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R23-075 1 RESOLUTION NO. R23-075 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A FIVE 6 (5) YEAR AGREEMENT WITH CITYSCAPE CONSULTANTS, INC. FOR 7 COMPREHENSIVE WIRELESS LEASING CONSULTING FOR CITY-OWNED 8 WIRELESS FACILITY LEASES;AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS,the City of Boynton Beach owns several cell tower sites which the City leases 11 to various telecommunications carriers; and 12 WHEREAS, CityScape will recommend and negotiate new lease agreements for tower 13 and ground space for review and approval by the City and coordinate with the City Attorney on 14 drafting new leases for new co-locators on the existing facilities and new towers on City 15 property; and 16 WHEREAS, CityScape will provide quarterly verification of lease revenue collections by 17 City and tenant terms and provide reports and any proposed reconciliation of rent, if applicable, 18 and work with City staff and tenant to confirm and/or rectify any found discrepancies; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of 20 staff,deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 21 to approve and authorize the City Manager to sign a five (5) year agreement with CityScape 22 Consultants,Inc.for Comprehensive Wireless Leasing Consulting for City-owned wireless facility 23 leases. 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 adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach hereby approves and 30 authorizes the City Manager to sign a five (5) year agreement with CityScape Consultants, Inc. 31 for Comprehensive Wireless Leasing Consulting for City-owned wireless facility leases. A copy 32 of the Agreement is attached hereto and made a part hereof as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\CityScapes Consulting Agreement-Reso.docx 34 PASSED AND ADOPTED this 6th day of June, 2023. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 / 38 Mayor—Ty Penserga ✓ 39 40 Vice Mayor—Thomas Turkin ✓ 41 i 42 Commissioner—Angela Cruz 43 / 44 Commissioner—Woodrow L. Hay ✓ 45 / 46 Commissioner—Aimee Kelley f 47 48 VOTE 5.-D 49 A • 50 51 I1-�, , _ Aidf/PO 52 Maylee ire -•"s, MPA, MC Ty '- n ga 53 City Clerk May• 54I ,_�..\1.` 55 -ox o0 0 •�4,'1,t APP't�� AS TO ORM: 56 (Corporate Sealer o �� 57 V: •S�yi S�-+' ' 58 ; ;,N�EAL 2 Michael D. Cirullo,Jr. 59 1920Ta� City Attorney ‘` AiORIDP► S:\CA\RESO\Agreements\Cityscapes Consulting Agreement-Reso.docx t 41 - _ U O` �P tiT ON - AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CITYSCAPE CONSULTANTS, INC. THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and CityScape Consultants, Inc. a corporation authorized to do business in the State of Florida, with a business address of 2423 S.Orange Ave #317,Orlando, FL 32806, hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor and consulting related to wireless leasing, administration, and management services for City-owned wireless facilities. 2. SCOPE OF SERVICES. VENDOR agrees to perform the leasing and administration services required for the tower and ground space lease management services, as specified in Exhibit A. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of five(5) years, commencing on June 7, 2023 and shall remain in effect through June 5, 2028. The CITY reserves the right to renew the agreement for two (2) five-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: A. For the remainder of fiscal year 2023, CityScape will consult with the City for inventory, overview of current leases, recommend and negotiate new lease agreements for tower and ground space for review and approval by the City. Coordinate with City Attorney on drafting new leases for new collocators on existing facilities and new towers on City property. Conduct technical, regulatory and lease review of tenant requests for proposed upgrades and modifications. This set-up fee and rates for all work for the remainder of City's fiscal year will be a fixed fee of$48,000. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the CITY Manager or designee. B. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. C. Beginning in fiscal year 2024, CityScape's fee will be twenty-five percent (25%) of all wireless revenue to be paid quarterly. Management fees are only due and payable when and to the extent the rent is collected by the City. Reconciliation reports and invoice will be sent by VENDOR to the City quarterly or a mutually agreed upon schedule. {00464442.1 306-9001821) D. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. The CITY shall indemnify and hold harmless the VENDOR, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense,which the VENDOR or its officers,employees,agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the CITY's ownership of wireless infrastructure assets unrelated to any obligation of VENDOR under this Agreement, subject to the provisions of§768.28 below. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or§768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All polices shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this 100464442.1 306-9001821) 2 Agreement: i. Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an"Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability(Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3)years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers,officials, employees or volunteers.A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty(30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an ii lama!_I illn_ui"J182 independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions,conditions,or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by VENDOR of written notice of such neglect or failure. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: {004644421 306-9001821} 4 CityScape Consultants, Inc. 2423 S. Orange Ave#317 Orlando, FL 32806 18. INTEGRATED AGREEMENT. This agreement,together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both CITY and VENDOR. 19. PUBLIC RECORDS. Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The CITY is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR's possession All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 20. SCRUTINIZED COMPANIES. By execution of this Agreement,VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification (00464442.1306-9001821) 5 allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E-VERIFY. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. ;00464442.1306-9001821} 6 IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year written below. ' DATED this ( day of U - , 2023. CIT_Y OF BOYNTON BEACH CITYSCAPE CONSULTANTS,INC. Darn'Tug reg Citylraaa (Signature),Authorized Official .<__—M Anthony T. Lepore Printed Name of Authorized Official Attest/Authenticated: President Title • \.0011u- .0111u- Ilk . it! '. _--_•••" , Corporate Seal) N:' - - ,� aylee Je Vis, City c O"( `TON 6 X11 _ : Li' A :.' r • •• 1 �. (3:�� ';0y i� • lug . �,.` .. '.INCL 20 : i 1 ,, •••••.•••• Q, ir . Approved as to Form: �``. � FLOR�� est/Authenticated: --Poe ,• Michael D. Cirullo, Jr., City Attorney itness (00464442.1306-9001621} 7 oirY_PAs i ( \ , ,,, , T tlik i, Jo 0,,, \ , r • O N EXHIBIT "A" �ooa�>aaaz i 306- )u1821 8 Ci'tfSCa3e I S , Proposed Leasing Scope of Services for Boynton Beach, FL MAY 12, 2023 WIRELESS LEASING AND ADMINISTRATION SERVICES AND FEES CityScape Consultants, Inc. (CityScape) proposes to consult and advise the City of Boynton Beach (City), as directed, on the management of existing and future leases of City-owned wireless facilities. Comprehensive Wireless Leasing Consulting CityScape will manage all aspects of the municipal leasing program; including review and evaluate the language of all current leases, review industry standards and market conditions, make recommendations regarding lease terms and valuation, assist with lease negotiations with tenants, and establish and maintain an inventory of all City-owned wireless facility leases and available properties. City Inventory to include, but not limited to: • Overview of lease, including but not limited to all pertinent site information, tower type, height, tenants, tenant height, ground space square footage overall and by tenant. • Overview of the agreements and terms, including but not limited to agreement date, initial terms, rent, expiration, anniversary, renewals, increases, and termination. • Overview of amendments, renewals, consents, etc. • Lease revenue projections by year with expirations and renewals notated. • Pictures of tower and ground facility. • Documentation of existing exhibit/equipment information. • Any other pertinent information including physical space availability for additional collocators (information received from structural percentages of each site). CityScape will consult as needed,as follows: • Recommend and negotiate new lease agreements for tower and ground space for review and approval by City. • Coordinate with City Attorney on drafting new leases for new collocators on existing facilities and new towers on City property for City's review and approval of form and content. • Work with tenant providers on new content of lease agreements, reviewing lease exhibits and site plans. • Conduct technical, regulatory and lease review of tenant requests for proposed upgrades and modifications to determine if modification will require an increase in rent. • Prepare proposed draft lease amendments in concert with City Attorney documenting new antenna layout and applicable rental fees and term modifications for City review and approval of form and content. PG.1OF7 • Work with City Attorney and City staff to finalize an agreed-upon amendment with tenant. • Quarterly verification of lease revenue collections by City and tenant terms; provide report and any proposed reconciliation of rent, if applicable, and work with City staff and tenant to confirm and/or rectify any found discrepancies. • Set up a regular quarterly conference call with City administration staff to discuss all City wireless projects and pending activity as needed. • Work with Parks and Rec department for any issues relating to the wireless