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Agenda 11-05-14 Page 1 of 405 Page 2 of 405 Page 3 of 405 Page 4 of 405 Page 5 of 405 Page 6 of 405 Page 7 of 405 Page 8 of 405 Page 9 of 405 Page 10 of 405 Page 11 of 405 Page 12 of 405 Page 13 of 405 Page 14 of 405 Page 15 of 405 Page 16 of 405 Page 17 of 405 Page 18 of 405 Page 19 of 405 Page 20 of 405 Local Mitigation Strategy2015 SECTION 1: PLANNING PROCESS 1.0 INTRODUCTION The Palm Beach County Unified Local Mitigation Strategy (LMS) was formally adopted by the county, municipalities, and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part, by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation planning. The LMS was established and continues to operate in accordance with prevailing federal, state and local guidelines and requirements. In 2004 the plan and program were substantially modified to improve operational effectiveness and to comply with new federal guidelines established in response to the Disaster Mitigation Act of 2000. 1.2 PURPOSE The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community’s vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard-specific mitigation options and for developing and executing sound, cost-effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. 1.3 PROGRAM ORGANIZATION 1.3.1 LMS Structure The original LMS structure consisted of two levels; (1) the LMS Committee which was the larger body of public agencies, non-profit organizations, private institutions, and members of the public at large interested in participation in LMS activities (2) subcommittees. The LMS Steering Committee was the policy and decision body. Voting rights were restricted to one officially designated primary member and two alternates from each municipal jurisdiction and the county. Each jurisdiction had one vote on LMS matters and a quorum vote was required for approval. Written notice from the manager/mayor of the jurisdictional governing body to the Chair of the LMS Committee or to the Director, Palm Beach County Division of Emergency Management was required to designate new voting members. While voting on important LMS issues was restricted as described above, attendance and participation in general meetings was open to the community at large. An LMS Chair and Vice Chair were elected every other year; unlimited successive terms were permissible at the will of the Committee. Page 21 of 405 Local Mitigation Strategy2015 Four subcommittees were established in the early stages of the LMS to assist with initial program and plan development. They included: The Hazard and Vulnerability Analysis Subcommittee,theOutreach and Education Subcommittee, and the Financial and LegalIssues Subcommittee. Over the course ofprogram development, the Outreach and Education Subcommittee evolved and changed its name to the Community Rating System (CRS) Subcommittee to reflect its growing focus on CRS outreach and education and other CRS issues. The Hazard and Vulnerability Analysis Subcommittee and Financial and Legal Issues subcommittees gradually became inactive as the LMS matured, but were subject to reactivation , if future needs warranted. A fifth subcommittee, the Update/Review Subcommittee was created to monitor and evaluate the effectiveness of the LMS and recommend changes to ensure the LMS plan remained current, compliant, focused, and responsive to community interests and needs. An additional standing subcommittee, theEvaluation Panel was established specifically to review, score and prioritize LMS mitigation projects submitted by LMS steering committee members and other partner organizations in accordance with guidelines, procedures and criteria developed early in the program. Under the original project prioritization process, the Panel prepared and submitted Prioritized Project Lists (PPLs) to the Steering Committee for approval and adoption twice a year. With FEMA’s issuance of new funding criteria based largely on benefit-cost justifications the role and skill requirements of the Evaluation Panel had to be reexamined. 1.3.2 Current LMS Structure In July 2003, the Update/Review Subcommittee was reconstituted as an Administrative Subcommitteewith the broader mission of providing guidance and assistance necessary to bring the plan and program into compliance with the new federal guidelines and criteria established in response to the Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations. The group met numerous times over the course of the review to develop plans and strategies for the revision process, and monitor and review plan revisions. A number of important recommendations and actions emerged from this later responsibility. Among the Committee’s observations were the following: The LMS Committee, composed of the County and all municipal members, was considered too large and unwieldy to serve as an effective policy and decision body Greater attention needed to be given to ensuring mitigation projects were cost-effective and focused on threat-specific mitigation priorities and strategies Many of the county’s jurisdictions, particularly the smaller municipalities, lack the in- house technical resources, funds, and expertise necessary to effectively execute FEMA’s mandated Benefit-Cost analyses Page 22 of 405 Local Mitigation Strategy2015 The plan revision process afforded an excellent opportunity to also reconsider and revamp the LMS program structure and operating philosophy. In response to these and other considerations, in June 2004, the LMS voted unanimously to adopt and phase into implementation a number of significant program changes and enhancements proposed by the Administrative Subcommittee. Among the executed and/or planned actions are the following: LMS Steering Committee Effective July 2004, the LMS Steering Committee consisted of 15 members comprised of: seven municipal representatives, two county/local government representatives, one state/federal government representative, one university/college representative, one healthcare industry representative, one non-profit representative, and two representatives from the private sector. The Steering Committee serves as the Local Mitigation Strategy program board of directors. As such, it is the primary decision and policy body for LMS sponsored mitigation activity. LMS Working Group The LMS Working Group is comprised of the full body of the LMS, representing a broad cross- section of public sector and private sector organizations and individuals, including the general public. The Working Group serves as an umbrella organization for coordinating all mitigation programs and activities, supplies the staffing and expertise for the standing and ad hoc committees of the LMS, and is the primary mechanism and forum for exchanging information and mobilizing the vast expertise and resources of the community. Standing Committees Evaluation Panel, designated to review, evaluate, score and rank mitigation projects applying established local, state and federal prioritization processes and criteria. Flood Mitigation Technical Advisory Committee, comprised of flood mitigation engineers and experts from public and private sector organizations, is charged with assessing county-wide flood risks and vulnerabilities without regard to jurisdictional boundaries and recommending flood mitigation priorities, strategies, plans and projects for LMS consideration and action that optimally benefit to the greater community. Flood Mitigation Committee – CRS Outreach Subcommittee, comprised of representatives from the county’s 26 CRS communities, who collaborate on a full range of Outreach Projects Strategy (OPS) initiatives and promote CRS participation. Ad Hoc Committees: Formed as needed. Page 23 of 405 Local Mitigation Strategy2015 1.4 LMS PARTICIPATION REQUIREMENTS Since the Unified Local Mitigation Strategy is written directly from input from all meetings, it is important to make sure that the entire Palm Beach County community is represented. The following groups are invited to all Local Mitigation Strategy meetings. Each group has different participation requirements; however, all groups are strongly encouraged to participate in the planning process. Jurisdictions Municipal and county participation are critical to the success of the LMS. In order to retain LMS voting rights, qualify for federal mitigation assistance consideration, and otherwise remain a member in good standing, the county and all municipal jurisdictions are expected to conform to the following standards: Participation of the representative or alternate in the two annual Working Group meetings; or Participation of the representative or officially designated alternate(s) in a majority of the Steering Committee meetings Participation in a majority of subcommittee meetings; or Participation in special conference call meetings of the Steering Committee or subcommittees; and Have a dully executed resolution adopting the revised LMS plan on file with the county. In order for a jurisdiction to be eligible for Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA) and Pre-Disaster Mitigation (PDM) funding programs, they must have an executed resolution/interlocal agreement adopting the LMS. Appendix H includes the Board of County Commissioners agenda item summary, along with a copy of all executed adoption resolutions. Consecutive absences will be cause for disqualification for the LMS, subject to appeal and review by the LMS Chair. All rights and privileges will be terminated during a period of disqualification and formal reapplication; Non-Governmental Organizations (NGO’s) and other Governmental Entities In order to qualify for LMS grant sponsorship, NGO’s and other governmental entities must: Have a dully executed letter of commitment to the LMS on file with the county; and Page 24 of 405 Local Mitigation Strategy2015 In the judgment of the LMS Steering Committee, actively participate in, and otherwise support LMS activities. The Public and Private Sector The Palm Beach County Unified Local Mitigation Strategy believes broad community support, including ongoing public and private sector involvement, is very important to the success of the program. While participation by private organizations and the general public is strictly voluntary, their attendance, comments, contributions, and support are actively invited, sought, monitored and fully documented. In order to promote the opportunity for broad participation, at a minimum, notices and agendas for all general meetings of the LMS are posted through some combination of the following: newspaper ads or public service announcements; postings on county and municipal websites, announcements in the county and municipal newsletters and calendars, and blast faxes and e- mailings to all previous participants. 1.5 JURISDICTIONAL ADOPTION OF THE LMS All jurisdictions wishing to participate in and share in the benefits deriving from the LMS program must complete and file a fully executed resolution (see Appendix H) which conforms to the adoption standards jointly established and amended by the Palm Beach County Board of County Commissioners and the LMS Steering Committee. 1.6NEW JURISDICTIONS/ENTITIES In the event municipal jurisdictions are added, deleted, or merged within the county, the LMS will appropriately adjust its member rolls as necessary and require any newly defined jurisdictions to provide documentation necessary for participation in the program. 1.7 GUIDING PRINCIPLES The LMS guiding principles are an expression of the community’s vision of hazard mitigation and the mechanisms through which it is striving to achieve that vision. The principles address concerns of the community relative to natural, man-made, and environmental hazards. 1.7.1 PROCESS As part of the process, a survey was distributed to each local jurisdiction. The surveys provided information about the jurisdiction’s development plans and regulations, and hazard mitigation projects they have implemented. Using this approach, a comprehensive list of hazards of concern to the local governments was developed. From these defined hazards, the Working Group identified areas of concern. These areas of concern included: Page 25 of 405 Local Mitigation Strategy2015 • Loss of life • Loss of property • Community sustainability • Health/medical needs • Sheltering • Adverse impacts to natural resources (e.g., beaches, water quality) • Damage to public infrastructure (e.g., roads, water systems, sewer systems, stormwater systems) • Economic disruption • Fiscal impact • Recurring damage • Redevelopment/reconstruction • Development practices/land use • Intergovernmental coordination • Public participation • Repetitive flood loss properties • Historical structures 1.8 STRATEGY The strategy used for the development and revision process of the Unified Local Mitigation Strategy Plan, consisted of the following tasks: 1.Public involvement to ensure a representative plan 2.Coordination with other agencies or organizations 3.Hazard area inventory 4.Risk and Vulnerability Assessment 5.Incorporating existing plans, reports, and technical information into the LMS 6.Review and analysis of possible mitigation activities 7.Local adoption following a public hearing 8.Periodic review and update Page 26 of 405 Local Mitigation Strategy2015 1.9 Measuring the Overall Effectiveness of the LMS Program Measuring the effectiveness of mitigation activities presents several challenges. However, since this program has identified goals, the effectiveness of this program will be measured, to the extent possible, against progress being made toward meeting those goals. The LMS Coordinator regularly monitors attendance and participation of the Working Group. This is done through sign-in sheets at meetings and submittal of mitigation projects for inclusion in the LMS document. The LMS also encourages increased activity in the CRS program. The completion of these projects enables the LMS Coordinator to track and monitor future performance. Performance is also identified during the damage assessment process where damage and opportunities for future mitigation activities are discovered. 