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Agenda 07-07-20
The C ity of Boynton Beach City Com m i ssion Agenda Tuesday, July 7, 2020, 5:30 PM G oToWeb in ar O nlin e Meetin g Boynton Beach City Commission M ayor S teven B . Grant (A t Large) Vice M ayo r Ty P enserga (D istrict I V ) C ommissio ner Justin K atz (D istrict I) C ommissio ner Woo dro w L. Hay (District I I) C ommissio ner C hristina L. R omelus (D istrict I I I) Lori LaVerriere, City M anager James Chero f , City A ttorney C rystal Gibso n, City C lerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boy nton-beach.org Page 1 of 1203 W elcome Thank you for attending the C ity Commission Meeting Gener al Rules & Procedures for P ublic Participation at City of B oynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which deter mines the or der of business conducted at the meeting. The City C ommission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a major ity of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to disc uss individually and which are voted on as a group. Regular Agenda Items: These are items whic h the C ommission will discuss individually in the order listed on the agenda. Voice Vote: A voic e vote by the Commission indicates approval of the agenda item. This c an be by either a regular voice vote with "Ayes & Nays" or by a roll c all vote. Speaking at Commission Meetings: The public is encouraged to offer c omment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as suc h, the Commission retains the right to impose time limits on the disc ussion on an issue. Public Hear ings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard c oncerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any offic ial agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exc eption of Consent A genda I tems that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Due to the C OV I D -19 public health emergency and in acc ordance with Governor DeSantis's Emergency Orders, the City of Boy nton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The C ity of Boynton Beach enc ourages interested parties to attend and participate in public meetings via c ommunic ations media technology online. To view and/or participate in the City Commission meeting y ou have the following options: 1. Watch the meeting online, but not par ticipate: You may watc h the meeting via the GoToWebinar platform. Visit the City's website at www.boy nton-beach.org to acc ess the up-to-date link to the meeting. 2. Watch the meeting online and pr ovide public comment prior to the meeting: You may watc h the meeting as listed above and provide written comments by emailing city manager@bbfl.us by Noon on J uly 7, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please inc lude y our full name and the spec ific agenda item Page 2 of 1203 number(s) for y our c omments. Comments received by the deadline will be read into the rec ord. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and pr ovide public comment during the meeting: To request to speak during the meeting, you c an electronic ally "raise your hand" or type a question using the GoToW ebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please c ontac t C rystal Gibson, City Clerk, at cityc lerk@bbfl.us or (561) 742-6061. Page 3 of 1203 1.O penings A.Call to Order - May or Steven B. Grant I nvoc ation by Reverend J ack Copas, B oy nton Beach Congregational Unity C hurch P ledge of Allegiance to the Flag led by Mayor Steven B. Grant Roll Call A genda Approval: 1. Additions, Deletions, Correc tions 2. Adoption 2.O ther A.I nformational items by Members of the City C ommission 3.Announcements, C ommunity And Special Events And Presentations A.A nnounc e F Y 20/21 Budget W orkshops dates and times. Due to increase in Covid-19 cases, staff is recommending the workshops be held via Go To W ebinar vs in person. Monday J uly 13, 2020: 5:00 p.m. Tuesday, J uly 14, 2020: 10:00 a.m. W ednesday, J uly 15, 2020: 2:00 p.m. B.P roc laim the month of J uly 2020 as Parks & Recreation Month. Kacy Young, Recreation and P arks Assistant Director, will ac cept the proc lamation. C.Debbie Majors, Grants and A D A Coordinator, will give a brief presentation on the City's I nclusion W orks Program. D.A nnounc ement of quarterly update regarding the City's C ensus marketing efforts by Laura Lansburgh, Marketing Manager. 4.Public Audience Individual Speakers W ill Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City C ommission) 5.Administrative A.A ppoint Voting Delegate for Florida League of C ities Annual Conferenc e on August 14, 2020. B.A ppoint eligible members of the c ommunity to serve in vacant positions on City advisory boards. 6.C O N S E N T AG E N D A Matter s in this section of the Agenda ar e proposed and recommended by the C ity Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public R ecord and subject to staff comments A.P roposed Resolution No. R20-060 - Approve the request from New C ingular W ireless P C S, LLC (formerly Bellsouth Mobility I nc.), Lessee to amend the lease agreement for the 150 foot telec ommunic ations tower at 300 East W oolbright Road (City’s Little League Field site). Page 4 of 1203 B.P roposed Resolution No. R 20-061 - Approve an update to the Building Division's Fee Schedule associated with development review ac tivities in the Building Division. C.Motion to approve the vehic les/equipment submitted by Fleet Maintenanc e Division for disposal using various means suc h as J J K ane on-line auction and GovDeals.c om. D.P roposed Resolution N o. R20-062 - A uthorize the City Manager to sign an Agreement with Florida Technic al Consultants, LLC. of Boynton Beach, FL as a result of RF Q No.007-2821- 20/TP for Geographic I nformation Services (GI S) Engineering Servic es to be executed based on individual task orders in compliance with the C ity’s purchasing policies and proc edures. E.A cc ept the written report to the Commission for purchases over $10,000 for the month of May 2020. F.City Staff recommends approval of rent abatement for Ultimate Bakery & Pastry for operation of conc essions at Turtle Café at Oc eanfront Park for Marc h, April and May 2020, during which time Turtle C afé was not operational as Oc eanfront Park was closed due to C OV I D -19. G.City Staff recommends approval of rent abatement for Ultimate Bakery & Pastry for operation of the c oncession at The Links at Boynton B each Golf Course (The Links) for Marc h and April, during whic h time The Links was closed due to C OV I D-19. H.P roposed Resolution No. R20-063 - Authorize the City Manager to sign an equipment purchase and one year subscription agreement and addendum with Granic us in the amount of $16,302.00 for streaming and live voting servic es in the new C ity Hall Commission Chambers. I .A pprove the rec ommendation of the Evaluation Committee and authorize staff to conduc t negotiations with the first ranked firm, A B M I ndustries, I nc. and establish a contract in ac cordanc e with the Request for Qualifications (RFQ) No. 009-2511-20/RW for Town Square / City Facilities Maintenance Services. At the c ompletion of the negotiations, the C ontrac t will be brought back to the Commission for approval. J .A pprove minutes from the City Commission meeting on J une 16, 2020. 7.C O N S E N T B ID S AN D P U R C H AS E S O V ER $100,000 A.P roposed R esolution No. R 20-064 - A pprove and authorize the C ity Manager to sign A mendment No. 3 to the D eveloper's Agreement with Knuckles, L L C in the amount of $18,935.18 for the c onstruc tion of sanitary sewer and lift station wet well improvements for the Tac o Bell project loc ated at 2319 Federal Highway. Upon approval of Amendment No. 3, the revised projec t amount will be $188,897.18. B.A pprove the one-year extension for RF Ps/Bids and/or piggybac ks for the proc urement of services and/or commodities as described in the written report for J uly 7, 2020 - "Request for E xtensions and/or Piggybacks Over $100,000." 8.Public H earing 6 p.m. or as soon thereafter as the agenda permits. The C ity Commission will conduct these public hearings in its dual capacity as Local Planning Agency and C ity Commission. A.P roposed Ordinance No. 20-017 - S econd Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Article I I I . Zoning Districts and Overlays, Sections 1.B. and 2.E., to set a consistent maximum building height for all Single-Family, and Single and Two-Family residential zoning distric ts. P roposed O rdinance N o. 20-018 - Second Reading - A pprove amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Article I I I . Zoning Distric ts and Overlay s, Sec tion 1.B. and Sections 2.C and 2.E., to modify development Page 5 of 1203 standards for selected non-conforming lots. P roposed Ordinance No. 20-019 - S econd Reading - Approve amendments to the L A ND D E V E L OPMENT RE GUL ATI ONS (C D RV 20-002), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to revise the loc ational criteria and regulations for A utomobile Rental. P roposed Ordinance No. 20-020 - Second R eading - A pprove amendments to the L A ND D E V E L OPMENT RE GUL ATI ONS (C D RV 20-002), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Sec tion 3.D. Use Matrix, to allow Professional & Technic al Schools in I ndustrial (I ) pods within Quantum Park. P roposed Ordinance No. 20-021 - S econd Reading - Approve amendments to the L A ND D E V E L OPMENT RE GUL ATI ONS (C D RV 20-002), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to allow Self-Service Storage in the C -4 zoning district. P roposed Ordinance No. 20-022 - S econd Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle V. S upplemental Regulations, Section 3.D. Swimming Pools and S pas, amending locational criteria. P roposed Ordinance No. 20-023 - S econd Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle V. S upplemental Regulations, to add Section 3.AA, I n-ground Storm Shelters. B.P roposed Or dinance N o. 20-024 - Second Reading - Approve amending City C ode of Ordinanc es Section 16-60, Article 2, Establishing hours of use at Harvey E. Oyer, J r. P ark to provide Community Standards with the ability to enforce parking regulations. C.P roposed O rdinance No. 20- 025 - Second R eading - Approving request for abandonment of easements associated with the Riverwalk Plaza redevelopment projec t, loc ated at 1532 S. Federal Highway. Applicant: Soraya Conserve, Fly nn Engineering Services, P.A. 9.City Manager ’s R eport A.Financial I mpac t March through J une from the C OV I D-19 pandemic emergency. B.A presentation of F Y20-21 Strategic Plan initiatives by Trina P ulliam of Trainnovations. C.A presentation of a Rac ial and Soc ial Equity Framework by D avid Scott, Direc tor of Economic Development and Strategy, City of Boynton Beac h. 10.Unfinished Business - None 11.New B usiness A.A pprove reduction of a Performance Bond No S U40078 by the amount of $284,348.02 from $407,577.50 to $123,229.48 for the completion of the earthwork and the paving, grading, and drainage improvements in assoc iation with the Casa Del Mar projec t. B.P roposed Resolution No. R 20-065 - Authorize the City Manager to procure from Motorola S olutions C ompany their PremierOne C loud hosted Computer A ided D ispatch (C A D), Rec ords Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services, as described in their proposal, for a cost of $2,094,366.50. 12.Legal A.Quantum Park Overly Dependent D istrict audit report. B.P roposed Ordinance No. 20-027 - First Reading - Approving amendments to the L A ND D E V E L OPMENT RE GUL ATI ONS (C D RV 20-003), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D, Use Matrix, Note #34, updating the Home Occ upation provisions, in Page 6 of 1203 part, to allow one non-resident to assist with operating the home-based business. 13.Future Agenda Items A.P rovide update on potential sale of the Nichol's property to Pulte Homes - July 21, 2020 B.P resentation of updated Use of Forc e Policy by Police Chief Mic hael Gregory - July 21, 2020 C.A pproval of the Master Plan Modification for the Boynton Beach Mall - T B D D.May or Grant has requested a discussion on Lake Park's Ac cessory Dwelling Unit Ordinance - T B D 14.Adjour nment Notice If a pers on decides to appeal to any decis ion made by the City Commis s ion with res pect to any matter cons idered at this meeting, He/She will need a record of the proceedings and, for s uch purpos e, He/She may need to ens ure that a verbatim record of the proceedings is made, which record includes the tes timony and evidence upon which the appeal is to be bas ed. (F.S. 286.0105) The city s hall furnis h appropriate auxiliary aids and s ervices where neces s ary to afford an individual with a dis ability an equal opportunity to participate in and enjoy the benefits of a s ervice, program, or activity conducted by the city. Pleas e contact the City Clerk's office, (561) 742- 6060 or (TTY) 1-800-955-8771, at leas t 48 hours prior to the program or activity in order for the city to reas onably accommodate your reques t. Additional agenda items may be added s ubsequent to the publication of the agenda on the city's web s ite. Information regarding items added to the agenda after it is publis hed on the city's web s ite can be obtained from the office of the City Clerk. Page 7 of 1203 1.A. OP E NI NG I TE MS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Call to Order - Mayor Steven B. Grant I nvoc ation by Reverend J ack Copas, Boynton Beac h Congregational Unity Churc h Pledge of Allegianc e to the Flag led by Mayor S teven B. Grant Roll Call Agenda Approval: 1. Additions, Deletions, Correc tions 2. Adoption Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? No G rant Amount: Page 8 of 1203 2.A. OTHE R 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: I nformational items by Members of the C ity Commission Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 9 of 1203 3.A. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Announce FY 20/21 Budget W orkshops dates and times. D ue to increase in Covid-19 c ases, staff is rec ommending the workshops be held via Go To W ebinar vs in person. Monday J uly 13, 2020: 5:00 p.m. Tuesday, J uly 14, 2020: 10:00 a.m. W ednesday, J uly 15, 2020: 2:00 p.m. Explanation of R equest: Our F Y 2020/2021 Budget process is underway. B udget workshops are sc heduled to be held J uly 13-15, 2020 via Go To W ebinar. Monday J uly 13, 2020: 5:00 p.m. Tuesday, J uly 14, 2020: 10:00 a.m. W ednesday, J uly 15, 2020: 2:00 p.m. The Commission adopts a Preliminary Fire A ssessment Resolution and Tentative Millage Rate Resolution at these workshops. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No G rant Amount: Page 10 of 1203 Page 11 of 1203 3.B. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proc laim the month of J uly 2020 as P arks & Recreation Month. Kacy Young, Recreation and Parks Assistant Director, will acc ept the proclamation. Explanation of R equest: J uly is National Parks & Recreation Month. I t is a great time to enjoy many of the popular activities that are organized by the Recreation & Parks Department. The U.S. House of Representatives has designated J uly as Parks and Rec reation Month. By making this proc lamation in Boy nton Beac h, all c itizens will be encouraged to c elebrate by participating in their choic e of fun activities and enjoy the benefits derived from quality public recreation. How will this affect city programs or services? The Proclamation will help promote Parks and Recreation in our community. Fiscal Impact: None. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Proclamation Proclamation-P arks and Rec reation Month Page 12 of 1203 Proclamation WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of Boynton Beach, and our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of the City of Boynton Beach; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation areas are fundamental to the environmental well-being of the City and parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and the City of Boynton Beach recognizes the benefits derived from parks and recreation resources. The U.S. House of Representatives has designated July as Parks and Recreation Month. NOW THEREFORE, I Steven B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim and extend greeting and best wishes to all observing July Two Thousand Twenty as: PARKS AND RECREATION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 7th day of July Two Thousand Twenty. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Page 13 of 1203 3.C. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Debbie Majors, Grants and A D A Coordinator, will give a brief presentation on the C ity's I nclusion W orks P rogram. Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 14 of 1203 3.D. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Announcement of quarterly update regarding the City 's C ensus marketing efforts by Laura Lansburgh, Marketing Manager. Explanation of R equest: Laura Lansburgh, Marketing Manager, will update and inform the Commission about the City's Census outreach efforts over the past quarter. How will this affect city programs or services? Every decade, the U.S. Census Bureau counts America’s population and uses the data to distribute $675 billion of federal funding to states and communities each year. Palm Beach County estimates that, for every individual counted in the 2020 Census, the City will receive $1,600 per person per year in city services over a ten year period. Fiscal Impact: Budgeted 2020 Census promotional expenses are included in the F Y19-20 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: Page 15 of 1203 5.A. A D MI NI S TRATI V E 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Appoint Voting D elegate for Florida League of Cities Annual Conference on August 14, 2020. Explanation of R equest: The annual Florida League of C ities conference will c onsist of the required business meetings on August 14, 2020. The meetings will be conduc ted in-person in Orlando, with remote ac cess for those who do not wish to travel. E ac h year the C ity Commission appoints a delegate to vote on behalf of the City of Boy nton Beach at the annual meeting. See attached request. How will this affect city programs or services? N/A Fiscal Impact: Budgeted N/A Alternatives: D o not appoint a voting delegate. Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Memo 2020 F LC Voting D elegate Memo Page 16 of 1203 Page 17 of 1203 Page 18 of 1203 5.B. A D MI NI S TRATI V E 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of R equest: The attached list contains the names of those who have applied for vac ancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacanc y. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effec tively as possible. Fiscal Impact: Non-budgeted Alternatives: A llow vac ancies to remain unfilled. Strategic Plan: B uilding W ealth in the Community Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No G rant Amount: AT TAC H ME N TS : Type Desc ription Attachment Appointments and Applicants for 07-07-2020 Attachment Mondello, J ulie Attachment Sc hwartz, J ac ob Page 19 of 1203 Appointments and Applicants for July 7, 2020 ____________________________________________________________________________________ Building Board of Adjustments and Appeals Mayor Grant Alt 2 yr term to 12/21 (Tabled 2) I Katz Reg 2 yr term to 12/21 (Tabled 2) II Hay Reg 2 yr term to 12/21 (Tabled 2) Applicants: None ____________________________________________________________________________ Education and Youth Advisory Board Mayor Grant STU NV 2 yr term to 12/21 (Tabled 2) Applicants: None Historic Resources Preservation Board II Hay Alt 2 yr term to 12/20 (Tabled 2) III Romelus Alt 2 yr term to 12/21 Applicants: None Library Board II Hay Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/20 (Tabled 2) IV Penserga Alt 2 yr term to 12/21 (Tabled 2) Mayor Grant Alt 2 yr term to 12/20 (Tabled 2) Applicants: None Recreation and Parks Board IV Penserga Reg 2 yr term to 12/20 Applicants: Julie Mondello (Requesting to move up from an alternate to a regular position. If she is moved to the regular position, Mayor Grant would make an appointment to fill her vacancy.) Jacob Schwartz ____________________________________________________________________________________ Page 20 of 1203 Page 21 of 1203 Page 22 of 1203 Page 23 of 1203 Page 24 of 1203 6.A. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed Resolution No. R20-060 - Approve the request from New C ingular W ireless P C S, L L C (formerly Bellsouth Mobility I nc .), Lessee to amend the lease agreement for the 150 foot telec ommunications tower at 300 East W oolbright Road (City’s Little League Field site). Explanation of R equest: City property has been leased for a telecommunications tower to Bellsouth Mobility I nc. sinc e February 1, 1995 when the original agreement was approved by the City Commission. I n J une, 2000 the City consented to a first lease amendment (R00-092) to facilitate the transfer of tower maintenance and management responsibility to Crown C astle I nternational. I n August, 2007 the City c onsented to a sec ond lease amendment (R07-093) extending the lease for an additional 15 years to the y ear 2035; allowing an option to lease 320 square feet more ground spac e for an additional rent of $15,168 per year; increasing the rent by 5% annually starting in 2020; and providing the C ity with a lump sum payment of $23,500 upon exec ution of the lease amendment. This 3rd lease amendment proposes to extend the lease an additional 20 years to September 14, 2055; to inc lude an option to lease 400 square feet of additional ground space with an annual rent inc rease of $7,200; and inc lude the payment of a lump sum of $20,000 for consideration and exec ution of the proposed lease amendment. All other lease agreement provisions would remain, including the annual rent esc alation of five (5) percent to begin September, 2020. Staff rec ommends that this request be approved thereby allowing an extension of the lease agreement terms, and a new provision for an option to expand the ground lease area for additional equipment upgrades. How will this affect city programs or services? N/A Fiscal Impact: Current annual rent is $41,037 for a total of 1,320 square feet of ground lease area. The 3rd amendment as proposed would inc rease annual rent by $7,200 to $48,237 for a total of 1,720 square feet of ground lease area. A lump sum of $20,000 is proposed to be paid to the City for consideration and exec ution of the 3rd lease amendment. Alternatives: No alternative is rec ommended. Strategic Plan: Strategic Plan Application: N/A Page 25 of 1203 Climate Action: Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving Third Amendment to Lease Agreement with New C ingular W ireless Agreement Proposed AT&T 3rd A mendment to Lease Agreement Exhibit Exhibit "B" - S urvey /Site Plan Page 26 of 1203 S:\CA\RESO\Third Amendment To Lease Agreement With New Cingular Wireless - Reso.Docx RESOLUTION NO. R20-____ 1 A RESOLUTION OF THE CITY COMMISSION OF THE 2 CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND 3 AUTHORIZING THE MAYOR TO SIGN THE THIRD 4 AMENDMENT TO LEASE AGREEMENT BETWEEN THE 5 CITY OF BOYNTON BEACH AND NEW CINGULAR 6 WIRELESS TO PROVIDE FOR ADDITIONAL RENEWAL 7 TERMS BEYOND THE ORIGINAL TERM; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, City property has been leased for a telecommunications tower to Bellsouth 12 Mobility Inc. since February 1, 1995 when the original agreement was approved by the City 13 Commission; and 14 WHEREAS, in June, 2000 the City consented to a first lease amendment (R00-092) to 15 facilitate the transfer of tower maintenance and management responsibility to Crown Castle 16 International; and 17 WHEREAS, in August, 2007 the City consented to a second lease amendment (R07-18 093) extending the lease for an additional 15 years to the year 2035; allowing an option to lease 19 320 square feet more ground space for an additional rent of $15,168 per year; increasing the 20 rent by 5% annually starting in 2020; and providing the City with a lump sum payment of 21 $23,500 upon execution of the lease amendment; and 22 WHEREAS, this third lease amendment proposes to extend the lease an additional 20 23 years to September 14, 2055; to include an option to lease 400 square feet of additional ground 24 space with an annual rent increase of $7,200; and include the payment of a lump sum of $20,000 25 for consideration and execution of the proposed lease amendment; and 26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, on 27 recommendation of staff, deems it appropriate to approve a Third Amendment to Lease 28 Agreement between the City of Boynton Beach and New Cingular Wireless to provide for 29 additional renewal terms beyond the original term and an option to expand the lease area. 30 Page 27 of 1203 S:\CA\RESO\Third Amendment To Lease Agreement With New Cingular Wireless - Reso.Docx NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption. 34 Section 2. The City Commission does hereby approve and authorize the Mayor and 35 City Clerk to execute a Third Amendment to Lease Agreement between the City of Boynton 36 Beach and New Cingular Wireless to provide for additional renewal terms beyond the original 37 term and an option to expand the lease area, a copy of which is attached hereto and made a part 38 hereof as Exhibit “A”. 39 Section 3. This Resolution shall become effective immediately upon its passage and 40 adoption. 41 PASSED AND ADOPTED this _____ day of June, 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 45 Mayor – Steven B. Grant _____ _____ 46 47 Vice Mayor – Ty Penserga _____ _____ 48 49 Commissioner – Justin Katz _____ _____ 50 51 Commissioner – Woodrow L. Hay _____ _____ 52 53 Commissioner – Christina L. Romelus _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 Page 28 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 1 PPAB 4273623V9 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT (“Third Amendment”) is dated as of the latter of the signature dates below (the “Effective Date”) by and between CITY OF BOYNTON BEACH, a Florida municipal corporation (“Owner”), having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (“Tenant”), and the successor by merger with BellSouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, by Crown Castle South LLC, a Delaware limited liability company, its attorney in fact (“Crown”), having a mailing address of New Cingular Wireless PCS, LLC, 1025 Lenox Park Blvd., NE, 3rd Floor, Tower Asset Group Atlanta, Georgia 30319 (Owner and Tenant, collectively, the “Parties”). WITNESSETH : WHEREAS, Owner owns that certain real property located in Palm Beach County, Florida as further described on Exhibit A, attached hereto and by this reference made a part hereof (the “Parent Parcel”); and WHEREAS, Owner and BellSouth Mobility Inc., a Georgia corporation (“BellSouth”), entered into that certain Lease Agreement dated February 1, 1995 (as amended and assigned, the “Agreement”), which was recorded in Book 8874, Page 1260 on the Palm Beach County Public Records, as amended by that certain Amendment to Lease Agreement dated August 1, 2000, as adopted by Owner on August 21, 2007, by that certain Resolution No. R07-093, whereby Owner leased to BellSouth a portion of that property (said leased portion being the “Property”) located at 300 West Woolbright Road (Tax Parcel 08-43-45-33-14-000-0051), Boynton Beach, Palm Beach County, Florida, together with certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement; and WHEREAS, Tenant succeeded to BellSouth’s interest in the Agreement; and WHEREAS, Owner and Tenant entered into that Second Amendment to Lease Agreement dated December 16, 2007 (“Second Amendment”), which extended the term of the Agreement to September 14, 2035 and granted to Tenant an option to lease 320 square feet of property contiguous to the Property (“Option”), a memorandum of which is recorded in Book 24042, Page 716 in the Palm Beach County Public Records; and WHEREAS, the term of the Agreement commenced on September 15, 1995, and has an original term, including all Extension Terms (as defined in the Agreement), that will expire on September 14, 2035 (“Original Term”), and Owner and Tenant now desire to amend the terms of the Agreement to provide for additional Extension Terms beyond the Original Term, to expand the Property, to exercise the Option, and to make other changes. NOW THEREFORE, in exchange for the mutual promises contained herein, Owner and Tenant agree to amend the Agreement as follows: Page 29 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 2 PPAB 4273623V9 1. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Third Amendment for all purposes. 2. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the Parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the Effective Date and that, to the best of its knowledge, the Parties are not in default under the terms of the Agreement. 3. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 4. Exercise of Option. Tenant does hereby exercise its Option, and the Parties agree that this Third Amendment shall satisfy Tenant’s requirement to provide written notice to exercise the Option and to enter in to an amendment to the Agreement (as required in the Second Amendment). All references to “Property” in the Agreement shall be amended to include the area depicted as the “Amendment Parcel” on Exhibit B, attached hereto and incorporated herein by reference, and described as the “Amendment Parcel” by metes and bounds on Exhibit C-1, attached hereto and incorporated herein by reference. 5. Subparagraph 4.b. Amendment. Section 4.b. of the Agreement is hereby amended by replacing “seven (7)” with “eleven (11)”, thereby adding four (4) additional five (5) year Extension Terms to the Agreement beyond the Original Term, and extending its total term to September 14, 2055, unless sooner terminated as provided in the Agreement. 6. Subparagraph 4.c. Amendment. Subparagraph 4.c. of the Agreement is hereby amended by adding the following language to the end of such subparagraph: Following the expiration of the seventh Extension Term, annual rent shall continue to increase annually by five percent (5%) over the annual rental that was in effect during the previous year. 7. Subparagraph 4.e. Amendment. Subparagraph 4.e. of the Agreement is hereby amended by deleting all references to “seventh (7th) five (5) year term” and inserting in lieu thereof “eleventh (11th) five (5) year term.” 8. Additional Space. Owner hereby leases to Tenant four hundred (400) square feet of additional property (the “Additional Space”) to increase the size of the Property leased by Owner to Tenant to approximately 1,720 square feet, as same is depicted as the “Crown New Overall Tower Parcel” on Exhibit B attached hereto and incorporated herein by reference, and described as the “Crown New Overall Tower Parcel” by metes and bounds on Exhibit C attached hereto and incorporated herein by reference, and Owner does hereby lease same to Tenant for those uses provided for in the Agreement. The Additional Space is depicted as those areas identified as “Additional Ground Parcel ‘A’”, “Additional Ground Parcel ‘B’”, “Additional Ground Parcel ‘C’”, and “Additional Ground Parcel ‘D’”, on Exhibit B, and is described as “Additional Ground Parcel ‘A’”, “Additional Ground Parcel ‘B’”, “Additional Ground Parcel ‘C’”, and “Additional Ground Parcel ‘D’”, by metes and bounds on Exhibit C-2, attached hereto Page 30 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 3 PPAB 4273623V9 and incorporated herein by reference. All references to “Property” in the Agreement shall be amended to include the Additional Space. The Agreement is amended to reflect such increase in the size of the Property, and Exhibit B and Exhibit C attached to this Third Amendment shall replace any and all descriptions of the Property. 9. Additional Rent. In addition to the rent currently paid by Tenant to Owner pursuant to the Agreement, Tenant shall pay to Owner rent for the Additional Space equal to Six Hundred Dollars ($600.00) per month (the “Additional Rent”). The first payment of the Additional Rent shall be due on the first (1st) day of the month following the date that Tenant completes construction of its improvements within the Additional Space, and each subsequent payment shall be due on the first (1st) day of each month thereafter. Additional Rent shall increase in the same manner and on the same date as rent increases for the Property pursuant to Section 4.c. of the Agreement. 10. Default. Owner shall be able to terminate the Agreement only in the event of a default by Tenant, which default is not cured within either (a) ten (10) business days of Tenant’s receipt of written notice of a monetary default, or (b) sixty (60) days of Tenant’s receipt of written notice of a non-monetary default; provided, however, in the event that Tenant has diligently commenced to cure a non-monetary default within sixty (60) days of Tenant’s actual receipt of notice thereof and reasonably requires additional time beyond the 60-day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the 60-day cure period) to effect the cure. 11. Easements. (a) In addition to any easements and rights of way granted in the Agreement, Owner hereby grants to Tenant a non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicles, including trucks, over and across those driveways and access roads leading to and from Southwest 3rd Street and the Property. (b) The description and location of those easements and rights of way for utilities granted in the Agreement are amended to reflect the “Crown 20’ Wide Non-Exclusive Utility Easement” shown on Exhibit B attached hereto and described as the “Crown 20’ Wide Non-Exclusive Utility Easement” by metes and bounds in Exhibit C attached hereto. Owner does hereby grant said easements and rights of way to Tenant for those purposes provided for in the Agreement. Exhibit B and Exhibit C attached hereto shall replace any and all descriptions of the existing easements and rights of way for access and utilities in the Agreement; provided, however, in the event the location(s) of any of Tenant’s or its subtenants’ or licensees’ existing utilities and/or access routes are not depicted or described on Exhibit B or Exhibit C, Tenant’s easement rights over such area(s) shall remain in full force and effect. 12. Owner and Tenant Acknowledgments. Except as modified herein, the Agreement and all provisions contained therein remain in full force and effect, and are hereby ratified and affirmed. The Parties hereby agree, to the best of their respective knowledge, that no defaults exist under the Agreement and no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by the other party under the Agreement. To the extent Tenant needed consent and/or approval from Owner for any Page 31 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 4 PPAB 4273623V9 of Tenant’s activities at and uses of the Property prior to the Effective Date, Owner’s execution of this Third Amendment is and shall be considered consent to and approval of all such activities and uses. Owner hereby acknowledges and agrees that Tenant shall not need consent and/or approval from Owner for any future activities at or uses of the Property, including, without limitation, subleasing and licensing to additional customers all or any portion of Tenant’s interest in the Agreement, as modified by this Third Amendment. The terms, provisions, and conditions of this Section 13 shall survive the execution and delivery of this Third Amendment. 13. Notices. The Parties hereby replace any notice address for Tenant under the Agreement with the following: Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration RE: Cell Site # 811576 Cell Site Name: ABBB Fixed Asset # 10023465 1025 Lenox Park Blvd. NE 3rd Floor Tower Asset Group Atlanta, GA 30319 With a copy to: AT&T Legal Department- Network Attn: Network Counsel Re: 10023465 208 S. Akard Street Dallas, Texas, 75202-4206 With a copy to: Crown Castle South LLC c/o Crown Castle USA Inc. General Counsel Attn: Legal-Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317-8564 14. Consideration. For amending the Agreement to increase the size of the Property in accordance with this Third Amendment, Tenant agrees to pay to Owner Twenty Thousand Dollars ($20,000.00), which is comprised of a payment of additional consideration of Five Thousand Dollars ($5,000.00) and a signing bonus of Fifteen Thousand Dollars ($15,000.00). Owner acknowledges that the signing bonus may be paid by Crown on behalf of Tenant. By signing this Third Amendment, Owner agrees to accept the signing bonus from Crown, and Owner further agrees that the acceptance by Owner of the signing bonus will be a complete accord and satisfaction of that said obligation. Upon payment of the signing bonus, Owner waives and releases Tenant and Crown from any and all claims Owner may have pursuant to the Page 32 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 5 PPAB 4273623V9 Agreement (or otherwise) related to or arising out of the signing bonus. The payment shall be made within thirty (30) days of full execution of this Third Amendment by both parties. 15. Representations, Warranties and Covenants of Owner. Owner represents, warrants and covenants to Tenant that: (i) Owner has the full power and authority to enter into and perform its obligations under this Third Amendment, and, to the extent applicable, the person(s) executing this Third Amendment on behalf of Owner, has the authority to enter into and deliver this Third Amendment on behalf of Owner; (ii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Owner of this Third Amendment; (iii) Owner has complied with all applicable laws in entering into this Third Amendment, including, without limitation, any laws requiring prior public notice or opportunity for bidding or public disclosures on same, and Owner is relying on such compliance in entering into this Third Amendment; (iv) Owner is the sole owner of the Property and all other portions of the Parent Parcel; and (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Property or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant’s rights under the Agreement, as amended and modified by this Third Amendment. The representations and warranties of Owner made in this section shall survive the execution and delivery of this Third Amendment. Owner hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Third Amendment. 16. IRS Form W-9. Owner agrees to provide Tenant with a completed IRS Form W- 9, or its equivalent, upon execution of this Third Amendment and at such other times as may be reasonably requested by Tenant. In the event the Property is transferred, the succeeding Owner shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in Rent to the new landlord. Owner’s failure to provide the IRS Form W-9 within thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from Rent payments. 17. Construction of Documents. Each party hereto acknowledges that this Third Amendment shall not be construed in favor of or against the drafter hereof. 18. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Third Amendment is hereby amended to be consistent with this Third Amendment. Page 33 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 6 PPAB 4273623V9 19. Headings. The headings contained in this Third Amendment are for reference purposes only and shall not modify or affect this Third Amendment in any manner whatsoever. 20. Entire Agreement. The Agreement, as amended by this Third Amendment, embodies the final, entire agreement between the parties with respect to the subject matter of this Third Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf of the parties to this Third Amendment. All of the provisions hereof shall inure to the benefit of and be binding upon Owner and Tenant, and their personal representatives, heirs, successors and assigns. 21. Counterparts. This Third Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 22. Recordation. Tenant and Owner agree that memorandum of this Third Amendment shall be recorded in the public records of Palm Beach County, Florida upon execution of this Third Amendment. The cost for recordation shall be paid by Tenant. 23. Governing Law, Jurisdiction and Venue. The Agreement, as amended by this Third Amendment, has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement, as amended by this Third Amendment, shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement, as amended by this Third Amendment, shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 24. Sovereign Immunity. Owner is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement, as amended by this Third Amendment, is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, as amended by this Third Amendment, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Owner of the limitation from liability provided to the State’s subdivisions by state law. 25. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall Owner or Tenant be liable to the other for, and Owner and Tenant hereby waive, to the fullest extent permitted under applicable law, the right to recover incidental, consequential (including, without limitation, lost profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages. 26. Tenant’s Securitization Rights; Estoppel. Owner hereby consents to the granting by Tenant of one or more leasehold mortgages, collateral assignments, liens, and/or Page 34 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 7 PPAB 4273623V9 other security interests (collectively, a “Security Interest”) in Tenant’s interest in this Agreement, as amended by this Third Amendment, and all of Tenant’s property and fixtures attached to and lying within the Property, and Owner further consents to the exercise by Tenant’s mortgagee of its rights to exercise its remedies, including without limitation, foreclosure, with respect to any such Security Interest. Owner shall recognize the holder of any such Security Interest of which Owner is given prior written notice (any such holder, a “Holder”) as “Tenant” hereunder in the event a Holder succeeds to the interest of Tenant hereunder by the exercise of such remedies. Owner further agrees to execute a written estoppel certificate within thirty (30) days of written request of the same by Tenant or Holder. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Page 35 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 8 PPAB 4273623V9 IN WITNESS WHEREOF, the undersigned parties have caused this Third Amendment to be duly executed as of the Effective Date. ATTEST: OWNER: CITY OF BOYNTON BEACH, a Florida municipal corporation ____________________________ , City Clerk By: _________________________ (SEAL) , Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY ____________________________ Office of the City Attorney Page 36 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 9 PPAB 4273623V9 WITNESSES: TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company ____________________________ Print Name: __________________ By: Crown Castle South LLC a Delaware limited liability company ____________________________ Its: Attorney in Fact Print Name: __________________ By: ________________________ (SEAL) Print Name:__________________ Title:_______________________ Page 37 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT A PARENT PARCEL (PALM BEACH COUNTY PROPERTY APPRAISER TAX ROLL) S/D OF 33-45-43, W 3/4 LT 5 (LESS PB30P154, PB114P9 & PB125P99) Page 38 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT B [ATTACHED HERETO] Page 39 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C Page 1 of 2 CROWN NEW OVERALL TOWER PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°53'35" EAST FOR 9.00 FEET; THENCE NORTH 02°06'25" WEST FOR 6.00 FEET; THENCE NORTH 87°53'35" EAST FOR 8.00 FEET; THENCE SOUTH 02°06'25" EAST FOR 6.00 FEET; THENCE NORTH 87°53'35" EAST FOR 6.00 FEET; THENCE NORTH 87°26'58" EAST FOR 16.00 FEET; THENCE SOUTH 02°06'25" EAST FOR 24.87 FEET; THENCE SOUTH 19°43'57" WEST FOR 16.44 FEET; THENCE SOUTH 87°53'35" WEST FOR 14.61 FEET; THENCE SOUTH 00°31'24" EAST FOR 10.60 FEET; THENCE SOUTH 61°07'05" WEST FOR 3.21 FEET; THENCE SOUTH 87°18'20" WEST FOR 0.93 FEET; THENCE SOUTH 03°03'39" EAST FOR 8.64 FEET; THENCE EASTERLY, SOUTHERLY, WESTERLY, AND NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 3.46 FEET, A CENTRAL ANGLE OF 323°26'50", AND A CHORD OF 2.17 FEET THAT BEARS SOUTH 63°55'46" WEST, FOR 19.56 FEET; THENCE NORTH 03°03'39" WEST FOR 9.58 FEET; THENCE NORTH 59°22'58" WEST FOR 3.09 FEET; THENCE NORTH 00°10'06" EAST FOR 7.67 FEET; THENCE NORTH 61°21'44" WEST FOR 2.77 FEET; THENCE NORTH 02°06'25" WEST FOR 1.25 FEET; THENCE SOUTH 87°53'35" WEST FOR 7.50 FEET; THENCE NORTH 02°06'25" WEST FOR 40.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,720 SQUARE FEET (0.039 ACRES), MORE OR LESS. Page 40 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C Page 2 of 2 CROWN 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 14.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°31'12" WEST FOR 30.13 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST 3RD STREET AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03°03'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59°22'58" WEST FOR 3.09 FEET; THENCE NORTH 00°10'06" EAST FOR 7.67 FEET; THENCE NORTH 61°21'44" WEST FOR 2.77 FEET; THENCE NORTH 02°06'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 603 SQUARE FEET (0.014 ACRES), MORE OR LESS. Page 41 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C-1 AMENDMENT PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL AND THE POINT OF BEGINNING; THENCE NORTH 87°26'58" EAST FOR 16.00 FEET; THENCE SOUTH 02°06'25" EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET; THENCE SOUTH 87°26'58" WEST FOR 16.00 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 02°06'25" WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 320 SQUARE FEET (0.007 ACRES), MORE OR LESS. Page 42 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C-2 Page 1 of 3 ADDITIONAL GROUND PARCEL "A" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 9.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02°06'25" WEST FOR 6.00 FEET; THENCE NORTH 87°53'35" EAST ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE FOR 8.00 FEET; THENCE SOUTH 02°06'25" EAST FOR 6.00 FEET TO AN INTERSECTION WITH SAID NORTHERLY LINE; THENCE SOUTH 87°53'35" WEST ALONG SAID NORTHERLY LINE FOR 8.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 48 SQUARE FEET (0.007 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "B" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°26'58" EAST FOR 16.00 FEET; THENCE SOUTH 02°06'25" EAST ALONG A LINE PARALLEL WITH SAID EASTERLY LINE FOR 4.87 FEET; THENCE SOUTH 19°43'57" WEST FOR 16.44 FEET; THENCE SOUTH 87°53'35" WEST FOR 9.89 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF Page 43 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 2 of 3 SAID TOWER PARCEL; THENCE NORTH 02°06'25" WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 274 SQUARE FEET (0.006 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "C" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 87°53'35" WEST ALONG SAID EASTERLY LINE FOR 4.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°31'24" EAST FOR 10.60 FEET; THENCE SOUTH 61°07'05" WEST FOR 3.21 FEET; THENCE SOUTH 87°18'20" WEST FOR 0.93 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 03°03'39" WEST ALONG SAID EASTERLY LINE FOR 12.06 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 4.30 FEET TO SAID POINT OF BEGINNING. CONTAINING 47 SQUARE FEET, MORE OR LESS. ADDITIONAL GROUND PARCEL "D" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE Page 44 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 Page 3 of 3 NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03°03'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59°22'58" WEST FOR 3.09 FEET; THENCE NORTH 00°10'06" EAST FOR 7.67 FEET; THENCE NORTH 61°21'44" WEST FOR 2.77 FEET; THENCE NORTH 02°06'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 31 SQUARE FEET, MORE OR LESS. Page 45 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 1 PPAB 4273623V9 Prepared out of State Return to: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel # 08-43-45-33-14-000-0051 Cross Index with Book 8874, Page 1260 Book 24042, Page 716 MEMORANDUM OF THIRD AMENDMENT TO LEASE AGREEMENT THIS MEMORANDUM OF THIRD AMENDMENT TO LEASE AGREEMENT (“Amended Memorandum”) is made effective this _____ day of _______________, 2020, by and between CITY OF BOYNTON BEACH, a Florida municipal corporation (“Owner”), having a mailing address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (“Tenant”), and the successor by merger with Bellsouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, by Crown Castle South LLC, a Delaware limited liability company, its attorney in fact, having a mailing address of New Cingular Wireless, 1025 Lenox Park Blvd., NE, 3rd Floor, Tower Asset Group Atlanta, Georgia 30319. NOTICE is hereby given of the Agreement (as defined and described below), as amended by the Third Amendment to Lease Agreement (“Third Amendment”), for the purpose of recording and giving notice of the existence of said Agreement and Third Amendment and to provide notice that Tenant has exercised its option to lease additional land granted in the Second Amendment (as defined herein). To the extent that notice of such Agreement has previously been recorded, then this Amended Memorandum shall constitute an amendment of any such prior recorded notice(s). 1. Parent Parcel and Lease. Owner is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”) located at 300 West Woolbright Road (Tax Parcel 08-43-45-33-14-000-0051), Boynton Beach, Palm Beach County, Florida. Owner and Tenant (or its predecessor-in- Page 46 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 2 PPAB 4273623V9 interest) entered into that certain Lease Agreement dated February 1, 1995 (as amended and assigned, the “Agreement”) and recorded in Book 8874, Page 1260 on the Palm Beach County Public Records, pursuant to which the Tenant leases a portion of the Parent Parcel (such portion being the “Property”) and is the beneficiary of certain easements for access and public utilities. 2. Term. Owner does hereby lease and grant unto Tenant, its successors and assigns, the Property for eleven (11) additional five (5) year Extension Terms beyond the Original Term, such that the Original Term and all Extension Terms of the Agreement may last for a term of sixty (60) years, expiring on September 14, 2055, unless sooner terminated as provided in the Agreement. 3. Exercise of Option. Tenant exercised its option to lease approximately 320 square feet of additional property (“Amendment Parcel”). All references to “Property” in the Agreement shall be amended to include the area depicted as the “Amendment Parcel” on Exhibit B, attached to the Third Amendment and attached hereto and incorporated herein by reference, and described as the “Amendment Parcel” by metes and bounds on Exhibit C-1, attached to the Third Amendment and attached hereto and incorporated herein by reference. 4. Property Description. Owner hereby leases to Tenant four hundred (400) square feet of additional property (the “Additional Space”) to increase the size of the Property leased by Owner to Tenant to approximately 1,720 square feet, as same is depicted as the “Crown New Overall Tower Parcel” on Exhibit B attached to the Third Amendment and attached hereto and incorporated herein by reference, and described as the “Crown New Overall Tower Parcel” by metes and bounds on Exhibit C attached to the Third Amendment and attached hereto and incorporated herein by reference, and Owner does hereby lease same to Tenant for those uses provided for in the Agreement. The Additional Space is depicted as those areas identified as “Additional Ground Parcel ‘A’”, “Additional Ground Parcel ‘B’”, “Additional Ground Parcel ‘C’”, and “Additional Ground Parcel ‘D’”, on Exhibit B, and is described as “Additional Ground Parcel ‘A’”, “Additional Ground Parcel ‘B’”, “Additional Ground Parcel ‘C’”, and “Additional Ground Parcel ‘D’”, by metes and bounds on Exhibit C-2, attached to the Third Amendment and attached hereto and incorporated herein by reference. All references to “Property” in the Agreement shall be amended to include the Additional Space. The Agreement is amended to reflect such increase in the size of the Property, and Exhibit B and Exhibit C attached to the Third Amendment shall replace any and all descriptions of the Property. 5. Easements. (a) In addition to any easements and rights of way granted in the Agreement, Owner hereby grants to Tenant a non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicles, including trucks, over and across those driveways and access roads leading to and from Southwest 3rd Street and the Property. (b) The description and location of those easements and rights of way for utilities granted in the Agreement are amended to reflect the “Crown 20’ Wide Non-Exclusive Page 47 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 3 PPAB 4273623V9 Utility Easement” shown on Exhibit B attached to the Third Amendment and attached hereto and described as the “Crown 20’ Wide Non-Exclusive Utility Easement” by metes and bounds in Exhibit C attached to the Third Amendment and attached hereto. Owner does hereby grant said easements and rights of way to Tenant for those purposes provided for in the Agreement. Exhibit B and Exhibit C attached hereto shall replace any and all descriptions of the existing easements and rights of way for access and utilities in the Agreement; provided, however, in the event the location(s) of any of Tenant’s or its subtenants’ or licensees’ existing utilities and/or access routes are not depicted or described on Exhibit B or Exhibit C, Tenant’s easement rights over such area(s) shall remain in full force and effect. 6. Effect/Miscellaneous. This Amended Memorandum is not a complete summary of the terms, provisions and conditions contained in the Agreement. In the event of a conflict between this Amended Memorandum and the Agreement, the Agreement shall control. Owner hereby grants the right to Tenant to complete and execute on behalf of Owner any government or transfer tax forms necessary for the recording of this Amended Memorandum. This right shall terminate upon the recording of this Amended Memorandum. 7. Notices. All notices provided under this Amended Memorandum must be in writing and shall be valid upon receipt when delivered to the address provided for each party above. The notice obligations of each party are further provided under the Agreement. 8. Counterparts. This Amended Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. 