facilities. • Manage and collect leasing revenue including collection of rent (optional). City to provide CityScape: • City will forward copies of all wireless payments to CityScape for rent verification. • Copies of all lease agreements, amendments, renewals and/or any pertinent documentation related to the wireless facilities on City property. Comprehensive Leasing Rate Schedule: For the remainder of fiscal year 2023, CityScape will consult with the City for all items listed above in order of priority determined by the City and CityScape. The set-up fee and rates for all work for the remainder of the City's fiscal year will be at a fixed fee of$48,000 to be billed monthly. Beginning in fiscal year 2024, CityScape's fee will be twenty-five percent (25%) of all wireless revenue to be paid quarterly. Management fees are only due and payable when and to the extent the rent is collected by City. Reconciliation reports and invoices will be sent to the City quarterly or a mutually agreed upon schedule. Contract term initial five year with two additional five-year renewals. CitYSCape Scope of Work•City of Boynton Beach•May 12,2023 • PG 2 OF 7 ADDITIONAL SERVICES The following are additional wireless consulting services available to the City for future long-term wireless planning. Project fees and proposals are available upon request. • Wireless Infrastructure Inventory The Wireless Infrastructure Inventory is a physical assessment of all existing wireless facility locations throughout the City. All collected information is used to analyze existing wireless deployment patterns, the types of existing infrastructure and network functionality.This establishes the foundation for all future wireless communication activity including new tower reviews, site management leasing and a wireless master plan. Infrastructure Inventory Process: • Extensively research data prior to fieldwork for assessments of existing wireless facilities. • Compile all documentation and gather relevant information prior to scheduling the wireless facility assessments. • Create an initial GIS database from all gathered known and potential wireless facility sites. • Create the online collecting GIS feature. • Visit and assess all wireless antenna, towers, and base stations throughout the City and within a one-mile perimeter outside its boundaries. • All pertinent facility information will be gathered including but not limited to the following: o Location of facility o Service providers on the tower or base station o Antenna type, height o Facility ownership o Type of facility o Any notable information o Pictures and site map of facility for inventory catalog • Review all data and inventory information recorded in the assessment process, cross reference, sort and reconcile all information collected. • Prepare and draft an inventory catalog of all existing wireless facilities. All existing and proposed facilities will be depicted in a digital inventory catalog format, an Excel listing, and GIS shapefile. City to Provide: • City GIS information (if available). • All wireless telecommunication permit information. CityScape Deliverables • GIS layer of all wireless facilities including geo data of all site information. • Infrastructure Inventory Catalog. • Map of all wireless facilities. CityScape Scope of Work•City of Boynton Beach•May 12,2023 Pc.3o 7 • Wireless Master Plan Infrastructure Inventory Mapping Once all inventory has been assembled and cataloged, inventory maps will be generated as follows: Inventory Maps • Infrastructure by Facility Type (tower or base station). • Infrastructure by Antenna Type (macro, small wireless, public safety, broadcast or other). • Infrastructure by PWSFs(macro, small wireless). • Infrastructure by Location (private property, public property, utility easement or right-of-way). • Infrastructure by Design Type (non-concealed, semi-concealed or concealed). Engineering Analysis and Mapping Once all inventory maps are finalized, analysis will begin and propagation maps will be generated as follows: Propagation Maps • Simulated mid-band frequency propagation prediction map showing estimated wireless coverages from all existing personal wireless service facilities (PWSF) in the City and within the one-mile buffer. • Individual service provider maps (3-4 pending providers found in the field). • Map showcasing population density with existing PWSF inventory overlay. • Map of existing PWSF on land use map or zoning map (if applicable). • Projection map representing gaps in wireless services with the predicted number of sites needed over the next ten-years. *Maps are subject to change based on data discovered in the field and the specificities and needs of the City. One initial and one final round of mapping is included; additional maps will be at the per diem rate. Master Plan Document All mapping and deployment analysis will be collated into a draft wireless master plan document for review by the City. After edits or changes by the City, maps will be finalized, and a final document prepared for Commission