1.10BENEFITS Adoption of this strategy will provide the following benefits to both County and municipal governmental entities: Compliance with Administrative Rules 9G-6 and 9G-7, Florida Administrative Code (F.A.C.), requirements for local comprehensive emergency management plans to identify problem areas and planning deficiencies relative to severe and repetitive weather phenomenon, and to identify pre and post-disaster strategies for rectifying identified programs Universal points from the National Flood Insurance Program’s (NFIP) Community Rating System (CRS) Program for developing a Floodplain Management Program, which may help further reduce flood insurance premium rates for property owners Access to FEMA’s Federal grant programs, Compliance with the Disaster Mitigation Act of 2000. Set forth the guiding principles with which both the County and municipal governmental entities of Palm Beach County will address the issue of all hazard mitigation Identify the known hazards to which the county is exposed, discuss their range of impacts, and delineate the individual vulnerabilities of the various jurisdictions Section 2.0, and population centers within the county (Hazard Identification and Vulnerability Analysis) Page 27 of 405 Local Mitigation Strategy2015 Develop a detailed method by which Palm Beach County (municipalities and County government) can evaluate and prioritize proposed mitigation projects along with new federal requirements Develop the process and schedule by which this entire Unified Local Mitigation Strategy will be reviewed and updated to include public participation 1.11Evaluation Criteria and Procedures to Review and Revise the LMS This document will be updated a minimum of every five (5) years by the LMS Coordinator with the assistance of the Revision Subcommittee and approval by the Steering Committee with input from the LMS Working Group. The public is given an opportunity to review this document and provide comments through the County website, as well as committee meetings. Revisions may also be made based upon experience from any significant events such as a hurricane, destructive tornado, severe hazardous materials spill or any other occurrence where mitigation could benefit the community. Changes in federal, state, and local laws will also be reflected in the updated version of this document. The revisions will then be distributed to all affected parties by the LMS Coordinator. The evaluation criteria which are used include: 1. Have there been any new mandates from federal, state or local agencies that require changes to the Local Mitigation Strategy? Any new or changing laws, policies or regulations. 2. Are there any societal developments or significant changes in the community that must be added to the current LMS? 3. Have there been any changes in the Comprehensive Plan or any other form of standard operating procedure? 4. Have any of the mitigation opportunities been implemented? Are the priorities for implementation the same? 5. What are the recommendations or lessons learned from any major incidents that have occurred since last adoption? During the revision process, each criterion is addressed to determine if they are still valid and adjustments are made as necessary. All existing mitigation opportunities that are determined to still be viable projects will be left standing. All those that are determined to be no longer workable will be set aside for further review and revision or, dropped as no longer feasible. 8 Page 28 of 405 Local Mitigation Strategy2015 Once revisions are approved by the Steering Committee, the LMS Coordinator provides the copy to all members, on the website, and to the State for approval. Once approved by the State, LMS Coordinator distributes to members for final adoption by governing body. 9 Page 29 of 405 Page 30 of 405 Page 31 of 405 Page 32 of 405 Page 33 of 405 Page 34 of 405 Page 35 of 405 Page 36 of 405 Page 37 of 405 Page 38 of 405 Page 39 of 405 Page 40 of 405 Page 41 of 405 Page 42 of 405 Page 43 of 405 Page 44 of 405 Page 45 of 405 Page 46 of 405 Page 47 of 405 Page 48 of 405 Page 49 of 405 Page 50 of 405 Page 51 of 405 Page 52 of 405 Page 53 of 405 Page 54 of 405 Page 55 of 405 Page 56 of 405 Page 57 of 405 Page 58 of 405 Page 59 of 405 Page 60 of 405 Page 61 of 405 Page 62 of 405 Page 63 of 405 Page 64 of 405 Page 65 of 405 Page 66 of 405 Page 67 of 405 Page 68 of 405 Page 69 of 405 Page 70 of 405 Page 71 of 405 Page 72 of 405 Page 73 of 405 6.D. CONSENT AGENDA 11/5/2014 REQUESTED ACTION BY COMMISSION: Approve and authorize the purchase of Dell desktop computers and monitors for various city departments by piggybacking off of State Contract number 250 - WSCA -10 -ACS in the amount of $29,999.75. EXPLANATION OF REQUEST: The I.T.S. department has engaged in a computer replacement program for numerous years, which provides our employees with computing technology adequate to run the software needed to perform their job functions. Maintenance on older equipment has proven to be extremely costly from a financial perspective. This purchase provides for the replacement of computers that are a minimum of 4 years and older, targeting the City's Dell OptiPlex computers. Our oldest computers are not necessarily replaced with the new computer. Users that require high -end computing power to perform their job functions will receive the newer systems. Their previous systems will be taken back to the I.T.S. department to be refreshed. Those previously used systems are given to users needing lesser - powerful systems than the new systems, although more powerful than their old systems, to perform their job functions. The cascading process of this PC replacement plan continues until we are eventually left with the oldest systems. These old systems are used for spare parts or are ultimately retired. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We will be replacing out -of -date employee computer equipment that is marginally capable of running the city's current software products. Many enterprise applications such as GIS and Document Imaging require higher end PC's. The up -to -date PC's will increase efficiency in internal business operations by providing an appropriate hardware/ software combination. FISCAL IMPACT: Budgeted Funding was approved and is available for the City in the Capital Improvement Plan for fiscal year 2014/15 under account number 302 - 4101 - 580.52 -20 for the amount of $30,000. Purchases are available through Dell Inc. under Florida State Contract number 250 - WSCA -10 -ACS. ALTERNATIVES: Not making this purchase would require the continued use of equipment that is marginally capable of running the city's current software products. Compatibility issues could also prevent a smooth transition to the future alternative software suites. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Goal 3 - High Performing City Organization; Objective 5: Upgrade information technology both hardware and software. This purchase allows the City to upgrade its aging PC infrastructure, selecting the systems that are beyond 4 years old. Older equipment typically is close to (or past) its end -of -life, runs slower than newer equipment, and has a higher tendency to experience minor or major component failures. The replacement of these personal computers will enhance the reliability of our computing environment and Page 74 of 405 Page 75 of 405 Page 76 of 405 Page 77 of 405 Page 78 of 405 Page 79 of 405 Page 80 of 405 Page 81 of 405 Page 82 of 405 Page 83 of 405 Page 84 of 405 Page 85 of 405 Page 86 of 405 Page 87 of 405 Page 88 of 405 Page 89 of 405 Page 90 of 405 Page 91 of 405 Page 92 of 405 Page 93 of 405 Page 94 of 405 Page 95 of 405 Page 96 of 405 Page 97 of 405 Page 98 of 405 Page 99 of 405 Page 100 of 405 Page 101 of 405 Page 102 of 405 Page 103 of 405 Page 104 of 405 Page 105 of 405 Page 106 of 405 Page 107 of 405 Page 108 of 405 Page 109 of 405 Page 110 of 405 Page 111 of 405 Page 112 of 405 Page 113 of 405 Page 114 of 405 Page 115 of 405 Page 116 of 405 Page 117 of 405 Page 118 of 405 Page 119 of 405 Page 120 of 405 Page 121 of 405 Page 122 of 405 Page 123 of 405 Page 124 of 405 Page 125 of 405 Page 126 of 405 Page 127 of 405 Page 128 of 405 Page 129 of 405 Page 130 of 405 Page 131 of 405 Page 132 of 405 Page 133 of 405 Page 134 of 405 Page 135 of 405 Page 136 of 405 Page 137 of 405 Page 138 of 405 Page 139 of 405 Page 140 of 405 Page 141 of 405 Page 142 of 405 Page 143 of 405 Page 144 of 405 Page 145 of 405 Page 146 of 405 Page 147 of 405 Page 148 of 405 Page 149 of 405 Page 150 of 405 Page 151 of 405 Page 152 of 405 Page 153 of 405 Page 154 of 405 Page 155 of 405 Page 156 of 405 Page 157 of 405 Page 158 of 405 Page 159 of 405 Page 160 of 405 Page 161 of 405 Page 162 of 405 Page 163 of 405 Page 164 of 405 Page 165 of 405 Page 166 of 405 Page 167 of 405 Page 168 of 405 Page 169 of 405 Page 170 of 405 Page 171 of 405 Page 172 of 405 Page 173 of 405 Page 174 of 405 Page 175 of 405 Page 176 of 405 Page 177 of 405 Page 178 of 405 Page 179 of 405 Page 180 of 405 SERVICES AGREEMENT Contract Number: S00001000428 „„„%XXR2EXMSREP7IVZMGI7YTTSVXXLJP Contract Modifier: RN13-FEB-14 12:34:22 )EWX%PKSRUYMR6SEH    Date: 06/20/2014 Required P.O.:No Company Name:Boynton Beach, City Of Attn:Customer # :1000303040 Billing Address:100EBoyntonBeachBlvdBill to Tag # :0001 City, State, Zip:BoyntonBeach,FL,33435Contract Start Date:10/01/2014 Customer Contact:Contract End Date:09/30/2015 Phone:Anniversary Day:Sep30th Payment Cycle:QUARTERLY PO # : 58=13()0348-327)6:-')7()7'6-48-321328,0=)<8)2()( )<8%18 112,571.40 Total Services$9,380.95 $ SPECIAL INSTRUCTIONS - Subtotal - Recurring Services ATTACH STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One-Time Event Services 9,380.95112,571.40 Total $$ Taxes-- MAINTENANCE CONTRACT INCLUDES THE 9,380.95112,571.40 Grand Total $$ FOLLOWING SERVICE PRODUCTS: DISPATCHING, TECHNICAL SUPPORT, THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. NETWORK MONITORING, INFRASTRUCTURE REPAIR, ON SITE INFRASTRUCTURE RESPONSE, LOCAL RADIO COMBO PACKAGE, SOFTWARE MAINTENANCE AGREEMENT AND SECURITY UPDATE SERVICE. 7YFGSRXVEGXSV W 'MX]7XEXI MOTOROLA SOUTH FLORIDA FSOPLANTATIOFL N MOTOROLA SYSTEM SUPPORT CENTERELGINIL MOTOROLA NIO SSA TEAMSCHAUMBUIL RG MOTOROLA SSC NETWORK SECURITY SCHAUMBUIL DO298RG MOTOROLA SYSTEM SUPPORT SCHAUMBUIL CENTER-NETWORK MGMT DO067RG MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBUIL CENTER DO066RG MOTOROLA SYSTEM SCHAUMBUIL SUPPORT-TECHNICAL SUPPORT DO068RG CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL 1 Page 181 of 405 CONTROL COMMUNICATIONSDAVIEFL CONTROL COMMUNICATIONSDAVIEFL -VIGIMZIH7XEXIQIRXWSJ;SVOXLEXHIWGVMFIXLIWIVZMGIWTVSZMHIHSRXLMW„%KVIIQIRX1SXSVSPE W7IVZMGI8IVQW ERH'SRHMXMSRWEGST]SJ[LMGLMW„EXXEGLIHXSXLMW7IVZMGI%KVIIQIRXMWMRGSVTSVEXIHLIVIMRF]XLMWVIJIVIRGI AUTHORIZED CUSTOMER SIGNATURE TITLEDATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE)TITLEDATE Cindee Markes 954-723-4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Boynton Beach, City Of Contract Number: S00001000428 Contract Modifier:RN13-FEB-14 12:34:22 Contract Start Date: 10/01/2014 Contract End Date: 09/30/2015 2 Page 182 of 405 'YWXSQIVBoynton Beach, City ofEffective:10/1/2014 'SRXVEGXS00001000428 5X)UYMTQIRX(IWGVMTXMSR ] 5Quantar Repeaters 5MCC7500 consoles warrant (y) 12XTL2500 Control Stations 5RCH Diital Remote g 1Moscad 1 PC, 1 Laptop, 1 RTU () 1Microwave/ Fiber Link tied into Count's Microwave Sstem yy 10XTS1500Fire Department 60XTS2500 185XTS5000 71Astro Spectra MobilesEOL () 73XTL2500 36XTL5000 12Astro Spectra ConsolettesEOL () 2XTL5000 Consolettes 1GenWatch Hardware Support Onl included y 7]WXIQ(IWGVMTXMSR 1Prime Site 1Dispatch Center 5Channels )30 )RH3J0MJI *SV)30IUYMTQIRX1SXSVSPE[MPPGSRXMRYIXSTVSZMHISYVGSRXVEGXIH VIWTSRWIXMQIXSWYTTSVX]SYV6EHMS7]WXIQ,S[IZIV[IGERRSPSRKIVKYEVERXIIQSVIXLER E'SQQIVGMEPP]6IEWSREFPI)JJSVXMRVIKEVHWXSVITEMVSJRSRWYTTSVXIHGSQTSRIRXW 3 Page 183 of 405 7IVZMGI8IVQWERH'SRHMXMSRW Motorola Solutions, Inc., through its Commercial, Government, and Industrial Solutions Sector (“Motorola”), and the customer named in this Agreement (“Customer”), hereby agree as follows: 7IGXMSR%440-'%&-0-8= These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. 7IGXMSR()*-2-8-327%2(-28)646)8%8-32 2.1. “Agreement” means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. “Services” means those installation, maintenance, support, training, and other services described in this Agreement. 7IGXMSR%'')48%2') Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the “Start Date” indicated in this Agreement. 7IGXMSR7'34)3*7)6:-')7 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4 Page 184 of 405 4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 7IGXMSR)<'09()(7)6:-')7 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. 7IGXMSR8-1)%2(40%')3*7)6:-') Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. 7IGXMSR'97831)6'328%'8 Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola. 7IGXMSR4%=1)28 Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. 5 Page 185 of 405 7IGXMSR;%66%28= Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7IGXMSR()*%9088)61-2%8-32 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 7IGXMSR0-1-8%8-323*0-%&-0-8= This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. 7IGXMSR)<'097-:)8)617%2('32(-8-327 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify 6 Page 186 of 405 this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. 7IGXMSR46346-)8%6=-2*361%8-32'32*-()28-%0-8=-28)00)'89%04634)68= 6-+,87 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. 7IGXMSR*''0-')27)7%2(38,)6%98,36->%8-327 Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. 7IGXMSR'3:)2%2823883)1403= During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. 7IGXMSR1%8)6-%0783307%2()59-41)28 All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. 7IGXMSR+)2)6%08)617 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 7 Page 187 of 405 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party’s reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. In the event of a price adjustment, the City shall have the right to cancel the Agreement by providing written notice to Motorola. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola’s then effective hourly rates. 