9. Governing Law. This Amended Memorandum shall be governed by and construed in all respects in accordance with the laws of the State in which the Property is situated, without regard to the conflicts of laws provisions of such State. [SIGNATURES FOLLOW ON NEXT PAGE] Page 48 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 4 PPAB 4273623V9 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. ATTEST: OWNER: CITY OF BOYNTON BEACH, a Florida municipal corporation ____________________________ , City Clerk By: _________________________ (SEAL) , Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY ____________________________ Office of the City Attorney STATE OF _________________ ) ) SS: COUNTY OF ) The foregoing Memorandum of Third Amendment to Lease Agreement was signed, sealed, delivered, and acknowledged before me this _____ day of ___________________, 2020, by _______________________, as the Mayor of the City of Boynton Beach, a municipal corporation of the State of Florida, who [ ] is personally known to me or who [ ] produced a ______________________________ as identification. (Seal) Notary Public Print Name: My Commission Expires:_______________________ Page 49 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 5 PPAB 4273623V9 IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: Crown Castle South LLC, a Delaware limited liability company Its: Attorney in Fact Signed, sealed and delivered in the presence of: By: (SEAL) Print Name: Print Name:___________________ Title: ________________________ Print Name: STATE OF _________________ ) ) SS: COUNTY OF ) The foregoing Memorandum of Third Amendment to Lease Agreement was signed, sealed, delivered, and acknowledged before me this _____ day of ___________________, 2020, by New Cingular Wireless PCS, LLC, a Delaware limited liability company, by its Attorney in Fact, Crown Castle South LLC, a limited liability company, by ___________________ [name], as ______________________ [title], for and on behalf of Crown Castle South LLC, a Delaware limited liability company, as Attorney in Fact for the New Cingular Wireless PCS, LLC, a Delaware limited liability company, who [ ] is personally known to me or who [ ] produced a ______________________________ as identification. (Seal) Notary Public Print Name: My Commission Expires:_______________________ Page 50 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT A PARENT PARCEL (PALM BEACH COUNTY PROPERTY APPRAISER TAX ROLL) S/D OF 33-45-43, W 3/4 LT 5 (LESS PB30P154, PB114P9 & PB125P99) Page 51 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT B [ATTACHED HERETO] Page 52 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C Page 1 of 2 CROWN NEW OVERALL TOWER PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°53'35" EAST FOR 9.00 FEET; THENCE NORTH 02°06'25" WEST FOR 6.00 FEET; THENCE NORTH 87°53'35" EAST FOR 8.00 FEET; THENCE SOUTH 02°06'25" EAST FOR 6.00 FEET; THENCE NORTH 87°53'35" EAST FOR 6.00 FEET; THENCE NORTH 87°26'58" EAST FOR 16.00 FEET; THENCE SOUTH 02°06'25" EAST FOR 24.87 FEET; THENCE SOUTH 19°43'57" WEST FOR 16.44 FEET; THENCE SOUTH 87°53'35" WEST FOR 14.61 FEET; THENCE SOUTH 00°31'24" EAST FOR 10.60 FEET; THENCE SOUTH 61°07'05" WEST FOR 3.21 FEET; THENCE SOUTH 87°18'20" WEST FOR 0.93 FEET; THENCE SOUTH 03°03'39" EAST FOR 8.64 FEET; THENCE EASTERLY, SOUTHERLY, WESTERLY, AND NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 3.46 FEET, A CENTRAL ANGLE OF 323°26'50", AND A CHORD OF 2.17 FEET THAT BEARS SOUTH 63°55'46" WEST, FOR 19.56 FEET; THENCE NORTH 03°03'39" WEST FOR 9.58 FEET; THENCE NORTH 59°22'58" WEST FOR 3.09 FEET; THENCE NORTH 00°10'06" EAST FOR 7.67 FEET; THENCE NORTH 61°21'44" WEST FOR 2.77 FEET; THENCE NORTH 02°06'25" WEST FOR 1.25 FEET; THENCE SOUTH 87°53'35" WEST FOR 7.50 FEET; THENCE NORTH 02°06'25" WEST FOR 40.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,720 SQUARE FEET (0.039 ACRES), MORE OR LESS. Page 53 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C Page 2 of 2 CROWN 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 14.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°31'12" WEST FOR 30.13 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST 3RD STREET AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03°03'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59°22'58" WEST FOR 3.09 FEET; THENCE NORTH 00°10'06" EAST FOR 7.67 FEET; THENCE NORTH 61°21'44" WEST FOR 2.77 FEET; THENCE NORTH 02°06'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 603 SQUARE FEET (0.014 ACRES), MORE OR LESS. Page 54 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C-1 AMENDMENT PARCEL THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL AND THE POINT OF BEGINNING; THENCE NORTH 87°26'58" EAST FOR 16.00 FEET; THENCE SOUTH 02°06'25" EAST ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET; THENCE SOUTH 87°26'58" WEST FOR 16.00 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 02°06'25" WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 320 SQUARE FEET (0.007 ACRES), MORE OR LESS. Page 55 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C-2 Page 1 of 3 ADDITIONAL GROUND PARCEL "A" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 9.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02°06'25" WEST FOR 6.00 FEET; THENCE NORTH 87°53'35" EAST ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE FOR 8.00 FEET; THENCE SOUTH 02°06'25" EAST FOR 6.00 FEET TO AN INTERSECTION WITH SAID NORTHERLY LINE; THENCE SOUTH 87°53'35" WEST ALONG SAID NORTHERLY LINE FOR 8.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 48 SQUARE FEET (0.007 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "B" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°26'58" EAST FOR 16.00 FEET; THENCE SOUTH 02°06'25" EAST ALONG A LINE PARALLEL WITH SAID EASTERLY LINE FOR 4.87 FEET; THENCE SOUTH 19°43'57" WEST FOR 16.44 FEET; THENCE SOUTH 87°53'35" WEST FOR 9.89 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF Page 56 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C-2 Page 2 of 3 SAID TOWER PARCEL; THENCE NORTH 02°06'25" WEST ALONG SAID EASTERLY LINE FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 274 SQUARE FEET (0.006 ACRES), MORE OR LESS. ADDITIONAL GROUND PARCEL "C" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE NORTH 87°53'35" EAST ALONG THE NORTHERLY LINE OF SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE AND THE MOST EASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 87°53'35" WEST ALONG SAID EASTERLY LINE FOR 4.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°31'24" EAST FOR 10.60 FEET; THENCE SOUTH 61°07'05" WEST FOR 3.21 FEET; THENCE SOUTH 87°18'20" WEST FOR 0.93 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE; THENCE NORTH 03°03'39" WEST ALONG SAID EASTERLY LINE FOR 12.06 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 4.30 FEET TO SAID POINT OF BEGINNING. CONTAINING 47 SQUARE FEET, MORE OR LESS. ADDITIONAL GROUND PARCEL "D" THAT PART OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE, SAID POINT BEING THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 45, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°43'19" WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 1256.20 FEET; THENCE SOUTH 01°23'22" Page 57 of 1203 Site Name: ABBB Crown BU: 811576 Cingular Site: 10023465 PPAB 4273623V9 EXHIBIT C-2 Page 3 of 3 EAST FOR 223.56 FEET TO THE NORTHWESTERLY CORNER OF A TOWER PARCEL; THENCE SOUTH 02°06'25" EAST ALONG THE WESTERLY LINE OF SAID TOWER PARCEL FOR 40.00 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 7.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87°53'35" EAST ALONG SAID EASTERLY LINE FOR 4.48 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE; THENCE SOUTH 03°03'39" EAST ALONG SAID EASTERLY LINE FOR 12.01 FEET; THENCE NORTH 59°22'58" WEST FOR 3.09 FEET; THENCE NORTH 00°10'06" EAST FOR 7.67 FEET; THENCE NORTH 61°21'44" WEST FOR 2.77 FEET; THENCE NORTH 02°06'25" WEST FOR 1.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 31 SQUARE FEET, MORE OR LESS. Page 58 of 1203 Page 59 of 1203 Page 60 of 1203 Page 61 of 1203 6.B. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed R esolution No. R20-061 - A pprove an update to the Building Division's Fee Schedule associated with development review ac tivities in the Building Division. Explanation of R equest: The Fee Sc hedule of the Department's Building Division has not been amended since 2015. Most of the building department fees are designed to rec over ac tual costs of processing permits and should be adjusted based on inc reased c osts of this activity. Staff recommends delaying these types of fee amendments until a time when such rollout would not potentially impact the local economy while recovering from the impacts of the virus pandemic . The remaining fees rec ommended for adjustment are either required by other agenc ies or are proposed for new services being offered by the City that require cost recovery. The proposed amendments are summarized below and included in the accompany ing exhibit. Adding documentation for users explaining how projec t valuation is calculated. Updating of agenc y titles and the fee required to be collected by the State for educ ational and building code review proc esses. I nserting a fee for solar energy sy stems based on the c ounty wide sustainability and national SolSmart initiatives. I n part to add incentives for the installation of solar systems, this effort includes setting a maximum permit fee rate and standardized (c ounty -wide) proc ess for permit review with a maximum 3- day turn-a-round period. Adding a Private Provider P ermit Fee disc ount per new Florida Statutes requirement, with the reduction depending on level of services c onducted by a professional c ontrac ted by the owner or builder (i.e. applic ant). Adding the new minimal Technology Fees to contribute to the costs of pay ing for an electronic computer platform used to deliver expeditious and c onvenient filing and plan review systems for applicants. Adding fees for additional requests for extending a Temporary Certific ate of Occupanc y or Temporary Certificate of Completion (beyond the first request whic h is c urrently $200. This includes an extension after the 3rd extension which requires review/approval by the Building Board of Adjustment and Appeals. Adding fees to c over staff costs for converting hard-c opy (paper) permit applications to electronic format. Fee is intended to both inc entivize the electronic filing of applic ations while maintaining paper filing option for those applicants without the resources for elec tronic filing. Adding a fee corresponding with a new “express” plan review servic e, which is a servic e and fee associated with a requested “after hours” plan review servic e offered to the applic ant. Page 62 of 1203 How will this affect city programs or services? The proposed Building D ivision fee schedule revisions will provide a greater range of services requested by contractors and other development professional and will be more intuitive and user-friendly. I t will also bring the c urrent fee sc hedule into compliance with S tate Statutes. Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: N o Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving updates to Building Division fee sc hedule Amendment Proposed Amendments to Fee Sc hedule Page 63 of 1203 S:\CA\RESO\Building Division Fee Schedule Updates (2020) - Reso.Docx RESOLUTION NO. R20-____ 1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, APPROVING AN UPDATE TO THE 3 BUILDING DIVISION’S FEE SCHEDULE ASSOCIATED 4 WITH DEVELOPMENT REVIEW ACTIVITIES IN THE 5 BUILDING DIVISION OF THE CITY OF BOYNTON 6 BEACH, AND PROVIDING AN EFFECTIVE DATE 7 8 WHEREAS, the Fee Schedule of the Development Department’s Building Division has 9 not been updated since 2015; and 10 WHEREAS, the proposed Building Division fee schedule revisions will provide a 11 greater range of services requested by contractors and other development professional; will be 12 more intuitive and user-friendly and will bring the current fee schedule into compliance with 13 State Statutes; and 14 WHEREAS, the City Commission for the City of Boynton Beach finds that the 15 adoption of these amendments to the Development Department’s Building Division fee 16 schedule is necessary and is in the best interest of the health, safety and welfare of the citizens 17 or residents of Boynton Beach. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 20 Section 1. The above referenced whereas clauses are incorporated herein by 21 reference. 22 Section 2. The Development Department Building Division Fee Schedule 23 associated with development review activities in the Building Division attached hereto as 24 Exhibit “A” and incorporated herein by reference, is hereby adopted as the fee schedule for 25 those related activities as indicated on the Fee Schedule. A copy of the Fee Schedule shall be 26 Page 64 of 1203 S:\CA\RESO\Building Division Fee Schedule Updates (2020) - Reso.Docx maintained and made available for public inspection in the City Clerk’s office as well as the 27 Development Department. 28 Section 3. This Resolution shall become effective immediately upon its passage and 29 adoption. 30 PASSED AND ADOPTED this _____ day of June, 2020. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor – Steven B. Grant _____ _____ 35 36 Vice Mayor – Ty Penserga _____ _____ 37 38 Commissioner – Justin Katz _____ _____ 39 40 Commissioner – Woodrow L. Hay _____ _____ 41 42 Commissioner – Christina L. Romelus _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 48 _____________________________ 49 Crystal Gibson, MMC 50 City Clerk 51 52 53 (Corporate Seal) 54 Page 65 of 1203 BUILDING DIVISION FEES Page 1 of 4 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT | BUILDING DIVISION 100 East Boynton Beach Boulevard • Boynton Beach, FL 33435 • (561)742-6350 • Fax (561)742-6357 www.boynton-beach.org BUILDING DIVISION FEES (Resolution #15-091, Adopted 08/18/15) I. PRIMARY PERMIT FEES: (A) Plan Review Fee: The plan review fee will be credited against the actual cost of the building permit at the time of permit issuance. If a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non-refundable). (1) Minimum fee; or $75.00 (2) Plan Review Fee Rate On Construction Value: 1.0% $0 - $1,500,000, plus 0.5% $1,500,001 - $5,000,000, plus 0.25% over $5,000,001 (B) Construction Permit Fee: (All types) (1) Minimum fee; or per (4)CPFR $75.00 (2) Low voltage (Per State Statue 553.793) $40.00 (3) Streamlined Residential Program: (i) Program application fee (Initial submittal and annual renewal) $250.00 (ii) Water heaters and A/C units change-out $55.00 (4) Construction Permit Fee Rate (CPFR) On Construction Value(*): 2.30% $0 - $1,500,000, plus 1.75% $1,500,001 - $5,000,000, plus 1.00% over $5,000,001 (*) Building permit valuations. For permitting purposes, valuation of buildings and systems shall be total replacement value to include structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress. Final building permit valuation shall be set by the building official. (C) Resubmittal Fee: (Paid at time of resubmittal) (1) First resubmittal No Charge (2) Second re-submittal (Rejection for same comments) (i) Minimum fee; or $75.00 (ii) 10% of original permit fee, whichever is greater 10.0% (3) Third re-submittal and subsequent re-submittal (Rejection for same comments) (i) Four times the original permit fee (Charged per 553.80 Florida Statue) 4X (D) Revision Fee: (1) Minimum fee; or $75.00 (2) $10.00 per page; or $10.00 (3) 2.3% of the revision value, whichever is greater 2.3% (E) Stocking Permit Fee $200.00 (F) Certificate of Use Fee: (1) Minimum fee; plus $75.00 (2) $30.00 any additional required inspection $30.00 (G) Department of Business and Professional Regulation Surcharge per F.S. 553.721:: (1) Minimum fee; or $2.00 (2) 1.0% of the permit fee costs; whichever is greater 1.0% (H) Building Code Administrators and Inspectors Fund Surcharge per F.S. 468.631: (1) Minimum fee; or $2.00 (2) 1.5% of the permit fee costs; whichever is greater 1.5% (I) Green Building Fee: (1) 0.05% of the construction value 0.05% (J) Solar Voltaic Systems (1 and 2 Family Residential) Page 66 of 1203 BUILDING DIVISION FEES Page 2 of 4 (1) Minimum Fee $150.00 (2) 2.3% On Construction Value Max $400.00 (K) Failure to Obtain Permit Fee (Penalty Fee): (1) Four (4) times permit fee; subject to review by Building Official 4X (2) Penalty fee waiver: $35.00 (L) Private Provider Permit Fee (Discounted) (1) Plan Review/ Inspections (Discount for Full Service only) (i) 1.38% On Construction Value (2) Inspections (Discount not provided for single discipline inspections) (i) 1.68% On Construction Value (M) Technology Fee Hardware/Software Maintenance (Online Application, Digital Plan Review, Mobile Inspections) (1) Per permit $2.00 Page 67 of 1203 BUILDING DIVISION FEES Page 3 of 4 II. OTHER DEPARTMENTAL & AGENCY FEES: (A) Planning & Zoning Division Plan Review Fee: (In addition to primary permit fees) (1) See Part III, Land Development Regulations, Chapter 2. Article II, Section 1. (F) (B) Fire Department Fees: (In addition to primary permit fees) (1) Fire inspection fees: (i) Code of Ordinances, Part II, Chapter 9. Article II. Section 9 (2) Interim Fire Assessment (Paid at time of Certificate of Occupancy or Completion) (i) See Code of Ordinances, Part II. Chapter 23, Article III, Division II, Section 23-45 (C) Palm Beach County Impact Fees: (In addition to primary permit fees) (1) Per Palm Beach County website: http://www.pbcgov.com/pzb/impactfees/index.htm (D) City Parks and Recreation Facilities Impact Fee: (In addition to primary permit fees) (1) See Part III, Land Development Regulations, Chapter II. Article VI. Section 2. (E) Water and Sewer Capital Facilities Charges: (In addition to primary permit fees) (1) See Code of Ordinances, Part II, Chapter 26, Article II, Division 2, Section 26-34 (F) Art in Public Places Fee: (In addition to primary permit fees) (1) See Code of Ordinances, Part II, Chapter 2. Article XII, Section 2-163 III. ADMINISTRATIVE FEES: (A) Alternate Method and Material Processing: $150.00 (B) Building Board of Adjustments and Appeals: $250.00 (C) Certificate of Occupancy: (1) 24 hours’ notice No charge (2) Less than 24-hour notice $200.00 (D) Change of Contractor and/or Subcontractor Fee: $35.00 (E) Early Construction Authorization Fee: $500.00 (F) Early Power Release: (1) Single family, duplexes, townhouse (per meter) $150.00 (2) Multi-family buildings – Main building house meter (only) $150.00 (i) Each apartment meter $ 25.00 (3) Commercial (per Meter) $150.00 (i) Additional per each 10,000 square feet $150.00 (G) FPL Meter Placement Fee: $50.00 (H) Local Product Approval Fee: $1,500.00 (I) Master Plan Fee: (Floating) (Per set) (1) Single family $500.00 (2) Multi-family $1,500.00 (J) Permit Application Extension Fee: (Maximum of three) (1) First Extension $50.00 (2) Second Extension $75.00 (3) Third Extension $100.00 (K) Permit Extension Fee: (Prior to expiration) (1) First Extension $50.00 (2) Second Extension $75.00 (3) Third Extension $100.00 (4) Permit Extension for period beyond 90days $250.00 (L) Permit Application or Permit Reinstatement Fee: (Subject to approval by Building Official) (1) Within 180 days of inactive status $75.00 (2) After 180 days of inactive status (i) Minimum Fee; or $75.00 (ii) 30% of permit fee as calculated at time of reinstatement, whichever is greater 30.0% (M) Professional Services: ($50.00/hour or portion thereof) $50.00 (i.e. Permit research, due diligence reports, community acknowledgement forms, etc.) Page 68 of 1203 BUILDING DIVISION FEES Page 4 of 4 (N) Replacement Document Fee: (1) Permit card $30.00 (2) Permitted plans ($30.00 plus printing costs) $30.00 plus printing costs (O) Temporary Certificate of Occupancy or Completion (TCO/TCC) Fee: $450.00 (P) TCC or TCO Extension Fee: (Subject to approval by Building Official)(30-Day Extensions) (1) First ExtensionJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ .$ 100.00 (2) Second ExtensionJJJJJJJJJJJJJJJJJJJJJJJJJJJJ $200.00 (3) Third Extension (Final Extension) JJJJJJJJJJJJJJJJJJJJJ. $500.00 (4) Additional extension requests $1000.00 (Building Board of Adjustment and Appeals approval required for further extensions.) (Q) Electronic Plans Service Fee: (1) Burn digital documents to a CD $10.00 (2) Download Digital Images onto a USB Flash Drive $10.00 (3) Scan Documents up to 11” X 17” (per Page one sided) $4.00 (i) Two-Sided $8.00 (4) Scan Large scale plans and Documents (Per Page per side) $5.00 (5) Paper submittal to Digital submittal coordination Fee $25.00 IV. INSPECTION AND PLAN REVIEW FEES: (A) Re-inspection Fees: (1) First re-inspection $50.00 (2) Second re-inspection $100.00 (3) Third and subsequent re-inspection without “Correction” done $200.00 (Charged per 553.80 Florida Statue) (B) Advisory, Special Inspection, or Inspections During Off-Duty Hours: $75.00 ($75.00 per hour; minimum of two (2) hours) (BASED ON AVAILABILITY) (C) After Hours Plan Review Service (1) Per hourJJJJJJJJJJJ..JJJJJJJJJJJJJJJJJJJJJJ$75.00 (Minimum of two (2) hours per trade and BASED ON AVAILABILITY POLICY) V. NOTES: (A) All fees are non-refundable. (B) Fee estimates upon request. M S:\Development\BUILDING\Forms-Templates-Signs\Fee_Schedule_Building_Division_081815.docx (Current format Building Division fee schedule change history by Resolution - R13-048, R13-103, R14-014, R15-091) Page 69 of 1203 BUILDING DIVISION FEES Page 5 of 4 Page 70 of 1203 6.C. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Motion to approve the vehicles/equipment submitted by Fleet Maintenance Division for disposal using various means such as J J Kane on-line auc tion and GovDeals.com. Explanation of R equest: Fleet Maintenance D ivision is submitting thirty -three (33) items to be disposed at auction utilizing various means. These proc eeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance D ivision has verified that the vehic les are no longer of use and has c ompleted all proper documentation for disposal and requests City Commission’s review, evaluation and approval to sell the surplus vehicles/equipment. How will this affect city programs or services? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items, and allow the Finance D epartment to remove the items from the City’s fixed asset records. Fiscal Impact: Non-budgeted The revenue generated from the sale of surplus vehicles/equipment will be plac ed in the Fleet Maintenance Fund, and credited to ac count # 501-0000-365.01-00. The funds are use for the future proc urement of vehicles/equipment. Alternatives: To hold public auction with staff whic h has been done in the past, but after expenses, it was not in the best interest of the C ity. Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? No G rant Amount: Contracts Page 71 of 1203 Vendor Name: Various Start Date: End Date: Contract Value: Minority Owned C ontractor?: No Extension Available?: No Extension Explanation: AT TAC H ME N TS : Type Desc ription Attachment Surplus Units List J une 2020 Page 72 of 1203 Department VIN #Unit #Vehicle Type Yr.Reason for surplus Original Cost Streets 2FZHATBS11AJ35416 46 Sterling 12 yd dump truck 2001 Dash broken, not operational $66,168.00 Facilities 1GBDS14E688229212 621 Chevy Colorado 2008 Met life expectancy $19,108.00 Building 1FMEU62E36UB03111 767 Ford Explorer 2006 Oil leaks/Met life expectancy $18,893.00 Fire 3GNGK26K58G229320 846 Chevy Sububan 2008 Met life expectancy $34,394.00 Parks 1FTSF30506EC45672 1139 Ford F-350 2006 Met life expectancy $21,832.00 Utilities 1GBHSBDEXA8129059 2006 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE4A8129008 2007 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE6A8128829 2008 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDEXA8128073 2014 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE4A8128831 2015 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE5A8128756 2016 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE9A8129005 2020 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE8A8129190 2025 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GBHSBDE6A8128524 2030 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GCHG396091136353 2910 Chevy cargo van w/camara system 2009 Met life expectancy $98,960.00 Police 1FAHP3EN4AW132882 3024 Ford Focus 2010 Met life expectancy $11,547.00 Police 1FAHP3EN2AW132881 3025 Ford Focus 2010 Met life expectancy $11,547.00 Police 3FA6P0G72DR283022 3312 Ford Fusion 2013 Met life expectancy $18,862.00 Police 3FA6P0G76DR279913 3314 Ford Fusion 2013 Met life expectancy $18,862.00 Recreation 2FAFP71W26X138298 3607 Ford Crown Vic 2006 Met life expectancy $24,014.00 Police 1FAHP34N39W116072 3857 Ford Focus 2009 Met life expectancy $11,429.00 Police 1GNLC2E06DR293484 4352 Chevy Tahoe 2013 Wrecked/Met life expectancy $31,274.00 Police 1FAHP2MK5EG178657 4453 Ford Police Interceptor Sedan 2014 Met life expectancy $31,877.00 Police 1FAHP2MK8EG178653 4457 Ford Police Interceptor Sedan 2014 Met life expectancy $31,877.00 Police 1FAHP2MK7FG196532 4538 Ford Police Interceptor Sedan 2015 Met life expectancy $33,619.00 Vehicle Surplus List June 2020 Page 73 of 1203 Police 2FAFP71W06X138302 4640 Ford Crown Vic 2006 Met life expectancy $24,959.00 Police 2FAFP71W27X135001 4731 Ford Crown Vic 2007 Met life expectancy $21,846.00 Police 4FPFB1218WG027019 4900 Pace enclosed trailer 1998 Met life expectancy $2,500.00 Police 1GCJK73669F104140 4926 Chevy 3500 pick-up truck 4X4 2009 Rusty/Met life expectancy $34,014.00 Parks 1GCCSBDE4A8128737 5008 Chevy Colorado 2010 Met life expectancy $18,871.00 Facilities 1GCCSBDE5A8128133 6000 Chevy Colorado 2010 Met life expectancy $18,871.00 Utilities 1GCCSBDE1A8128453 6001 Chevy Colorado 2010 Met life expectancy $18,871.00 Police GSSVC206E303 Boat Seaswirl Boat 2003 Police inound N/A Page 74 of 1203 6.D. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed R esolution No. R20-062 - A uthorize the City Manager to sign an Agreement with Florida Tec hnical Consultants, LLC. of Boy nton Beac h, FL as a result of RF Q No.007-2821-20/TP for Geographic I nformation S ervices (GI S) Engineering S ervices to be exec uted based on individual task orders in complianc e with the C ity’s purchasing policies and proc edures. Explanation of R equest: Term of agreement: two (2) years from execution of contract with three (3) additional one (1) y ear renewal periods. On J une 2, 2020 the City Commission approved the rec ommendation of the Evaluation Committee and authorized staff to conduct negotiations with the first ranked firm, Florida Tec hnical Consultants, LLC. to establish c ontrac t agreements for ongoing services (GI S) Engineering Servic es. Emphasis was placed on the Sc hedule of Professional Fees to solidify hourly rates for the initial contract period. Based on c omparison of fees to industry standard, negotiation sessions with the firms was deemed unnecessary. As a result, the c ontac t, inc luding the Scheduled of Professional Fees, as attached will be fixed and firm for at least the initial two (2) y ear period. The c ontrac t may be renewed for three (3) additional one (1) y ear periods. I ndividual task orders will be generated at the time specific projec ts are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of each task. Task orders will be submitted to the C ommission for approval in ac cordanc e with the C ity’s Purc hasing Policies and Procedures. How will this affect city programs or services? This agreement will provide the issuanc e of task orders in connection with projec ts for on-going GI S E ngineering Services to update and correc t the existing GI S database used to enhanc e City -wide operations. I ndividual task orders in excess of $35,000 will be brought back to Commission for approval in accordanc e with Purchasing Policies and P roc edures. Fiscal Impact: Budgeted The costs of the individual task orders will be paid from approved C I P budgets or other budget sourc es within the City’s adopted budget. Alternatives: D o not approve the c ontract and re-issue the RF Q. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 75 of 1203 Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving Agreement with Florida Technic al Consultants for GI S Engineering Servic es Agreement Areement with Florida Technic al Consultants Page 76 of 1203 S:\CA\RESO\Agreements\Agreement with Florida Technical Consultants (GIS) - Reso.docx RESOLUTION NO. R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN AN AGREEMENT WITH FLORIDA 5 TECHNICAL CONSULTANTS, LLC. OF BOYNTON BEACH, FL 6 AS A RESULT OF RFQ NO.007-2821-20/TP FOR GEOGRAPHIC 7 INFORMATION SERVICES (GIS) ENGINEERING SERVICES 8 TO BE EXECUTED BASED ON INDIVIDUAL TASK ORDERS IN 9 COMPLIANCE WITH THE CITY’S PURCHASING POLICIES 10 AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on June 2, 2020 the Commission approved the recommendation of 13 the Evaluation Committee and authorized staff to conduct negotiations with the first 14 ranked firm, Florida Technical Consultants, LLC. to establish an agreement for ongoing 15 (GIS) Engineering Services; and 16 WHEREAS, this Agreement will provide the issuance of task orders in connection 17 with projects for on-going GIS Engineering Services to update and correct the existing 18 GIS database used to enhance City-wide operations and any task orders in excess of 19 $35,000 will be brought back to Commission for approval in accordance with Purchasing 20 Policies and Procedures; and 21 WHEREAS, the Agreement, including the Scheduled of Professional Fees will be 22 fixed and firm for at least the initial two (2) year period and may be renewed for three (3) 23 additional one (1) year periods; and 24 WHEREAS, the City Commission of the City of Boynton Beach upon 25 recommendation of staff, deems it to be in the best interest of the citizens and residents to 26 approve and authorize the City Manager to sign an Agreement with Florida Technical 27 Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821-20/TP for 28 Geographic Information Services (GIS) Engineering Services to be executed based on 29 individual task orders in compliance with the City’s purchasing policies and procedures. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 31 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33 as being true and correct and are hereby made a specific part of this Resolution upon 34 adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, 36 Page 77 of 1203 S:\CA\RESO\Agreements\Agreement with Florida Technical Consultants (GIS) - Reso.docx hereby approves and authorizes the City Manager to sign an Agreement with Florida 37 Technical Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821-38 20/TP for Geographic Information Services (GIS) Engineering Services to be executed 39 based on individual task orders in compliance with the City’s purchasing policies and 40 procedures. A copy of the Agreement is attached hereto and incorporated herein as 41 Exhibit “A”. 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this _____ day of July, 2020. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor – Steven B. Grant _____ _____ 48 49 Vice Mayor – Ty Penserga _____ _____ 50 51 Commissioner – Justin Katz _____ _____ 52 53 Commissioner – Woodrow L. Hay _____ _____ 54 55 Commissioner – Christina L. Romelus _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) 66 Page 78 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-1 Revised 6/2020 – FL Technical Consultant LLC GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as “CITY”, and FLORIDA TECHNICAL CONSULTANTS, LLC, hereinafter referred to as “CONSULTANT”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a Request for Qualifications for GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES, RFQ No. 007-2821-20/TP; and WHEREAS, RFQ No. 007-2821-20/TP defined Scope of Services as GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on JULY 7, 2020, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform Geographic Information System (GIS) Engineering Services by way of individual task order(s) / written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project, which may be assigned to CONSULTANT, is set forth on Exhibit “ A ”. Page 79 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-2 Revised 6/2020 – FL Technical Consultant LLC The CITY’s Representative during the performance of this Contract shall be Waneya Bryant, Manager Asset Management System _telephone (561) 742- 6427_. The CONSULTANT’S Representative during the performance of the Contract shall be _________________telephone______________. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of two (2) years, commencing on the date this contract is last signed by the City or Consultant. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY’s discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a task order signed by the City and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit “A ” attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. Page 80 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-3 Revised 6/2020 – FL Technical Consultant LLC d. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in the negotiated value of each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY’S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub-CONSULTANT shall not be included in direct costs as the direct mark-up is applied for management efforts. e. In certain cases where incremental billing for partially completed work is permitted by the City’s representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. f. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Cost of services for any extension period of the contract shall be as agreed to by the City and CONSULTANT and reflected in a contract addendum. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Consultant, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT’s endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY’s sole risk and without liability to CONSULTANT and CONSULTANT’S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT’s services shall meet a standard of care for Geographic Information System (GIS) Engineering Services as they relate to the utility GIS System located at various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for Page 81 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-4 Revised 6/2020 – FL Technical Consultant LLC Geographic Information System (GIS) Engineering Services practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney’s fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT’s own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker’s Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage Page 82 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-5 Revised 6/2020 – FL Technical Consultant LLC shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non- owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY’s written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a “tail coverage” in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only Page 83 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-6 Revised 6/2020 – FL Technical Consultant LLC ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT’s most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Page 84 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-7 Revised 6/2020 – FL Technical Consultant LLC ARTICLE 15 - ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 – TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 – UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an Page 85 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-8 Revised 6/2020 – FL Technical Consultant LLC uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Procurement Services Attn: Director of Finance 100 E Ocean Avenue Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Consultant: Florida Technical Consultants, LLC ADDRESS: 533 East Ocean Avenue, Suite #2 CITY/STATE/ZIP: Boynton Beach, FL 33435-4922 Attn: James Barton, P.E. LEED AP, President Tel: 954-914-8488 Fax: Email: jbarton@fltechinc.com ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State’s subdivisions by state law. Page 86 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-9 Revised 6/2020 – FL Technical Consultant LLC 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY’s liability for costs and attorney’s fees, however, shall not alter or waive CITY’s entitlement to sovereign immunity, or extend CITY’s liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 – PUBLIC RECORDS 23.1 Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida’s Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT’S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. Page 87 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-10 Revised 6/2020 – FL Technical Consultant LLC E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US ARTICLE 24 – SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to CONSULTANT of the City's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 88 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-11 Revised 6/2020 – FL Technical Consultant LLC “This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes.” IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ _________________________ CITY Manager CONSULTANT Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) CITY Clerk Approved as to Form: Attest/Authenticated: ________________________________ _______________________________ Office of the CITY Attorney Secretary Page 89 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services C-12 Insurance Advisory City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of consultants, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Consultant's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Consultants Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 90 of 1203 Boynton Beach Utilities – Geographic Information System (GIS) Engineering Services Exhibit “A” C-13 EXHIBIT “A” FEE SCHEDULE FIRM: FLORIDA TECHNICAL CONSULTANTS DATE: June 4, 2020 PERSONNEL CLASSIFICATIONS HOURLY RATE Principal $145 Project Manager $135 Senior Professional Engineer $135 Project Engineer $125 GIS Field Coordinator $125 Senior GIS Analysis $120 Project GIS Analyst $115 Junior Engineer $115 GIS Analyst $110 Field Technician $95 CAD Technician $95 Clerical $60 Page 91 of 1203 6.E. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Accept the written report to the Commission for purc hases over $10,000 for the month of May 2020. Explanation of R equest: Per Ordinanc e No.01-66, C hapter 2, Section 2-56.1 E xc eptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the C ity Manager ’s absence, the Acting City Manager is authorized to execute a purc hase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, c ommodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the sec ond Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting C ity Manager. Below is a list of the purc hases for May 2020: Purchase O rder #Vendor Amount 201150 Steril-Koni US A $23,816.95 201154 Flooring S F $13,114.73 201160 ERM Protec t $10,000.00 201161 Lowe’s Home I mprovement W arehouse $21,199.97 201165 Prec ision Contracting S ervices $12,440.00 201180 W ilkerson I nstrument Co.$14,181.60 201187 Trane (W est Palm Beac h)$33,000.00 201207 Graybar Electric Company $18,306.60 201210 Merc ury Assoc iates $24,660.00 How will this affect city programs or services? Ordinanc e No.01-66, C hapter 2, Sec tion 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special proc essing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the D epartment Director, Financ e Department, and City Manager. Fiscal Impact: Budgeted This Ordinance provides the impact of reduc ing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduc e the administrative overhead of processing for approval, and allow for making more timely purchases. Alternatives: None Strategic Plan: Page 92 of 1203 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Attachment Attachment Attachment Attachment Page 93 of 1203 1.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/8/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 2.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/8/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 3.Vendor:Purchase Amount: Requesting Department: Contact Person: Date: 5/12/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 4.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/12/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 5.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/13/2020 Brief Description of Purchase: Source for Purchase: Fund Source: Project # CP0266 $12,440.00 Engineering Adrianna Arencibia Lowe's Home Improvement Warehouse Three Quotes 303-4116-580-62-03 New appliances for the Police Department, City Hall, Fire Department, and Cultural Center. Three Quotes 001-2110-521-49-17 $21,199.97 Relocating conduits underground on High Ridge Rd. and Gateway Blvd. Project # GG2004 ERM Protect $10,000.00 ITS Marty Stevens Security investigation and remediation services for the City's network and server infrastructure. Emergency Purchase 001-1510-513-49-17 Precision Contracting Services Police Zeneta Stafford Flooring SF $13,114.73 Purchase of two additional mobile lift columns to match existing set. NJPA/Sourcewell #061015-SKI Installation of new vinyl flooring and baseboard at Public Works. Piggyback Palm Beach County Bid #18055A CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MAY 2020 Steril-Koni USA $23,816.95 501-2516-519-64-02 Facilities Gail Mootz Fleet Bill Darty 303-4905-580-63-08 Page 1 Page 94 of 1203 6.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/14/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 7.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/18/2020 Brief Description of Purchase: Source for Purchase: Fund Source:401-2805-536-49-17 8.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/26/2020 Brief Description of Purchase: Source for Purchase: Fund Source: Project # SW2001 9.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/27/2020 Brief Description of Purchase: Source for Purchase: Fund Source: Graybar Electric Company $18,306.60 Warehouse Jen Paciello For the creation of manuals for Policies and Procedures, SOP's, and SLA's. NCPA 05-29 501-2516-49-17 Warehouse stock order of electrical items, including: backup pump controller, SCADA mixed I/O module, onboard power supply for SCADA, and voltage monitor. Sole Source 502-0000-141-01-00 $14,181.60 Warehouse Jen Paciello $24,660.00 Fleet Bill Darty Mercury Associates Replacement control panel and back panel for Utility Pumping. Three Quotes 403-5000-535-6504 Maintenance contract for all Trane equipment at the Central Energy Plant. All equipment is from Trane and will be installed by Trane. Sole Source Trane (West Palm Beach)$33,000.00 Utilities Melissa Roberts Wilkerson Instrument Co. 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Page 330 of 1203 Page 331 of 1203 Page 332 of 1203 Page 333 of 1203 Page 334 of 1203 Page 335 of 1203 Page 336 of 1203 Page 337 of 1203 Page 338 of 1203 Page 339 of 1203 Page 340 of 1203 Page 341 of 1203 Page 342 of 1203 Page 343 of 1203 Page 344 of 1203 Page 345 of 1203 Page 346 of 1203 Page 347 of 1203 Page 348 of 1203 Page 349 of 1203 Page 350 of 1203 Page 351 of 1203 Page 352 of 1203 Page 353 of 1203 Page 354 of 1203 Page 355 of 1203 Page 356 of 1203 Page 357 of 1203 Page 358 of 1203 1.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/8/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 2.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/8/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 3.Vendor:Purchase Amount: Requesting Department: Contact Person: Date: 5/12/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 4.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/12/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 5.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/13/2020 Brief Description of Purchase: Source for Purchase: Fund Source: Project # CP0266 $12,440.00 Engineering Adrianna Arencibia Lowe's Home Improvement Warehouse Three Quotes 303-4116-580-62-03 New appliances for the Police Department, City Hall, Fire Department, and Cultural Center. Three Quotes 001-2110-521-49-17 $21,199.97 Relocating conduits underground on High Ridge Rd. and Gateway Blvd. Project # GG2004 ERM Protect $10,000.00 ITS Marty Stevens Security investigation and remediation services for the City's network and server infrastructure. Emergency Purchase 001-1510-513-49-17 Precision Contracting Services Police Zeneta Stafford Flooring SF $13,114.73 Purchase of two additional mobile lift columns to match existing set. NJPA/Sourcewell #061015-SKI Installation of new vinyl flooring and baseboard at Public Works. Piggyback Palm Beach County Bid #18055A CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MAY 2020 Steril-Koni USA $23,816.95 501-2516-519-64-02 Facilities Gail Mootz Fleet Bill Darty 303-4905-580-63-08 Page 1 Page 359 of 1203 6.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/14/2020 Brief Description of Purchase: Source for Purchase: Fund Source: 7.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/18/2020 Brief Description of Purchase: Source for Purchase: Fund Source:401-2805-536-49-17 8.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/26/2020 Brief Description of Purchase: Source for Purchase: Fund Source: Project # SW2001 9.Vendor:Purchase Amount: Requesting Department: Contact Person: Date:5/27/2020 Brief Description of Purchase: Source for Purchase: Fund Source: Graybar Electric Company $18,306.60 Warehouse Jen Paciello For the creation of manuals for Policies and Procedures, SOP's, and SLA's. NCPA 05-29 501-2516-49-17 Warehouse stock order of electrical items, including: backup pump controller, SCADA mixed I/O module, onboard power supply for SCADA, and voltage monitor. Sole Source 502-0000-141-01-00 $14,181.60 Warehouse Jen Paciello $24,660.00 Fleet Bill Darty Mercury Associates Replacement control panel and back panel for Utility Pumping. Three Quotes 403-5000-535-6504 Maintenance contract for all Trane equipment at the Central Energy Plant. All equipment is from Trane and will be installed by Trane. Sole Source Trane (West Palm Beach)$33,000.00 Utilities Melissa Roberts Wilkerson Instrument Co. 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C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: City Staff rec ommends approval of rent abatement for Ultimate Bakery & Pastry for operation of c oncessions at Turtle Café at Oceanfront Park for March, A pril and May 2020, during which time Turtle C afé was not operational as Oc eanfront Park was closed due to C OV I D -19. Explanation of R equest: I n November 2016, the C ity entered into a two y ear lease agreement with Ultimate Bakery & Pastry to provide snack bar conc essions at Oc eanfront Park (R16-133). The agreement allows for three (3) additional one y ear renewals. On March 20, 2020, Oc eanfront Park was c losed to the public due to C OV I D -19. This caused Ultimate Bakery & Pastry to cease operations of Turtle C afé. Therefore, Ultimate Bakery & Pastry is requesting rent abatement from March 2020 thru the end of the c urrent contract, which expires on October 31, 2020. Oc eanfront P ark re-opened on May 18, 2020, whic h allowed Ultimate Bakery & P astry to resume operations of the Turtle Café. Therefore, City Staff recommends approving rent abatement for the months that c oincide with the closure of Oc eanfront Park, which are March, April and May 2020. How will this affect city programs or services? No affect on City programs or servic es. Fiscal Impact: Budgeted Ultimate Bakery & Pastry lease agreement for Turtle Café totals $7,200.00 in revenue annually ($600 monthly pay ments). The impact of the abatement of rent pay ments for March, April and May equals $1,800.00, reducing the anticipated revenue for the year to $5,400.00. Alternatives: Approve abatement of rent pay ments thru the end of contract in Oc tober, as requested by vendor. No approval of rent abatement. Strategic Plan: Strategic Plan Application: N/A Climate Action: N o Climate Action Discussion: Is this a grant? No Page 624 of 1203 G rant Amount: Contracts Vendor Name: Ultimate Bakery & Pastry Start Date: 11/1/2019 End Date: 10/31/2020 Contract Value: 7,200.00 Minority Owned C ontractor?: No Extension Available?: Yes Extension Explanation: The original lease agreement is for a two year period from November 1, 2016 through October 31, 2018, with an option to renew for three additional one year periods, with the final renewal option expiring on October 31, 2021. AT TAC H ME N TS : Type Desc ription Letter Ultimate Bakery & Pastry Request Letter Agreement Ultimate Bakery & Pastry Lease Agreement Agreement Ultimate Baskery & Pastry Renewal Agreement Page 625 of 1203 Page 626 of 1203 Page 627 of 1203 Page 628 of 1203 Page 629 of 1203 Page 630 of 1203 Page 631 of 1203 Page 632 of 1203 Page 633 of 1203 6.G. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: City S taff rec ommends approval of rent abatement for Ultimate Bakery & Pastry for operation of the conc ession at The Links at Boy nton Beach Golf C ourse (The Links) for March and April, during whic h time The Links was closed due to C OV I D-19. Explanation of R equest: I n November 2015, the C ity entered into a two y ear lease agreement with Ultimate Bakery & Pastry to provide snack bar c oncessions at The Links (R15-126). The agreement allows for three (3) additional one y ear renewals. On Marc h 25, 2020, The Links was c losed to the public due to C OV I D-19. This caused Ultimate Bakery & Pastry to cease operations of the c oncession. Therefore, Ultimate Bakery & Pastry is requesting rent abatement from March 2020 thru the end of the c urrent contract, which expires on October 31, 2020. The Links re-opened on May 4, 2020, whic h allowed Ultimate Bakery & Pastry to resume operations of the conc ession, therefore, C ity Staff recommends approving rent abatement for the months that coinc ide with the closure of the Links, which are Marc h and A pril 2020. How will this affect city programs or services? No affect on City programs or servic es. Fiscal Impact: Budgeted Ultimate Bakery & Pastry lease agreement for The Links conc ession totals $8,000.00 in revenue annually ($666.67 monthly pay ments). The impact of the abatement for March and April 2020 equals $1,333.33, reducing the anticipated revenue for the y ear to $6,666.67. Alternatives: Approve abatement of rent pay ments thru the end of contract in Oc tober, as requested by the vendor. No approval of rent abatement. Strategic Plan: Strategic Plan Application: N/A Climate Action: N o Climate Action Discussion: N/A Is this a grant? No Page 634 of 1203 G rant Amount: Contracts Vendor Name: Ultimate Bakery & Pastry Start Date: 11/1/2019 End Date: 10/31/2020 Contract Value: $7,200.00 Minority Owned C ontractor?: No Extension Available?: Yes Extension Explanation: The original lease agreement is for a two year period from November 1, 2015 through October 31, 2017, with an option to renew for three additional one year periods, with the final renewal option expiring on October 31, 2020. AT TAC H ME N TS : Type Desc ription Letter Ultimate Bakery & Pastry Request Letter Addendum The Links Concession Lease Agreement Agreement Lease Renewal 2019-2020 Page 635 of 1203 Page 636 of 1203 Page 637 of 1203 Page 638 of 1203 Page 639 of 1203 Page 640 of 1203 Page 641 of 1203 Page 642 of 1203 Page 643 of 1203 Page 644 of 1203 Page 645 of 1203 Page 646 of 1203 Page 647 of 1203 6.H. C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed R esolution No. R20-063 - A uthorize the City Manager to sign an equipment purc hase and one year subsc ription agreement and addendum with Granicus in the amount of $16,302.00 for streaming and live voting services in the new City Hall Commission Chambers. Explanation of R equest: Granicus streaming services provides seamless integration with NovusAgenda, the software the C ity uses for preparing agendas for commission meetings. This will aid in the City's efforts toward greater transparenc y and ac cessibility to the public. I t is also part of the solution for producing more professional quality video produc tion of Commission Meetings, as well as other public meetings. How will this affect city programs or services? This purchase will allow the C ity to steam live Commission Meetings as well as previous meetings from the C ity's website. The streaming servic e will inc lude a c opy of the meeting agenda so viewers can read it while they are watching the meeting. Fiscal Impact: Budgeted Alternatives: C ontinue with existing meeting recording and streaming servic es. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No G rant Amount: Contracts Vendor Name: Granic us Start Date: 7/7/2020 Page 648 of 1203 End Date: 7/6/2021 Contract Value: $16,302.00 Minority Owned C ontractor?: No Extension Available?: Extension Explanation: AT TAC H ME N TS : Type Desc ription Resolution Resolution Approving Subsc ription Agreement & Addendum with Granicus Addendum Granicus Addendum Agreement Granicus Proposal Page 649 of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¶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age 650 of 1203 6 ?&$?5(62?$JUHHPHQWV?$JUHHPHQWZLWK*UDQLFXV//& OLYHYRWLQJVHUYLFHVFKDPEHUV 5HVRGRF[ KHUHE\DSSURYHV DQGDXWKRUL]HV WKH&LW\0DQDJHUWRVLJQDQHTXLSPHQWSXUFKDVHDQGRQH \HDUVXEVFULSWLRQDJUHHPHQWDQGDGGHQGXPZLWK*UDQLFXVLQWKHDPRXQWRI IRUVWUHDPLQJDQGOLYHYRWLQJVHUYLFHVLQWKHQHZ&LW\+DOO&RPPLVVLRQ&KDPEHUV$ FRS\ RIWKHVLJQHG 6XEVFULSWLRQ $JUHHPHQW DQG $GGHQGXP DUH DWWDFKHG KHUHWR DQG LQFRUSRUDWHGKHUHLQDV([KLELW³$´ 6HFWLRQ7KDWWKLV5HVROXWLRQVKDOOEHFRPHHIIHFWLYHLPPHGLDWHO\ 3$66('$1'$'237('WKLVBBBBBGD\RI-XO\ &,7<2)%2<1721%($&+)/25,'$ <(6 12 0D\RU±6WHYHQ%*UDQWBBBBB BBBBB 9LFH0D\RU±7\3HQVHUJD BBBBB BBBBB &RPPLVVLRQHU ±-XVWLQ.DW]BBBBB BBBBB &RPPLVVLRQHU±:RRGURZ/+D\BBBBB BBBBB &RPPLVVLRQHU±&KULVWLQD/5RPHOXV BBBBB BBBBB 927(BBBBBB $77(67 BBBBBBBBBBBBBBBBBBBBBBBBBBBBB &U\VWDO*LEVRQ00& &LW\&OHUN &RUSRUDWH6HDO Page 651 of 1203 1 {00381435.2 306-9001821} ADDENDUM TO PROPOSAL AND MASTER SUBSCRIPTION AGREEMENT This Addendum (“this Addendum”) amends that certain Proposal and Master Subscription Agreement referenced therein by and between the City of Boynton Beach, FL (hereinafter referred as “City”) and Granicus, LLC., a foreign limited liability corporation (hereinafter referred to as “GRANICUS”) entered into contemporaneously herewith and effective thereon, as follows: For purposes of this Addendum, the Agreement shall mean and include this (I) Addendum, (II) The Master Subscription Agreement and all exhibits attached thereto; and (III) the Proposal (hereinafter collectively referred to as “Agreement”). The purpose of this Addendum is to incorporate new content into the Agreement between the City and GRANICUS. To the extent that any of the terms or conditions contained in this Addendum may contradict or conflict with any of the terms or conditions contained in the Agreement, and any other attachments provided to City, as applicable, the terms of this Addendum shall take precedence over all of the foregoing. Effective as of the effective date of the Agreement, the following sections shall be added to the Agreement: 1. Limitation of Liability. Notwithstanding any provision of the Agreement or this Addendum, City shall not be liable or responsible to GRANICUS beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., as amended, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to GRANICUS for punitive or exemplary damages or for lost profits or consequential damages. In no instance shall GRANICUS’ liability under the Agreement or this Addendum exceed the fees paid by the City for the GRANICUS products and services during the six (6) months immediately preceding the date the City provides written notice to GRANICUS of a claim for damages. 2. Attorneys’ Fees. In the event of litigation which arises out of, or pertains to, or relates to the Agreement or this Addendum, or the breach thereof, or the services provided herein, or the standard of performance herein required, each party shall be responsible for its own attorney’s fee. 3. Compliance with Laws. GRANICUS shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Boynton Beach and of any other public authority, which may be applicable to this Agreement. 4. Disputed Payments. The City shall not be charged any costs, fees, charges, or expenses for payments amounts which have been disputed by the City within thirty (30) day from the date of invoice until such time as a resolution has occurred between the parties for the disputed payments or portions thereof. 