and Imagine Chancellor Charter. The funding will be allocated accordingly and sub-recipient agreements will be brought back to Commission for final approval: Freedom Shores- $92,000 Forest Park Elementary - $80,000 Poinciana STEM Elementary - $92,000 Galaxy Elementary - $100,000 Crosspointe Elementary - $100,000 Rolling Green - $100,000 Congress Middle- $100,000 Boynton Beach Community High - $100,000 I magine-Chancellor Charter School - $10,000 Explanation of Request: The City of Boynton Beach received a total of$13,647,904 in Coronavirus State and Local Fiscal Recovery Funds as part of the American Rescue Plan Act(ARPA). On December 7, 2021, the Boynton Beach City Commission approved the following Master Spending Plan. PRIORITY BUDGET Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills $1,500,000 Development Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 AMERICAN RESCUE PLAN ACT (ARPA) NOFO SCHEDULE MILESTONE DATE Promote Framework& NOFO Schedule to Dec 15, 2021 Providers Commission Approve Partnership Initiatives and NOFO Solicitation Jan 4, 2022 Advertise NOFOs Jan 7, 2022 Pre-Proposal Workshop Jan 13, 2022 Page 950 of 1066 Proposals Due Feb 4, 2022 Proposal Evaluations Completed Feb 15, 2022 Commission Approve NOFO Mar 1, 2022 Recommended Awards On January 4, 2022, the Boynton Beach City Commission approved the following Notice of Funding Opportunities (NOFOs)for use of the City's ARPA funds for Non-Profit/For-Profit Subrecipient Grant Applications, a Small Business Grant Program, a Small Business Technical Assistance Program with FAU Tech Runway, and the Boynton Beach Elementary School Program Partnership Initiative. ARPA Initiative Amount NOFO—ARPA Non-Profit& For-Profit $7,000,000 Cless approved Program funding) Subrecipient Grant Application NOFO—ARPA Small Business Assistance Grant $345,000 Program Administration PARTNERSHIP INITIATIVE —ARPA Small $60,000 Business Technical Assistance Program PARTNERSHIP INITIATIVE —ARPA Boynton $51,500 Beach Elementary School Programs The $51,500 for the Elementary School Partnership Initiative was allocated accordingly: Freedom Shores Elementary - $8,000 Forest Park Elementary - $20,000 Poinciana STEM Elementary - $8,000 Citrus Cove Elementary - $15,500 Following the January 4, 2022 ARPA funding approval for the Elementary Schools Partnership Initiative, Subrecipient Agreements with each individual school were approved by the City Commission on March 1, 2022 and April 5, 2022 respectively. How will this affect city programs or services? The ARPA funds will address priorities established by the U.S. Treasury to support economic stabilization for households and to address and mitigate disproportionate educational disparities compounded by the COVI D-19 public health emergency. There will not be any direct impact on City services or programs. Fiscal Impact: The Schools will be funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: Do not approve ARPA funds for Boynton Beach's Title 1 public schools and I magine Chancellor Charter School. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 951 of 1066 Is this a grant? Grant Amount: Attachments: Type Description D Attachment ARPA Elementary School Partnership Initiative D Attachment I magine-Chancellor Charter School ARPA Proposal D Agreement ARPA Subrecipient Agreements® Elementary Schools Page 952 of 1066 Office of Economic Development and Strategy 100 E. Ocean Ave. Boynton Beach, Florida 33435 (13): 561-742-6014 1 (F): 561-742-6011 ' www.bovnton-beach.ora December 21, 2021 Re: ARPA Partnership Funding Request— Palm Beach County School District Dear Mayor, Vice Mayor and Commissioners: The attached Project Charters are part of a partnership with the Palm Beach County School District. The Charters include a STEAM classroom, STEM Club, and an Enrichment Project that will provide our local students with important extracurricular activities that support their academic, physical, and emotional well-being. These extracurricular activities play an important role as they will provide additional opportunities for the students and support the regular school curriculum. Below is a breakdown of each school's funding request and the total cost of the partnership. School Project Name Funding Request Freedom Shores Elementary STEM Club $8,000 Forest Park Elementary Forest Park Enrichment Project $20,000 Citrus Cove Elementary Citrus Cove Elementary STEAM $15,500 Classroom Total Amount Requested $43,500 The Project Charters will provide a more detailed description of each project's mission, objectives, and deliverables. Sincerely, PVM vaigow John Durgan Economic Development Manager City of Boynton Beach Page 953 of 1066 CITY OF tB TO N E A C H Project Charter Project STEM Club Created By Michael Sabatino Date 11-12-21 Phone 561-804-3100 Email Michael.sabatino@palmbeac hschools.orQ Mission Our vision is to connect scientific concepts and standards to hands-on projects and experiments so the students have a visual experience of what they are learning. Through the use of Robotics the students can develop these skills and learn to apply them as well. Objectives By the students actively participating in creating programs to control the Robots they can make connections to the standards they are learning in the classroom which will help to clarify what is being learned in the classroom. This will also develop more background knowledge about the standards. Deliverables This project will allow the students to use coding skills along with computer knowledge to control robots. They will also develop the robots so many different standards will be developed. Stakeholders This will be done be students in an afterschool club sponsored by our STEM teacher and other science teachers at our school. Roles and The kits that we would like to order come with instructions for many different Responsibilities applications, so the teachers would be able to focus lesson on various standards when building the robotics. The students would work together in small groups and collaborate their ideas. High-Level Work The project will be an ongoing task until it is completed, then the students can Breakdown develop a more intricate device to further enhance their understanding. Structure Assumptions The students' interest levels are a main focus with this project, since they are very attentive to computer based applications and robots. Communications Communication will be done through phone calls and written notes. There will be permission slips so the parents will be as accountable as the students and the club will meet weekly. Risks The highest risks will be parent pick-ups, but this is addressed through the permission slips which clearly state that two late pick-ups would lead to termination from the club. Documentation The teachers of the club will keep a binder with notes about the students' accomplishments. The students will also have a journal so they can track ideas that were successful as well as those that were not so they can make necessary improvements. Boundaries There may be some items that would be needed to increase the levels of the projects being done by the students such as materials to build tracks. Decision Making The decisions would be made by the teachers and they would assist the Process children in developing their project. Signatures See attachment 1ff age 954 of 1066 CITY OF tB E A C H TO N Project Charter Project Forest Park Enrichment Project Created By Nancy Robinson Date 12-17-21 Phone 561-292-6903 Email Nancy.robinson@palmbea chschools.orq toni.mcmillan@palmbeach schools.orq Funding Request $20,000 Mission Provide enrichment opportunities for Forest Park students in academics, physical and emotional well being Objectives • Performing arts- Expand musical theater experience in an afterschool club • Physical Fitness-Promote healthy lifestyle and healthy choice in an afterschool club • Social Emotional Learning - Enhance school environment to promote social and emotional wellbeing throughout the school day • Citizenship - Expand our IB Ambassador club to promote good citizenship in the school community throughout the school day and afterschool club • Academic Acceleration - Provide enrichment opportunities for primary students in the area of math and science in an afterschool club and/or summer camp • Behavioral- Provide a Girls' Club and Boys' Club to promote positive behavior in an afterschool club Deliverables Performing arts Students will participate in a musical theater production Physical Fitness Students will participate in fitness program Social Emotional Learning Students will benefit from a room that support social emotional needs of students Citizenship Students will have opportunities to participate in school marketing and school events that focus on IB traits Academic Acceleration Students will participate in challenging project-based math and science learning Behavioral Students will have an opportunity to apply lessons from their club in a real- life setting Stakeholders The selected students/parents and club sponsors are stakeholders in the project. 