8 Page 188 of 405 StatementofWork NetworkMonitoring,OnSiteInfrastructureResponseandDispatch Service MotorolawillprovideNetworkMonitoring,DispatchServiceandOnSiteInfrastructureResponseservicestothe Customer.Theseservicesareapplicableonlyforthefollowingsystemtypes:ASTRO®,ASTRO®25,ARC4000, SmartZone®/OmniLink®v2.0.3andhigher,SmartNet®,PrivateData(withawirelessnetworkgateway)v2.0.3and higher,andHarmony®WirelessCommunicationsSystem.ThetermsofthisStatementofWork(SOW)areanintegral partoftheMotorolaServiceTermsandConditionsorotherapplicableAgreement(s)withtheCustomertowhichthis SOWisappendedandmadeapartthereofbythisreference. 1.0DescriptionofServices NetworkMonitoringisaservicedesignedtoelectronicallymonitorElementsofaCommunicationSystemforEvents,as setforthintheMonitoredElementsTable.WhentheMotorolaSystemSupportCenter(SSC)detectsanEvent,trained technologistsacknowledgeandremotelydiagnosetheEventandinitiateanappropriateresponseperthecustomer profile.Appropriateresponsescouldinclude,butarenotlimitedto,continuingtomonitortheEventforfurther developmenttransferringtheEventtoTechnicalSupport,oropeningaCasefordispatchofaServicer.Ifdispatched,the ServicerwillrespondattheCustomerlocationbasedonpre-definedSeverityLevelssetforthintheSeverityDefinitions TableandResponsetimessetforthintheOn-SiteResponseTimeTableinordertoRestoretheSystem. MotorolawillprovideCasemanagementassetforthherein.TheSSCmaintainscontactwiththeon-siteServiceruntil SystemRestoraloccursandCaseisclosed.TheSSCwillcontinuouslytrackandmanageCaseactivityfromopento closethroughanautomatedCasetrackingprocess. 2.0 MotorolaResponsibilities: 2.1ProvidededicatedConnectivitythroughaprivatenetworkconnectionnecessaryfor monitoringASTRO andASTRO25,SmartZone/OmniLink,PrivateData,andHarmony WirelessCommunicationsnetwork types.TheConnectivityMatrixsetforthinAppendix 1,furtherdescribestheConnectivityoptions. 2.2IfdeterminednecessarybyMotorola,provideMotorolaownedequipmentformonitoring ASTRO andASTRO25Systemelements.IfMotorolainstallsorreplacesMotorola ownedequipment,the typeequipment andlocationinstalledislistedintheMotorola Owned&SuppliedEquipmentTable. 2.3IfdeterminednecessarybyMotorola,provideMotorolaownedequipmentformonitoring SmartNet Systemelements.IfMotorolainstallsorreplacesMotorolaownedequipment, thetypeofequipment andlocationinstalledislistedintheMotorolaOwned&Supplied EquipmentTable. 2.4VerifyConnectivityandEventmonitoringpriortoSystemAcceptanceorStartDate. 2.5ContinuouslyreceivedatafromCustomermonitoredSystemandCustomerinitiatedservicerequests. 2.6RemotelyaccesstheCustomer'sSystemtoperformremotediagnosticsaspermittedby Customerpursuant tosection3.1 2.7CreateaCaseasnecessarywhenservicerequestsarereceived.Gatherinformationto performthefollowing: 2.7.1Characterizetheissue 2.7.2Determineaplanofaction 2.7.3AssignandtracktheCasetoresolution. 2.8DispatchaServicer,asrequired,byMotorolastandardproceduresandprovidenecessaryCase informationcollectedinsection2.7 2.9EnsuretherequiredpersonnelhaveaccesstoCustomerinformationasneeded. 2.10DisableandenableSystemdevices,asnecessary,forServicers. 2.11Servicerwillperformthefollowingon-site: 2.11.1RundiagnosticsontheInfrastructureorFRU. 2.11.2ReplacedefectiveInfrastructureorFRU,asapplicable.Customer,Serviceror Motorolamay provideInfrastructureorFRU. 2.11.3Providematerials,tools,documentation,physicalplanningmanuals, diagnostic/testequipmentand anyotherrequirementsnecessarytoperformtheMaintenanceservice. 2.11.4IfathirdpartyVendorisneededtorestoretheSystem,theServicermay accompanythatVendor ontotheCustomer'spremises. 9 Page 189 of 405 StatementofWork NetworkMonitoring,OnSiteInfrastructureResponseandDispatch Service MotorolawillprovideNetworkMonitoring,DispatchServiceandOnSiteInfrastructureResponseservicestothe Customer.Theseservicesareapplicableonlyforthefollowingsystemtypes:ASTRO®,ASTRO®25,ARC4000, SmartZone®/OmniLink®v2.0.3andhigher,SmartNet®,PrivateData(withawirelessnetworkgateway)v2.0.3and higher,andHarmony®WirelessCommunicationsSystem.ThetermsofthisStatementofWork(SOW)areanintegral partoftheMotorolaServiceTermsandConditionsorotherapplicableAgreement(s)withtheCustomertowhichthis SOWisappendedandmadeapartthereofbythisreference. 1.0DescriptionofServices NetworkMonitoringisaservicedesignedtoelectronicallymonitorElementsofaCommunicationSystemforEvents,as setforthintheMonitoredElementsTable.WhentheMotorolaSystemSupportCenter(SSC)detectsanEvent,trained technologistsacknowledgeandremotelydiagnosetheEventandinitiateanappropriateresponseperthecustomer profile.Appropriateresponsescouldinclude,butarenotlimitedto,continuingtomonitortheEventforfurther developmenttransferringtheEventtoTechnicalSupport,oropeningaCasefordispatchofaServicer.Ifdispatched,the ServicerwillrespondattheCustomerlocationbasedonpre-definedSeverityLevelssetforthintheSeverityDefinitions TableandResponsetimessetforthintheOn-SiteResponseTimeTableinordertoRestoretheSystem. MotorolawillprovideCasemanagementassetforthherein.TheSSCmaintainscontactwiththeon-siteServiceruntil SystemRestoraloccursandCaseisclosed.TheSSCwillcontinuouslytrackandmanageCaseactivityfromopento closethroughanautomatedCasetrackingprocess. 2.0 MotorolaResponsibilities: 2.1ProvidededicatedConnectivitythroughaprivatenetworkconnectionnecessaryfor monitoringASTRO andASTRO25,SmartZone/OmniLink,PrivateData,andHarmony WirelessCommunicationsnetwork types.TheConnectivityMatrixsetforthinAppendix 1,furtherdescribestheConnectivityoptions. 2.2IfdeterminednecessarybyMotorola,provideMotorolaownedequipmentformonitoring ASTRO andASTRO25Systemelements.IfMotorolainstallsorreplacesMotorola ownedequipment,the typeequipment andlocationinstalledislistedintheMotorola Owned&SuppliedEquipmentTable. 2.3IfdeterminednecessarybyMotorola,provideMotorolaownedequipmentformonitoring SmartNet Systemelements.IfMotorolainstallsorreplacesMotorolaownedequipment, thetypeofequipment andlocationinstalledislistedintheMotorolaOwned&Supplied EquipmentTable. 2.4VerifyConnectivityandEventmonitoringpriortoSystemAcceptanceorStartDate. 2.5ContinuouslyreceivedatafromCustomermonitoredSystemandCustomerinitiatedservicerequests. 2.6RemotelyaccesstheCustomer'sSystemtoperformremotediagnosticsaspermittedby Customerpursuant tosection3.1 2.7CreateaCaseasnecessarywhenservicerequestsarereceived.Gatherinformationto performthefollowing: 2.7.1Characterizetheissue 2.7.2Determineaplanofaction 2.7.3AssignandtracktheCasetoresolution. 2.8DispatchaServicer,asrequired,byMotorolastandardproceduresandprovidenecessaryCase informationcollectedinsection2.7 2.9EnsuretherequiredpersonnelhaveaccesstoCustomerinformationasneeded. 2.10DisableandenableSystemdevices,asnecessary,forServicers. 2.11Servicerwillperformthefollowingon-site: 2.11.1RundiagnosticsontheInfrastructureorFRU. 2.11.2ReplacedefectiveInfrastructureorFRU,asapplicable.Customer,Serviceror Motorolamay provideInfrastructureorFRU. 2.11.3Providematerials,tools,documentation,physicalplanningmanuals, diagnostic/testequipmentand anyotherrequirementsnecessarytoperformtheMaintenanceservice. 2.11.4IfathirdpartyVendorisneededtorestoretheSystem,theServicermay accompanythatVendor ontotheCustomer'spremises. 10 Page 190 of 405 2.12VerifywithCustomerthatRestorationiscompleteorSystemisfunctional,ifrequiredby Customer's repairVerificationpreferencedescribedintheCustomerSupportPlan requiredbysection3.5. IfVerificationbyCustomercannotbecompletedwithin20 minutesofRestoration,theCasewillbeclosed and theServicerwillbereleased. 2.13EscalatetheCasetotheappropriatepartyuponexpirationofaResponsetime. 2.14ClosetheCaseuponreceivingnotificationfromCustomerorServicer,indicatingthe Caseisresolved. 2.15NotifyCustomerofCaseStatus,asdescribedintheCustomerSupportPlanrequiredbe section3.5 at thefollowingCaselevels 2.15.1Openandclosed;or 2.15.2Open,assignedtotheServicer,arrivaloftheServiceronsite,deferredor delayed,closed. 2.16Providethefollowingreports,asapplicable: 2.16.1CaseactivityreportstoCustomer. 2.16.2NetworkMonitoringServicereportsforCustomerSystem(s). 2.16.3NetworkActivity/AvailabilityReportsforASTRO25,SmartZone/OmniLink, and PrivateData Systemsonly. 2.17Respondinaccordancetopre-definedResponsetimesuponreceiptfromCustomerof Customer managedpasswordsrequiredforproperaccesstotheCustomer'sSystem. 2.18Applyadditionalsupportchargesaboveandbeyondthecontractedserviceagreements thatmayapplyifit isdeterminedthatSystemfaultswerecausedbytheCustomermaking changestocriticalSystemparameters. 3.0CustomerResponsibilities: 3.1AllowMotorolaContinuousremoteaccesstoobtainSystemavailabilityandperformance data. 3.2AllowMotorolatoaccessSystemiffirewallhasbeeninstalled;providepermanent/dedicatedaccessfor SNMPtraps(outbound)andZDSpolling(inbound). Alsoprovidecontinuousutilityservicetoany Motorolaequipmentinstalledorutilizedat Customer'spremisestosupportdeliveryoftheService. 3.3Orderandmaintaindedicateddial-upphonelinesfortelephoneserviceforSMARTNET Systemtypes. TheConnectivityMatrixsetforthinAppendix1,furtherdescribesthe Connectivityoptions. 3.4Unlessotherwisespecified,Motorolarecommendsaprivatenetworkconnectionforall otherSystems. TheConnectivityMatrixsetforthinAppendix1,furtherdescribesthe Connectivityoptions. 3.5ProvideMotorolawithpre-definedCustomerinformationandpreferencespriortoStartDatenecessary tocompleteCustomerSupportPlan. 3.5.1Casenotificationpreferencesandprocedure 3.5.2RepairVerificationPreferenceandprocedure 3.5.3Databaseandescalationprocedureforms. 3.5.4SubmitchangesinanyinformationsuppliedintheCustomerSupportPlantothe Customer SupportManager. 3.6Providethefollowinginformationwheninitiatingaservicerequest: 3.6.1AssignedSystemIDnumber 3.6.2Problemdescriptionandsitelocation 3.6.2OtherpertinentinformationrequestedbyMotorolatoopenaCase. 3.7NotifytheSystemSupportCenterwhenCustomerperformsanyactivitythatimpactsthe System.(Activity thatimpactstheSystemmayinclude,butisnotlimitedto,installing softwareorhardwareupgrades, performingupgradestothenetwork,ortakingdownpart ofthesystemtoperformmaintenance.) 3.8AllowServicersaccesstoEquipment(includinganyConnectivityormonitoring equipment)ifremoteservice isnotpossible. 3.9AllowServicersaccesstoremoveMotorolaownedmonitoringequipmentuponcancellationofservice. 3.10SupplyInfrastructureorFRU,asapplicable,inorderforMotorolatoRestoretheSystem assetforth inparagraph2.12.2 3.11MaintainandstoreinaneasyaccessiblelocationanyandallSoftwareneededtoRestoretheSystem. 3.12MaintainandstoreinaneasilyaccessiblelocationproperSystembackups. 3.13VerifywiththeSSCthatRestorationiscompleteorSystemisfunctional,ifrequiredby theRepair VerificationPreferenceprovidedbyCustomerinaccordancewithsection3.5. 3.14Payadditionalsupportchargesaboveandbeyondthecontractedserviceagreementsthatmayapplyifit isdeterminedthatSystemfaultswerecausedbytheCustomermakingchangestocriticalSystemparameters 3.15CooperatewithMotorolaandperformallactsthatarereasonableornecessarytoenableMotorolato providetheservicesdescribedinthisSOW. 11 Page 191 of 405 2.12VerifywithCustomerthatRestorationiscompleteorSystemisfunctional,ifrequiredby Customer's repairVerificationpreferencedescribedintheCustomerSupportPlan requiredbysection3.5. IfVerificationbyCustomercannotbecompletedwithin20 minutesofRestoration,theCasewillbeclosed and theServicerwillbereleased. 2.13EscalatetheCasetotheappropriatepartyuponexpirationofaResponsetime. 2.14ClosetheCaseuponreceivingnotificationfromCustomerorServicer,indicatingthe Caseisresolved. 2.15NotifyCustomerofCaseStatus,asdescribedintheCustomerSupportPlanrequiredbe section3.5 at thefollowingCaselevels 2.15.1Openandclosed;or 2.15.2Open,assignedtotheServicer,arrivaloftheServiceronsite,deferredor delayed,closed. 2.16Providethefollowingreports,asapplicable: 2.16.1CaseactivityreportstoCustomer. 2.16.2NetworkMonitoringServicereportsforCustomerSystem(s). 2.16.3NetworkActivity/AvailabilityReportsforASTRO25,SmartZone/OmniLink, and PrivateData Systemsonly. 2.17Respondinaccordancetopre-definedResponsetimesuponreceiptfromCustomerof Customer managedpasswordsrequiredforproperaccesstotheCustomer'sSystem. 2.18Applyadditionalsupportchargesaboveandbeyondthecontractedserviceagreements thatmayapplyifit isdeterminedthatSystemfaultswerecausedbytheCustomermaking changestocriticalSystemparameters. 3.0CustomerResponsibilities: 3.1AllowMotorolaContinuousremoteaccesstoobtainSystemavailabilityandperformance data. 3.2AllowMotorolatoaccessSystemiffirewallhasbeeninstalled;providepermanent/dedicatedaccessfor SNMPtraps(outbound)andZDSpolling(inbound). Alsoprovidecontinuousutilityservicetoany Motorolaequipmentinstalledorutilizedat Customer'spremisestosupportdeliveryoftheService. 3.3Orderandmaintaindedicateddial-upphonelinesfortelephoneserviceforSMARTNET Systemtypes. TheConnectivityMatrixsetforthinAppendix1,furtherdescribesthe Connectivityoptions. 3.4Unlessotherwisespecified,Motorolarecommendsaprivatenetworkconnectionforall otherSystems. TheConnectivityMatrixsetforthinAppendix1,furtherdescribesthe Connectivityoptions. 3.5ProvideMotorolawithpre-definedCustomerinformationandpreferencespriortoStartDatenecessary tocompleteCustomerSupportPlan. 3.5.1Casenotificationpreferencesandprocedure 3.5.2RepairVerificationPreferenceandprocedure 3.5.3Databaseandescalationprocedureforms. 3.5.4SubmitchangesinanyinformationsuppliedintheCustomerSupportPlantothe Customer SupportManager. 3.6Providethefollowinginformationwheninitiatingaservicerequest: 3.6.1AssignedSystemIDnumber 3.6.2Problemdescriptionandsitelocation 3.6.2OtherpertinentinformationrequestedbyMotorolatoopenaCase. 3.7NotifytheSystemSupportCenterwhenCustomerperformsanyactivitythatimpactsthe System.(Activity thatimpactstheSystemmayinclude,butisnotlimitedto,installing softwareorhardwareupgrades, performingupgradestothenetwork,ortakingdownpart ofthesystemtoperformmaintenance.) 3.8AllowServicersaccesstoEquipment(includinganyConnectivityormonitoring equipment)ifremoteservice isnotpossible. 3.9AllowServicersaccesstoremoveMotorolaownedmonitoringequipmentuponcancellationofservice. 3.10SupplyInfrastructureorFRU,asapplicable,inorderforMotorolatoRestoretheSystem assetforth inparagraph2.12.2 3.11MaintainandstoreinaneasyaccessiblelocationanyandallSoftwareneededtoRestoretheSystem. 3.12MaintainandstoreinaneasilyaccessiblelocationproperSystembackups. 3.13VerifywiththeSSCthatRestorationiscompleteorSystemisfunctional,ifrequiredby theRepair VerificationPreferenceprovidedbyCustomerinaccordancewithsection3.5. 3.14Payadditionalsupportchargesaboveandbeyondthecontractedserviceagreementsthatmayapplyifit isdeterminedthatSystemfaultswerecausedbytheCustomermakingchangestocriticalSystemparameters 3.15CooperatewithMotorolaandperformallactsthatarereasonableornecessarytoenableMotorolato providetheservicesdescribedinthisSOW. 