5. Public Records. The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes, notwithstanding any agreement to maintain Confidential Information. GRANICUS shall comply with Florida’s Public Records Law. Specifically, GRANICUS shall: Page 652 of 1203 2 {00381435.2 306-9001821} Keep and maintain public records required by the City to perform the service; Upon request from the City’s custodian of public records, provide the City with a copy of the Page 653 of 1203 3 {00381435.2 306-9001821} requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, GRANICUS shall destroy all copies of such confidential and exempt records remaining in its possession after GRANICUS transfers the records in its possession to the City; and Upon completion of the contract, GRANICUS shall transfer to the City, at no cost to the City, all public records in GRANICUS’s possession. All records stored electronically by GRANICUS must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. The failure of GRANICUS to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement, for which, the City may terminate the Agreement. IF GRANICUS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO GRANICUS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 6. Records and Audit. City reserves the right to audit the records of GRANICUS relating to this Agreement any time during the performance and term of the Agreement and for a period of three (3) years after termination of the Agreement. If required by City, GRANICUS shall agree to submit to an audit by an independent certified public and review the records of GRANICUS at any and all times during normal business hours during the term of this Agreement. GRANICUS shall preserve and make available for inspection by City personnel, or by personnel duly authorized by City, computer date and other records related to the services provided under this Agreement. The records will be made available during normal business, hours upon twenty-four (24) hours notice by the City. 7. Scrutinized Companies. GRANICUS agrees to: Page 654 of 1203 4 {00381435.2 306-9001821} a. Comply with Section 287.135, Florida Statutes, which prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, GRANICUS is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Syria. The boycott Israel list is created pursuant to 215.4725, Florida Statutes and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. b. As the person authorized to sign on behalf of GRANICUS, I hereby certify that GRANICUS is not participating in a boycott of Israel, on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Syria. I understand and agree that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Syria will be cause for the City to terminate this Agreement at the option of the City. In addition, GRANICUS may be subject to civil penalties, attorney’s fees, and/or costs. 8. Choice of Law. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County without regard to its conflicts of law. The parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Palm Beach or the Federal District Court with subject matter jurisdiction and encompassing the County of Palm Beach, Florida. Each party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. 9. Conflict of Interest. GRANICUS covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this agreement has any personal financial interests, direct or indirect, with city. GRANICUS further covenants that, in the performance of this agreement, no person having such conflicting interest shall be employed, any such interests, on the part of GRANICUS or its employees, must be disclosed in writing to City. GRANICUS is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues (2019), as amended, agrees that it will fully comply in all respects with terms of said laws. GRANICUS warrants that it has not employed or retained any person employed by City to solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by city any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. 10. Ethics Disclosure. GRANICUS warrants that no elected official, officer, agent or employee of the City has financial interest directly or indirectly in this contract or the compensation to be paid under it, and further, that no city employee who acts in the City of Boynton Beach as Page 655 of 1203 5 {00381435.2 306-9001821} a “purchasing agent” as defined by §112.312(20), Florida Statutes, nor any elected or appointed officer of the City of Boynton Beach, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer director, or proprietor of GRANICUS, and further, that no such city employee purchasing agent, city elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in GRANICUS. Material interest means direct of indirect ownership of more than five (5) percent of the total assets or capital stock of GRANICUS. 11. Indemnity. GRANICUS shall indemnify and hold harmless City, and its elected and appointed officers, the officers, directors, employees, agents and other consultants of each of them, from and against any and all claims, fines, fees, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent directly caused by the gross negligence, recklessness, or intentional wrongful misconduct of GRANICUS and other persons employed or utilized by GRANICUS in the performance of this Agreement. GRANICUS agrees to indemnity, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. This indemnity includes but is not limited to claims attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property, including the Work itself, and including the loss of use resulting therefrom. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by GRANICUS from the City that such amount is due, be made by GRANICUS prior to the City being required to pay same, or in the alternative, the City, at the City’s option, may make payment of an amount so due and GRANICUS shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by GRANICUS of written notice from the City that such payment is due. GRANICUS agrees, at GRANICUS’ expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City’s option, may elect not to accept such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by GRANICUS. Additionally, if GRANICUS, after receipt of written notices from the City, fails to make any payment due hereunder to the City, GRANICUS shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from GRANICUS. Nothing contained herein is intended nor shall it be construed to waive the City’s rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City’s favor. Page 656 of 1203 6 {00381435.2 306-9001821} 12. Termination for Non-Appropriation of Funds. Notwithstanding any other provision of this Agreement, the City shall not be obligated for GRANICUS’ performance hereunder or by any provision of this Agreement during any of the City’s future fiscal years unless and until the City Commission appropriates funds for this Agreement in the City’s Budget, or any amendment thereto, for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for which funds were appropriated. The City shall notify the GRANICUS in writing of any such non-allocation of funds at the earliest possible date. 13. Nondiscrimination and Equal Opportunity Employment. During the performance of this agreement, GRANICUS shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. 14. Convicted Vendor List. GRANICUS represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. GRANICUS acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a GRANICUS, supplier, subcontractor or GRANICUS under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, for Category Two for a period of THIRTY-SIX (36) months from the date of being placed on the convicted vendor list. 15. Non-exclusivity. The services provided pursuant to the Agreement shall be non-exclusive. 16. Consideration Adequate. The parties acknowledge that there is adequate consideration to enforce each and every provision of the Agreement. 17. Modification. Except as specifically amended or modified herein, the terms and provisions of the Agreement remain unchanged. No future amendment, modification to the Agreement shall affect the terms and conditions contained in this Addendum without specific reference to this Addendum and approved by both parties, in writing. 18. Tax Exempt. GRANICUS and City agree that City is a tax exempt entity and not subject to the payment of taxes under the Agreement. Page 657 of 1203 7 {00381435.2 306-9001821} IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the effective date of the Agreement. CITY OF BOYNTON BEACH GRANICUS, LLC. By: By: Print Name: Print Name: Title: Title: Date: Date: REVIEWED AND APPROVED BY: James A. Cherof, City Attorney Page 658 of 1203 Page 659 of 1203 Page 660 of 1203 Page 661 of 1203 Page 662 of 1203 Page 663 of 1203 Page 664 of 1203 6.I . C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Approve the rec ommendation of the Evaluation C ommittee and authorize staff to c onduct negotiations with the first ranked firm, A B M I ndustries, I nc. and establish a contract in ac cordance with the Request for Qualifications (RF Q) No. 009-2511-20/RW for Town Square / City Facilities Maintenanc e Services. At the completion of the negotiations, the C ontrac t will be brought back to the Commission for approval. Explanation of R equest: On April 29, 2020, P roc urement Services rec eived and opened three (3) proposals in response to the RF Q for Town Square / C ity Facilities Maintenanc e S ervices, which were reviewed by P urc hasing Servic es to ensure the proposals met the RF Q’s minimum requirements. Two (2) proposals were deemed responsive, one (1) unresponsive and two (2) responsive proposals were forwarded to the E valuation Committee for review. The Evaluation Committee c onsisting of Colin Groff, Assistant City Manager P ublic Servic es; Andrew P. Mac k, Director of Public W orks and Engineering; and J oseph Paterniti, Utilities D irec tor reviewed and ranked the proposals. The Evaluation Committee agreed to short-list the top two (2) ranked firms: A B M I ndustries, I nc. and C omplete Property Development. On J une 24, 2020 the Evaluation Committee was unanimous in their decision to forgo oral presentations and rec ommend the final rankings and proceed in negotiation of a Contract with the number one (1) ranked firm, A B M I ndustries, I nc . How will this affect city programs or services? Approval of this request will allow City staff to begin negotiations with the top ranked firm AB M I ndustries, I nc . to develop a final scope of work and cost to operate, maintain, and manage all the City Fac ilities and Grounds within the Town Square project which includes City Hall/Library, Fire Station #1, C ultural Center, Museum, Amphitheater, Kapok Park, and Distric t Energy Plant. Fiscal Impact: Budgeted Funding is allocated for this project in the Public W orks Department, Facilities Division budget. Alternatives: D o not approve the recommendation and utilize a combination of staff and existing vendors. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 665 of 1203 Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Exhibit RF Q for Town S quare / C ity Facilities Maintenance Servic es Exhibit Addendum #1 Exhibit Addendum #2 Memo Recommendation Memo Addendum RF Q 009-2511-20_RW EvaluationSummary (4) Addendum RF Q 009-2511-20RW Evaluation Sc oreCard Addendum A B M-009-2511-20RW Proposal Addendum 01- A B M-BiddersQualificationStatement Addendum 02-A B M-Anti-Kic kbackAffidavit Addendum 03-A B M-Non-CollusionAffidavit Addendum 04-A B M-Diversity P artic ipation Addendum 05-A B M-Certific ationPursuanttoFlo Addendum 06-A B M-OrgChartandQuality C ontrol Addendum 07-A B M-C OB B P ersonnel(003) Addendum 08-A B M-Schedule_RF Q#009-2511-20 Page 666 of 1203 CITY OF BOYNTON BEACH REQUEST FOR QUALIFICATIONS (RFQ) FOR TOWN SQUARE / CITY FACILITIES MAINTENANCE SERVICES RFQ No. 009-2511-20/RW MANDATORY PRE-PROPOSAL CONFERENCE & SITE VISIT APRIL 08, 2020 AT 9:00 A.M. LOCATION: CITY OF BOYNTON BEACH CITY HALL 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 ONLINE SUBMISSIONS ONLY RFQ CLOSING DATE: APRIL 29, 2020 NO LATER THAN 2:30 P.M. Page 667 of 1203 Table of Contents 1 REQUEST FOR QUALIFICATIONS FOR TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES TABLE OF CONTENTS Scope of Services Information................................................................................................ 2 Section 1 – Definitions……………………………………………………………………. ............. 4 Section 2 – Scope of Services and Project Information………………………………. ............. 5 Section 3 – Instruction to Proposers......................................................................................10 Section 4 – Proposal Submission Requirements ...................................................................12 Section 5 – Evaluation of Proposals...................................................................................... 17 Section 6 – General Conditions for Proposers.......................................................................20 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Proposer’s Qualification Statement ………...........................................................................26 - 30 Anti-Kickback Affidavit........................................................................................................... 31 Non-Collusion Affidavit of Respondent ................................................................................. 32 Certification Pursuant to Florida STATUTE § 287.135………………………………………….33 DRAFT CONTRACT Draft Contract Agreement …………………………………………………………………………C-1 – C-10 Insurance Advisory Form …………………………………………………………………………. APPENDICES ………………………………………………………………………………………… Page 668 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 2 REQUEST FOR QUALIFICATIONS FOR TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES RFQ No. 009-2511-20/RW Electronic Requests for Qualifications (RFQ’s) shall be received by the bidding system up until: APRIL 29, 2020, No Later Than 2:30 PM (Local Time). Question Deadline: April 19, 2020, No Later Than 12:00 P.M. All RFQ’s will be publicly opened and only the names of the Proposers will be disclosed. RFQ’s received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System’s web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City’s ultimate objective is to select a firm that will develop scopes of work and verification protocols to maintain performance standards required at all facilities, inclusive of necessary capital planning and upgrades to existing facilities. The selected firm will provide a strong operations team, a strong technical support team, operate in compliance, improve maintenance, and provide efficiencies, all with guaranteed cost savings to the City. TERM OF CONTRACT The initial term of the contract shall be for five (5) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 3% for each extension may be approved by the City administration and does not require Commission approval PRE-PROPOSAL CONFERENCE: A Mandatory Pre-Proposal Conference and Site Visit will be held at 9:00 AM on April 08, 2020 at CITY OF BOYNTON BEACH CITY HALL, 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426. Attendance is mandatory. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the projected schedule, provide instructions for submitting qualifications, and discuss other relevant issues. In the event that any discussions or questions Page 669 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 3 at the pre-proposal meeting require, in the City’s opinion, official additions, deletions or clarifications of the solicitation, or any other document, the City will issue an addendum to this Request for Qualifications, as the City determines is appropriate. No oral representations or discussions taking place at the pre-proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre-proposal meeting should be submitted to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. CONE OF SILENCE: Pursuant to Palm Beach County Section 2-355, after the deadline to respond to this RFQ, members of the City Commission are prohibited from communicating directly or indirectly with proposers or respondents regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this “Cone of Silence” period may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this RFQ are to be submitted to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Page 670 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 4 SPECI AL INSTRUCTIONS TO PROPOSERS SECTION 1 - DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: 1.1 City: The City of Boynton Beach, Florida 1.2 Contract(s)/Purchase Order(s): The written agreement(s) entered into between the City and the awarded Proposer. 1.3 Evaluation/Selection Committee: City Staff and /or outside Consultant(s) assigned to evaluate the submitted proposals. 1.4 Procurement Services: The Procurement Services Section of the Department of Finance of the City of Boynton Beach. 1.5 Proposer: Any individual, firm or corporation submitting a response for this RFQ, acting directly or through a duly authorized representative. 1.6 “OPERATIONS TEAM”, “Provider”, “Bidder”, “Contractor”, “Successful Proposer” or “Firm”: The Proposer(s) awarded as a result of this Request for Qualifications (RFQ). Said terms may be used interchangeably while retaining the same meaning. 1.7 Qualifications/Proposal, Proposals, Responses or Submissions: Shall refer to any Offer(s) submitted in response to this Request for Qualifications (RFQ). 1.8 RFQ: Request for Qualifications 1.9 Sub-Contractor: Any person, firm, entity, or organization, other than the employees of the successful Proposer, who contract with the successful Proposer to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the successful Proposer. Page 671 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 5 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 009-2511-19/RW FOR “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES” SECTION 2 –SCOPE OF SERVICES AND PROJECT INFORMATION 2.1 INTRODUCTION The purpose of this Request for Qualifications (RFQ) is to solicit statements of qualifications from firms capable of maintaining the City’s general government buildings and grounds, including the new “Town Square”. The RFQ invites qualified firms to submit documents demonstrating their qualifications to provide the services described in this document. In issuing this RFQ, the City is seeking to ensure the overall performance and efficiency maintaining the municipal facilities and grounds by contracting with a firm having the technical and financial capabilities, experiences and resources to perform the required services. The City’s ultimate objective is to select a firm who will develop scopes of work and verification protocols to maintain performance standards required at all facilities, inclusive of necessary capital planning and upgrades to existing facilities. The selected firm will provide a strong operations team, a strong technical support team, operate in compliance, improve maintenance, and provide efficiencies, all with guaranteed cost savings to the City. BACKGROUND AND OBJECTIVES The City of Boynton Beach, located in Palm Beach County, Florida, is a full-service municipality serving a population of 75,000 citizens. The City currently operates and maintains municipal buildings at various locations within the City’s 16.5 square mile boundary. These include Police and Fire facilities, Recreation buildings, City Hall, and other City owned facilities. All services shall include all necessary labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and District Master Specifications Page 672 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 6 TERM The initial term of the contract shall be for five (5) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 3% for each extension may be approved by the City administration and does not require Commission approval TECHNICAL SPECIFICATIONS / SCOPE OF WORK 2.1 Ongoing Facilities Management: The City currently operates, maintains, and manages the Municipal Facilities and Grounds with a combination of City personnel and contractors. The selected Contractor will develop a comprehensive facilities management program to efficiently and cost effectively operate and maintain all City Facilities, including routine, preventative and on-call facility maintenance and management services. The service contracts resulting from this RFQ will require the Contractor to provide all operations and maintenance staff and be responsible for the following: 2.1.1 Janitorial and Maintenance Staffing The Contractor shall provide enough supervised staff for all aspects of facility management, cleaning and maintenance, and for all costs including hiring, training, and administering all personnel-related issues to complete the maintenance requirements at all City Facilities. Additionally, service levels shall provide the ability to respond immediately to situations involving the health and safety of employees or the public; comfort and operational capability of any public meeting space. Contractor shall also provide a full-time Manager. 2.1.2 Vehicles Contractor shall furnish and maintain Contractor owned vehicles and light duty service trucks to carry on daily operations. Contractor shall also be responsible to provide fuel for these vehicles. Page 673 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 7 2.1.3 Equipment Contractor shall be responsible for the acquisition, maintenance and repair of all equipment needed to perform the scope of work contracted by the City. 2.1.4 Supplies and Inventory Control Contractor shall be required to assist the City with the procurement and inventory control of all supplies and materials required to operate and maintain the municipal facilities and grounds. Contractor shall be responsible for the safe storage of all materials and equipment. The Contractor will be required to provide a formal theft prevention plan. 2.1.5 Litter Control The Contractor shall retrieve and dispose of all litter and debris on a daily basis. This shall include constant monitoring of the grounds during the hours of operation and disposing of all litter and debris as needed. 2.1.6 Electrical Systems Maintenance The Contractor shall provide highly skilled licensed labor capable of maintaining all electrical systems Citywide. Will require a plan for annual: testing of all switch gear, infrared scans on all electrical components and generator load bank tests. Contractor shall provide a written PM program and provide performance reports. 2.1.7 Heating-Ventilation-Air Conditioning (HVAC) Maintenance and Monitoring HVAC services shall be provided without interruption throughout City Facilities. The Contractor’s maintenance and operations responsibility f or HVAC service always extends throughout all mechanical systems within the facilities and that heating ventilating or air conditioning service is required. All cleaning, testing, full-service maintenance shall be done at Contractor’s sole cost and expense. 2.1.8 Landscape Maintenance The Contractor will be responsible for all maintenance of the exterior grounds of the facilities, including signage, landscaping, parking lot lightning and parking areas, the grass, mulch and shrubs must always be maintained and/or replaced to enhance the current landscaping theme. The Contractor will be responsible for providing all equipment necessary including but not limited to blowers, mowers, weed-eaters, rakes, shovels, and other equipment and supplies. The Contractor shall have a state pesticide Page 674 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 8 license. Contractor shall also be responsible for performing monthly wet checks of irrigation systems including routine repairs. 2.1.9 Other Facilities Services Contractor and City of Boynton Beach may agree to contract other facility-related service or product the Contractor feels might be beneficial to City 2.2 Capital Improvements Planning, Management and Sustainability: The City intends that the selected Contractor will play a key role in both the development and management of the ongoing capital improvements planning and management process for the municipal facilities and grounds, including participation in the City’s sustainability plan as it relates to the City’s facilities and grounds. If included, the Contractor will be required to guarantee the development and installation to perform to specific parameters in regard to the environment and the cost of operating the system, including: 2.2.1 Development Costs The Contractor will guarantee the cost of development and engineering services 2.2.2 Construction Costs The Contractor will develop a firm maximum price for any capital or sustainability upgrades to be performed 2.2.3 Performance of Systems The Contractor will develop performance parameters acceptable to the City and guarantee the performance of systems 2.2.4 Guaranteed Savings The Contractor will guarantee savings and perform measurement and verification to validate savings are achieved 2.2.5 Investment Grade Audit (IGA) Contractor will conduct an Investment Grade Audit (IGA) of City Facilities. This will include development of forward looking 15-year capital plans for non-routine repairs Page 675 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 9 and equipment replacement that is required to maintain efficient operations. The IGA will also include development of various sustainability measures, including but not limited to water conservation and energy savings. If the Investment Grade Audit confirms that there are guaranteed savings to be achieved, the City will either compensate Contractor for the IGA or will enter into an agreement with Contractor to implement upgrades to increase energy efficiency and equipment reliability, in order to fund the necessary improvements in City facilities. 2.2.6 Financing The financial solution will be budget neutral for a term not to exceed 15 years, Contractor will suggest sources of funds in collaboration with the City. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Page 676 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 10 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 009-2511-20/RW FOR “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES” SECTION 3 – INSTRUCTION TO PROPOSERS 3.1 Electronic Requests for Qualifications (RFQ’s) shall be received by the City’s e-Procurement bidding system no later than: APRIL 29, 2020 No Later Than 2:30 PM (Local Time). a) Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFQ submittal submitted online. b) Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. c) It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the RFQ closing time and date in the event additional addenda are issued. d) To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview the RFQ documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. e) ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. f) Proposers are cautioned that the timing of their Submittal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. g) For the above reasons, it is recommended that sufficient time to complete your Proposal Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System’s web clock. h) Proposals should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. i) Late Submittal Responses are not permitted by the Bidding System. Page 677 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 11 j) To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. k) All expenses for making RFQ responses to the City are to be borne by the Proposer. l) A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualifications for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). m) Each Proposer, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of an RFQ; damages, if any, shall be limited to the actual cost of the preparation of the RFQ. N) A Mandatory Pre-Proposal Conference and Site Visit will be held at 9:00 AM on April 08, 2020 at CITY OF BOYNTON BEACH CITY HALL, 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426. Attendance is mandatory. O) Question Deadline: April 19, 2020, No Later Than 12:00 P.M. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Page 678 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 12 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 009-2511-20/RW FOR “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES” SECTION 4 – PROPOSAL SUBMISSION REQUIREMENTS 4.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Qualifications requirements. The selected Firm(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. 1. If the Proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the Proposer that is to serve as the principal firm should be noted, if applicable. 2. Notarized statement showing the Proposer’s maximum bonding capacity; and that the Proposer has an available bonding capacity for a minimum of $5 million specifically for this project. Statement should also identify the Proposer has the ability to increase their bonding capacity, if necessary, and to what amount. NOTE: Notarized statement must be from an admitted surety insurer authorized to issue bonds in the State of Florida, not an agent or broker. To be attached online and submitted through the Bidding System. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. (Including Florida Licenses for General Contractor, Mechanical Contractor, Lawn and Ornamental Pest Control, Professional Engineer and Accreditation by NAESCO) C. Detailed Proposal. The detailed Proposal should follow the order set forth in Section 3 of this Request for Qualifications. Page 679 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 13 1. Letter of Interest – To be completed online The Letter of Interest shall summarize the Proposer’s primary qualifications and a firm commitment to provide the proposed services. 2. Proposer’s Qualifications – To be attached online Provide one (1) or more reference contracts with Local Governments or other Public Entities projects of a similar size, scope and complexity that have been awarded to your firm within the last five (5) years. Each should demonstrate the experience of the firm providing at least one of the services described in Section 2 as required by this RFQ. For each reference, provide the following information: 1) Client name/Client’s Representative name, address, phone number, and email. 2) Name and location of the contract/project. 3) Description of the scope of work. 4) Role your company performed for each service provided to this entity: General Contractor, Property Manager, Design-Build, Self-performance of labor and/or other. 5) Date of award and duration of contract. 6) Contract Price 7) Saving achieved through Value Engineering or other approaches. 8) The total amount of approved Change Orders. 9) The dollar value and the percentage awarded to and performed by local sub- contractor team (of any tier) and SBE sub-contractor team (of any tier). 10) Present status of the contract. 3. Qualifications of Team and availability of specialty resources. – To be completed online Provide an overview of the qualifications of the specific team to perform the requested services. Specify and present as a minimum, similar experience in scope of work. Identify the management staff who would be assigned to the project as follows: a. An organizational chart that clearly defines the lines of authority. b. The names and roles of each professional to be assigned to this contract, including familiarity with projects of a similar nature. c. The estimated amount of involvement expressed as a percentage of time, of each of the staff members. d. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve (12) pages. e. Experience of identified staff members with developing comparable scope of services in facilities management, custodial, landscaping and project management while working for Contractor. f. Availability location and workload of the proposed team contained on a maximum of one (1) page including: Page 680 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 14 1. Current project work listing and remaining labor commitments. 2. Historically, describe the typical number of projects handled by the key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Implementation Plan and Approach, Demonstrated Skill Set, and Innovative Ideas -to be completed online a. Narrative of Project Understanding: Provide a narrative demonstrating the Proposer’s understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. b. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer’s approach to cost estimating. Indicate the methodology and estimating system used in preparation of estimates. Address how the Proposer will prepare, submit, reconcile the Guaranteed Maximum Price. c. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of equipment, capital costs and operating and maintenance costs over the life of the equipment. d. Explain how Proposer intends to meet the budgetary goals and timetables using the Design and Performance Criteria herein to include the following: 1. Implementation of conflict resolution methods. 2. Description of schedule controls. 3. Description of change order controls. 4. Provide examples of Quality Control Reports the Proposer has used with other customers of Proposer. 5. Understanding of the construction contingency to include: 1) who should be in control, 2) the main purpose, and 3) who approves its utilization. 6. Provide examples of how your firm ensures that the project stays within budget during each phase of construction and what assurances are given that the estimate may be accurate or reliable. e. Project Management Reporting: Provide an explanation of how the firm proposes to manage and report each aspect of the Project to realize budgetary goals, timetables and quality control objectives. f. Submit a comprehensive Project Management Reporting system to include but not limited to narrative reporting, schedule controls, cost controls and estimating, project accounting, accounting and payment and action controls. 5. Creativity and Innovation in Project Approach and Solution Selection Options – to be c0m-leted online. a. Discuss how the Proposer intends to use innovative approaches and/or best practices to Page 681 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 15 achieve results considering safety, quality, cost and time as they relate to any and all aspects of scope of work. b. Discuss how the Proposer will utilize best practice techniques such as value engineering performance reviews, and provide evidence of previous experience with any of the methodologies presented. c. Discuss in detail, the development of a mitigation strategy covering major events that might impact the scope of work such as severe weather. d. Provide a schedule which details the Proposer’s proposed activities and how the Proposer intends to meet the required in-service date. e. Provide a strategy the Proposer will employ for subcontracting work to include how local contractors will be utilized. Address the Proposer’s approach to implementation of Quality Control/Quality Assurance plan for both self- performing and subcontracted work. f. Describe project communication tools to ensure streamlined information to the Operations Team (Selected Contractor and City). This section shall be limited to no more than fifteen (15) pages. Work plans longer than fifteen (15) pages w ill only have the first fifteen (15) pages reviewed. 6. References – Past Performance – To be completed online Provide three (3) governmental agencies references similar in scope contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. 7. Sub-Contractors – To be completed online a. Identification of any sub-contractor providing significant services that may be assigned more than five (5%) of the work. 8. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledge when required and submitted. In addition, all other request and supporting documentation should be included. a) Proposer Acknowledgement – Online Acknowledgement b) Proposer Qualification Statement – Upload Online c) Addenda Acknowledgement – Online Acknowledgement d) Anti-Kickback Affidavit – Upload Online Page 682 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 16 e) Non-collusion Affidavit of Proposer – Upload Online f) Confirmation of Minority Owned Business - Online Form g) Certification Pursuant to Florida Statute § 287.135 - Upload Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General - Online Acknowledgement j) Local Business Certification - Online Form k) Statement of Non-Submittal (if applicable) - Online Form l) Schedule of Sub- Contractors – Online Form m) Submit current Florida Professional License(s), including evidence of possession of required licenses or business permits – Attach and Upload n) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form herein as an attachment. – Attach and Upload o) Submit any Supplemental information relative to this RFQ – Attach and Upload THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Page 683 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 17 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 009-2511-20/RW FOR “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES” SECTION 5 – EVALUATION OF PROPOSALS 5.1 EVALUATION OF PROPOSALS The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive to this solicitation, and will be evaluated as follows: The selection committee will review and evaluate all RFQ responses. The determination shall be based upon the following criteria and respondents shall provide, as a minimum the information listed under each criterion. Evaluation Criteria Maximum Potential Points Company Background, Capabilities and Qualifications 0 - 25 Relevant Operations and Maintenance Experience 0 - 30 Assigned Staff Qualifications and Experience 0 - 15 Implementation Plan and Approach 0 – 15 Vendor Proximity to Jobsite Preference 0 - 5 References 0 - 5 Local Business Certifications 0 or 5 Total Points** 100 * Please note that the Vendor Proximity to Jobsite Preference is used to evaluate the submittals received from Proposers and are assigned point totals, a preference of five (5) points shall be given to the Local Boynton Beach Proposer(s); four (4) points shall be given to Proposers(s) within 10 miles of Boynton Beach, three (3) points shall be given to Proposers(s) 10 - 25 miles of Boynton Beach, two (2) points shall be given to Proposers(s) 26-50 miles of Boynton Beach, all others shall receive zero (0) points. ** The selection committee will score each of the proposals based on the weighted criteria listed above. The top three (3) Proposers will be invited in for a presentation. After the presentations are concluded, the selection committee may update initial scoring and will finalize and tabulate scores. Page 684 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 18 The scores for all proposals will be tabulated and each proposal will be ranked. The first ranked Proposer resulting from this process will be recommended to the City Commission to direct the City Manager to negotiate a contract for services. A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE “CONSULTANTS’ COMPETITIVE NEGOTIATIONS ACT”: 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the Proposer is qualified to render the required services according to State regulations and the requirements of this RFQ. 2. In the event less than three (3) firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFQ and may create a short list of a minimum of three (3) firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Proposer(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations, the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. 6. Upon final ranking, the list of Proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement based on the attached draft contract developed from this Request for Qualifications. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract will be submitted to the City Commission for their consideration and approval. 8. Should the City fail to negotiate a satisfactory contract as determined to be fair and competitive with the highest-ranked firm, negotiations will formally be terminated. The City Page 685 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 19 will then undertake negotiations with the second-ranked firm. Should negotiations fail also with the second-ranked firm, then the third- ranked proposer will be notified for negotiations. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Page 686 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 20 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 009-2511-20/RW FOR “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES” SECTION 6 – GENERAL CONDITIONS FOR PROPOSERS 1. FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 2. RFQ FORMS: The Proposer will submit an RFQ on the RFQ forms provided. All RFQ prices, amounts and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFQ forms must be executed and submitted for easy identification. The face of the envelope shall contain the company’s name and address, RFQ title, number, RFQ date and time. RFQs not submitted on RFQ forms herein may be rejected. All RFQs are subject to the conditions specified within this solicitation document. RFQs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFQ: RFQ must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. RFQ DEADLINE: It is the Proposer’s responsibility to assure that the RFQ is submitted electronic by or at the proper time and date prior to the RFQ deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive any defect, irregularity or informality in any RFQ or RFQ procedure; B. Reject or cancel any or all RFQ’s; C. Reissue the RFQ; D. Extend the RFQ deadline time and date; E. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has: A. Available the appropriate financial, material, equipment, facility, and personnel resources Page 687 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 21 and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 8. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific RFQ no later than ten (10) days prior to the RFQ deadline. Inquiries must reference the date by which the RFQ is to be received. 9. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 10. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the sub-contractor and the name of the person to be contacted on the attached “Schedule of Sub-contractors”. The City of Boynton Beach reserves the right to accept or reject any or all RFQs wherein a sub-contractor is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject an RFQ of any Proposer if the RFQ names a sub-contractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 11. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposer through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is each Proposer’s responsibility of each Proposer to have receive ALL addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their proposal and up until the RFQ closing time and date in the event additional addenda are issued. If a Proposer submits their proposal prior to the RFQ closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Proposer submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the RFQ Proposal. The Proposer can view this status change in the “MY BIDS” section of the Bidding System. The Proposer is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date. 12. ANTITRUST CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach, the Proposer offers and agrees that if the RFQ is accepted, the Proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the Purchasing Division tenders final payment to the Proposer. 13. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. Page 688 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 22 14. ON PUBLIC ENTITY CRIMES – All Invitations to RFQ’s as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFQ on a contract or provide any goods or services to a public entity, may not submit a RFQ on a contract with a public entity for the construction or repair of a public building or public work, may not submit a RFQ on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list”. 15. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this RFQ, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Proposer been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Proposer of the City's determination concerning the false certification. Proposer shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Proposer shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Proposer does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16. NON-COLLUSION AFFIDAVIT: Each Proposer shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 17. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR Page 689 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 23 CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 18. ANTI-KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 19. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 20. ADVERTISING: In submitting a response, the Proposer agrees not to use the results there from as a part of any commercial advertising. 21. ASSIGNMENT: Any Purchase Order issued pursuant to this RFQ invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the CITY. 22. INDEMNIFICATION: The selected Proposer shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected Proposer(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from Proposer’s operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the Proposer’s within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the Proposer’s hereunder, for which the City may be entitled to a claim or indemnity against the Proposer, under the provisions of this Contract. Proposer shall have the right to control the defense of any such claim, suit or actions. The Proposer shall also be liable to the City for all costs, expenses, attorneys’ fees and damages which may be incurred or sustained by the City by reason of the Proposer’s breach of any of the provisions of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 23. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy ofthe requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; Page 690 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 24 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor’s possession. All records stored electronically by Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, (CITY CLERK) 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US 24. CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost- effective completion of a given project will be provided. Specific Task Order stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The Agreement will be based on successful negotiation. 25. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 26. PALM BEACH COUNTY INSPECTOR GENERAL: The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any PROGRESSIVE CONTRACTOR Agreement /Task Order resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the PROGRESSIVE CONTRACTOR and its SubCONTRACTOR s and lower tier SubCONTRACTOR s. The PROGRESSIVE CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the PROGRESSIVE CONTRACTOR or its SubCONTRACTOR s or lower tier SubCONTRACTOR s to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this Agreement justifying its termination. The awarded PROGRESSIVE CONTRACTOR (s) will be required to sign the Palm Beach County Inspector General Acknowledgment Form as part of the final PROGRESSIVE CONTRACTOR Agreement/Task Order. Page 691 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 25 27. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference.” In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFQ submittal. Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the full 5 points allotted by each evaluation committee member. Proposers not meeting the requirements of the Preference will receive zero points in this evaluation criterion. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Page 692 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 26 PROPOSER'S QUALIFICATION STATEMENT TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Check One Submitted By: Corporation Name: Address: Partnership Individual CITY, State, Zip: Other Telephone No.: Fax No.: Email Address.: ______________________ 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: c. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: Page 693 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 27 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual , corporation or partnership , describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFQ. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: Page 694 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 28 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer’s business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: Page 695 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 28 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work (a +b): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): Page 696 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 28 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 22. What will be your turnaround time for written responses to City inquires? 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors’ organization(s) were defendants. Page 697 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 30 26. Has the Proposer, its principals, officers or predecessors’ organization(s) been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of , 2020 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 698 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 31 ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 699 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 32 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AND UPLOADED ONLINE State of ) County of ) , being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)_ (Title)_ Subscribed and sworn to before me This day of _, 20 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 700 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 33 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLETED AND UPLOADED ONLINE I, _______________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies t hat Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 701 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 33 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled " Contractor " does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the CITY for goods or services may be terminated at the option of the CITY if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 702 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-1 “DRAFT CONTRACT” Subject to Modification and final approval by City Attorney “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “City”, and TBD , hereinafter referred to as “Contractor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a Contractor, and WHEREAS, THE City issued a Request for Qualifications for “TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES, RFQ No. 009-2511-20/RW; and WHEREAS, RFQ No. 009-2511-20/RW defined Scope of Services as TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES; and WHEREAS, the CITY determined that Contractor is qualified to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the City Commission on , 2020, determined that Contractor is qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the City Manager’s administrative staff, has successfully negotiated an Agreement with Contractor defining terms and conditions for the performance of maintaining the municipal facilities and grounds services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 Contractor agrees to perform Services Maintaining the Municipal Facilities and Grounds during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The City’s Representative during the performance of the Contract shall be __________telephone (561) 742 - ___________. Page 703 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-2 The Contractor’s Representative during the performance of the contract shall be ____________________telephone____________. ARTICLE 2 – TERM 2.1 The initial term of the contract shall be for five (5) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 3% for each extension may be approved by the City administration and does not require Commission approval. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the City to the Contract by way of a purchase order executed by the CITY. Contractor shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the City. ARTICLE 4 - PAYMENT 4.1 The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Contractor shall be made as provided on Exhibit “ ” attached hereto. The total contract price in the amount of $________ for an annual estimated amount of $__________for a period of five years (5), with an option to renew for two (2) five-year terms for a total $_________ estimated amount over the total potential term of the agreement, shall be the total amount of payment to Contractor for services provided under this Agreement for the entire term of the Agreement. b. The Contractor may submit invoices to the City once per month during the progress of the Work. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. c. Final payment of any balance due the Contractor of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the City after the completion of the Work. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Contractor, all documents, drawings, specifications and other materials produced by the Page 704 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-3 Contractor in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the Contractor shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with Contractor’s endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of Contractor, shall be at the City’s sole risk and without liability to Contractor and Contractor’s sub-contractor. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 Contractor represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned services during the term of this Agreement. Contractor’s services shall meet a standard of care for professional engineering, architectural and related services no less than the standard of care for engineering, architectural and construction professionals practicing under similar conditions. In submitting its response to the RFQ, Contractor has represented to CITY that certain individuals employed by Contractor shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, Contractor shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 Contractor shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 Contractor shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney’s fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential Page 705 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-4 damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, Contractor shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker’s Compensation Insurance: The Contractor shall procure and maintain for the life of this Contract, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-contractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The Contractor shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury or property damage that cou ld arise directly or indirectly from the performance of this Agreement. Contractor shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The Contractor shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The Contractor shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the Contractor from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor . 10.1.4 Professional Liability (Errors and Omissions) Insurance: The Page 706 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-5 Contractor shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the Contractor to ensure that all sub-contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the Contractor of additional liability insurance coverage or coverage which is different in kid, the City reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Contractor fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the City’s written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the Contractor, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 Contractor shall, for a period of two (2) years following the termination of the Agreement, maintain a “tail coverage” in an amount equal to that described above for Comprehensive Liability Insurance on a claim- made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE Page 707 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-6 13.1 Execution of this Agreement by the Contractor shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the Contractor’s most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside contractors. The City shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national ori gin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 – TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons the Agreement or causes it to be terminated, Contractor shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be Page 708 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-7 construed under Florida Law. ARTICLE 19 – UNCONTROLLABLE FORCES 19.1 Neither the CITY nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non - performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Notices to Contractor shall be sent to the following address: Firm Name: Attn: ADDRESS: CITY/STATE/ZIP Tel: Fax: Email: ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be Page 709 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-8 amended only by written instrument signed by both CITY and Contractor. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to the State’s subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. City’s liability for costs and attorney’s fees, however, shall not alter or waive City’s entitlement to sovereign immunity, or extend City’s liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 – FLORIDA’S PUBLIC RECORDS LAW 23.1 The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: 23.2 Keep and maintain public records required by the City to perform the service; 23.3 Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 23.4 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers Page 710 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-9 the records in its possession to the City; and, 23.5 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the City, all public records in Contractor’s possession. All records stored electronically by Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THECONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contra ct for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 711 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-10 “This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes.” IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 2020. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Page 712 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES C-10 Page 713 of 1203 INSURANCE ADVISORY FORM City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a cu rrent rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of Contractor, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor 's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractor / Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Page 714 of 1203 1 The City of Boynton Beach ADDENDUM No. 1 DATE: April 03, 2020 INVITATION TO BID TITLE: TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES RFQ No.: 009-2511-20/RW This addendum to the specifications and/or contract documents is issued to provide additional information and clarification to the original ITB specifications and bid form, and is hereby declared a part of the original specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. DOES READ: PRE-PROPOSAL CONFERENCE: Mandatory Pre-Proposal Conference and Site Visit will be held at 9:00 AM on April 08, 2020 at CITY OF BOYNTON BEACH CITY HALL, 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426. Attendance is mandatory... SHOULD READ: NON- M ANDATORY PRE-PROPOSAL CONFERENCE: Non- Mandatory ZOOM Meeting Pre-Proposal Conference will be held at 9:00 AM on April 08, 2020. Participation is encouraged, although not mandatory. Join Zoom Meeting https://zoom.us/j/507109679?pwd=dVF6SmtEeDVKNDVJa3BkSzJGK21GZz09 Meeting ID: 507 109 679 Password: 852566 One tap mobile +19292056099,,507109679# US (New York) +13126266799,,507109679# US (Chicago) Dial by your location +1 929 205 6099 US (New York) +1 312 626 6799 US (Chicago) +1 301 715 8592 US +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US Meeting ID: 507 109 679 Find your local number: https://zoom.us/u/aBB9tn9pM If you should require additional clarification, please submit your question to the Purchasing representative through the Bidding System by clicking on the “Submit a Question” button for this specific Solicitation. Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 715 of 1203 1 The City of Boynton Beach ADDENDUM No. 2 DATE: April 24, 2020 INVITATION TO BID TITLE: TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES RFQ No.: 009-2511-20/RW This addendum to the specifications and/or contract documents is issued to provide additional information and clarification to the original ITB specifications and bid form, and is hereby declared a part of the original specifications and/or contract documents. In case of a conflict, this Addendum No. 2 shall govern. Question: Please provide the bid tabulation for previously awarded contract. Answer: There is no previously awarded contract or bid tabulation. This is the first time the City has issued a solicitation for this scope & specifications. Question: We would like to set up a meeting with you and a site visit. Please let us know when will be a possible schedule. Answer: As a result of the COVID-19 public health emergency and in accordance with Governor DeSantis’ Emergency Orders, the City of Boynton Beach has temporarily suspended in person public meetings. Therefore, only existing contractors working onsite are allowed. Although you may certainly drive by the site, no onsite visits are allowed at this time. Question: This is just a request for qualification no pricing require at this time? Answer: That is correct. No pricing is being requested in this solicitation. This solicitation is a Request for Qualifications. If you should require additional clarification, please submit your question to the Purchasing representative through the Bidding System by clicking on the “Submit a Question” button for this specific Solicitation. Finance/Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 FAX: (561) 742-6316 Page 716 of 1203 S:\PW \Protected\Correspondence\2020 Memos\20-012 - Town Square - City Facillities Mainteance RFQ-062420.docx TO: Randy Wood, Purchasing Manager FROM: Andrew Mack, Director of Public Works & Engineering DATE: June 24, 2020June 27, 2020 RE: Town Square/City Facilities Maintenance Services RFQ No. 009-2511-20/RW REF: Recommendation for Award The Evaluation Committee has completed our review of the two (2) proposals submitted for the above referenced project. Based on our review of the proposals; the committee is recommending to forgo oral interviews and move forward with contract negotiations with the highest ranked firm ABM Industries, Inc. If you have any questions or need additional information please contact me in the office at 561.742.6201. Thank you. cc: Colin Groff, Assistant City Manager Joseph Paterniti, Utilities Director DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 20-012 Page 717 of 1203 Bid Number: 009-2511-20/RW Bid Name: REQUEST FOR QUALIFICATIONS (RFQ) FOR TOWN SQUARE / CITY FACILITIES MAINTENANCE SERVICES Closing Date: 4/29/2020 2:30:00 PM Number of Submissions Received: 3 Evaluation: Start Date - End Date: 4/30/2020 12:00:00 AM - 7/29/2020 12:00:00 AM Consensus Meeting: 6/25/2020 10:00:00 AM EVALUATORS Name Stage 1. Randy Wood Submittal Compliance 2. Colin Groff Evaluation - Written, Evaluation- Oral Interviews/ Presentations 3. Joseph Paterniti Evaluation - Written, Evaluation- Oral Interviews/ Presentations 4. Andrew Mack Evaluation - Written, Evaluation- Oral Interviews/ Presentations STAGES Number Name Type Weight N/A Submittal Compliance Compliance N/A 2 Evaluation - Written Evaluation 100.00 3 Evaluation- Oral Interviews/ Presentations Evaluation 100.00 Grand Total: 200.00 Page 718 of 1203 SCORES Submittal Compliance Vendor Score ABM Pass Complete Property Development Pass Superior Landscaping & Lawn Service, Inc. Fail 2 Evaluation - Written Vendor Score out of 100.00 ABM 82.00 Complete Property Development 60.33 3 Evaluation- Oral Interviews/ Presentations Vendor Score out of 100.00 ABM 0 Complete Property Development 0 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 200.00 1 ABM 82.00 2 Complete Property Development 60.33 Page 719 of 1203 Summary Report Notes Summary Score Card Evaluation Details Submittal Compliance Evaluators:Randy Wood Section Progress ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Submital Compliance Complete Passed Passed Failed Total:Pass Pass Fail Evaluation - Written Evaluators:Colin Groff, Joseph Paterniti, Andrew Mack Section Progress Maximum Score ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Company Background, Capabilities and Qualifications Complete 25.00 22.50 17.50 disqualified Bid Number: 009-2511-20/RW Bid Title: REQUEST FOR QUALIFICATIONS (RFQ) FOR TOWN SQUARE / CITY FACILITIES MAINTENANCE SERVICES Project Type: RFQ Bid Status: Closed Purchasing Representative: Randy Wood Bid Closing Date: April 29, 2020 Availability: Public Page 720 of 1203 Section Progress Maximum Score ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Relevant Operations and Maintenance Experience Complete 30.00 25.00 18.00 disqualified Assigned Staff Qualifications and Experience Complete 15.00 12.50 9.50 disqualified Implementation Plan and Approach Complete 15.00 13.50 8.00 disqualified Vendor Proximity to Jobsite Preference Complete 5.00 3.83 3.67 disqualified References Complete 5.00 4.67 3.67 disqualified Local Business Certifications Complete 5.00 0 0 disqualified Total:100.00 82.00 60.33 Not Evaluated Evaluation- Oral Interviews/ Presentations Evaluators:Colin Groff, Joseph Paterniti, Andrew Mack Section Progress Maximum Score ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Company Background, Capabilities and Qualifications Not Complete 25.00 No scores available No scores available disqualified Relevant Operations and Maintenance Experience Not Complete 30.00 No scores available No scores available disqualified Assigned Staff Qualifications and Experience Not Complete 15.00 No scores available No scores available disqualified Page 721 of 1203 Section Progress Maximum Score ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Implementation Plan and Approach Not Complete 15.00 No scores available No scores available disqualified Vendor Proximity to Jobsite Preference Not Complete 5.00 No scores available No scores available disqualified References Not Complete 5.00 No scores available No scores available disqualified Local Business Certifications Not Complete 5.00 No scores available No scores available disqualified Total:100.00 0 0 Not Evaluated Weighted Final Scores Stage Weight ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Evaluation - Written 100.00 82.00 60.33 Disqualified Evaluation- Oral Interviews/ Presentations 100.00 0 0 Disqualified Total:200.00 82.00 60.33 Disqualified Consensus Final Scores Stage Weight ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Evaluation - Written 100.00 82.00 60.33 Disqualified Page 722 of 1203 Stage Weight ABM Complete Property Development Superior Landscaping & Lawn Service, Inc. Evaluation- Oral Interviews/ Presentations 100.00 0 0 Disqualified Total:200.00 82.00 60.33 Disqualified Page 723 of 1203 009-2511-20/RW - REQUEST FOR QUALIFICATIONS (RFQ) FOR TOWN SQUARE / CITY FACILITIES MAINTENANCE SERVICES Opening Date: March 15, 2020 12:00 PM Closing Date: April 29, 2020 2:30 PM Vendor Details Company Name:ABM Does your company conduct business under any other name? If yes, please state: Florida Address: 3260 NW 23rd Ave., Suite 100E Pompano Beach, FL 33069 Contact:Michael Houda Email:michael.houda@abm.com Phone:954-531-9341 Fax:813-361-0796 HST#:20-0357058 Submission Details Created On:Tuesday April 28, 2020 17:06:45 Submitted On:Wednesday April 29, 2020 14:26:55 Submitted By:Michael Houda Email:michael.houda@abm.com Transaction #:d6ceafaa-4ed4-4d71-bce4-80c4cff1ed1b Submitter's IP Address:75.25.162.44 Bid Number: 009-2511-20/RW Vendor Name: ABMPage 724 of 1203 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses Description Response *Comments Is your company a Minority Owned business?No No * Please select the appropriate response Not Applicable N/A * Do you possess a certification qualifying your business as a Minority Owned business? No No * Issuing organization name Input response in comments box to the right ABM Industries Incorporated * Date of Issuance Input response in comments box to the right ABM was founded in 1909, and was incorporated in the State of Delaware in 1985. * Letter of interest The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services. On behalf of the entire ABM team, I would like to thank you for the opportunity to prepare and respond to this request for qualifications. We look forward to our opportunity to meet with your team to dig deeper into the ways we are uniquely qualified to address the comprehensive needs and technical challenges of the City of Boynton Beach, Florida. We are confident ABM’s technical and financial solutions will provide the necessary services, improvements, and funding solutions to improve facility efficiencies while assisting the City of Boynton Beach to implement more sustainable long-term strategies. ABM is unique, as we are the only Florida-based Services Company that directly offers “truck-based” maintenance services that are vendor-neutral and are not influenced by an internal manufacturing division. The City of Boynton Beach will receive the benefits by having a service partner who provides the most financially and technically feasible solutions, focused on sustainability, performance, and value, not driven by a selling a particular brand. • Local Resources, Reduced Costs. ABM has over 500 technicians, developers, project managers, and maintenance personnel based out of our South Florida offices, assuring immediate response time while reducing travel costs. We hold General, Mechanical, Electrical, Groundskeeping, Pesticide, and Professional Engineering Licenses for Florida; we can self-perform all of the maintenance and most of the construction services, which guarantees performance while reducing margin-pancaking. • National Purchasing Agreements. ABM receives discounted pricing with all the major manufacturers of energy-related equipment (Trane, Johnson Controls, Carrier, etc.). • High-Performance Building Design Professional (HBDP) Certification. We are the only Florida energy services provider that holds an HBDP certification, and an ANSI-Accredited Personnel Certification Program validating competency to design and integrate sustainable HVAC&R systems into high performing facilities. • We Create Sustainable Communities. ABM generates positive social impacts with all the communities we serve through the creation of sustainable solutions that assure the reduction of their environmental footprint. We embed sustainability in our operations while ensuring employee and client wellbeing with the use of earth-friendly products, tools, equipment, chemicals, processes, and policies. ABM, a national and Florida USGBC member, the nation’s largest Energy Star Partner, and 600 LEED-certified employees, ensures the ability to maximize energy efficiency for the City and its residents and visitors while saving resources for future generations. • Comprehensive Facilities Management Plan. ABM is uniquely qualified to develop, provide, and maintain the most effective city-wide 24/7 maintenance service program to support all of Boynton Beach’s facilities with routine, preventative, and on-call facility and management services while to maximizing equipment life expectancy and energy efficiency. • Total Facility Solutions Provider. ABM brings vast and various talents and experience to work alongside City leadership to assist with the planning, development, and management of sustainable improvements. Our record stands tall nationally, for the nation’s most successful record of exceeding project goals and guaranteed savings, while avoiding litigation as a result of guaranteed performance services. • Financial Viability. ABM is American-based and publicly traded on the NYSE, with revenues of approximately $6.4B. Our current bonding limits are $70M on a single project and $500M aggregate. ABM is one of few companies who can provide a parent letter of guarantee (a no-cost surety instrument), an alternative for bonding of guaranteed savings. On a recent project, ABM’s approach saved more than $100,000, which was used by the client to procure additional equipment. ABM will offer the same “cost reduction” options to the City of Boynton Beach, allowing more dollars for improvements. Additionally, we search for grants, state and utility rebates, and special program monies to reduce the cost of the projects while arranging financing when needed. This is a significant benefit for customers with ongoing internal capital projects, renovations, and new expansions where there is a program dollar limit per calendar year or anticipated rebates. In many cases ABM is able to: Bid Number: 009-2511-20/RW Vendor Name: ABMPage 725 of 1203 Confirm available funding limits per account, per building, and per fiscal period, Work with our customers to allocate utility incentive rebate monies, and more importantly to Coordinate funding to take advantage of multi-year projects. ABM has significant experience in providing successful energy services to the public sector marketplace in Florida, and throughout the country. ABM has been in business for over 100 years and has a tremendous track record in providing energy services for the last 40 years. Our Florida Team has extensive experience in the projects completed with multiples services in the public and private sector market space. Some of our Florida customers include: • Town of Lake Clarke Shores • Town of Bellaire • City of Satellite Beach • City of Weston Parks & Recreation • Village of Abacoa • Jungle Island • 7-11 Convenience Stores • BrandsMart USA • City of Cocoa Beach • City of Temple Terrace • University of Miami • NOVA Southeastern University • Barry University • Lynn University • Orange County Public Schools • Hillsborough County Public Schools. ABM offers the City of Boynton Beach the flexibility to customize multiple projects simultaneously to specific needs. Our team’s experience and local resources are in place to provide the highest level of service with cost and energy-efficient improvements supported by the financial strength to stand behind this project over time. ABM appreciates the opportunity to participate in this RFQ, and I look forward to introducing you to our dedicated team in person. Chad Armstrong General Manager ABM Industries Incorporated Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No Since 1909.200415654 201246663 JF147678 M08000001361 on the Division of Corporations Bid Number: 009-2511-20/RW Vendor Name: ABMPage 726 of 1203 Proposer's Qualifications Line Item Description Response * 1 Client name/Client’s Representative name Town of Lake Clarke Shores 2 Client Address 1701 Barbados Rd. Lake Clarke Shores, FL 33406 3 Client Number 561-964-1515 4 Client Email dclark@lakeclarke.org 5 Name and location of the contract/project.Guaranteed Energy, Water, And Wastewater Performance Savings Contract AND Guaranteed Professional Maintenance Agreement AND Landscape Maintenance Service Agreement for the Town Lake Clarke Shores facilities and public right of ways 6 Description of the scope of work.Building Upgrades & Retrofits with Guaranteed Energy Savings, Water Meter Replacements and Guaranteed Professional HVAC & Lighting Maintenance and Various Landscape and Irrigation Maintenance and Repair 7 Role your company performed for each service provided to this entity: General Contractor, Property Manager, Design-Build, Self-performance of labor and/or other. Design Build for the energy savings retrofits, with self-performance of HVAC and lighting installation and project management of subcontractors for other scope, self-performance of all HVAC Maintenance and Repairs and self-performance of Landscape Maintenance services 8 Date of award and duration of contract.October 9, 2018 - Present 9 Contract Price $915,240 Project; $6,732 HVAC Maintenance (annually), $118,275 Landscape Maintenance (annually) 10 Saving achieved through Value Engineering or other approaches. $1,324,090 Total Guaranteed Savings (15 Years) 11 The total amount of approved Change Orders.0$ 12 The dollar value and the percentage awarded to and performed by local sub-contractor team (of any tier) and SBE sub-contractor team (of any tier). N/A 13 Present status of the contract.Ongoing - active Bid Number: 009-2511-20/RW Vendor Name: ABMPage 727 of 1203 Qualifications of Team & Availability of Resources Line Item Description New Column Response * 1 The names and roles of each professional to be assigned to this contract, including familiarity with projects of a similar nature. Chad Armstrong - General Manager Glenn Hall - VP Operations Richard Gray - General Manager 2 The estimated amount of involvement expressed as a percentage of time, of each of the staff members. Please see Resumes Document 3 Experience of identified staff members with developing comparable scope of services in facilities management, custodial, landscaping and project management while working for Contractor. Please see Resumes Document 4 Availability location and workload of the proposed team: Our Facilities Services Team located at 3260 NW 23rd Ave., Suite 100E, Pompano Beach, FL 33069. 5 1. Current project work listing and remaining labor commitments. Current and Projected Workload Our Facilities Services Team located at 3260 NW 23rd Ave., Suite 100E, Pompano Beach, FL 33069, is excited and prepared to invest our time and resources in building a best-in-class solution with City of Boynton Beach. We will invest one-on-one time with City of Boynton Beach staff and will be working around the clock with our internal development team and our consultant/subcontractor partners. There will be a lot of time spent in your City buildings to co-author a project that will continue to expand on all of the great improvements and enhancements you have already made. Offeror’s Current Workload and Time Frames for Completion Our ABM Building Solutions and Services branches are currently engaged in multiple Investment Grade Audits (IGAs) and the execution of numerous implementation projects. 6 N/A 7 2. Historically, describe the typical number of projects handled by the key project managers at any given time. Number of Projects handled by key project managers at any given time The first stage of any engagement is the investigation and delivery of the Investment Grade Audit. ABM’s Project Development Team directs this process. At any given point in time, our team is working on 8 to 10 IGAs. This provides us and our customers the advantage of learning from each other and creating best practices that are unparalleled in the City market. The value of managing a consistent stream of IGAs lies in ABM’s ability to accelerate this process and deliver savings quicker to our clients. Our IGA delivery time averages less than two months per City. If City of Boynton Beach allows ABM to investigate all options for energy conservation measures, we anticipate an IGA completion time of less than four months. This time frame will help City of Boynton Beach experience savings much quicker than with most ESCOs. ABM commits to assigning the requisite Project Developers to City of Boynton Beach’s project to make the timeframe a reality. 