1age 955 of 1066 CITY OF tB E A C H TO N Roles and The admin team will meet regularly with club sponsors/teachers to Responsibilities monitor commitment to the project and measure deliverables High-Level Work The enrichment project has six components. Administration will monitor Breakdown all components for compliance. Structure .,I., Assumptions The funding will strength the clubs and provide financial resources Communications Communication will be conveyed through newsletters, flyers, phone calls emails and social media. Risks Limited risk due to majority of activities are campus- based Documentation Each sponsor of each club will be responsible for their budget, attendance and program evaluation. The admin team will oversee the implementation. Boundaries Participation boundaries are limited to the students of Forest Park. Decision Making The sponsors of each club will meet with administration periodically to Process address concerns. Signatures Nancy Robinson, Principal and Toni McMillan, Assistant Principal 2 Page 956 of 1066 ' 6 CITY OF E A C Project Charter Project Citrus Cove Elementary STEAM Classroom Created By Adina Kerr Date 11/23/21 Phone 561-292-7000 Email adina.kerr@palmbeachschools.org Mission Our project mission is to reach and educate all of our students with a STEAM classroom that can be utilized PreK-5. In our STEAM classroom there will be computers, hands on science materials, art supplies, 3D printers, music instruments and math manipulatives for teachers and students to use on a rotating basis for project-based learning, which gives all classes the opportunity to explore the five components of STEAM. Due to the global pandemic, students experienced an academic decline which this classroom would assist in helping students connect what they are learning to hands on , real world experiences. Objectives We want to allow our students to be creative, plan and test their hypothesis and have fun leaming about different aspects of the careers that will be available to them in the future. We have found that using this model has helped individual learning growth and enhanced the leaming experience with the ability to work in groups. Students have become more independent and responsible for their learning. Having a STEAM classroom available, all items will be at the teachers and students' finger tips. There will be no need to transport materials from classroom to classroom. Deliverables Our STEAM classroom will allow students to become independent thinkers and guide them through the problem-solving process. It will give all students the opportunity to explore the arts in an environment that is structured to help the beginning student to grow to an advanced student. This will help our diverse students achieve learning goals in reading, math and science. As well as, allowing the students who do not have the opportunity to be enriched in after school programs to experience that enrichment like their peers. We will expose students to tools and skills related to careers that fall under the STEAM umbrella, such as engineering or science. This can be measured through gains of formal assessments. Stakeholders We will have a team put in place including our administration, STEAM committee which is comprised of teachers from each grade level, an appointed member from our PTO and SAC committees to have a well-balanced team. Adina Kerr, music director and SAC chair will be the sponsor adina.kerrftalmbeachschools.orp natalie.cromwelKa�.palmbeachschools.orp michelle.richards_palmbeachschools.orp 1 1 fge 957 of 1066 ' 6 CITY OF E A C Roles and Project Manager: Adina Kerr, develops schedule, task roster, and delegates to Responsibilities leads Administration: Natalie Cromwell, approves all purchases made Bookkeeper: Cara Monteith, will purchase all items necessary to create our STEAM classroom. Committee Lead: Michelle Richards, STEAM Committee Chair will meet with the STEAM committee and Fine Arts teachers to discuss what items may be needed for the classroom to enhance the students learning experience. PTO Representative: communicate with the PTO board about the STEAM classroom SAC Representative: Sophia Youngberg, community stakeholder, communicates with the School Advisory Council about the STEAM classroom High-Level Work The classroom will be designed by project manager and fine arts team and they Breakdown will present the plan to the project committee leads. We will break down the Structure project into smaller tasks that each lead will then execute with their assigned group. The STEAM committee will be responsible for compiling a list of items needed for the room to be functioning as a STEAM classroom. All other project team members are there to support and help with the organization of volunteers for set up/work days. Assumptions We will have all project members attend the meetings. All of our volunteers will have the skills needed to perform any duty. All materials will be in working order and no delays on items purchased. Communications All information will be communicated through the project manager to each team member. All final approvals will come from administration. We have a great team of administration, teachers, support staff, parents and community members. Our relationships are strong and their goal is to make our school community the best in Palm Beach County. Out team will meet for the presentation of the project, a planning meeting, update on team volunteers, workday schedule meeting, and final completion of project meeting. We will value and consider all opinions from a variety of viewpoints. Risks Plan will be clearly defined; all teachers and staff will be trained in the use of materials. Documentation All documentation will be kept on a Google Sheet by teachers utilizing the STEAM classroom. As items/activities change, the Google Sheet will be updated. We will be keeping track of the number of hours and number of students used the STEAM classroom. Boundaries The school will provide the space and set up for the STEAM classroom. Decision Making All decisions will be voted on at our presentation and planning meetings by our Process project team by a simple majority. 50%plus 1 Signatures We will have the committee sign a final version of the charter once agreed-upon. 2 1 Pojee 958 of 1066 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT"A"-SCOPE OF SERVICES Project Name: POINCIANA DRUM LINE ARPA Funding Educational Opportunities and Job Skills Development Priority: Project Location: 1203 N. Seacrest Blvd., Boynton Beach, FL 33435-3018 Project Manager: Tanya McDowell Company: Poinciana STEM Elementary School LACES School ID: 120150001523 Contact Name: Tanya McDowell Contact Email: tanya.mcdowell@palmbeachschools.org Contact Mailing 1203 N. Seacrest Blvd., Boynton Beach, FL 33435-3018 Address: Project Description Students will learn to read and perform simple rhythmic patterns as well as develop basic coordination skills. (Whole, half, quarter, eighths, notes/rests). Students will perform simple rudiments, such as, single stroke rolls, paradiddles and the basic double stroke roll. As the drumline grows, our third graders will advance to reading and performing sixteenth and thirty-second notes/rests. More advanced rudiments such as, five, seven, and nine stroke rolls, double/triple paradiddles and mixed sticking. For the color guard the purpose is to interpret the music through the use of dance and synchronized use of a flag. Bringing to life the music, color guard students dance to choreographed movement with the use of props to tell a story. A drumline can exercise the mind and body, encourage friendships, cultivate creativity, and provide students with a unique opportunity to grow as individuals. It will benefit the students academically as well. When children are exposed to music education, they learn excellent study habits. Mastering their specific musical craft takes a concentrated effort, consistent practice and patience. These habits translate into other areas of study. We hope to foster individual expression, the complexity of teamwork, and a greater sense of community Deliverables: Metric: Number of students initially participating. (Metrics/Outcomes) Outcome: >50%of students initially participating remain with the program. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at leieunec@bbfl.us no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non-eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Page 1 of 3 Page 959 of 1066 Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1—March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1—September 30 October 15, 2022 4 2022 4 October 1—December 31 January 15, 2023 5 2023 1 January 1—March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1—September 30 October 15, 2023 8 2023 4 October 1—December 31 January 15, 2024 9 2024 1 January 1—March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1—September 30 October 15, 2024 12 2024 4 October 1—December 31 January 15, 2025 BUDGET Purchase of equipment and materials for Drum Line and Color Guard =$8,000.00 POINCIANA DRUM LINE Remo Ambassador Coated Headed 20 inches (Quantity 2) $ 73.98 Remo Ambassador Coated Head 18 inches (Quantity 2) $ 49.98 Pearl Junior Marching Bass Drum and Carrier 20x 8 inches (Quantity 1) $ 369.44 Remo Ambassador Coated Head 12 inches (Quantity 6) $ 105.00 Pearl Competitor Marching Tom Set Pure White (Quantity 2) $ 837.98 Zildjian Leather Cymbal Straps (Quantity 2) $ 25.90 Meinl Brass Marching Medium Cymbal Pair 16 inches (Quantity 2) $ 279.98 Promark PSMB2 Marching Bass Drum Mallets PSMB3 Medium Small (Quantity 3) $ 104.97 Vic Firth Corpsmaster Roger Carter Signature Marching Snare Drumsticks Wood $ 249.80 (Quantity 20) Pearl Junior Marching Bass Drum and Carrier 18 x 8 inches (Quantity 1) $ 347.99 Pearl Junior Marching Snare Drum and Carrier 12 x 8 inches (Quantity 10) $2,979.90 Shipping Costs $ 600.00 5 ft. Poles 30x46 (Quantity 15) $ 149.25 Flags (item#58102) (Quantity 15) $ 179.25 Page 2 of 3 Page 960 of 1066 Color Guard Gloves (Quantity 15) $ 232.50 Color Guard Shoes (Quantity 15) $ 449.25 Color Guard Uniform tops (Quantity 15) $ 899.25 Color guard Uniform pants (Quantity 15) $ 449.25 Boys Band Uniforms tops and pants $ 600.00 Total Budget $8,983.67 Total Request $8,000.00 Page 3 of 3 Page 961 of 1066 City of Boynton Beach ARPA Partnership Subrecipient Funding Information School: Imagine Schools Chancellor Campus School's National Center for Education Statistics ("NCES") School ID: 120150003768 Name of your Project: School Food Service Support Total Cost of the Project: $10,000 Please provide your preference for receipt of funding, partial/full payment in advance or reimbursement. If requesting in advance, you will have to demonstrate a burden of need. August invoice from SLA-Food Service Management Company Primary Place of Project: Imagine Schools Chancellor Campus Start and End Date: August 2022-October 2022 Project's Current Status (not started, completed less than 50%, completed 50% or more, completed): We are currently into the school year without reimbursement from federal government for free/reduced students Please provide a detailed description of your project (including activities, services, curriculum, etc.): Imagine-Chancellor chose to become its own School Food Authority as we contracted with a new food service partner SLA to deliver breakfast and lunch for our students each day. Becoming a School Food Authority has taken much longer than expected as we have had