12 Page 192 of 405 SeverityDefinitionsTable SeverityLevelProblem Types Severity11. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity21. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity31. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On-SiteResponseTimeTable(Customer'sResponseTimeClassificationisdesignatedintheService Agreement). SeverityLevelPremierRestoralOffDeferral ResponseTime Severity 1 Within 2 hours from receipt of Notification 8 HoursTime provided Continuouslyby Servicer * Severity 2Within 4 hours from receipt of Notification 8 HoursTime provided Standard Business Dayby Servicer * Severity 3Within 24 hours from receipt of Notification 48 HoursTime provided Standard Business Dayby Servicer * ·PleasenotetheseareStandardCommitmenttimes.Thecommitmenttimesshouldbebasedon theCustomersSupportPlan. before ·Provideupdatethespecificcontractualcommitmentscomedue. before *Note:ProvideupdatetoSystemSupportCenterDeferraltimecomesdue. Appendix1 ConnectivityMatrix SystemTypeConnectivityResponsibility Astro25T1Motorola SmartZone/OmniLinkv3.5andbelow256KMotorola SmartZone/OmniLinkv4andabove512KMotorola PrivateData256KMotorola ARC4000T1orVPNMotorola MESHT1orVPNMotorola HarmonyT1Motorola 13 Page 193 of 405 MotoBridgeT1orVPNMotorola SmartNetDial-upCustomer PrivateNetworkConnectionPublicInternetConnection IPVPNIPVPN (AllCustomers)(OptionAvailableonlytoCustomersoutsideof theUS) Standard solution for real time ConnectivityNon Standard solution for Connectivity Dedicated bandwidth configuration provided to No dedicated bandwidth provided to monitor monitor CustomersCustomers Protected from unauthorized intrusionLow risk of unauthorized intrusion Encryption availableEncryption is required Connectivity available through MotorolaCustomer provides Connectivity to the internet via an internet service provider selected by Customer. MotorolaOwned&SuppliedEquipmentTable EquipmentTypeLocationInstalled Firewall/RouterMasterSite SystemSupportServerMasterSiteforeachZone MonitoredElementsTable (Listedbytechnology) SystemTypeEquipment LegalApproval September2010 14 Page 194 of 405 StatementofWork InfrastructureRepair 1.0DescriptionofServices InfrastructureRepairisarepairserviceforMotorolaandselectthirdpartyInfrastructureassetforthinthe applicableattachedExhibit(s),allofwhichareherebyincorporatedintothisStatementofWork(SOW)bythis reference.Customer?sSystemtypedetermineswhichexhibitisapplicable(i.e.SmartZonesystemexhibit, SmartNetsystemexhibit).InfrastructuremayberepaireddowntotheComponentlevel,asapplicable,atthe MotorolaInfrastructureDepotOperations(IDO).AtMotorola?sdiscretion,selectthirdpartyInfrastructuremaybe senttotheoriginalequipmentmanufacturerorthirdpartyvendorforrepair.IfInfrastructureisnolonger supportedbytheoriginalequipmentmanufacturerorthirdpartyvendor,MotorolamayreplaceInfrastructurewith similarInfrastructure,whenpossible. ThetermsandconditionsofthisStatementofWork(SOW)areanintegralpartofMotorola'sServiceTermsand Conditionsorotherapplicableagreementtowhichitisattachedandmadeapartthereofbythisreference. 2.0Motorolahasthefollowingresponsibilities: 2.1ProviderepairreturnauthorizationnumberswhenrequestedbyCustomer. 2.2Receive malfunctioningInfrastructurefromCustomeranddocumentitsarrival, repairandreturn. 2.3Performthefollowingserviceon MotorolaInfrastructure: 2.3.1PerformanoperationalcheckontheInfrastructuretodeterminethe natureoftheproblem. 2.3.2ReplacemalfunctioningFRUorComponents. 2.3.3VerifythatMotorolaInfrastructureisreturnedtoMotorolamanufactured specifications, asapplicable 2.3.4PerformaBoxUnitTestonallservicedInfrastructure. 2.3.5PerformaSystemTestonselectInfrastructure. 2.4ProvidethefollowingserviceonselectthirdpartyInfrastructure: 2.4.1Performpre-diagnosticandrepairservicestoconfirmInfrastructure malfunctionand eliminatesendingInfrastructurewithnotroublefound(NTF)tothirdpartyvendorfor repair,whenapplicable. 2.4.2ShipmalfunctioningInfrastructuretotheoriginalequipment manufacturerorthird partyvendorforrepairservice,whenapplicable. 2.4.3TrackInfrastructuresenttotheoriginalequipmentmanufacturer orthird partyvendor forservice. 2.4.4Performapost-testafterrepairbyMotorola,originalequipment manufacturer,orthird partyvendortoconfirmmalfunctioningInfrastructurehasbeenrepairedand functionsproperlyinaMotorolaSystemconfiguration,whenapplicable. 2.5Re-programrepairedInfrastructuretooriginaloperatingparametersbasedon templatesprovided byCustomerasrequiredbySection3.3. IfCustomertemplateisnotprovidedorisnotreasonably usable,astandarddefault templatewillbeused.IfIDOdeterminesthatthemalfunctioning InfrastructureisduetoaSoftwaredefect,IDOreservestherighttoreloadInfrastructurewitha similarSoftwareversion.EnhancementRelease(s),ifneeded,aresubjecttoadditionalchargestobe paidbyCustomerunlesstheCustomerhasaMotorolaSoftwareSubscriptionagreement. 2.6ProperlypackagerepairedInfrastructure. 2.7ShiprepairedInfrastructuretotheCustomerspecifiedaddressduringnormaloperatinghoursof MondaythroughFriday7:00amto7:00pmCST,excludingholidays.FRUwillbesenttwo-dayair unlessotherwiserequested.SelectthirdpartyFRU.Motorolawillpayforsuchshipping, unlessCustomerrequestsshipmentsoutsideoftheabovementionedstandardbusinesshoursand/ orcarrierprograms,suchasNFO(nextflightout).Insuchcases,Customerwillbesubjectto shippingandhandlingcharges 3.0Customerhasthefollowingresponsibilities: 3.1ContactorinstructServicertocontacttheMotorolaSystemSupportCenter(SSC) andrequesta returnauthorizationnumberpriortoshippingmalfunctioningInfrastructureorthirdparty 15 Page 195 of 405 InfrastructurenamedintheapplicableattachedExhibit. 3.1.1Providemodeldescription,modelnumber,serialnumber,typeofSystem and Firmwareversion,symptomofproblemandaddressofsitelocationforFRUorInfrastructure. 3.1.2IndicateifInfrastructureorthirdpartyInfrastructurebeingsentinfor servicewassubjected tophysicaldamageorlightningdamage. 3.1.3FollowMotorolainstructionsregardinginclusionorremovalofFirmware and SoftwareapplicationsfromInfrastructurebeingsentinforservice. 3.1.4ProvideCustomerpurchaseordernumbertosecurepaymentforanycosts describedherein. 3.2ProperlypackageInfrastructureandshipthemalfunctioningFRU,atCustomer's expenseandriskof losstoMotorola.CustomerisresponsibleforproperlypackagingtheCustomer malfunctioningInfrastructureFRUtoensurethattheshippedInfrastructurearrivesun-damagedand in repairablecondition.Clearlyprintthereturnauthorizationnumberontheoutsideofthepackaging. 3.3MaintaintemplatesofSoftware/applicationsandFirmwareforre-loadingof Infrastructureassetforth inparagraph 3.4ForDigitalIn-CarVideoInfrastructure,removevideofromequipmentpriortosendingInfrastructure inforrepair.VideoretrievalisaseparateserviceandisnotincludedaspartofthisSOW. Additionalservicesandfeeapplies. 3.5 CooperatewithMotorolaandperformallactsthatarereasonableornecessaryto enableMotorola toprovidetheInfrastructureRepairservicestoCustomer. 4.0InadditiontoanyexclusionsnamedinSection5oftheServiceTermsandConditionsorinanyotherunderlying AgreementtowhichthisSOWisattached,thefollowingitemsareexcludedfromInfrastructureRepair. 1.Alloverseven(7)yearsfromproductcancellationdate. Infrastructures 2.AllBroadband/WiNSInfrastructurethree(3)yearsfromproductcancellationdate. 3.PhysicallydamagedInfrastructure. 4.ThirdpartyEquipmentnotshippedbyMotorola. 5.Consumableitemsincluding,butnotlimitedto,batteries,connectors,cables, tone/inkcartridges. 6.VideoretrievalfromDigitalIn-CarVideoequipment. 7.Testequipment. 8.Racks,furnitureandcabinets. 9.Firmwareand/orSoftwareupgrades SmartZone System Inclusions, Exclusions, Exceptions and Notes Infrastructure Exhibit Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Base Station(s) and Repeater(s)Includes: Quantar, Quantro, Digital, MTR2000 ONLY. Central Electronics Bank(s)Includes Logging Recorder, Interface and Network Hub Excludes all other technologies see SOW specifically for NICE logging recorders Channel Bank(s)Includes Premisys and Telco Excludes Siemens Comparator(s)Includes Spectratac, Digitac, and ASTRO-tac Comparators Computer(s)Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II, keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers, defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Console(s)Includes Centracom Gold Elite, MCC7500, MCC5500, MIP5000 as part of complete communication System ? including headset jacks, dual footswitches, and gooseneck microphones. Excludes cables Controller(s) -TrunkingIncludes SmartNet II prime and remote controllers. 16 Page 196 of 405 Excludes SSMT and SCMS controllers. Dictaphones, Logging Excludes all other technologies Recorders and Recording see SOW specifically for NICE logging recorders Equipment Digital Interface Unit(s)Included Digital Signaling Modem(s)Included upon modem model availability Digital Voice Modem(s)Included upon modem model availability Embassy SwitchIncludes AEB, AIMI, ZAMBI, AMB Management TerminalsIncludes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. MBEX(s) or NOVA Included Interconnect Microwave Equipment.Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s)Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention as well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. MoscadIncludes NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. MotobridgeIncluded Network Fault ManagementIncludes Full Vision Excludes NMC Printer(s)Includes printers that directly interface with the communications System. RAS(s)Excludes RAS 1100, 1101 and 1102 Receiver(s)Includes Quantar and MTR2000, ASTRO-TAC Receivers Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s)Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Excludes MFS -Rubidium Standard Network Time and Frequency devices Universal Simulcast Controller Included Interface(s) UPS Systems.Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Zone ManagerExcludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Zone Controller(s)Includes console terminals. Excludes all Sun/IMP hard drives except TLN3495A 0820 1 GB drive as well as the following SUN/IMP CPUSET?s: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. Approved by Contract and Compliance 11/20/09 Motorola, Inc. 1303 E. Algonquin Road, Schaumburg, IL 60196 U.S.A. Version 1.9 1/12/12 17 Page 197 of 405 StatementofWork TechnicalSupportService 1.0DescriptionofServices TheTechnicalSupportserviceprovidescentralizedremotetelephonesupportfortechnicalissuesthatrequireahigh levelofcommunicationssystemsexpertiseortroubleshootingonEquipment.TheMotorolaSystemSupport Center's(SSC)TechnicalSupportOperationisstaffedwithtechnologistswhospecializeinthediagnosisand resolutionofsystemperformanceissues.TechnicalSupportService(i)doesnotincludesoftwareupgradesthatmay berequiredforissueresolution;and(ii)doesnotincludeCustomertraining(iii)isonlyavailableforthosesystem typessupportedandapprovedbyTechnicalSupportOperations,(iv)limitedtoInfrastructurecurrentlysupported byMotorola. ®®® TechnicalSupportisapplicabletothefollowingsystemtypes:ASTRO,ASTRO25,ARC4000,SmartZonev2.0.3 ®®® andhigher,SmartZone/OmniLink,E911,PrivateDatav2.0.3andhigher,SmartNet,ConventionalTwo-Way,and WirelessBroadband. ThetermsandconditionsofthisStatementofWork(SOW)areanintegralpartofMotorola'sServiceTerms andConditionsorotherapplicableAgreementtowhichitisattachedandmadeapartthereofbythisreference. 2.0Motorolahasthefollowingresponsibilities: 2.1.RespondtorequestsforTechnicalSupportfortheRestorationoffailedSystemsand diagnosisof operationproblemsinaccordancewiththeresponsetimessetforthinthe RemoteTechnicalSupport ResponseTimesTableandtheSeverityLeveldefinedinthe SeverityDefinitionsTable. 2.1.1IfInfrastructureisnolongersupportedbyMotorola,TechnicalSupportwilldiagnosistheSystem butmay notbeabletoresolvetheissuewithouttheCustomerreplacingtheInfrastructure. 2.2.Advisecallerofprocedurefordetermininganyadditionalrequirementsforissue characterization, Restoration,includingprovidingaknownfixforissueresolutionwhen available. 2.3. AttemptremoteaccesstoSystemforremotediagnostics,whenpossible. 2.4.MaintaincommunicationwiththeServicerorCustomerinthefielduntilcloseofthe Case,asneeded. 2.5.Coordinatetechnicalresolutionswithagreeduponthirdpartyvendor(s),asneeded. 2.6.Escalateandmanagesupportissues,includingSystemicissues,toMotorolaengineering andproductgroups, asapplicable. 2.7.EscalatetheCasetotheappropriatepartyuponexpirationofaResponsetime. 2.8.ProvideConfigurationChangeSupportandWorkFlowchangestoSystemsthathavedial inorremote accesscapability. 2.9.Determine,initssolediscretion,whenaCaserequiresmorethantheTechnicalSupport servicesdescribed inthisSOWandnotifyCustomerofanalternativecourseofaction. 3.0CustomerhasthefollowingResponsibilities: 3.1.ProvideMotorolawithpre-definedinformationpriortoStartDatenecessarytocomplete Customer SupportPlan. 3.1.1.SubmitchangesinanyinformationsuppliedintheCustomerSupportPlantothe Customer SupportManager. 3.2.ContacttheSSCinordertoaccesstheTechnicalSupportOperation,providenameof caller,nameof Customer,SystemIDnumber,ServiceAgreementnumber,site(s)in questions,andbriefdescription of theproblem. 3.3.Supplyon-sitepresencewhenrequestedbySystemSupportCenter. 3.4.ValidateissueresolutionpriortocloseoftheCase. 3.5.AllowMotorolaremoteaccesstotheSystembyequippingtheSystemwiththenecessary Connectivity. 3.6.RemovevideofromDigitalIn-CarVideoequipmentpriortocontactingMotorola.IfTechnical SupportassiststheCustomerinremovingvideo,theCustomeracknowledges,understandsand agreesthatMotoroladoesnotguaranteeorwarrantthatitwillbeabletoextractanycaptured videoorthatanycapturedvideowillnotbedamaged,lostorcorrupted. 18 Page 198 of 405 3.7 AcknowledgethatCaseswillbehandledinaccordancewiththetimesandprioritiesasdefinedin RemoteTechnicalSupportResponseTimesTableandtheSeverityLeveldefinedintheSeverity DefinitionsTable. 3.8CooperatewithMotorolaandperformallactsthatarereasonableornecessarytoenableMotorola toprovidetheTechnicalSupportservicetoCustomer. SeverityDefinitionsTable x SeverityLevelProblem Types Severity11. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. Severity21. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective Severity31. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. RemoteTechnicalSupportResponseTimesTable SEVERITYRESPONSE Severity1Within1HourfromreceiptofNotification,Continuously Severity2Within4HoursfromreceiptofNotification,StandardBusinessDay Severity3WithinnextBusinessDay,StandardBusinessDay Approved by Legal 11-20-09 19 Page 199 of 405 StatementofWork LocalRadioComboPackage 1.0Description LocalRadioComboPackageprovidesoperationalcheckandboardlevelrepairservicesformobile,portable,two-way andmobiledata. AnoperationalcheckisananalysisoftheEquipmenttoidentifyexternalorinternaldefects.Local RadioComboPackagealsoincludesserviceonstandardpalmmicrophonesandsinglemobilecontrolsheads,provided thattheyarerequiredfornormaloperationofthetwo-waymobileandareincludedatthepointofmanufacture.Service isonlyincludedonEquipmentspecificallynamedintheapplicableAgreementtowhichthisStatementofWorkis attached. LocalRadioComboPackageexcludesrepairsto:optionalaccessories;iDENaccessories;iDENmobilemicrophones; non-standardmobilemicrophones,mobileexternalspeakers;optionaloradditionalcontrolheads,singleandmultiple unitportablechargers;batteries,mobileantennas;mobilepower&antennacablesandpowersupplies. ThefollowingservicesareexcludedfromLocalRadioComboserviceunlesstheyarepurchasedforanadditionalfee. TheservicesarePick-up&delivery,SubscriberPreventativeMaintenance,PortableRemoteSpeakerMicrophones, PortableAntennaReplacementsandMobileRemoteControlHeads. ThetermsandconditionsofthisSOWareanintegralpartofMotorola'sServiceTermsandConditionsorother applicableagreementtowhichitisattachedandmadeapartthereofbythisreference. 2.0Motorolahasthefollowingresponsibilities: 2.1ServicetobeperformedattheServicerfacilityduringStandardBusinessDays. 2.2PerformanoperationalcheckontheEquipmenttodeterminethenatureoftheproblem. 2.3Remove/reinstallmobileordataEquipmentfrom/toCustomer'svehicleasneededfor additionalservicing. 2.4TestandRestoretheEquipmenttoMotorolafactoryspecifications. 2.5Removeanydust,and/orforeignsubstancesfromtheEquipment. 2.6ReprogramEquipmentnecessarytoreturnEquipmenttooriginaloperatingparameters basedonthetemplate intheEquipment,ifthetemplateinformationcanberetrievedfromtheEquipment,orfromabackup disketteprovidedbyCustomercontainingthetemplateinformation.IftheCustomertemplateisnotprovided ornotreasonablyusable,agenerictemplateutilizingthelatestRadioServiceSoftware(RSS)versionfor thatEquipmentwillbeused.TheEquipmentwillrequireadditionalprogrammingbytheCustomerto Restoretheoriginaltemplate. 2.7NotifyCustomeruponcompletionofrepairforpickupofEquipment. 3.0CustomerhasthefollowingResponsibilities: 3.1DeliverandpickupEquipmentto/fromtheServicerfacility. 3.2InformServicerofdescriptionofproblemforEquipmentbroughtinforservice. 3.3IftheEquipmentwillnotpowerup,orifdesired,supplyServicerwithabackupdiskette withthe SoftwaretemplateorprogramminginordertoassistinreturningtheEquipmenttooriginaloperating parameters.Ifapplicable,recordthecurrentflashcodeforeachradio. 3.4IfMotorolamustuseagenerictemplatetorestoreEquipmenttooperatingcondition, Customerisresponsible foranyprogrammingrequiredtoRestoreEquipmenttodesiredparameters. 3.5CooperatewithMotorolaandperformallactsthatarereasonableornecessarytoenable Motorolatoprovide 3.6theLocalRadioComboPackageservicetoCustomer. LocalRadioComboPackage ApprovedbyMotorolaContracts&Compliance04-30-2004 20 Page 200 of 405 SW TATEMENT OF ORK ASTRO25SMA(SMA) OFTWARE AINTENANCE GREEMENT 1.0Description of Service and Obligations 1.1As major system releases become available,Motorola agrees to provide the system ownerwith the software required to execute up to one system infrastructure upgrade in a 12 month period for their ASTRO 25 system. Additionally, if purchased, the Security Update Service (SUS) coverage is defined in Appendix B. 1.2Motorola agrees to provide minor software upgrades, known as “patch releases”, which may include commercial Operating Software (“OS”)and application software patches and service pack updates when and if available. Currently, the parties acknowledge that Motorola’s service includes Microsoft Windows and Server OS, Red Hat Linux, Sun Solaris and any Motorola software service packs that may be available. Motorola agrees to provide only patchreleases that have been analyzed, pre-tested, and certified in a dedicated ASTRO 25 test lab to ensure that they are compatible and do not interfere with the ASTRO 25 network functionality. Corresponding 3rd Party software and operating system patches will be released quarterly upon successful completion of the regular test cycle or at Motorola’s discretion.Once a patchrelease has been validated as safe for deployment onthe radio network, Motorola agrees to post it onaMotorola secure extranet sitefor the Customer to download and deploy. 1.2.1The parties agree that minor software upgrades, and patch release coverage, which include commercial Operating Software (“OS”) and application software patches and service pack updates, will terminate should the customers system release version become more than 5 system release versions form the current shipping release version. 1.3The parties agree that ASTRO 25 system release upgrades are considered “major” upgrades if they include commercial OS and application software updates as well as Motorola system release software. System releases shall be pre-tested and certified in Motorola’s Systems Integration Test lab. ASTRO 25 system releases shall improve the system functionality and operation from previous releases and may include some minor feature enhancements. AtMotorola’s option, systemreleasesmayalso include significant new featureenhancements asoptionalfeatures.The SMA does not include coverage for new optionalfeaturesoftware.Optional featuresmay be offeredfor purchase. 1.4The parties agree that the ASTRO 25 system release upgradesinclude limited security updates issued by Microsoft, Solaris and Red Hat certified with each individual system release. 1.5Motorola agrees that this Agreement entitlesa Customer to past software versions for the purpose of downgrading product software to a compatible release version. 1.6The parties agree that the ASTRO 25 SMA pricing is based on the system configuration outlined in Appendix A. The parties further agree that this configuration is to be reviewed annually on the contract renewal date. Any change in system configuration may require an ASTRO 25 Software Maintenance Agreement price adjustment. 21 Page 201 of 405 1.7The parties agree and acknowledge that the ASTRO 25 SMA appliesonly tosystemrelease upgrades within the ASTRO 25 7.x platform. 1.8Motorola agrees that the following ASTRO 25 system release software for the following products are covered under this Agreement: base stations, site controllers, comparators, routers, LAN switches, servers, dispatch consoles, NICE IP logging recorder, NICE replay stations (Scenario Replay and Inform Lite), network management terminals, Network Fault Management (NFM) products, network security devices such as firewalls and intrusion detection sensors, and associated peripheral infrastructure software. 1.9Product programming software such as Radio Service Software (“RSS”), Configuration Service Software (“CSS”), and Customer Programming Software (“CPS”) are also covered under this Agreement. 1.10The parties agree that the SMA makes available the subscriber radio software releases that are shipping from the factory during the SMA coverage period. The parties further agree that new subscriber radio options and features not previously purchased are excluded from SMA coverage. Additionally, subscriber software installation and reprogramming are excluded from the ASTRO 25 SMA coverage. 1.11Motorola agrees to issue the SMA bulletin on anannual basis and post it in soft copy on a designated extranet site for Customer access. Standard and optional features for a given ASTRO 25 system release are listed in the SMA bulletin. 1.12Coverage Continuity. 1.12.1The parties acknowledge and agree that the ASTRO 25 SMA requires continuous coveragebeginning within (90) days after the expiration of system warranty. Should the Customer delay purchase of an ASTRO 25 SMA beyond (90) days fromsystem warranty expiration or elect to discontinue the ASTRO 25 SMA and later decideto reinstate coverage, additional payment(s) will be necessary to cover the period for which coverage wasdiscontinuedor delayed. The total of payments for lapses in coverage will not exceed 3 years in equivalent ASTRO 25 SMA coverage. 1.13The Customer agrees that theyshall: 1.13.1Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for a system release upgrade. 1.13.2Purchase any hardware and labor needed to implement system release upgrades. 1.13.3Purchase optional system release features or system expansions. 1.13.4Purchase any additional hardware and software needed to implement any optional system release features or system expansions. 1.13.5Provide or purchase labor to implement optional system release features or system expansions. 22 Page 202 of 405 1.13.6Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide software upgrade services. 2.0Exclusions and Limitations 2.1The parties agree that Systems that have non-standard configurations that have not been certified by Motorola Systems Integration Testing are specifically excluded from the ASTRO 25 SMA unless otherwise agreed in writing by Motorola and included in this SOW. 2.2The parties acknowledge and agree that the ASTRO 25 SMA does not cover the following products: NICE Full Inform MCC5500 Dispatch Consoles MIP5000 Dispatch Consoles Plant/E911 Systems MOTOBRIDGE Solutions ARC 4000 Systems Motorola Public Sector Applications Software (PSA) Custom SW, CAD, Records Management Software Data Radio Devices Mobile computing devices such as Laptops Non-Motorola two-way radio subscriber products Genesis Products Point-to-point products such as Microwave terminals and association multiplex equipment 2.3The parties agree that hardware upgrades and/or replacements, as well as pre-planning, design and implementation services required to deploy an ASTRO 25 system release upgrade are not included within the coverage of the ASTRO 25 Software Maintenance Agreement. The parties further agree that implementation services and any hardware upgrades and/or replacements required to support the system release upgrade will be quoted separately for the specific system release upgrade requested by the customer. 2.4The parties agree that the ASTRO 25 system releases include limited security updates issued by Microsoft, Solaris and Red Hat certified with each individual system release. 2.5The parties agree that the ASTRO 25 SMA does not cover software support for virus attacks or other applications that are not part of the ASTRO 25 system, or unauthorized modifications or other misuse of the covered software. Motorola is not responsible for management of anti-virus or other security applications (such as Norton). Anti-virus and/or security application support may be covered under a separate agreement. 2.6The parties agree that upgrades for equipment add-ons or expansions during the term of the contract are not included in the coverage of this SOW unless otherwise agreed to by Motorola. 23 Page 203 of 405 3.0Special provisions 3.1Customer acknowledges that if its System has a Special Product Feature, additional engineering may be required to prevent an installed system release from overwriting the Special Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be incorporated into asystem release and whether additional engineering effort is required. If additional engineering is required Motorola will issue a change order for the change in scope and associated increase in the price for the ASTRO 25 Software Maintenance Agreement. 3.2Customer may use the software (including any System Releases) only in accordance with the applicable Software License Agreement. The SMA Statement of Work is not intended to modify or terminate an existingSoftware License Agreement. The SMA or services rendered by Motorola does not alter Motorola’s software intellectual property rights. 3.3Customer acknowledges that Software Maintenance Agreement services do not include repair or replacement of hardwareor software necessary due todefects that are not corrected by the system release, nor does it include repair or replacement of defects resulting from any nonstandard or improper use or conditions or from unauthorized installation of software. 3.4The parties agree that ASTRO 25 SMAcoverage and the parties’ responsibilities described in this Statement of Work will automatically terminate if Motorola no longer supports the ASTRO 25 7.x software version in the Customer’s system or discontinues the SMA program; in either case, Motorola will refund to Customer any prepaid fees for Software Maintenance services applicable to the terminated period. 3.5Motorola may suspend or terminate the ASTRO 25Software Maintenance Agreementif the following conditions apply: Customer fails to pay Motorola any fees for the ASTRO 25 SMA when due Customer breaches the Software License Agreement or other applicable agreement Customer’s rights to use the software under the Software License Agreement expire or are terminated Customer replaces its Motorola System with a system from another manufacturer 24 Page 204 of 405 4.0WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service (“Warranty Period”). Your sole remedies are to require Motorola to re-perform the affected service or at Motorola's option to refund, on a pro-rata basis, the service fees paid for theaffected service. Product and software documentation that specifiestechnical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as “Documentation.” During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality, and that after incorporation of the recommended remediation action the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the software. Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer’s use of the software or products will be uninterrupted or error-free or that the software or the products will meet Customer’s particular requirements. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TOPRETESTED ANTI- VIRUS DEFINITIONS, DATABASE SECURITY UPDATES,OPERATING SYSTEM SOFTWARE PATCHES, AND INTRUSION DETECTIONSENSOR SIGNATURE FILES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. FURTHER, MOTOROLA DISCLAIMS ANY WARRANTY CONCERNING THE NON-MOTOROLA SOFTWARE ANDDOES NOT GUARANTEE THAT CUSTOMER’S SYSTEM WILL BE ERROR-FREEOR IMMUNE TO VIRUSES OR WORMS AS A RESULT OF THESE SERVICES. 25 Page 205 of 405 Appendix A - System Pricing Configuration This configuration is to be reviewed annually on the contract renewal date. Any change in system configuration may require an ASTRO 25 SMAprice adjustment. 