adoption. Bi-weekly, tri-weekly, or monthly virtual meetings are included. CityScape Deliverables • All mapping detailed above. • Document detailing a wireless overview, analysis of each map and a ten-year prediction of number of sites. It is recommended to include two public meetings. One meeting will be to present the infrastructure maps, analysis of propagation prediction maps showcasing the existing wireless condition, illustrate the gaps throughout the City and introduce the survey.The second meeting to present survey results and introduce the draft Wireless Master Plan. City staff will schedule any public meetings required with necessary planning and community groups, public notification and arrangements for meeting dates, and times and locations in conjunction with the CityScape calendar. City will be responsible for public notification, location, meeting arrangements, and recording of sessions if applicable. Cit; 'SCape Scope of Work•City of Boynton Beach•May 12,2023 • PG-4 OF 7 • Zoning Ordinance Review Comprehensive Regulatory Review, Recommendation and Text Amendments Updating the City's Code is necessary for compliance with Federal and State regulations, ensuring historic preservation, aesthetic design goals and any other concerns of the City. CityScape will complete a comprehensive review of the City's personal wireless service facilities regulations and process, with particular attention to: • Compliance with mandated State and Federal regulations. • Strengths and weaknesses of the existing zoning regulations. • Strategies to control and prioritize the location and height of new facilities. • Strategies to protect the aesthetics in local and National Register historic districts. • Reduce the visual impact of new facilities. • Explore solutions for concealed facilities and design guidelines. • Effectiveness of the intent of the zoning regulations and process. Review and text amendment process as follows: • CityScape will provide an initial redline version within document comments for discussion with City Attorney and City staff. • CityScape will review City 's redline and comments and provide a modified draft version to distribute to wireless industry contacts (if desired). Working with the wireless industry allows the City to address all industry concerns which streamlines the adoption process. If necessary, CityScape will arrange a virtual conference with the industry to discuss and address any potential conflicts the industry may have with the draft regulations. • CityScape along with the City Attorney and City staff will review all wireless industry comments and prepare a final draft to be presented for public review and comment. • Workshop And Public Meetings Public meetings are an important aspect for the City in engaging the citizens and maintaining transparency. CityScape will present at City facilitated public meetings either in person or via Zoom (or other video conferencing platform) and may be used as an informational workshop, presentation or for adoption of the Wireless Master Plan or Zoning Ordinance. CityScape can work with the City to tailor and provide workshops for the City as needed. CttfScape Scope of Work•City of Boynton Beach•May 12,2023 PG.5o 7 • Third Party Expert Application Review CityScape shall perform independent technical reviews of individual wireless communications facility site application requests on behalf of the City and render a technical opinion to the City concerning such application. Each review will apply the parameters of the City's wireless ordinance and shall require the applicant to reimburse City for the expense of the review. Fees for Review of Wireless Applications Task ill Description Timeline Fee Application Review Third party review of wireless communication facility applications for Up to *No cost to City new and modification of existing facilities. 3 weeks -Applicant Paid *All fees are paid for by the Applicant through the City's application and review process and therefore there is never any out of pocket expense to the City. Fixed project fee proposals for any additional CityScape services are available upon request. CIiySCape Scope of Work•City of Boynton Beach•May 12,2023 • Pc 6 0c 7 Per Diem The following is a per diem rate schedule for additional services contracted on an hourly basis. Travel related expense for additional services to be billed at cost for hourly service project work. Effective January 1, 2023,through December 31, 2024 Regulatory Director $ 350.00 per hour Engineering $ 285.00 per hour Project Manager/Planning Manager $ 200.00 per hour Travel Time $ 75.00 per hour PER DIEM TERMS AND CONDITIONS 1.Travel and meals on a per diem basis will be invoiced at actual cost, plus 20 percent to account for general and administrative costs. 2. Hours expended for travel in support of any time and materials task orders are billable hours. 3. Hourly project work is invoiced monthly, or as agreed to upon request of services. 4.All invoices are due and payable 30 days from issuance. CftyScap@_____ Scope of Work•City of Boynton Beach•May 12,2023