to deal with the federal government and state to get approved. Therefore, we have not been approved for the grant for all students to eat free for the 22-23 school year to date. The school district has been approved and all students are receiving the benefits of this grant. We are told we most likely will be approved, however we will most likely not receive reimbursement for the month of August and possibly September for our free/reduced students. Since our free/reduced percentage is 68%, this is a huge impact to our families. We would like to receive funding to pay for those students' balances for the months of August and Septmber. How does this project mitigate and/or respond to the negative impacts of the COVID-19 public health emergency?This helps support our students who qualify for free/reduced meals which has increased since COVID-19 due to various situations with many of our families. Does your project serve a disproportionately impacted population, community, or Qualified Census Tract?Yes, this will serve our students who are free/reduced lunch status. Will program income be generated from this activity? If yes, how will the program income be used? No Page 962 of 1066 What are the goals and objectives of your project? Please provide program metrics and desired outcomes. To pay the balances for our students for the months of August and September due to delay in becoming Food School Authority. Page 963 of 1066 rn 1 RESOLUTION R22- 055 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A REVISED 5 ARPA SUBRECIPIENT PARTNERSHIP AGREEMENT WITH CITRUS COVE 6 ELEMENTARY SCHOOL TO CORRECT SCRIVENER'S ERRORS AND 7 SUBSTITUTE SUBRECIPIENT SIGNATURE PAGE; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS,the ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary 11 School was approved by City Commission on March 1, 2022; and 12 WHEREAS, since approval, it has come to the attention of City Staff that the Tax 13 Identification Number on the approved agreement was incorrect, reference to Scope of 14 Services was not included in Section 3.2, and Section 9.17 of the approved agreement does not 15 accurately reflect language that was mutually agreed upon by both the City Attorney's Office 16 and the Office of General Counsel for the Palm Beach County School District; and 17 WHEREAS, General Counsel for the Palm Beach County School District has requested 18 that the subrecipient signature page of the original agreement be substituted for their 19 signature page which allows for multiple signatures of both the Superintendent and Board 20 Chair; and 21 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 22 residents to approve and authorize the Mayor to sign a revised ARPA Subrecipient Partnership 23 Agreement with Citrus Cove Elementary School to correct Scrivener's errors and substitute 24 subrecipient signature page. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the Mayor to sign a revised ARPA Subrecipient Partnership Agreement with Citrus S:\CA\RESO\AgreementsVMA Subrecipient Agreement(revised)with Citrus Cove-Reso.docx 1 Page 964 of 1066 32 Cove Elementary School to correct Scrivener's errors and substitute subrecipient signature 33 page, a copy of the revised Agreement is attached hereto as Exhibit"A". 34 Section 3. This Resolution will become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of April, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Commissioner—Angela Cruz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Thomas Turkin 46 47 Commissioner— District 4 - Vacant 48 49 VOTE 5o ATTEST: 51 52 53 C stal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:\CA\RESO\Agreements\ARPA Subrecipient Agreement(revised)with Citrus Cove-Reso.docx 2 Page 965 of 1066 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL THIS AGREEMENT entered into this 5th day of April, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-80138972530-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. j 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A—Coronavirus State and Local Fiscal Recovery Funds. {00492534.1 306-9905603} Page 1 of 10 Page 966 of 1066 I 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ABPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603} Page 2 of 10 Page 967 of 1066 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise (see Attachment "A"-Scope of Services). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of ARPA funds(through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. {00492534.1 306-9905603} Page 3 of 10 Page 968 of 1066 - I 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603} Page 4 of 10 Page 969 of 1066 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting (00492534.1 306-9905603) Page 5 of 10 Page 970 of 1066 requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. i i 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform j administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. (00492534.1 306-9905603) Page 6 of 10 Page 971 of 1066 i 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-9905603} Page 7 of 10 Page 972 of 1066 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. i 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information {00492534.1 306-99056031 Page 8 of 10 Page 973 of 1066 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. SIGNATURE LINES THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on Behalf of the Authorized Signature Authorized Signature Print Name & Title Print Name &Title Date Date THE SCHOOL BOARD OF PALM BEACH COUNTY, FL By: By: Provider Representative Michael J. Burke, Superintendent i Date: Date: Frank A. Barbieri, Jr., Esq. Board Chair {00492534.1 306-9905603} Page 9 of 10 Page 974 of 1066 Date: Reviewed and approved as to legal sufficiency: (Name of Attorney) Date: ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: CoClerk 11 61-2, Wayor 1- ayor A s h= City Attorney � {00492534.1 306-9905603} Page 10 of 10 Page 975 of 1066 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEME T between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY FLORIDA on behalf of FREEDOM SHORES ELEMENTARY SCHOOL THIS AGREEMENT entered Into this 1st day of March, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL. BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FREEDOM SHORES ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its I principal office at 3366 Forest Hili Blvd, A 323, West Palm Beach, FIM and Its Federal Tax Identification Number as 85-8013897253Cw1. WITNESSETH; WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds(CSLFRF)for the execution and implementation the American Rescue Plan Act (ARPA) In the CITY, pursuant to the Interim 1 Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and j WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury„ means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF° means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A--Coronavirus State and Local Fiscal Recovery Funds. (00492634.1306-0906603) Page 1 of 10 Page 976 of 1066 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$600 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, Including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A Subreciplent may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement Is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE Il FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 001100(k8,000.00).The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. E ARTICLE III FUNDING AND METHOD OF PAYMENT E 3.1 The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 001100 ($8,000.00), It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603) Page 2 of 10 Page 977 of 1066 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise. Bills small be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of ABPA funds(through reimbursement), SUBRECIPIENT shall submit the following documentation; a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought, 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPEN lON AND TERMINATION 5.1 Termination/Sus enslon of Pa ments/A regiment for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ABPA funds, b, failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the {00492534.1306-9905803} Page 3 of 10 Page 978 of 1066 SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program forthe support of all contracted activities. The use of the off lcial CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GEbIERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management(SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. 9.2 Federal State County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, (04925UA 106-9905603) Page 4 of 10 Page 979 of 1066 regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CER part 200, ' subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title Vi of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, j or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report Its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements:The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 36.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLERF Compliance and Reporting Guidance, 9.4 OpRortunitips for Residents and Civil-Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9,5 Evaluation @nd Monitoring-, The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY.or the Treasury to monitor its agency on site, Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLERF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated {00492534.1306-9905603) Page 5 of 10 Page 980 of 1066 i I requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 GFR 200, Subpart E-- Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement,the making of any federal grant, the making of any federal loan, the entering Into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or j attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Insurance; The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the (00492534.1306-90056031 Page 6 of 10 Page 981 of 1066 SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for j which the improvements were made and identify the ARPA national objective that will be j met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with AgRilcable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Flight to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT {00492534.1 308-9905603} Page 7 of 10 Page 982 of 1066 € I shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (il) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign Immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public-Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions ' that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public j records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. JC0402a34.1 306-98056081 Page 8 of 10 Page 983 of 1066 e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.119 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20 WITNESSES: By Print 9 • k itle Print Reviewed and approved as to legal sufficiency fC�&rCy � 3/2312022 STATE. OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ay of 20A_ by 1 `ta Personally Known OR Produced Identification _Type of Identification Produced Seal TARY PUBLIC Maria J.Baez I NOTARY PUBLIC -+STATE of FLORIDA Signature Gomm#GG916528 Expires 112212024 r Print ATTEST; CITY OF BOYNTON BEACH, FLORIDA (04492534.1 345-9565603) Page 9 of 10 Page 984 of 1066 B By." Citf Clerk °.