20152016 Core Master Site Configuration00 Zones in Operation (Including DSR and Dark Master Sites)00 Zone Features: IV&D, OTAR, TDMA, Telephone Interconnect, CNI, HPD, ISSI CSMS, IA, POP25, Text Messaging, 00 Outdoor Location, … RF System Voice RF Sites & RF Simulcast Sites00 Repeaters/Stations (FDMA)00 Repeaters/Stations (TDMA)00 HPD RF Sites00 HPD Stations00 Dispatch Console System Dispatch Sites11 Gold Elite Operator Positions00 MCC 7500 Operator Positions (GPIOM)00 MCC 7500 Operator Positions (VPM)55 Conventional Channel Gateways (CCGW)11 Conventional Site Controllers (GCP 8000 Controller)00 Logging System Number of AIS Servers11 Number of Voice Logging Recorder00 Number of Logging Replay Clients00 Network Management and MOSCAD NFM Network Management Clients00 MOSCAD NFM Systems00 MOSCAD NFM RTUs00 MOSCAD NFM Clients00 Fire Station Alerting (FSA) FSA Systems00 FSA RTUs00 FSA Clients00 Subscribers Voice Subscribers non-APX00 Voice Subscribers APX00 HPD Subscribers00 Computing and Networking Hardware (for SUA / SUA II, actual replacement qty may be less than shown) Workstations - High Performance00 Workstations - Mid Performance66 Servers - High Performance00 Servers - Mid Performance00 LAN Switch - High Performance00 LAN Switch - Mid Performance22 Routers33 Training # of onsite, instructor-led, 3-day training sessions00 26 Page 206 of 405 Appendix B – Security Update Service (SUS) Statement of Work 27 Page 207 of 405 28 Page 208 of 405 29 Page 209 of 405 30 Page 210 of 405 31 Page 211 of 405 32 Page 212 of 405 33 Page 213 of 405 34 Page 214 of 405 35 Page 215 of 405 36 Page 216 of 405 37 Page 217 of 405 38 Page 218 of 405 39 Page 219 of 405 40 Page 220 of 405 Page 221 of 405 Page 222 of 405 To: Palm Beach County Purchasing Cooperative Thank you for the opportunity to renew with your purchasing Cooperative. We would like to extend the agreement with passing along the increase that has been experienced in the market place. The past 2 years have seen the lime industry experience an increase in demand. This has caused us to need to reopen an old plant and utilize non-optimal locations to supply lime to the Palm Beach County Cooperative. Several items are negatively affecting the costs in our industry: The cost of raw materials, transportation and people are increasing as the economy recover New or increasing regulatory pressures are impacting businesses in a variety of ways : In many regions of North America lime is in tight supply requiring new plant capacity additions. Increasing governmental permitting requirements for the development of new reserves and plants are more difficult, costly, and take longer New environmental regulations are requiring new investments in baghouses (dust control), air emission controls, waste disposal and other control measures To meet the demand and regulations, Lhoist North America continues to invest substantial capital in order to keep operating efficiencies high and manufacturing costs controlled while providing our customers assurance of supply. We are doing everything possible to improve our business while minimizing the impact of outside cost drivers. That being said, in order to continue to be an effective supplier, we would like to offer an extension of the contract. There is has been an increase in lime manufacturing as seen per the Producer Price Index: Series PCU32741-32741 Lime Manufacturing. This is an index of national lime manufacturing and we feel it is indicative of the increase as a percentage. The index has increased by 3.68% since October of 2012. This equates to an increase of $8.49 per ton based on the initial price of $249.58 per ton. We would like to extend with the Cooperative but would like to offer the extension at $5.77 per ton, or 2.31%. The pricing for the Cooperative was bid in October 2012 for $249.58**; based on a 2.31% total increase the new price will be $255.35** - making the new delivered price $274.34 per ton delivered. **not including the truck freight rate. We really value the business you have entrusted us with and the relationships with all of your locations, we look forward to continuing working with you. Travis L Plains Lhoist North America  Florida Sales Office 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 877-644-9010 Page 223 of 405 Page 224 of 405 Page 225 of 405 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerriere, City Manager THRU: Julie Oldbury, Director of Human Resources and Risk Management FROM: Pam Webb, Risk Administrator DATE: October 1, 2014 SUBJECT: Sylvia and Robert Silberberg v. City of Boynton Beach Date of Loss: February 10, 2013 X Settlement __ Judgment Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 200,000 Expenses: $ 50,000 Demand : Original: $ 300,000/275,000 Final: $ 40,000/40,000 Offer : Original: $ 5,000/5,000 Final: $ 20,000/20,000 SETTLEMENT$ 40,000.00 Total : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ - 0 - IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 100,000 : $ 75,000+ each JUDGMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Plaintiff Counsel: Scott D. Sobol, Ellsley Sobol Incident: On February 10, 2013, while attending the International Kinetic Art Exhibit and Symposium, Sylvia and Robert Silberberg sustained injuries requiring hospital treatment as a result of a fall on the steps of the Civic Center stage. Negotiations were made between our TPA adjuster and Mr. Sobol resulting in a settlement of $20,000 each. This settlement also concludes the Medicare lien that could be placed against both the Silberberg’s and the City. The original demands of settlement were $300,000 for Mrs. Silberberg and $275,000 for Mr. Silberberg. Page 226 of 405 Page 227 of 405 Page 228 of 405 Page 229 of 405 Page 230 of 405 Page 231 of 405 Page 232 of 405 1       15TH            2 502013CA012688XXXXMB ǣ 3 4 YMANNE LAURENT , 5 Plaintiff, 6 AB - BARKDULL vs. 7 CITY OF BOYNTON BEACH , 8 Defendant 9 SETTLEMENT AGREEMENT 10 The parties mediated this case beforeRodney Romanoon 10-17-14 and reached 11 agreement under the following terms which the parties agree are binding and enforceable: 12 Subject to City Commission approval, City of Boynton Beach will pay $40,000.00, 1. 13 payable to plaintiff and plaint in exchange for a 14 `general release of all claims. a. This matter will be placed on the next available regularly scheduled City 15 Commission meeting agenda Plaintiff shall file a dismissal with prejudice within five business days of receiving 2. 16 settlement funds. Plaintiff shall resolve all liens, if any, from the settlement proceeds. 3. 17 Parties shall bear their own fees and costs unless stated otherwise below; 4. 18 electronic signatures shall have the same force and effect as original signatures; the mediator is a scrivener only. 19 Payment shall be tendered within 15 business days after commission approval 5. provided the City has received of an executed release, which shall be provided 20 within five business days from today. City agrees to pay all mediation charges for both sides. 6. 21 22 __________________________ ___________________________ 23 Plaintiff 24 __________________________ ____________________________ 25 For Defendant Defense Counsel 26 SETTLEMENT AGREEMENT - 1 Page 233 of 405 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerriere, City Manager THRU: Julie Oldbury, Director of Human Resources and Risk Management FROM: Pam Webb, Risk Administrator DATE: October 17, 2014 SUBJECT: Ymanne Laurent v. City of Boynton Beach Date of Loss: March 9, 2010 X Settlement __ Judgment Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 75,000 Demand : Original: $ 100,000 Final: $ 60,000 Offer : Original: $ 5,000 Final: $ 40,000 SETTLEMENT$ 40,000 : X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ 15,631.26 IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 60,000 : $ 60,000+ JUDGMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : Plaintiff Counsel K. Brian roller, Esquire, Schwartz & Roller, LLP Incident: On March 9, 2010, while walking in the City Hall lobby to pay her water bill, Ms. Laurent slipped on a mat that was covering water on the floor. She sustained injuries requiring hospital treatment as a result of a fall. Her medical costs are approximately $25,500 and the original demand was for $100,000. Page 234 of 405 Page 235 of 405 Page 236 of 405 Page 237 of 405 Page 238 of 405 Page 239 of 405 Page 240 of 405 Page 241 of 405 INTER-OFFICE CORRESPONDENCE MEMORANDUM NO. 2014-021 TO : Lori LaVerriere, City Manager Mayor Jerry Taylor Members of the City Commission CC: Jeffrey Katz, Chief of Police Tim W. Howard, Director of Financial Services Janet M. Prainto, City Clerk James A. Cherof, City Attorney FROM : Michael D. Cirullo, Assistant City Attorney Shana H. Bridgeman, Assistant City Attorney DATE : October 15, 2014 RE : City of Boynton Beach / Red Light Camera Program th This morning, the Fourth District Court of Appeal (4 DCA) issued a ruling in the matter of City of Hollywood v. Arem, a case challenging a Uniform Traffic Citation (UTC) which was issued pursuant to Floridas red light camera law. This ruling, if it stands up to further review, has the potential to impact th The issue before the 4 DCA was whether a UTC should be dismissed where a private company (ATS the same vendor contracted by the City) performs the initial review of potential violations, and then also th mails the UTCs once authorized by a law enforcement officer. Today, the 4 DCA held that Florida law does not permit such and found that a dismissal of a UTC based upon these arguments should be upheld. The City contracts wit processes. Our office is carefully reviewing this opinion and its effect with advice on how to proceed once we have completed our review of the issues associated with this opinion. In the meantime, should you have any questions, please contact our office. JAC:MDC:SHB {00042115.1 306-9001821 } Page 242 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW 7XEVXYT(SGYQIRXEXMSR Statute # Yes, Will the City use the State Statue? Florida Statute §§ 316.0083, 316.074(1) and 316.075(1)(c)1 No, State statute will be used Will the City reference the Local Passed | Pending Ordinance Ordinance? Has it passed? #  What ATS city code has been ### 185 assigned? County Palm Beach List all Counties and County Numbers? County Number 06  What is the Municipality Name Municipality Name Agency Boynton Beach and Agency Number? Number 34 'SRXEGX-RJSVQEXMSR7XEOILSPHIVW Name Sgt. Richard McNevin Primary Police Department  contact Title Traffic Unit Supervisor Email mcnevinr@bbfl.us Phone # 561-742-6124 Office 561-436-5670 Cell Name Douglas Solomon Technical IT contact for the Police Department Title (561)742-6171 Email solomond@bbfl.us Phone # Name Primary Administrative Hearing Officer contact Title Email Phone# Local Hearing Officer Contact Name Title Email 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 1 &S]RXSR&IEGL*0 Page 243 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Phone# Primary Court contact Name Petriello Title Tony Verrigni Email Gwen Mills Phone#  Clerk Contact Name Title Email Phone#  Technical IT contact for the Name John McNally Court Manager, Information Technology Title Services Email McNallyJ@bbfl.us Phone # Office: 561-742-6070 Fax: 561-742-6092 Name Stephanie Slater City Public Information Officer Contact Title Public Information Officer Email (561)742-6191 Phone # slaters@bbfl.us Has the DMV Services Yes Yes Subscriber Agreement been No filled out (with the NLETS Agency ORI #) and signed? 'EQIVEW(IXIGXMSRERH7MKRW  What is the violation detection PLP WVD type? Loop to Loop Iteris Video WVD  What Violation types will we be Red light Red Light processing? Intersection Speed Fixed Speed 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 2 &S]RXSR&IEGL*0 Page 244 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Mobile Speed Vans RED LIGHT VIOLATION: What images are captured? Backshots 2 back shots, 1 front shot SPEED VAN VIOLATION: 1 back shot, 1 front shot INTERSECTION SPEED CONTROL: 1 back shot, 1 front shot FIXED SPEED:  1 back shot, 1 front shot  Are we capturing video clips Yes Yes-including yellow light phase with all violations? No Optional Fields on the Data Bar Posted Speed Yes/No Posted Speed -No Actual Speed Yes/No Actual Speed Yes Optional Data Bar on video clip? Yes/No Yes ;SVOJPS[(IJMRMXMSRSJE6IH0MKLX:MSPEXMSR  Line of Demarcation definition 1. Behind the Stop line Behind the Stop line (position of 2. Behind the prolongation of front tires in the curb the A-shot) 3. Behind the cross walk 4. Behind whichever line the tires will hit first If front tires are on or slightly 1. Pass to Police Review Pass to Police Review over the line of demarcation. (A- 2. Pass to Police Review as Shot) long as there is a video clip which shows the tires were behind the line when the light turned red 3. Reject  Violation definition straight 1. Back tires of vehicle Vehicle completed through and left crossed the line of intersection demarcation 2. Entire vehicle crosses the 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 3 &S]RXSR&IEGL*0 Page 245 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW (position of vehicle in the B-line of demarcation Shot) 3. Vehicle completed through intersection  Violation definition right hand 1. Vehicle did not come to a turn full complete stop on a right The City of Boynton Beach does not enforce hand turn 2. Vehicle slow-rolled but not have any red light camera intersections exceeded a specific speed posted. If answer is #2, what is the Vehicle is going __ MPH or speed threshold? greater E Are there intersections with no Yes / No No right on red signs posted? FLocations: N/A 1. Pass to Police Review Pass to Police Review LED of traffic control signal is a strobe and the photo shows all 2. Reject lights unlit (but video supports that the light was red) 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 4 &S]RXSR&IEGL*0 Page 246 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW  Traffic control signal uses 1. Pass to Police Review Pass to Police Review Incandescent bulbs and A-shot 2. Reject shows a fading yellow signal after the start of the red phase  For straight through and left turn 1. Yes, if the A-Shot and B-Yes, if the A-Shot and B-Shot Shot provide sufficient provide sufficient evidence of the evidence of the violation violation Can they be enforced if the video clip is missing 2. No (occasionally, a video clip is not available)?  