•. ,.f '' cayaf '�,`�-�.-�` Vi'''i-',4'`' ;'•"�`'•` ''`•� •; +j Approve s farm: Cit #torne :;; r;,�:a1`$�yl; ;;.'' _'-:'. ,*'•, .,:' i I I i I I • I I 'i I {00492534.7 306 9996603} Page 10 of 10 Page 985 of 1066 City ofBoynton Beach ARPASubrecipient5ubavwardAgreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT°A"-SCOPE C}FSERVICES Project Name: FREEDOM SHORES ELEMENTARY SCHOOL ROBOTICS CLUB ARPA Funding Priority: Educational Opportunities and Job Skills Development Project Location- 3400 Hypoluxo Rd., Boynton Beach, FL 33436-8564 Project Manager: Michael Sabatino Company: Freedom Shores Elementary School NCES School ID 120150003898 Contact Name: Michael Sabatino Contact Email: michael.sabatino@paimbeachschools.org Contact Mailing 3400 Hypoluxo Rd., Boynton Beach, FL 33436-8564 Project Description Freedom Shores Elementary School is a Title 1 (serves low-income students) school and students do not have an opportunity to work with Robotics and be exposed to the field of Coding. This Robotics Club will be instructed by Teachers and provide valuable skills that could potentially lead to continued interest in the field and higher paying job opportunities after High School graduation. Deliverables: Metrics: Number of students participating in club, broken down into (Metrics/Outcomes) grades 3, 4, and 5. Outcomes: Would like to see a total of 20 students participating. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at lejeunec@bbfl.us no later than 4:00 pm on the 15 th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non-eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024, Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Page 986Of1066 Quarterly Reporting Schedule Report Year Quarter Period Coverer! Clue Date 1 2022 1 January 1— March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15,2022 3 2022 3 July 1—September 30 October 15, 2022 4 2022 4 October 1—December 31 January 1S, 2023 5 2023 1 January 1— March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023. 7 2023 3 July 1—September 30 October 15, 2023 8 2023 4 October 1—December 31 January 15, 2024 9 2024 1 January 1— March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15,2024 11 2024 3 July 1—September 30 October 15, 2024 12 2024 4 October 1—December 31 January 15, 2025 BUDGET Purchase of programmable robots and materials to create courses for robots to complete=$8,000.00 Robotics Club Ozobots (2 sets @ $2,990.00 ea.) (18 per set) $5,980.00 Materials for Building Courses&Other Tracks for the Robots $2,020.00 Total Budget $8,000.00 Page 987 of 1066 1 RESOLUTION R22- 056 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A REVISED 5 ARPA SUBRECIPIENT PARTNERSHIP AGREEMENT WITH FOREST PARK 6 ELEMENTARY SCHOOL TO CORRECT SCRIVENER'S ERRORS AND 7 SUBSTITUTE SUBRECIPIENT SIGNATURE PAGE; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS,the ARPA Subrecipient Partnership Agreement with Forest Park Elementary 11 School was approved by City Commission on March 1, 2022; and 12 WHEREAS, since approval, it has come to the attention of City Staff that the Tax 13 Identification Number on the approved agreement was incorrect, reference to Scope of 14 Services was not included in Section 3.2, and Section 9.17 of the approved agreement does not 15 accurately reflect language that was mutually agreed upon by both the City Attorney's Office 16 and the Office of General Counsel for the Palm Beach County School District; and 17 WHEREAS, General Counsel for the Palm Beach County School District has requested 18 that the Subrecipient signature page of the original agreement be substituted for their 19 signature page which allows for multiple signatures of both the Superintendent and Board 20 Chair; and 21 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 22 residents to approve and authorize the Mayor to sign a revised ARPA Subrecipient Partnership 23 Agreement with Forest Park Elementary School to correct Scrivener's errors and substitute 24 Subrecipient signature page. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the Mayor to sign a revised ARPA Subrecipient Partnership Agreement with Forest S:\CA\RESO\Agreements\ABPA Subrecipient Agreement(revised)with Forest Park-Reso.docx 1 Page 988 of 1066 i 32 Park Elementary School to correct Scrivener's errors and substitute subrecipient signature 33 page, a copy of the revised Agreement is attached hereto as Exhibit "A". 34 Section 3. This Resolution will become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of April, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Commissioner—Angela Cruz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Thomas Turkin ✓ 46 47 Commissioner— District 4 - Vacant 48 49 VOTE ' 50 ATTEST: 51 52 ' ' ? 1 53 C stat Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:\CA\RESO\Agreements\ARPA Subrecipient Agreement(revised)with Forest Park-Reso.docx 2 Page 989 of 1066 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL THIS AGREEMENT entered into this 5t" day of April, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-8013897253C-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A— Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 990 of 1066 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-9905603} Page 2 of 10 Page 991 of 1066 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise (see Attachment "A"-Scope of Services). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.4 Prior to receipt of ARPA funds(through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. i 3.5 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022, ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. (00492534.1 306-9905603) Page 3 of 10 Page 992 of 1066 i 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603} Page 4 of 10 Page 993 of 1066 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 GFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. I 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting {00492534.1 306-9905603} Page 5 of 10 Page 994 of 1066 requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E — Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.1 306-9905603} Page 6 of 10 Page 995 of 1066 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-9905603} Page 7 of 10 Page 996 of 1066 i 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be j sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information {00492534.1 306-99056031 Page 8 of 10 Page 997 of 1066 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. SIGNATURE LINES THE SCHOOL BOARD OF PALM BEACH COUNTY,FLORIDA on Behalf of the Authorized Signature Authorized Signature Print Name & Title Print Name & Title Date Date THE SCHOOL BOARD OF PALM BEACH COUNTY, FL By: By: Provider Representative Michael J. Burke, Superintendent Date: Date: Frank A. Barbieri, Jr., Esq. Board Chair (00492534.1 306-9905603) Page 9 of 10 Page 998 of 1066 Date: Reviewed and approved as to legal sufficiency: (Name of Attorney) Date: ATTEST: CITY OF BOYNTON BEACH, FLORIDA 1 Wk-14 ZL' By: Ci(y Clerk tS Mayor A ols rm: City Attorney {00492534.1 306-9905603} Page 10 of 10 Page 999 of 1066 �0 FY 2021-2022 ABPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY FLORIDA on behalf of POINCIANA STEM ELE.MEN.I6RY SCHOOL. THIS AGREEMENT entered into this 1ST day of March, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as"CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of POINCIANA STEM ELEMENTARY SCHOOL" hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-80138972530-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S, Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2421, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE DEFINITIO NI].PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds), 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A— Coronavirus State and Local Fiscal Recovery Funds. (00492W4,1 306-99000a) Page 1 of 10 Page 1000 of 1066 f E I 1.8 "Program Income" means gross income received directly generated or earned from the use of ABPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real properly with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 001100(18,000.00).The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METH D OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Eight Thousand Dollars and 001100 ( 8 000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and is funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306199066031 Page 2 of 10 Page 1001 of 1066 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise (see Attachment ",A"-Scope of Services). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.4 Prior to receipt of ARPA funds(through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.5 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF A REEM IVT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Sus enslon of Payments./Aoreemer)t for Cause; If through any cause either i party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken j by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of Cily: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the {04492634.1306-9905603) Page J of 10 Page 1002 of 1066 SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services, performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT; At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination, ARTICLE VI RECORDS AND REPORTS i 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE Vil PROGRAM INCOME j The SUBRECIPIENT agrees to expend ABPA funds for the purpose outlined in Article i of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulatfons or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ABPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities j must be approved by the CITY prior to being posted, ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements. The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB)concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management(SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. (00492534.1300-9005003) Page 4 of 10 Page 1003 of 1066 9.2 Federal, State. CQWnty and CITY..Lgw§ and Re ulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil , Rights Act of 1964,as amended, which prohibits discrimination on the basis of race, color, I or national origin; the Age Discrimination Act of 1875, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94--163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Reauiirements:The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35,6 Treasury Department Interim Regulations,Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 O, ortunities for Residents and Civil Rights Com llance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation andand Monitoring, The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City, Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in f00492534.130"905603} Page 5 of 10 Page 1004 of 1066 compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part: 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article 11 of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E—Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.3 Lobbying o ' ,The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement,the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Insurance.The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.9 306-99058031 Page B of 10 Page 1005 of 1066 i 9.10 Pral2ertK. All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased In whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall Include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement, The SUBRECIPIENT shall dispose of all such property in accordance with Instructions from the CITY. Those Instructions may require the return of all such property to the CITY. 9.12 Reversion-of Assets;- The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were .disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain In full force and effect. f 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. J00492,644,1 30e-MO6603) Page 7 of 10 Page 1006 of 1066 j i 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement, 9.16 Disputes: In the event an unresolved dispute exists betweewthe SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar l days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional { time,is necessary, the CITY will notify the SUBRECIPIENT within the 30-day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign Immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for Its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or(v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. ' C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the (00492534.1306-99056031 Page 8 of 10 Page 1007 of 1066 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prier to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector general when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of^ 20� WITNESSES: By: rw. Print Title Print Reviewed and approved as to legal sufficiency fGii="&r� � 31231202,2 STATE OF FLORIDA COUNTY OF PALL BEACH The foregoing instrument was acknowledged before me this ay of by Personally Known OR Produced Identification _Type of Identification Produced Sealtj�rTARY PURI-IC Ia J}:Baez ,. FATE OF FLchi- Signature Print *EExpires Maria J.Baez NOTARY PUBLIC STATE OF FLORIDA (00492534,1306- Comm#GG916528 Page 9 of 10 1/2 /2024 Page 1008 of 1066 ATTEST: CITY OF BOYNTON BEACH, FLORIDA By � �- CitClerk Mayor Approv a to form: k { City Attome } {00492534.1 306-9905E@3} Page 10 of 10 Page 1009 of 1066 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT"A"-SCOPE OF SERVICES Project Name: POINCIANA DRUM LINE ARPA Funding Educational Opportunities and Job Skills Development Priority: Project Location,: 1203 N. Seacrest Blvd., Boynton Beach, FL 33435-3018 Project Manager: Tanya McDowell Company: Poinciana STEM Elementary School LACES School ID. 120150001523 Contact Name: Tanya McDowell Contact Email: tanya.mcdowell@palmbeachschools.org Contact Mailing 1203 N.Seacrest Blvd., Boynton Beach, FL 33435-3018 Address: Project Description Students will learn to read and perform simple rhythmic patterns as well as develop basic coordination skills. (Whole, half, quarter, eighths, notes/rests). Students will perform simple rudiments,such as,single stroke rolls, paradiddles and the basic double stroke roll.As the drumline grows, our third' graders will advance to reading and performing sixteenth and thirty-second notes/rests. More advanced rudiments such as,five, seven, and nine stroke rolls, double/triple paradiddles and mixed sticking. For the color guard the purpose is to interpret the music through the use of dance and synchronized use of a flag. Bringing to life the music, color guard students dance to choreographed movement with the use of props to tell a story. A drumline can exercise the mind and body, encourage friendships, cultivate creativity, and provide students with a unique opportunity to grow as individuals. It will benefit the students academically as well. When children are exposed to music education,they learn excellent study habits. Mastering their specific musical craft takes a concentrated effort,consistent practice and patience. These habits translate into other areas of study.We hope to foster individual expression,the complexity of teamwork, and a greater sense of community Deliverables: Metric: Number of students initially participating. (Metrics/outcomes) Outcome: >501 of students initially participating remain with the program. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at leieunec@bbfl.us no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non-eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Page 1 of 3 Page 1010 of 1066 Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include; • All ABPA funds received from the City for each quarter and total to date. • All eligible expenditures of AtPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ABPA funds spent within the reporting quarter. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1—March 31 April 15,2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1—September 30 October 15, 2022 4 2022 4 October 1—December 31 January 15, 2023 5 2023 1 January 1—March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1—September 30 October 15, 2023 8 2023 4 October 1—December 31 January 15, 2024 9 2024 1 January 1—March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1—September 30 October 15, 2024 12 2024 4 October 1—December 31 January 15, 2025 BUDGET Purchase of equipment and materials for Drum Line and Color Guard =$8,000.00 POINCIANA DRUM LIFE Remo Ambassador Coated Headed 20 inches (Quantity 2) $ 73.98 Remo Ambassador Coated Head 18 inches(Quantity 2) $ 49.98 Pearl Junior Marching Bass Drum and Carrier 20x 8 inches (Quantity 1) $ 369.44 Remo Ambassador Coated Head 12 inches (Quantity 6) $ 105.00 Pearl Competitor Marching Tom Set Pure White (Quantity 2) $ 537.98 Zildjian Leather Cymbal Straps (Quantity 2) $ 25.90 Mein[ Brass Marching Medium Cymbal Pair 16 inches(Quantity 2) $ 279.98 Promark PSMB2 Marching Bass Drum Mallets PSMB3 Medium Small (Quantity 3) $ 104.97 Vic Firth Corpsmaster Roger Carter Signature Marching Snare Drumsticks Wood $ 249.80 (Quantity 20) Pearl Junior Marching Bass Drum and Carrier 15 x 8 inches (Quantity 1) $ 347.99 Pearl Junior Marching Snare Drum and Carrier 12 x 8 inches (Quantity 10) $2,979.90 Shipping Costs $ 600.00 5 ft. Poles 30x46 (Quantity 15) $ 149.25 Flags(item##58102) (Quantity 15) $ 179.25 Page 2 of 3 Page 1011 of 1066 Color Guard Gloves(Quantity 15) $ 232.50 Color Guard Shoes(Quantity 15) $ 449.25 Color Guard Uniform tops (Quantity 15) $ 899.25 Color guard Uniform pants(Quantity 15) $ 449.25 Boys Band Uniforms tops and pants $ 600.00 Total Budget $8,983.67 Total Request $8,000.00 I 'i i {FII J 1 Page 3 of 3 Page 1012 of 1066 10.C. Unfinished Business 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Approve the use of ARPA funding in the amount of$350,000 to develop and implement the Boynton Beach Internship Program for high school and college students. Explanation of Request: The Internship Program will provide current high school juniors and seniors and college students an opportunity to gain hands-on experience and a realistic preview of what it is like to work in a professional setting, and specifically in local government. The City of Boynton Beach is committed to administering a successful, efficient and inclusive program that will allow interns to make a positive contribution to the community while gaining valuable work experience in their field of study. During the program, interns will: • Gain professional, hands-on experience in local government • Learn about the mission and vision of the City and public service • Experience networking and professional development opportunities • Attend periodic lunch and learns that will teach students interviewing skills, workplace etiquette, public speaking and financial sustainability The objective of the program is to help offset the negative impact COVI D-19 had on students in 2020/2021 by providing them with paid opportunities to gain professional experience, networking opportunities and life skills. How will this affect city programs or services? The ARPA funds will address priorities established by the U.S. Treasury to support economic stabilization for households and to address and mitigate disproportionate education disparities compounded by the COVID-19 public health emergency. Fiscal Impact: Funding is available for use from the City's ARPA Funding Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1013 of 1066 Attachments: Page 1014 of 1066 10.D. Unfinished Business 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Approve the use of American Rescue Plan Funds in the amount of $50,000 to go to the Wounded Veterans Relief Fund. A sub-recipient agreement will be brought back to Commission for final approval. Explanation of Request: The City of Boynton Beach received a total of$13,647,904 in Coronavirus State and Local Fiscal Recovery Funds as part of the American Rescue Plan Act(ARPA). On December 7, 2021, the Boynton Beach City Commission approved the following Master Spending Plan which allocates funding in the following categories: PRIORITY BUDGET Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills $1,500,000 Development Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 How will this affect city programs or services? The ARPA funds will address priorities established by the U.S. Treasury to support economic stabilization for households and to address and mitigate disproportionate disparities compounded by the COVI D-19 public health emergency. There will not be any direct impact on City services or programs. Fiscal Impact: Alternatives: Funding is available in ARPA Grant funding to use for supporting this allocation. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1015 of 1066 Attachments: Page 1016 of 1066 11.A. New Business 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Presentation by Poonam Kalkat, Director of Utilities and Mario Guzman, Director of Public Works on the status of infrastructure within the City. Explanation of Request: Presentation by Poonam Kalkat, Director of Utilities and Mario Guzman, Director of Public Works on the status of infrastructure within the City. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? 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I, O Cn (tU L �v 1�c ' 1� O •rl r� U 0 O a a� 1 U O +, 4-j r4 x, Zi u Zi cn �O U U cr) O O � � U � � N OLr) 4-j co LO 4-j p 4-jo 'N 4-j 4-jLr) Q� U, ,� w ..--� 4-j 4-j Lr) (1) +, 4-j 0 .� 1 o � . U . Lr) � O U :- 14� CY)a10 (Y)4-j .� 0 o CNLO Lq N ' ' 14� , s:" , 00 ft U o > ct Lr) 4.5 O bA .- bb P4 i O O (C) c� j 4 a, Lr) a .-' `~ U O 4-j u U t/1 o Q� . 4.j 1 4-j Q4-j � U o $:", a� •� O O j cn Moo � � 0 0 0 a� c� a 1 i N t O ,� to W 1 12.A. Legal 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Proposed Ordinance No. 22-024- First Reading -Approve the establishment of the Mixed Use Downtown (MU-DT) zoning district(CD RV 22-004) amending Part I I Land Development Regulations Chapter 3. Art I11. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). Explanation of Request: At the request of the City Commission, staff proposes the establishment of a new zoning district, Mixed Use Downtown (MU-DT). The new zoning district will, notably, set a new maximum building height of 85 feet for developing and redeveloping properties. MU-4 and MU-C will be considered the predecessors to the new MU- DT, but will remain intact to be utilized by properties who are currently designated as MU-4 and MU-Core. Upon the adoption of the accompanying Ordinance the current building height will be amended to be as follows: MU-1 Urban Mixed Use 45' MU-2 Urban Mixed Use 65' MU-3 Urban Mixed Use 75' MU - DT Urban Mixed Use 85' MU-4* Urban Mixed Use 100' MU-Core* Urban Mixed Use 150' * To remain intact to be utilized by properties who are currently designated as MU-4 and MU-Core How will this affect city programs or services? Fiscal Impact: Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 1042 of 1066 Grant Amount: Attachments: Type Description D Ordinance Ordinance establishing MU-DT D Staff Report Staff Report D Amendment Text Amendment D Attachment Staff Presentation Page 1043 of 1066 1 2 ORDINANCE NO. 22-024 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 APPROVING THE ESTABLISHMENT OF THE MIXED-USE DOWNTOWN 7 (MU-DT) ZONING DISTRICT (CDRV 22-004) AMENDING PART II LAND 8 DEVELOPMENT REGULATIONS CHAPTER 3.ART III. SEC 1.E (TABLE 3-4). 9 MIXED USE URBAN BUILDING AND SITE REGULATIONS AND SEC S.C.1. 10 BUILDING AND SITE REGULATIONS (TABLE 3-22); PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, at the request of the City Commission, staff proposes the establishment 15 of a new zoning district, Mixed Use Downtown (MU-DT); and 16 WHEREAS, the new zoning district will, notably, set a new maximum building height 17 of 85 feet for developing and redeveloping properties; and 18 WHEREAS, MU-4 and MU-C will be considered the predecessors to the new MU-DT, 19 but will remain intact to be utilized by properties who are currently designated as MU-4 and 20 MU-Core; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and 23 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 24 Development Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3. Art 30 III. Sec 1.E Table 3-4. Mixed Use Urban Building and Site Regulations are hereby amended as 31 follows: 32 CHAPTER 3.ZONING 33 ... 34 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES 35 ... 36 Section 1.Overview 1 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3)(Establishing MU-DT)-Ordinance.Docx Page 1044 of 1066 37 ... 38 E. Mixed Use Urban Building and Site Regulations (Table 3-4). 39 40 ... 41 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, MU-1 MU-2 MU-3MU-DT MU-4 MU-C URBAN 13,14 Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A N/A All other 0.50 0.75 1 1 1 1 uses Lot Frontage, 100 1002 1502 150' 200 2 200 2 Minimum Structure Ht., 30 30 30 30 3045 3045 Minimum(ft.) Maximum 45 65 75 85 100 150/1 Height(ft.)3 254 Maximum 20 40 50 70 60 80 Density (DUs/Acre)lo, 12 Maximum 1.0 2.0 3.0 33.55 4.0 4.0 F.A.R." Build-to-line (ft.)S All sides Factor of Pedestrian Zone Requirement' abutting a collector or arterial road Abutting a 07 07 07 07 07 07 Local street Interior side 07 07 07 07 07 0' 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3)(Establishing MU-DT)-Ordinance.Docx Page 1045 of 1066 Building Setback, Minimum(ft.)S Rear abutting: Residential 255/05, 255 255 255 255 255 single-family 6 Intracoastal 255 255 255 255 255 255 waterway Side abutting Residential 255/05, 255 255 255 255 255 single-family 6 Usable Open N/A N/A 0.5% 2% 1% 2% Space, Minimum(sq. ft.)9 42 ... 43 44 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3. Art 45 III. Sec 5.C.1 Building and Site Regulations (Table 3-22) are hereby amended as follows: 46 CHAPTER 3. ZONING 47 ... 48 ARTICLE III ZONING DISTRICTS AND OVERLAY ZONES 49 ... 50 Sec. 5. Mixed-Use (Urban) Districts. 51 A. General. 52 1. Purpose and Intent. The urban mixed-use zoning districts are intended to implement 53 the CRA Community Redevelopment Plans and to-by-provid i g for a mixture of land uses, 54 accommodating varying densities and intensities appropriate for each CRA district, and by 55 establishing quality streetscapes and pedestrian environments as part of a compact urban 56 setting. The mixed use districts also support transit ridership, in particular through higher 57 density and intensity development within the designated Downtown Transit-Oriented 58 Development District (DTODD). Additional standards and requirements of this section are 59 based on the proximity to the planned train station, and location within the transit core, 60 which is defined as the area extending one-quarter (1/4) mile from the train station. To 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3)(Establishing MU-DT)-Ordinance.Docx Page 1046 of 1066 61 ensure compliance with these Regulations, an application for site plan approval shall be 62 required and reviewed concurrently with any request to rezone lands to a mixed-use 63 (urban) district, except as provided in Section 2.D.1.e. Also see Chapter 4, Article III, 64 Section 6 for design and compatibility standards. The objectives of the mixed-use (urban) 65 districts are as follows: 66 ... 67 2. Description of Districts. 68 ... 69 c. Mixed Use 3 (MU-3). The MU-3 district implements the Mixed Use Medium (MXM) 70 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 71 residential density of fifty (50) dwelling units per acre, except within the Downtown Transit- 72 Oriented Development District (DTODD) (the Station Area), where the maximum density 73 may be sixty two and one-half(62.5) dwelling units per acre through participation in the 74 Workforce Housing Program. In addition, projects located within the transit core of the 75 Station Area shall have a minimum density of thirty (30) dwelling units per acre. This 76 minimum density requirement shall be applicable to any such project regardless of whether 77 the site is partially or entirely located within the transit core. 78 d. Mixed Use Downtown (MU-DT). The MU-DT district implements the Mixed Use 79 High (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has 80 a maximum residential density of eighty (70) dwelling units per acre, Projects located within 81 the Station Area shall also have a minimum density of thirty (30) dwelling units per acre. 82 This minimum density requirement shall be applicable to any such project regardless of 83 whether the site is partially or entirely located within the transit core. The intent of this new 84 district is to facilitate the establishment of a downtown redevelopment, while in certain 85 locations also providing a proper continuum of, or transition in scale between the Mixed Use 86 Core (M - C), Mixed Use 4 (MU-4), and Mixed Use 3 (MU-3) Districts. This zoning district 87 is to supplant the Central Business District (CBD) in the historic downtown and marina 88 district. 89 ed. Mixed Use-4 (MU-4). The MU-4 district implements the Mixed Use High (MX-H) 90 future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 91 residential density of sixty (60) dwelling units per acre, except within the Downtown Transit- 92 Oriented Development District (DTODD) (the Station Area), where the maximum density 93 may be seventy-five (75) dwelling units per acre through participation in the City's 94 Workforce Housing Program. In addition, projects located within the transit core of the 95 Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This 96 minimum density requirement shall be applicable to any such project regardless of whether 97 the site is partially or entirely located within the transit core. The intent of this new district is 98 to facilitate the establishment of high density and intensity development nodes at strategic 99 locations that support downtown redevelopment, while in certain location also providing a 100 proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed 101 Use 3 (MU-3) Districts. The district is considered the predecessor to the MU-DT (Mixed Use 102 Downtown) zoning district. 103 fe. Mixed Use Core (MU-C). The MU-C district implements the Mixed Use High 104 (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has a 105 maximum residential density of eighty (80) dwelling units per acre, except within the 106 Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the 4 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3)(Establishing MU-DT)-Ordinance.Docx Page 1047 of 1066 107 maximum density may be one hundred (100) dwelling units per acre through participation in 108 the Workforce Housing Program. In addidon, projects located within the Station Area shall 109 have a nnininnunn density of thirty (30) dwelling units per acre. This nnininnunn density 110 requirement shall beapplicable toany such project regard|eeeofvvhethertheeiteie ||| partially orentirely located within the transit core. The intent of this distror--t is to supplaRt th9_ ||2 |||3 . 114 3. Location and General Use Requirements. ||5 ... ||6 f. Mixed Use Downtow ||7 (1) T e Mixed Use Downtown (MU-DT) district shall only be applied to lands ||8 classified as mixed use-higLLUX-_H) on the future land use map. ||9 L?L The MU-DT district is appropriate for high density/intensity development |20 intended for the downtown area. Such developments shall include a mix of uses designed |2| in a compact vertical style. Developments pLqposed within the Downtown, as defip�db the |22 CRA Plan, must contain a residential component and have space on the first floor devoted |23 to commercial uses for those portions of the project having frontage along a collector or an |24 arterial road. |25 3) All new developments within this district shall front on streets de |26 "arterial" road Functional Classification of Roadwa |27 |128 qf. Rezoning of single-family districts. All requests to rezone any single-family 129 nae|denda| district to a mixed use zoning district shall be subject tothe following additional 130 requirements: 131 (1) Height, density and intensity of development based on the standards indicated 132 inTable 3-22� . 133 (2) Ratio oflot frontage h» depth that ienomore than one (1) foot (fronbaue) h» one 134 and one-quarter (1.25) foot (decth); 135 (3) Vehicular access h» the property located h» minimize impacts onadjacent 136 single-family developments and meet safety standards; and 137 (4) Landscape barriers provided, in accordance with the landscape regulations of 138 this Code, where the rezoned property abuts single-family residential zoning. 139 B. Use( ) A8Ow8d. See "Use Matrix, Table 3-28" iO Chapter 3, Article IV, Section 3.D. |40 |4| |42 |43 |44 |45 z a:xCuxOrummoc,nDxzcuomac,nDxzAmendment (Ch s)(Establishing Mu'oT ominmmc.000z Page 1048Of1066 146 C. Building and Site Regulations. 147 1. Building and Site Regulation (Table 3-22). MIXED USE, MU-1 MU-2 MU-3 MU-DT MU-4 MU-C URBAN 13,14 Lot Area,Minimum (acres): Public park: N/A N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 1 Lot Frontage,Minimum 100 1002 1502 2002 2002 2002 (tt)1 Structure Ht., 30 30 30 30 3045 3045 Minimum(ft.) Maximum Height(ft.)' 55 65 75 85 100 150/12 54 Maximum Density 20 40 50 70 60 80 (DUs/Acre)"12 Maximum F.A.R." 2.5 3.0 3.0 3_5 1 4.0 4.0 Build-to-line(ft.)': All sides abutting a Factor of Pedestrian Zone Requirement' collector or arterial road Abutting a Local street 07 07 07 07 07 07 Interior side 07 07 07 07 07 07 Building Setbacks, Minimum(ft.)': Rear abutting Residential single- 255/0 255 255 255 255 255 family 5,s Intracoastal 255 255 255 255 255 255 waterway Side abutting Residential single- 255/0 255 255 255 255 255 family: 5,6 Usable Open Space, N/A N/A 0.5% 2% 1% 2% Minimum(sq.ft.)' 148 1149 1. 4—May be reduced if frontage extends from right-of-way to right-of-way. 150 ... 6 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3)(Establishing MU-DT)-Ordinance.Docx Page 1049 of 1066 151 Section 4. Each and every other provision of the Land Development Regulations 152 not herein specifically amended, shall remain in full force and effect as originally adopted. 153 Section S. All laws and ordinances applying to the City of Boynton Beach in 154 conflict with any provisions of this ordinance are hereby repealed. 155 Section 6. Should any section or provision of this Ordinance or any portion 156 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 157 affect the remainder of this Ordinance. 158 Section 7. Authority is hereby given to codify this Ordinance. 159 Section 8. This Ordinance shall become effective immediately. 160 FIRST READING this 6th day of December, 2022. 161 SECOND, FINAL READING AND PASSAGE this day of , 2022. 162 CITY OF BOYNTON BEACH, FLORIDA 163 164 YES NO 165 166 Mayor—Ty Penserga 167 168 Vice Mayor—Angela Cruz 169 170 Commissioner—Woodrow L. Hay 171 172 Commissioner—Thomas Turkin 173 174 Commissioner—Aimee Kelley 175 176 VOTE 177 ATTEST: 178 179 180 Maylee De Jesus, MPA, MMC Ty Penserga 181 City Clerk Mayor 182 183 APPROVED AS TO FORM: 184 (Corporate Seal) 185 186 Michael D. Cirullo, Jr. 187 City Attorney S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3)(Establishing MU-DT)-Ordinance.Docx Page 1050 of 1066 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-013 STAFF REPORT TO: Mayor, Vice Mayor, and Commissioners City Commission FROM: Amanda Radigan, AICP Planning and Zoning Director DATE: November 18, 2022 REQUEST: Approve the establishment of the Mixed Use Downtown (MU-DT) zoning district (CDRV 22-004) amending Part III Land Development Regulations Chapter 3. Art III. Sec 1.E (Table 3-4). Mixed Use Urban Building and Site Regulations and Sec 5.C.1. Building and Site Regulations (Table 3-22). OVERVIEW At the request of the City Commission, this staff report outlines information regarding the establishment of a new zoning district, Mixed Use Downtown (MU-DT). The new zoning district will, notably, set a new maximum building height of 85 feet. MU-4 and MU-C will be considered the predecessors to the new MU-DT, but will remain intact to be utilized by properties who are currently designated as MU-4 and MU-Core. EXPLANATION & PROPOSED AMENDMENTS History of Height Over the last 20 years, the City has embraced redevelopment planning which has been guided by recommendations adopted within CRA plans. The adopted plans focus on the development of a downtown which included specific emphasis on the topic of height. In the year 2000, when the height maximum City-wide was 100 feet, public workshops were held for the creation of the Federal Highway Corridor Community Redevelopment Plan ("FHCCRP"), which was later adopted in 2001. The City subsequently updated the Land Development Regulations (LDR) to implement the changes recommended in the FHCCRP and established the original MU-H and MU-L zoning districts which increased the maximum height allowed in the City to 150-feet for MU-H. Mixed use zoning districts were expanded to Boynton Beach Boulevard in 2006 following the adoption of the Boynton Beach Boulevard Corridor Plan, which established recommendations to increase intensity by adding residential components from Interstate 95 (being the lowest level of intensity) to downtown Boynton Beach (being the highest level of intensity). Also in 2006, the FHCCRP was updated which led to further distribution of mixed use heights and densities and established three (3) new districts (MUL-1, MUL-2, and MUL-3) which created lower levels of intensity. The City hosted a series of public workshops in 2016 to consolidate the various redevelopment Page 1051 of 1066 Page 2 Establishment of MU-DT CDRV 22-004 plans, into a single Community Redevelopment Plan (CRA Plan). The LDR was updated in both 2016 and 2017 to further distribute the mixed using zoning districts, per the CRA Plan recommendations. This amendment added MU-4, which provided an intermediate step between the height caps of 75-feet and 150-feet within the Mixed Use and Mixed Use Core classifications. There have been no amendments to height regulations since the adoption of MU-4. Currently the maximum height allowed in the City's Urban Mixed Use zoning districts are as follows: MU-1 Urban Mixed Use 45' MU-2 Urban Mixed Use 65' MU-3 Urban Mixed Use 75' MU-4 Urban Mixed Use 100' MU-Core Urban Mixed Use 150' The establishment of the various Mixed-Use zoning districts assisted in the creation of the Downtown Transit Oriented Development ("TOD") District Overlay, which is outlined in and around the site that is anticipated to become a future commuter rail station. TOD's often include a mix of commercial, residential, office and entertainment centered around or located near a transit station. Dense, walkable, mixed-use development near transit attracts people and adds to vibrant, connected communities. Successful TOD's depend on access and density around the transit station. Convenient access to transit fosters development, while density encourages people to use the transit system. On May 17, 2022, by the request of the City Commission, Staff began the process of researching the possible outcomes of lowering building height City-wide to a maximum of 85 feet. Staff held a series of workshops with both the City Commission and the Planning and Development Board and brought forth a proposed amendment to lower the maximum permitted height in the MU-4 and MU-Core zoning districts. The desire of the Commission was to continue to explore possibilities to reduce height while taking other aspects into consideration, such as density and floor area ration, for a more holistic approach. Establishment of Mixed Use Downtown (MU-DT) Staff proposes to establish a new distribution of mixed use heights, densities, and intensities by creating the Mixed Use Downtown (MU-DT) zoning district. This zoning district will create an entitlement step between the existing MU-3 and