The light is red when the vehicle 1. Pass to Police Review Pass to Police Review passes the violation line but 2. Reject then turns green. ;SVOJPS[(IJMRMXMSRSJE7TIIH:MSPEXMSR Speed Limits Per Location N/A List the posted speed limit at each location  Speed that results in a violation 6 miles over posted N/A 11 miles over posted Other  Yes/No N/A Can they be enforced if the video clip is missing (occasionally, a video clip is not available)?  Will there be different notice -Same as red light but N/A content based on the violation different charge code type? -Separate content for Speed 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 5 &S]RXSR&IEGL*0 Page 247 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW What is the charge code? N/A  What is the charge code that is N/A to be referenced on the Notice? -Time of Day N/A Will the School Zone enforcement be based on times, -Flashers or flashers activated? ;SVOJPS[3XLIV3TIVEXMSREP(IGMWMSRW   Responsible party for Citation 1. Police Department Police Department Issuance 2. Parking Enforcement 3. Other City Official Emergency Vehicles Lights On Reject Includes: Police, Fire & 1. Pass to Police Review Ambulance 2. Reject E Emergency Vehicles Lights Off Pass to Police Department Review Includes: Police, Fire & 1. Pass to Police Review Ambulance 2. Reject 1. Pass to Police Review Pass to Police Review City Government Vehicle of enforcing city 2. Reject  City Government Vehicle of 1. Pass to Police Review Pass to Police Review neighboring city 2. Reject Vehicle make/model returned 1. Pass to Police Review Pass to Police Review from DMV does not match what 2. Reject is visible in the vehicle image ;SVOJPS[4SPMGI6IZMI[  Does the ordinance require Yes / No No additional city prosecutor review after the Police have reviewed each violation? Yes/No No Does the ordinance require a 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 6 &S]RXSR&IEGL*0 Page 248 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW authorization in PD review? Yes / No No Does a PD supervisor wish to re- review violations rejected by the officers reviewing and approving violations (Police Re-review)? ;SVOJPS[-WWYMRKXLI2SXMGI;EVRMRK Is there a statute/ordinance 30 Statute/Ordinance # of days: which defines the # of days  between the violation date and 30 Contract # of days: the issue date? Is there a contract requirement? Out of State: 30 Any exceptions for out of state registrations?  printed Date of Police Accept + 1 on front of notice day [[[:MSPEXMSR-RJSGSQ [[652,1621,702,1662][9][,,][Arial]]   Will the City provide walk-in Yes/No Yes public internet access to those unable to view the video or Public Library images at home? PD 208 S. Seacrest Blvd. Court Boynton Beach, FL 33435 Boynton If yes, who will provide access? Beach, FL 33154  Phone number Phone: 561-742-6390 Hours of operation Hours M Th 9 AM 8:30 PM Sa 9 AM 5 PM Closed Friday and Sunday Is appointment required? Yes No, just walk in No, just walk in.  Image in Upper Left Corner PD badge (Navigation page) City seal 150px (W) by 70px (H) Other 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 7 &S]RXSR&IEGL*0 Page 249 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Banner at top of page City has banner 600px (W) by 70px (H) City would like ATS to create a simple city-name banner Axsis Splash Page Banner ?? PD badge City seal Other  Display Balance? Yes / No Yes Enable Green E-Pay Button? Enable/Disable Yes Link to City? Yes / No No  Link to Affidavit (pdf)? Yes / No Yes, and Post UTC Affidavit Link to Refund Request (pdf)? Yes/No Yes Any other Links? Describe No ;EVRMRK4IVMSH    Will there be a warning period? Yes / No Yes  How long will the warning period ## days 30 Days be? After the initial warning phase, Yes/No No will there be a warning period for future installation phases? ## days N/A If yes, how long will subsequent warning periods be? 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 8 &S]RXSR&IEGL*0 Page 250 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW  Logo - upper left hand corner PD badge City - Seal PD City of Boynton Beach Return Address upper left hand corner Court Intersection Safety Program (place for undeliverable mail) ATS Operations PO Box 22091 Tempe, AZ 85285-2091 Yes/No Yes Will Phone Customer Service be provided during the warning period? ATS Operations 1-866-225-8875 ATS Operations 1-866-790- If yes, who will provide? 4111 PD Who will provide Walk-in Court N/A Customer Service during the PD warning period? Spanish Translation on Warning Yes, include Spanish Translation Yes, include Spanish Translation No, English Only 2SXMGISJ:MSPEXMSRReview the sample Notice layout and mark changes Logo - upper left hand corner PD seal or badge City Return Address upper left PD City of Boynton Beach hand corner Court Intersection Safety Program (place for undeliverable mail) ATS Operations P.O. Box 22091 Tempe, AZ 85285-2091  Is the party willing to enter a Yes / No Yes 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 9 &S]RXSR&IEGL*0 Page 251 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW new address or a note if no new address is available? Are there one or two types of 1. One One First Notices? 2. Two If more than one, define the difference between them What is the First Notice called? Notice of Violation Notice of Violation Citation Notice of Infraction What is the calculation of the Issue Date + 15 days Issue Date + 60 Days Payment Due Date? Issue Date + 30 days Court date based on issue date What is the fine amount for Red $158.00 Light? Does it include a court fee? Florida Statute §§ 316.0083,  What is the charge code and 316.074(1) and 316.075(1)(c)1 charge code that is to be referenced on the Notice?  Is there a separate ordinance or No statute for solid red and red arrow? Yes/No No Does the City require the use of complaint numbers? If yes, please explain Yes / No No Should a sentence be included stating whether Points will be or will not be assessed? (Driver Liability Only) 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 10 &S]RXSR&IEGL*0 Page 252 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW  Is driving school an option in Yes / No No lieu of paying the fine amount? (Driver Liability Only)  What officer signature type will Electronic Signature Electronic Signature be used? Printed Name Yes / No Yes required? ID# What is the badge # called? Is any other signature required Yes / No No on the Notice? Please specify. Backshots Backshots Define Images to be included on the notice (A&B for Red Light / Front shot single backshot for Speed) to be Plateshots included on the Notice? Faceshots Separate data fields on Notice? Speed: Yes/No No [speed] Limit: Yes/No No Yes / No No license number required to No MWWYIE23:? Yes / No Date of birth? (Driver Liability Only)  N/A Are there special requirements for Juveniles? (Driver Liability Only)  No If a court date is printed on the first notice, how is the court date determined? Yes/No Yes Will Phone Customer Service be provided during this time? ATS 1-866-790-4111 ATS 1-866-225-8875 If yes, who will provide service? Police Department If ATS, we provide service 8 AM 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 11 &S]RXSR&IEGL*0 Page 253 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW 5 PM local time. Court 8:00AM to 5:00 PM EST Yes/No Yes Will Walk-in Customer Service be provided? PD Court If so, by whom? PD Are there any special mailing First Class First Class st requirements for the 1 Notice? Bulk Mail Certificate %JJMHEZMXWSJ2SR6IWTSRWMFMPMX] 6IRXEP'EV'SQTERMIW0IEWMRK'SQTERMIW  Which processing group will PD ATS handle Rental Car Company Court and Leasing Company ATS affidavits? Describe the process to be Faxed to ATS Faxed to ATS at 480-990-4819 followed if the rental car Mailed to ATS affidavits are not mailed to the City will handle above processing group Yes / No Yes Does the Affidavit need to be scanned into Axsis? 'EV(IEPIVWLMTW'SVTSVEXMSRW PD ATS Which processing group will handle Car Dealerships & Court - ATS responsibility? Describe the process to be Mail to ATS Faxed to ATS at 480-990-4819 followed if car dealership Fax to ATS affidavits are not mailed to the City will handle above processing group  Does the Affidavit need to be Yes / No Yes scanned into Axsis? -RHMZMHYEPW  Are Affidavits allowed from Yes / No Yes 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 12 &S]RXSR&IEGL*0 Page 254 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Individuals where another driver is identified Which processing group will PD ATS Court non-responsibility? ATS Mail Mail Via what channels can an Affidavit be submitted? Fax Walk-in to PD Hearing at Court Mailed to ATS Faxed to ATS at 480-990-4819 Describe the process to be followed if affidavits are not Faxed to ATS mailed to the above processing City will handle group Is identification of the driver Required Required Optional or Required? Optional Dismiss Dismiss What should be done if driver address is not US, Canada or Mexico? (IWGVMFIER]WTIGMEPTVSGIWWIWXLIGMX][SYPHPMOIMRTPEGIJSVXLIJSPPS[MRKGMVGYQWXERGIW Plate Number / State entered ATS Operations may handle ATS Operations may handle Incorrectly  Part of Funeral Procession Affidavit with letter from Affidavit Funeral Home ATS to Process Request a review Request a hearing Ticket Issued by PD Affidavit with copy of UTC Affidavit with copy of police- issued paid ticket ATS to process Request a review Request a hearing Stolen Vehicle or Plate Affidavit with Police Report Affidavit with Police Report Request a review ATS to process 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 13 &S]RXSR&IEGL*0 Page 255 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Request a hearing DMV Error Request a hearing Affidavit with copy of their vehicle registration Is affidavit required? Request a review Request a hearing Request a review Request a hearing Traffic Control Signal was not in proper position or not sufficiently Request a hearing legible Request a review Affidavit Operator of vehicle was acting in compliance with the lawful Request a hearing ATS to Process order or direction of a police officer  Operator of vehicle was yielding Request a review Affidavit to an approaching emergency Request a hearing ATS to Process vehicle Request a review Request a hearing Vehicle was operating as an emergency vehicle Request a hearing  Hazardous road conditions Request a review Request a hearing existed Request a hearing Vehicle was sold Affidavit with sold receipt Affidavit with sold receipt Request a review Request a hearing  Death Request a review Affidavit - Copy of Death Certificate Request a hearing ATS to Process  Registered Owner is a Business Affidavit Affidavit required for transfer of Owner and is naming an liability Request a review employee Request a hearing ATS to process Yes / No Yes Does the Affidavit need to be Notarized? 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 14 &S]RXSR&IEGL*0 Page 256 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW  Does the Affidavit need to be Yes / No Yes scanned into Axsis? Yes Yes / No Is a dismissal letter mailed to whom ever submitted the affidavit? (List reasons from Affidavit) Summarize ATS Operations Vehicle passed through scope of responsibility with the intersection in order to regard to Affidavits yield right-of-way to an emergency vehicle Vehicle passed through the intersection as a part of a funeral procession Vehicle passed through the intersection at the direction of a law enforcement officer Vehicle was in the care custody or control of another person Vehicle had been stolen A UTC has been issued by a law enforcement officer to the driver of the vehicle for the same violation Death certificate showing the date the death occurred on or before the issuance of the uniform traffic citation  Will Insufficient Info letter be Yes / No Yes issued? Bill of Sale needs sale If so, list the Insufficient date and buyers signature Information Reasons. Bill of sale not provided 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 15 &S]RXSR&IEGL*0 Page 257 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Driver Information missing or incomplete Drivers date of birth missing Drivers full address missing Drivers full name missing Full name and address missing Hearing option available once UTC is issued Incomplete please contact customer service 1-866- 790-4111 No suppporting Documentation Not signed by registered owner Notarized affidavit not provided Notary stamp is missing Paperwork not legible Police report missing Received too late Rental or lease agreement missing Violation did not occur during rental or lease period Immediately  Number of days to retain any 30 Days paper documents (Affidavits, 30 days after scanning and correspondence, etc), mailed linking into ATS Operations from 60 days after scanning and 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 16 &S]RXSR&IEGL*0 Page 258 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW violators, that are electronically linking scanned into Axsis and linked to 90 days after scanning and the appropriate Notice. linking  What is the due date for the Affidavit due date printed on affidavit? notice = FN Issue Date + 60 days Affidavit due date configured on backend = FN Issue Date + 120 days 'SYVX-RXIVJEGISJ2SXMGI-RJSVQEXMSR  Will an electronic interface Yes / No Yes between Axsis and the Court System? Yes / No If yes, will they be utilizing an Yes exitsting interface? Yes / No Yes Does the court want the electronic PDF File of the Notice? Yes / No No Can the court access the ATS FTP site and copy the notices from the FTP site?  If no court interface, will hard Yes/No No copies be sent to the court? If yes, provide the address. Yes / No No Will the court manually enter the Notice payment information? Yes / No No Is ATS Operations required to print and mail copies of the Notices to the Court? Define when the notice to the N/A court is a different notice or a subset of a notice mailed to the violator. 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 17 &S]RXSR&IEGL*0 Page 259 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW  Does ATS need to retain DMV Yes/No No information? (IPMRUYIRX2SXMGIW  Who issues the Second or ATS ATS Delinquent Notice? Court Return Address upper left PD City of Boynton Beach, Florida hand corner Court Violation Processing Center (place for undeliverable mail) ATS Operations PO Box 22091 Tempe, AZ 85285-2091 Customer Service # 1-866-224- 2354  What is the Second Notice Delinquent Notice Florida Uniform Traffic Citation called? (UTC) Delinquent Notice of Violation Notice to Appear Are there any other signature Yes / No Yes, signature of police officer requirements on the Second authorizing issuance of the UTC Notice?  Are backshot images (A&B for Backshots Red Light / single backshot for Speed) to be included on the Second Notice?  N/A If a court date is printed on the Second Notice, how is the court date determined?  Are there any special mailing Yes / No Yes. All must be sent via nd requirements for the 2 Notice? certified mail. Is there a Third Notice? (CN) Yes / No N/A Who issues the Third Notice? ATS N/A Court  What is the Third Notice Called N/A 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 18 &S]RXSR&IEGL*0 Page 260 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW  Are there any other signature Yes / No N/A requirements on the Third Notice? Define Images to be included on Backshots N/A the Third Notice (A&B for Red Front shot Light / single backshot for Plateshots Speed) Faceshots  If a court date is printed on the N/A Third Notice, how is the court date determined?  Are there any special mailing Yes / No N/A requirements for the Third Notice? *MRI7GLIHYPI  Is there progressive Yes/No No enforcement? If yes, please explain  Explain the fine schedule: *MRI%QSYRX-WWYI(EXI(YI(EXI0EXI*II'SYVX*II (Issue Date Ex: SN due date + $158.00 After Police Issue Date +60 N/A $50.00 if hearing cancelled 2SXMGISJ:MSPEXMSR 30) Accept Days 23:  If hearing held up to (Due Date Ex: TN Issue date + $250.00 15) $158.00 N/A 23:6IQMRHIVFN Issue Date FN Issue Date Does Boynton Beach want 2SXMGI+ 35 +60 Days ATS to send a courtesy reminder NOV notice at Day QEMPMRK 35 after issue date -- YES HSGYQIRX  $_____ FN Due Date + SN Issue Date 9RMJSVQ8VEJJMG 'MXEXMSR 98' 25 Days +30 Days 'SPPIGXMSRW  Will the City utilize ATS Pre Pre Collections N/A Collections and Collection Collections Services? Both Name N/A Primary collections contact at City Title 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 19 &S]RXSR&IEGL*0 Page 261 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Phone Number Email Address Yes N/A Are ATS Collection Services negotiated in the original No, an Amendment will be contract? needed Yes, copy attached N/A Has an Amendment to the original contract been No negotiated and signed? Linebarger N/A What Collection Company will be used? Alliance One Purdue Brandon  Will you enforce the Collection Enforce N/A of Late Fees or can they be Waive if received without waived if payment is received without them? Yes, in the amount of $ N/A Is there a collection fee allowed by State Statute? No If yes, how much? If partial payment was received,  N/A what is the amount due cut-off to be eligible for collections? Do we allow hearings after Yes/No N/A violation is sent to collections? (Linebarger only) Do we turn Skip Trace on?  Yes/No N/A Do we allow transfer of liability  Yes/No N/A after violation is sent to collections? (Linebarger and Purdue only) After the violation goes to  N/A collections, do we allow 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 20 &S]RXSR&IEGL*0 Page 262 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW administrative dismissals?  Will a Process Service be Yes / No N/A utilized?  If Yes, describe the process. N/A 'SPPIGXMSR2SXMGIW N/A Describe Pre Collection and Unpaid Civil Penalty issued Collection Notices & Process SN DD + 5 days; DD + 15 days Final Unpaid Civil Penalty issued UCP DD + 5 days; DD + 15 days Notice to Collect Final Unpaid Civil Penalty issued DD + 5 days; DD + 15 days Final Notice to Collect Notice to Collect DD + 5 days; DD + 15 days 'SPPIGXMSR)RJSVGIQIRX4VSGIHYVIW Will a Boot & Tow be utilized? No N/A Yes, After First Collection Notice Due Date Yes, After Second Collection Notice Due Date ATS N/A Who will initialize the Boot & Tow process? PD  Is there paperwork that needs to Yes / No N/A be filled out and submitted to the PD to initiate the Boot & 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 21 &S]RXSR&IEGL*0 Page 263 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Tow process?  N/A Describe the Boot & Tow Process. No N/A Will a DMV Hold / Release be utilized? Yes, After First Collection Notice Due Date Yes, After Second Collection Notice Due Date ATS N/A Who will Initialize the DMV Hold/Release? PD Court  Is there paperwork that needs to Yes / No N/A be filled out and submitted to the DMV to initiate the process?  Describe the DMV Hold/Release N/A Process. 4E]QIRX4VSGIWWMRK  Will the city be using ATS to Yes / No Yes manage payments? Please explain  Who is the Finance Contact Name Sue Maroney (please include all required Title Revenue Manager information from the list)? Phone Number (561) 742-6318 Email Address moroneys@bbfl.us  What forms of payment are Cash Mailed Web Walk-in  accepted?  Money Orders MO GSRZIRMIRGIJII N/A Visa Certified Checks Checks Mastercard Personal Checks Cash Discover  Visa MasterCard Moneygram 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 22 &S]RXSR&IEGL*0 Page 264 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW E Our normal convenience fee for Yes Yes online payments is $4.00. Does No the client agree to allow us to If No, please explain charge this fee in return for the convenience and setup of online payments?  Returned Check Fee Amount $25 N/A $30 Other rd Yes/No N/A Is a 3 party used for returned check collection for walk-in payments? (FL ONLY) 1EMPIH4E]QIRXW What address will QEMPIH go to? ATS City of Boynton Beach Enter full address. Court Payment Processing Center PO Box 742527 Cincinnati, OH 45274-2527  If not ATS, will payments be Yes / No N/A manually entered into Axsis?  Will the standard payment Yes / No Yes coupon be utilized? ;IF4E]QIRXW Who will handle [IF payments? ATS ATS Court Other  If not ATS, will payments be Yes / No N/A manually entered into Axsis? ;EPOMR4E]QIRXW  What is the full address for The City will accept walk-in [EPOMR payments? payments from SRP]ZMSPEXSVW [LSLEZIVIUYIWXIHSV 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 23 &S]RXSR&IEGL*0 Page 265 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW EXXIRHIHEPSGEPLIEVMRK. All other payments must be mailed and processed pursuant to the procedures in place prior to July 1, 2013 Will payments be manually Yes / No City of Boynton Beach Red Light entered into Axsis? Camera Clerk (to be hired) 6IJYRHW  Review the Refund Request Yes / No Yes Form; is this sufficient? City of Boynton Beach Finance  What is the full address for P.O. Box 310 refund requests? Boynton Beach, FL 33425 %HQMRMWXVEXMZI6IZMI[W   Describe the process the city Violator mails signed hearing would like in place for request coupon or form to Administrative Reviews & address on front of coupon. Hearings Lockbox will schedule a hearing based on the hearing information provided in section 20.6  Do you want ATS Operations to Yes / No N/A schedule hearings over the phone?  Can a hearing be rescheduled? Yes Yes, written requests for re- schedule of hearings must be received by the Red Light Camera Clerk to the local hearing officer at least 5 days before their initial hearing date. Violators are permitted 1 hearing reschedule. Dates City is Closed Every Friday of the week 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 24 &S]RXSR&IEGL*0 Page 266 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Martin L. King Jr. Day Martin L. King Jr. Day Memorial Day Independence Day Memorial Day Labor Day Independence Day Columbus Day Labor Day Columbus Day Thanksgiving Day Day after Thanksgiving Thanksgiving Day Christmas Eve Day Day after Thanksgiving Christmas Day Christmas Eve Day Christmas Day Define the 6IZMI[ Setup Notification Letter? N/A 2S6IZMI[WMR%\WMW If yes, Denial Letter for late requests? Location N/A Days of Week N/A Hours of Day N/A Time slot length N/A Max # per time slot N/A How far out should reviews N/A be scheduled? Reviewers names (please N/A list) Dispositions N/A Fine Reduction? N/A Court Costs Added? N/A 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 25 &S]RXSR&IEGL*0 Page 267 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Is it variable or fixed? Can Court Costs Waived? N/A Auto mailed option? N/A Printed locally option? N/A How long do they have to N/A pay? Is it a variable due date? Y/ N N/A Define any automated N/A process Define the ,IEVMRK Setup Yes Notification Letter?  If yes, Denial Letter for late Yes requests? Location City of Boynton Beach City Hall Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Days of Week 5/8/14 6/12/14 7/10/14 8/14/14 9/11/14 10/9/14 11/13/14 12/11/14 Hours of Day 9:00 AM Time slot length 1 Max # per time slot 30 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 26 &S]RXSR&IEGL*0 Page 268 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW How far out should hearings 20 days be scheduled? James D. Stokes Reviewers names Ankur R. Sevak Dispositions Upheld Dismissed Rescheduled Automatic FTA? Y/N N How many days? N/A N/A Define FTA NOD N/A What is court cost? $85.00 Is it variable or fixed? Can Court Costs Waived? No Auto mailed option? Yes Printed locally option? No 30 Days after Disposition entered How long do they have to pay? Is it a variable due date?Y/ N Variable Upheld Dismissed Define any automated process mailed when the disposition is clicked. Define the%TTIEP Setup How does a violator request Contact Civil court and request an appeal. an appeal? 2S%TTIEPWMR%\WMW Notification Letter? N/A If yes, Denial Letter? 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 27 &S]RXSR&IEGL*0 Page 269 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Location N/A Days of Week M-F Hours of Day 9:00AM Time slot length 999 Max # per time slot 9999 Reviewers names N/A Dispositions N/A Fine Reduction? N/A Court Costs Added? N/A Is it variable or fixed? Court Costs Waived? N/A Auto mailed option? N/A Printed locally option? N/A How long do they have to N/A pay? Is it a variable due date? Y/ N N/A Define any automated N/A process (MWQMWWEP*YRGXMSR[MXLMR%\WMWSYXWMHISJXLI,IEVMRKW  DMV Error What reasons is a dismissal Issued in Error entered? Other (List) Plate Identified Incorrectly Funeral Procession Stolen Vehicle/Plate DMV Error Yielding to Emergency 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 28 &S]RXSR&IEGL*0 Page 270 of 405 Red Light & Speed Camera - Business Rules Questionnaire (BRQ)City: Boynton Beach, FL AM: Juan del CerroCSA: Sandy Mickey (EXISJ'LERKI 5YIWXMSRW'SRHMXMSRW%RW[IVW Vehicle Police Ticket Issued No Violation False Trigger Administrative Decision  Does the Dismissal letter get Yes / No Yes sent to the violator? )ZMHIRGI4EGOEKI  City of Boynton Beach  What full address is printed at 100 E. Boynton Beach Blvd. the top of each Report? Boynton Beach, FL 33425 +IRIVEP-RZSMGMRK Gwen Mills Name To whom at the City should the Police Department invoice be sent (please supply Title all required information listed to City of Boynton Beach Full Address the right)? 100 E Boynton Beach Blvd Phone Number Boynton Beach, FL 33425 Email Address millsg@bbfl.us IT Notes: 2012 American Traffic Solutions, Inc. Proprietary and Confidential v1.8 BRQ v12.0 - Page 29 &S]RXSR&IEGL*0 Page 271 of 405 Page 272 of 405 Page 273 of 405 Page 274 of 405 Page 275 of 405 Page 276 of 405 Page 277 of 405 Page 278 of 405 Page 279 of 405 Page 280 of 405 Page 281 of 405 Page 282 of 405 Page 283 of 405 Page 284 of 405 Page 285 of 405 Page 286 of 405 Page 287 of 405 Page 288 of 405 Page 289 of 405 Page 290 of 405 Page 291 of 405 Page 292 of 405 Page 293 of 405 Page 294 of 405 Page 295 of 405 Page 296 of 405 Page 297 of 405 Page 298 of 405 Page 299 of 405 Page 300 of 405 Page 301 of 405 Page 302 of 405 Page 303 of 405 Page 304 of 405 Page 305 of 405 Page 306 of 405 Page 307 of 405 Page 308 of 405 Page 309 of 405 Page 310 of 405 Page 311 of 405 Page 312 of 405 Page 313 of 405 Page 314 of 405 Page 315 of 405 Page 316 of 405 Page 317 of 405 Page 318 of 405 Page 319 of 405 Page 320 of 405 Page 321 of 405 Page 322 of 405 Page 323 of 405 Page 324 of 405 Page 325 of 405 Page 326 of 405 Page 327 of 405 Page 328 of 405 Page 329 of 405 Page 330 of 405 Page 331 of 405 Page 332 of 405 Page 333 of 405 Page 334 of 405 Page 335 of 405 Page 336 of 405 Page 337 of 405 Page 338 of 405 Page 339 of 405 Page 340 of 405 Page 341 of 405 Page 342 of 405 Page 343 of 405 Page 344 of 405 Page 345 of 405 Page 346 of 405 Page 347 of 405 Page 348 of 405 Page 349 of 405 Page 350 of 405 Page 351 of 405 Page 352 of 405 Page 353 of 405 Page 354 of 405 Page 355 of 405 Page 356 of 405 Page 357 of 405 Page 358 of 405 Page 359 of 405 Page 360 of 405 Page 361 of 405 Page 362 of 405 Page 363 of 405 Page 364 of 405 Page 365 of 405 Page 366 of 405 Page 367 of 405 Page 368 of 405 Page 369 of 405 Page 370 of 405 Page 371 of 405 Page 372 of 405 EXHIBIT "A" - SITE LOCATION MAP High Ridge (REZN 14-002) SITE (Imagine Charter School) REC R-2 PUD SITE PUD PID R-1AA 5 037.575150225300 Feet M1 Page 373 of 405 Page 374 of 405 Page 375 of 405 Page 376 of 405 Page 377 of 405 Page 378 of 405 Page 379 of 405 Page 380 of 405 Page 381 of 405 EXHIBIT "A" - SITE LOCATION MAP High Ridge (MSPM 14-002) Imagine Charter School R-2 REC PUD PUD PID SITE R-1AA 5 037.575150225300 Feet M-1 Page 382 of 405 Page 383 of 405 Page 384 of 405 2 1%6/()7'6-48-32(%8) *6328 6)%6)0):%8-327 7'%0)!   )EWX[MRH (IZIPSTQIRX00' 4+%&SYPIZEVH 7YMXI 4EPQ&IEGL+EVHIRW *0 7-())0):%8-327 7'%0)!    .3&291&)6 7'%0)%7238)(  -779)(%8) 463.)'8(%8) &-((%8) (6%;2&= 1; ',)'/)(&= %6',-8)'896) &9-0(-2+8=4)- (-7'-40-2) )0):%8-327 40%28=4) %'- 7,))8 291&)6 Page 385 of 405 Page 386 of 405 Page 387 of 405 Page 388 of 405 Page 389 of 405 Page 390 of 405 Page 391 of 405 Page 392 of 405 Page 393 of 405 Page 394 of 405 Page 395 of 405 Page 396 of 405 Page 397 of 405 Page 398 of 405 Page 399 of 405 Page 400 of 405 Page 401 of 405 Page 402 of 405 Page 403 of 405 Page 404 of 405 Page 405 of 405