MU-4 zoning districts. No changes are proposed to be made to MU-4 or MU-Core, however they will be retired as a result of this ordinance. In effect, developing and redevelopment properties are to utilize MU-DT and may not be approved to be rezoned to MU-4 or MU-Core. Existing lands zoned MU-4 or MU-Core can remain and exercise the existing applicable regulations and are under no obligation to rezone. The proposed regulations for MU-DT have been included below: MIXED USE, MU-1 MU-2 MU-3 MU-DT MU-4 MU-C URBAN 13,14 Lot Area,Minimum (acres): Public park: N/A N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 1 Lot Frontage,Minimum 1 100 1 1002 1 1502 1 2002 1 2002 2002 2 Page 1052 of 1066 Page 3 Establishment of MU-DT CDRV 22-004 Structure Ht., 30 30 30 30 30 30 Minimum(ft.) Maximum Height(ft.)' 55 65 75 85 100 150/12 54 Maximum Density 20 40 50 70 60 80 (DUs/Acre)`12 Maximum F.A.R." 2.5 1 3.0 3.0 1 3.5 1 4.0 1 4.0 Build-to-line(ft.)': All sides abutting a Factor of Pedestrian Zone Requirement' collector or arterial road Abutting a Local street 0' 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' 0' Building Setbacks, Minimum(ft.)': Rear abutting Residential single- 255/0 255 255 255 255 255 family 5,s Intracoastal 255 255 255 255 255 255 waterway Side abutting Residential single- 255/0 255 255 255 255 255 family: 5,6 Usable Open Space, N/A N/A 0.5% 2% 1% 2% Minimum(sq.ft.)' In comparison to MU-4 and MU-C, overall building height will be permitted to a maximum of 85 feet where 100 and 150 feet, respectively, are currently allowed; and floor area ratio is proposed to be a maximum ratio of 3.5 where 4.0 is currently permitted in MU-4 and MU-C. The proposed development parameters represent a reduction in intensity and developable area. Density, on the other hand, will be permitted to a maximum of 70 dwelling units per acre which falls in between the maximum permitted in MU-4 and MU-C currently (60 and 80 dwelling units per acre, respectively). Minimum open space requirements are proposed to retain the MU-C requirement of a minimum of 2% usable open space which is the largest minimum required under the current Mixed Use regulations. Attachments 3 Page 1053 of 1066 PART 111 Land Development Regulations Chapter 3. Zoning ARTICLE 111. Zoning Districts and Overlay Zones Section 1. Overview E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, MU-1 MU-2 MU-3 MU.IDT MU-4 MU-C URBAN 13,14 Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A N/A All other 0.50 0.75 1 E 1 1 uses Lot Frontage, 100 1002 1502 150' 200 2 200 2 Minimum Structure Ht., 30 30 30 30 304-5 3045 Minimum(ft.) Maximum 45 65 75 85 100 150/1 Height(ft.)3 254 Maximum 20 40 50 7 60 80 Density (DUs/Acre)lo, 12 Maximum 1.0 2.0 3.0 35 4.0 4.0 F.A.R." Build-to-line (ft.)S All sides Factor of Pedestrian Zone Requirement' abutting a collector or arterial road Abutting a 07 07 07 017 07 07 Local street Interior side 07 07 07 0' 07 07 Page 1054 of 1066 Building Setback, Minimum (ft.)S Rear abutting: Residential 255/05, 255 255 25" 255 255 single-family 6 Intracoastal 255 255 255 25" 255 255 waterway Side abutting Residential 255/05, 255 255 25� 255 255 single-family 6 Usable Open N/A N/A 0.5% 2% 1% 2% Space, Minimum(sq. ft.)9 Sec. 5. Mixed-Use (Urban) Districts. A. General. 1. Purpose and Intent. The urban mixed-use zoning districts are intended to implement the CRA Community Redevelopment Plans rid to provide for a mixture of land uses, accommodating varying densities and intensities appropriate for each CRA district, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. The mixed use districts also support transit ridership, in particular through higher density and intensity development within the designated Downtown Transit-Oriented Development District (DTODD). Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station. To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D.1.e. Also see Chapter 4, Article III, Section 6 for design and compatibility standards. The objectives of the mixed-use (urban) districts are as follows: 2. Description of Districts. c. Mixed Use 3 (MU-3). The MU-3 district implements the Mixed Use Medium (MXM) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of fifty (50) dwelling units per acre, except within the Downtown Transit-Oriented Development District (DTODD) (the Station Area), where the maximum density may be sixty two and one-half(62.5) dwelling units per acre through participation in the Workforce Housing Program. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use Downtown the ill, .D'T' district iryliolernents the Mixed l* Hi h MXF lard use ma l"=L.UNAlassification of the Corniorehensive Plea and has a maximurn residential d!r gat Page 1055 of 1066 within the Station Area shall also have a minimum dens"', of thirt 30) dwellinc unit, er acre, 'This minimum density requirement shall be applicable to an such located within the transit core, The intent of this new district is to facilitate the establishment of a downtown r n the Mixed Use Core MU —) Mixed Use 4 MU- M ixe, historic downtown and marina district, e4. Mixed Use-4 (MU-4). The MU-4 district implements the Mixed Use High (MX-H) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of sixty (60) dwelling unite per acre, except within the Downtown Transit-Oriented Development District (OTC>OO) (the Station Area), where the maximum density may be seventy-five (75) dwelling units per acre through participation in the City's Workforce Housing Program. In addidon, projects located within the transit core of the Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing a proper continuum of, or transition in scale between the Mixed Use Core (MU- C) and Mixed Use 3 (MU-3) Districts. The district is considered thre oredecessor to the MU-D 'Mixed Use 0 zoning r1ic+rir,+ | fe. Mixed Use Core (MU-C). The MU-C district implements the Mixed Use High (MXH) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling unite per aore, except within the Downtown Transit-Oriented Development District (OTC>OO) (the Station Area), where the maximum density may be one hundred (100) dwelling units per acre through participation in the Workforce Housing Program. In addidon, projects located within the Station Area shall have a minimum density of thirty (30) dwelling unite per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core.-T-49 | - -- - . 3. Location and General Use Requirements. s classified as mixed use- nded for the downtown area, Such develoioments shall include a mix of uses desiriried in a comloact vertical -+,dn d to commercial uses for those Dortions of the nr, ria! road, t shall front on Streets de nated as "arterial" road s on the Functional Classification of Roadwa s MA2P_ | J. Rezoning of single-family districts. All requests to rezone any single-family residential district to a mixed use zoning district shall besubject tothe following additional requirements: (1) Height, density and intensity of development based on the standards indicated in Table 3-22; (2) Ratio oflot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access b» the property located b» minimize impacts on adjacent single-family developments and meet safety standards; and Page 1056Of1066 (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. 1. Building and Site Regulation (Table 3-22). MIXED USE, MU-1 MU-2 MU-3 MU-D'f MU-4 MU-C URBAN 13,14 Lot Area,Minimum (acres): Public park: N/A N/A N/A N/ N/A N/A All other uses: 0.50 0.75 1 1 1 1 Lot Frontage,Minimum 100 1002 1502 200` 2002 2002 Structure Ht., 30 30 30 ti 0 ti(745 ti(745 Minimum(ft.) Maximum Height(ft.)' 55 65 75 85 100 150/12 54 Maximum Density 20 40 50 70 60 80 (DUs/Acre)`12 Maximum F.A.R." 2.5 3.0 3.0 4_5 4.0 4.0 Build-to-line(ft.)': All sides abutting a Factor of Pedestrian Zone Requirement' collector or arterial road Abutting a Local street 0' 0' 0' 07 0' 0' Interior side 0' 0' 0' 07 0' 0' Building Setbacks, Minimum(ft.)': Rear abutting Residential single- 255/0 255 255 255 255 255 family 5,s Intracoastal 255 255 255 255 255 255 waterway Side abutting Residential single- 255/0 255 255 255 255 255 family: s,s Usable Open Space, N/A N/A 0.5% 2% 1% 2% Minimum(sq.ft.)' 1. May be reduced if frontage extends from right-of-way to right-of-way. Page 1057 of 1066 0 :E o co LO :E ci) C) 0 C**4 a� co d 0 Baum 0 uu NO LM M LO C) 0 co 0 72 0 M E MC: 4-j E cn MM 4-j 4-j Mo M ■ � x a- I--- " M -�-, (D 0 -1--j c C a) LO 1"- 75 Eo o coLq a) 2 M E I > 0 M 4- 0 -0 >S CY) -�e 70 c x cm 'F n0 M 0 C: 70 cm 0 C C: N N a) J) M 0 (D -0 0 CLC 3: 0 (1) E 0 M 0 CL M E CL 70 2i M M -"-j C: 0 70 70 1: C) 0 < CL LM N a) a) CLOC Lu � � ry CIO C) 0 0 m C)_ a� 0 co d 13.A. Future Agenda Items 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Continued discussion regarding a potential park in Leisureville and creating a Restrictive Covenant on this parcel, requested by Vice Mayor Cruz. - January 2023. Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1061 of 1066 13.B. Future Agenda Items 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Discussion regarding American Rescue Plan Funds, requested by Mayor Penserga - January 2023 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1062 of 1066 13.C. Future Agenda Items 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Continue discussion on adding a new sister city based on recommendations from Boynton Sister Cities. - January 2023 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1063 of 1066 13.D. Future Agenda Items 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Consider revised local rules for approval. - January 2023 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1064 of 1066 13.E. Future Agenda Items 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Legal options for preserving the future park site in the Meadows subdivision as green space, requested by Commissioner Kelley. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1065 of 1066 13.F. Future Agenda Items 12/6/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 12/6/2022 Requested Action by Commission: Discussion regarding the potential research into a coral reef at oceanfront park to attract tourism and help repair damage caused by humans to the environment, requested by Commissioner Turkin- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1066 of 1066