8 N/A 9 3. Projected workload of project management activities as defined in the scope of services. Offeror’s Pending Contracts and Potential Time Frames for Completion ABM is currently implementing multiple Guaranteed Energy Projects throughout the country. We have employees who are specialized in lighting, mechanical design and implementation, electrical design and implementation, hand dryer design and implementation, landscaping, custodial, and fleet services (EV). The breadth of in- house employees provides City of Boynton Beach with additional value through the reduction of margin pancaking, and facilitates a faster implementation time as we eliminate the need to coordinate a large percentage of subcontractors. Our experienced teams will be fully available to implement City of Boynton Beach’s project at the time the IGA is complete and a project has been selected. ABM expects that the City of Boynton Beach project to be completely implemented in less than 18 months. We will not jeopardize a successful implementation for the sake of speed, so the actual schedule will be determined once specific scopes are selected and each site can be visited. Implementation Plan, Approach, Demonstrated Skill Set, and Innovative Ideas Description Response * Narrative of Project Understanding: Provide a narrative demonstrating the Proposer’s understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. ________________________________________ There are two main areas in the Technical Specifications / Scope of Work that must be addressed independently to develop and deliver the necessary comprehensive facilities management plan for the City of Boynton Beach. This proposal will incorporate narrative for Ongoing Facilities Management and Capital Improvements, Planning, Management, and Sustainability. ABM Joins the City in developing a pedestrian-friendly town center to live, work, and play. Once completed, the 16-acre Town Center site will become a significant Bid Number: 009-2511-20/RW Vendor Name: ABMPage 728 of 1203 destination for the region, located in downtown Boynton Beach. To maintain the look and feel of a new site for years to come should be more than a goal, it should be the expectation, and our team will guarantee it . The properly maintain the site, which may have hundreds of residents, visitors, and staff present at any time of every day; ABM will be staffed onsite to maintain the premises and react to any challenges that may arise during regular occupational hours. Some tasks will need to be carefully scheduled and implemented when occupants are present, mainly when cleaning occupied spaces. The proposed scopes will consider various scheduling factors to ensure optimal performance. ABM will provide the janitorial and maintenance staffing, vehicles, and equipment needed to perform the scope of work. Additionally, ABM will assist the City with the procurement and inventory control of all materials and supplies. Some tasks require specialized tools or equipment but may not need to be performed on a daily or even weekly basis. The most efficient method to provide these services is with a scheduled and route-based service, so the resources can be allocated by cost across multiple sites or even customers. The schedules will be based on best practices and manufacturers' recommendations fo items such as Landscape Maintenance, Electrical Systems Maintenance, and HVAC Maintenance and Monitoring. The proposed scope will include day porters, working in shifts based on the occupancy and visitors to the site, to provide light cleanup and maintenance to the facilities and grounds. These front-line employees will be visible daily and function as part of the City team. A detailed cleaning will be performed at night, while the facilities are unoccupied or lightly occupied, allowing for cleaning efficiency and safety. This will ensure the buildings are cleaned at their opening so that Day Porters will not be tasked with detailed cleaning that would be interrupted if another service issue arises. New Cleaning Protocols – COVID-19 Considerations The frequency of cleaning may impact price, and with recent events such as the COVID-19 outbreak have placed a great deal of focus on the frequency of cleaning, along with a greater need for disinfection, hand sanitizer stations, elimination of ‘push’ and ‘pull’ consumable dispensers and enhanced cleaning. ABM has developed a COVID-19 SOP to be implemented when a confirmed or suspected case is identified. Currently, our teams are successfully and tirelessly addressing Covid-19 issues across the country this Spring. In addition to these critical methods, we also can utilize one of our electrostatic spray machines to disinfect entire spaces quickly. As we continue to move through this pandemic, ABM has been at the forefront of educating clients and non-clients of most effective cleaning practices through our regular regional town halls. Maintaining the space to specifications requires a team with various areas of expertise. ABM has knowledgeable staff to ensure that these standards are both met and exceeded. Exterior Maintenance is More Than Interval Mowing of the Grass ABM understands the landscaping objective for the new Town Square is to assure a consistent outcome based on best horticultural practices at a cost- effective price. Maintaining new landscaping requires attention to detail in making sure everything is managed correctly for the health of plants, aesthetics, and visual wow-factor for visitors, city residents, and employees. Properly maintained irrigation is essential for landscape in general and is crucial during the early stages of installation and establishment of new materials. ABM’s approach is to provide regular irrigation wet checks with reports verifying the proper function of all irrigation. While being an essential key in maintaining a healthy and beautiful landscape, irrigation can become one of the most costly and wasteful items for properties without proper maintenance and monitoring capacities. ABM’s expert staff are familiar with all major irrigation brands such as Toro, Hunter, and Rainbird as well as effective monitoring technology like the Maxicom system. ABM is dedicated to providing our clients with the most efficient yet effective irrigation system for their bottom line and for water conservation. We will also include appropriately timed mowing, trimming, edging mulching, fertilization, lawn and ornamental pest control, outside cleanup, with frequencies factored into the overall proposed cost structures. ABM will implement these strategies with route-based crews stationed in the local Palm Beach County- based branch offices. Upon award of our service agreements, Chad Armstrong, ABM’s South Florida general manager, along with his operations managers, service managers, and the financial manager, will meet with representatives of the City to review and confirm our understandings of your service expectations. Items to be considered would include: Site Safety Plans Scheduling of Quarterly Service Delivery Security and Access to Each Facility, Local Contacts, and Sign-In Procedures Staging Areas and Material Storage Service Tasks per Listed HVAC Equipment (see tasking sheets attached) Documentation on an Exception Basis; Allows for More Time Doing vs. Writing Post Delivery Communications Communications of Abnormal Situations, Including Recommendations Corrective Actions and Updates Day to Day Communications Bid Number: 009-2511-20/RW Vendor Name: ABMPage 729 of 1203 Emergency Service Contact and Procedures After Hours Access Customer C.A.R.E. Program ABM will build a quarterly delivery schedule, using both the expectations defined in your bid document, the information collected during the above-noted meeting, and our generally accepted project management practices as outlined in our Service Tasking Sheets. Supplies and tools anticipated for the service effort will be pre-stocked to maximize the service technician's productive time at your site. Your representatives will be notified in advance of any scheduled service calls to ensure no disruption of branch operations. Following service delivery (Planned, Emergency, or Requested Repair), our service coordinator will collect all the service reports and relevant information and transmit them to your representative. Our financial manager will work with your team to streamline the invoice and payment process to work best for both our organizations. Your processes and procedures will be understood by our team to help facilitate that effort. Initially, we will ask to meet quarterly to review the activities of the past quarter, obtain your feedback and then adjust our behaviors to account for the information we learn in that meeting. ABM will work with the City of Boynton Beach to execute your implementation plan based on the specific issues and facility requirements. We’ll develop this plan in sharp detail as we work with your staff to gain a clear understanding of how our HVAC maintenance team should interface with your staff. ABM will work in strict accordance with the City’s procedures, rules, and regulations for site orientation and contractor admittance requirements. The safety of your staff and our personnel is of paramount importance. Our team will implement the preventative maintenance program in a manner that ensures success. We’ll conduct progress meetings, which include an agenda and post-meeting notes provided at your request. Our maintenance team’s level of communication and responsiveness has set a new industry standard and has earned us the respect and appreciation of our clients. ABM is a licensed mechanical contractor. We avoid the mark-up stacking scenarios shared by our competitors and maximize the full benefit for the City of Boynton Beach. When a need arises, we will use our national buying agreements with all the major HVAC manufacturers, allowing us to get the best pricing available for our needs and our clients. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer’s approach to cost estimating. Indicate the methodology and estimating system used in preparation of estimates. Address how the Proposer will prepare, submit, reconcile the Guaranteed Maximum Price. While developing a detailed scope of work and implementing services at Town Square is the first priority, the value proposition will improve with the addition of other city facilities. The expansion of scope will not only set performance standards across the board, there will be cost benefits derived from economies of scale. The performance standards desired will directly influence the scope of projects and services, which will impact the Guaranteed Maximum Price. The expectation will be that of a partnership, with ongoing discussions to co-author a scope that best meets the performance standards and budget requirements of the City. ABM ensures best value to City of Boynton Beach in 3 distinctive steps: Best Value Evaluation As we develop energy services projects, ABM conducts continuous evaluation against a set of established criteria designed to balance cost, need, and functionality to ensure City of Boynton Beach receives the best value. Criteria is evaluated and ranked in collaboration with City of Boynton Beach, with a minimum score established that must be met for continued consideration. ABM evaluates each ECM and the energy services project in its entirety with this methodology. Value Engineering Assessment ABM uses value engineering to solve problems and identify and eliminate unwanted costs, while improving function and quality. The aim is to increase the value of products, satisfying the product’s performance requirements at the lowest possible cost. In construction, this involves considering the availability of materials, construction methods, transportation issues, site limitations or restrictions, planning and organization, costs, profits, and so on. Benefits that can be delivered include a reduction in life cycle costs, improvement in quality, reduction of environmental impacts, and more. ABM Development and Delivery Structure ABM’s structure using an in-house technical labor force allows us to continually measure and perform well against several criteria mutually established with our clients as they determine best value. With City of Boynton Beach, this will be supported by the elimination of added layers of mark-up consistent with traditional ESCO structure; specifically subcontracting nearly all the implementation work. ABM will use our in-house skilled labor force except where we create scope to include small business/disadvantage business entities. Typical Design-Bid Build Approach vs. ABM Bundled Energy Approach ABM provides a unique advantage to implementation through our advanced self- perform capabilities, effectively eliminating traditional margins that drive up the cost of bundled energy solutions. While ABM strives to maximize our profitability, we do not mark up our contracting work as part of our energy solutions delivery process. On average, traditional ESCOs operate at 30-38% GM, which is needed to meet 15-20% overhead and 10-18% profit requirements based on their size and Bid Number: 009-2511-20/RW Vendor Name: ABMPage 730 of 1203 divisional structures. These ESCOs self-perform 30% or less of the actual work completed in an energy project, leaving at least 70% of the project subject to this margin requirement on top of the subcontractor’s fully loaded price. This includes design engineering, mechanical, electrical, lighting, materials, and more. Each of these subcontractors will maintain margin requirements that are necessary to meet their own overhead and profit requirements, and many will carry materials that will be marked up from product distributors and then marked up again by the ESCO. Under ABM’s model, we are able to self-perform the majority of the work implemented. This means that 70-80% or more of the total project implemented is delivered at a single margin application usually below that of competing ESCOs. Additional steps in our process are as follows: 1. Requirement for multiple quotes from subcontractors and equipment manufacturers In our equipment and materials estimating we typically request three quotes from various local suppliers and or manufacturer’s (when appropriate) and carefully evaluate any differences in specification; weight, noise or decibel ratings, efficiency, warranty, etc. If there are significant differences or an impact to cost or energy savings, we will bring this information to City of Boynton Beach’s attention to discuss the best selection. 2. Vendor Neutrality Our team brings the advantage of vendor neutrality to the project. ABM does not represent any manufacturer which allows us the unbiased analysis of equipment and services being used based solely on operational and cost benefits to our customer. Even product manufacturers who will provide other brand equipment still must bear the burden in their overhead dollars for research and development, manufacturing facilities, and marketing campaigns. 3. National Purchasing Agreements ABM has National Purchasing Agreements with multiple vendors and contractors. These agreements allow ABM to leverage our National buying power to further reduce equipment and service costs and provide even greater value to our customers. ABM has a National Procurement Organization, which is responsible for organizing purchasing agreements and strategies. We employ buyers to perform specialized category sourcing. Roughly half of these buyers have the primary responsibility of buying services and the other half are purchasing parts and materials. As part of our management process, we recurrently review and renegotiate our subcontracted services where needed for lower rates. Applicable discounts vary with local and company-wide volumes, which change regularly with each vendor. These focused relationships are regularly managed for compliance to the agreement terms, to review volumes and correct pricing, and to advise any changes in the marketplace or material challenges that must be mitigated. ABM is uniquely qualified to service City of Boynton Beach. The following are unique value propositions that ABM can provide to City of Boynton Beach: • Price: If program price is important to City of Boynton Beach, ABM can deliver more project for the same price compared to other energy service companies the City is considering. This is possible because ABM self-performs about 70-80% of the proposed energy efficiency scope of work. Most other energy service companies are sales organizations. This means that they hire sub- contractors for every part of the project. This type of layered subcontracting increases soft costs that result in customers like City of Boynton Beach paying a higher cost for a project that could have been done at a lower price. Since ABM is a public company, all the profit margins are reported and can be found under the investor tab at www.abm.com. • Experience: ABM is a 100% service-based company. We design, engineer, install and then maintain systems and facilities for our clients. • Track Record: ABM has been in business for over 100 years. Unlike others, ABM has not been bought and sold and gone through different owners and management. Also, it has not been sold to foreign investors for liquidity purposes. What this means to City of Boynton Beach is that when ABM offers an energy guarantee for future years, it will stand by that guarantee from a NYSE listed company. • Longevity with Team Members: The skills necessary to deliver successful results in our reference projects will come from the same team members who will be delivering consistent expertise to City of Boynton Beach. All the projects referenced have at least two team members proposed for the City of Boynton Beach project, and our construction team members in Pompano Beach are the same personnel that will carry out implementation of the City of Boynton Beach scope of work. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of equipment, capital costs and operating and maintenance costs over the life of the equipment. The preliminary assessment, complete by ABM’s own engineering and technical expert team, is the foundation for all projects moving forward. Our preliminary report will address all of City of Boynton Beach’s opportunities in energy efficiency, operations and maintenance issues, maintenance and repair cost overruns, and capital avoidance issues. It will show City of Boynton Beach all areas for improvement, regardless of size. As the program moves forward and more information is shared, we can determine all options available to build the best solution for you. Certain energy conservation measures (ECMs) may fall out of the program for Bid Number: 009-2511-20/RW Vendor Name: ABMPage 731 of 1203 various reasons, such as payback, life cycle costs, prioritization, and client preference, but the objective of the Preliminary Assessment is to give City of Boynton Beach all options available. As a team, City of Boynton Beach and ABM build the best solution together. To do this, and as recommended by the US Department of Energy, the Preliminary Assessment must answer the following questions: • Do the recommendations meet with most the needs of City of Boynton Beach? • Is the project represented appropriate for an Energy Savings Performance Contract? • Does this appear to be a technically and financially reasonable project? • Does City of Boynton Beach believe the submitter of the assessment is a firm capable of entering into a long-term partnership with? Select the Measures Selecting the appropriate measures in the preliminary audit is one of the most important steps in the entire analysis. ABM takes a vendor/manufacturer- independent approach to analyzing facilities and selecting measures. Using our experience and proven approach, we will work closely with City of Boynton Beach to select the most feasible measures that provide maximum energy reduction. During the Preliminary Assessment, the facility will be evaluated for the selection of potential energy and operational savings measures. This evaluation is performed in two steps: STEP 1: Compiling all relevant utility data to determine the overall energy baseline for the facilities. In addition to energy usage, we will evaluate utility rate structures. Analyzing utility usage and rate structures is critical in guiding ABM for selecting measures that will reduce energy usage and maximize the financial benefit. As part of this evaluation, we can begin the process of utility incentive analysis and determine problem areas that can be identified through utility cost and usage analytics. STEP 2: Preliminary site surveys and interviews with staff to assess the present operating conditions of the facility ABM will analyze all available building documentation, building envelope and thermal performance, mechanical and electrical systems, interior and exterior lighting, control system sequences and operating schedules, and total cost of operation to determine the potential for cost reduction initiatives. We will also interview City of Boynton Beach’s staff to assess operational issues that may affect optimal facility operation. The team prioritizes potential measures with emphasis on those that best meet City of Boynton Beach’s goals, objectives, and needs. The results from this step will identify the following: • The need for mobile monitoring and sub-metering • Areas of deficiency and recommendations for conservation initiatives • Projection of anticipated savings • Assessment of operational needs, including capability of existing staff to operate and maintain properly • Cost forecast of implementation with cost justification From here, measures are evaluated and selected based on the following: Ability to Save Units of Energy Ability to Cost Effectively Measure and Verify Savings Dollar Savings Impact Based on The Reduction of Units of Energy Impact ECMs May Have on Other ECMs Potential Incentives Applicable Financial Measurement (ROI, IRR, Payback, Etc.) Impact (Positively or Negatively) On the Building and Its Occupants Constructability of The ECM Within the Existing Building Conditions. ECM Track Record for Performance Benchmarking from Other Projects Utilizing The ECM Warranty Availability Complexity and Cost to Continuously Maintain ECM Expertise of Existing Staff and Ability to Adequately Operate and Maintain ECM Expected Effects on Operations and Maintenance ABM is a facility solutions leader, operating and maintaining over five billion square feet of facilities annually. As such, we have a unique perspective on how measures can impact City of Boynton Beach’s operations and maintenance. We understand that an aggressive payback on an ECM that is difficult to operate and maintain does not make for optimal project performance. We evaluate the ECM effects on O&M through the following steps: STEP 1: Identify additional effort and cost required of the recommended ECM during initial walkthroughs. This includes training, certification, maintenance, and any impact on building operation. STEP 2: Analyze and develop measures to minimize the impact on space comfort during occupied hours and to maintain temperature and humidity levels in critical areas. STEP 3: Evaluate new systems and technologies, focused on reducing maintenance and operational impact. STEP 4: Work with maintenance and operations staff to develop training programs designed to support new systems and technologies. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 732 of 1203 By addressing these areas and ABM’s extensive knowledge of operations and maintenance as an organization, we have a direct correlation as to how the new technologies and capital improvements affect the labor to maintain new equipment, cost savings needed in repairs, and the overall impact of the facility comfort levels. Compute Project Cost ABM self-performs most of the work on our projects, and we are positioned to provide City of Boynton Beach with the most cost-effective and accurate pricing structure. ABM performs over $800M a year in projects, giving us tremendous purchasing power nationally and an expansive database of pricing models and costs for different systems and installations. When costing for a project is developed, an extensive review process is followed to ensure integrity of the design and pricing. If an ECM appears either too high or too low, it is compared to the project database to determine the discrepancy and appropriate corrections are made. Our national purchasing power, experience, and review processes ensure City of Boynton Beach that you are receiving the most cost- effective, comprehensive solution to your energy-efficiency upgrades. Specific practices employed by ABM when computing project cost in the Preliminary Assessment phase include, but are not limited to: Order of Magnitude Estimate • Previous Job Experience • Construction Team Judgement • Historical Values of Products, Materials and Labor • Benchmarking • General Rule of Thumb Factor Estimating • Comparison to known cost for similar facility and factoring cost for size, place and time Cost Modeling RS Means Estimating Centralized Purchasing Clear Identification of Task Broad Participation in Preparation and Review of Estimates Maintaining Standard Approach and Structure to Estimating Contingency Approach Identification of Excluded Cost Spot Subcontractor Pricing in Writing Calculate Energy and Water Savings The first step in evaluating energy and water savings consists of compiling all relevant utility data to determine the energy baseline for the facility. In addition to energy usage, we will evaluate utility rate structures and develop an energy balance for the facility, assigning utility usage to various building systems. Once we’ve established the utility baseline and performed the energy balance for the facility, savings are calculated for each measure, paying attention to the specific systems affected and potential interactions between systems and measures. At the Preliminary Assessment stage, ABM calculates the energy and water savings by using the following: • Retrofit isolation method for each measure with spread sheet calculations • Building modeling software Data used in calculations may be obtained from historic facility data, interviews with facility personnel, equipment nameplate and schedule data, regression analysis, or site observation. Depending on the measure, ABM may take spot measurements for amperage, temperature, humidity, etc., or deploy preliminary data logging equipment, but this is typically reserved for the Investment Grade Audit phase. Using the information gathered, we can: Provide key benchmarking metrics, including cost per square foot, energy usage index, and carbon footprint • Current and potential energy costs • Current and proposed performance of energy, comfort, and ventilation systems • Cost/benefit analysis and ROI for proposed measures Provide an energy balance showing utility usage by building system Provide an assessment of operating efficiency of building’s systems along with identification of energy or comfort problems • Easy to understand breakdown of performance analysis • Energy Benchmark reports showing ENERGY STAR score and cost-savings potential Based on our preliminary analysis, we will meet with City of Boynton Beach and determine the best approach to move forward with in the IGA phase. Identify Utility Incentives In 2018, ABM was able to identify and receive for our clients over $10M in Utility/State/Federal rebates. We have been working with utility companies for over 100 years on an annual basis to help them achieve their energy efficiency rebate goals. We are typically involved with the utilities throughout the year, evaluating what rebates are coming out and which rebate programs will apply to our clients. ABM energy engineers and our grant writing team also leverage additional incentive programs, such as those identified on http://www.dsireusa.org/. For City of Boynton Beach’s project, we will specifically address each rebate available based on the ECM list developed. The utility program managers will be included in initial and final ECM evaluation to ensure that timing and thoroughness of the incentive application process is complete. ABM is capable of Bid Number: 009-2511-20/RW Vendor Name: ABMPage 733 of 1203 filing incentive applications on behalf of City of Boynton Beach as their authorized agent, or we can assist you in filing the application by providing information as required. In either case, this process begins in the Preliminary Assessment phase. Any rebates/incentives will be paid to City of Boynton Beach; ABM does not benefit financially from the rebates. On every project, we reach out to City of Boynton Beach’s utility representatives for electricity, natural gas, fuel oil, propane, water, sewer, trash removal, and other utility services. We engage the utility representatives early in project development and walk the sites with them to ensure that we are capturing all available rebates and incentives. As these incentive programs are often changing, it is important to pre-reserve incentive allocations when necessary. Create an M&V Plan At the preliminary assessment phase, developing the first plan for measurement and verification (M&V) is critical to the putting the ECMs together. It is critical that the development team address how we will be able to verify and monitor the savings associated with the recommended ECMs. The M&V team always develops the initial baseline of utility data, ensuring that they know and can evaluate the initial/current spend on site. They enter all the information into the MATRIX software systems for evaluation and benchmarking against other facilities with similar design/region/building usage. The M&V Plan developed during the preliminary assessment phase is used primarily to validate the findings of the technical development team. They work with the development team to make sure that all potential savings being evaluated are achievable and real. From the Preliminary to the Investment Grade Audit. The transition from preliminary assessment to the investment grade audit (IGA) is seamless. ABM keeps the same team on the project from initial building assessment all the way through project implementation, providing City of Boynton Beach with a single point of contact through the entire process. Developing a great preliminary assessment allows the development team to dive deep in the IGA phase. By collecting all the necessary data during the preliminary stage, the development team verifies and justifies the different ECMs available and evaluates their value to the program. While we do use the same team for the IGA, we also bring in at least one or two other energy engineers in the beginning to do an evaluation of the facility. This ensures that nothing has slipped by the original development team and that there have been multiple eyes on every aspect of the facility. For timing purposes, the team is already dedicated to the program/project so there is no delay on the transition from preliminary assessment to IGA. Capital Improvements Planning, Management and Sustainability CAPITAL VOLATILITY ANALYSIS ABM has piloted a process that applies a budget stress test based on the exposure our clients have with the owning and operating costs of their HVAC system. The impact of this tool highlights a facility’s financial exposure to the operational cost of aging equipment and how it affects the annual Operating Budget. Helping our clients identify what this annualized dollar amount is, assists them in their facility budget planning process each year. ABM will evaluate every piece of HVAC equipment, building fenestration, plumbing systems and other structures to apply a Letter Condition Index based on several criteria. This process applies a grade based on remaining asset life, maintenance records, environmental conditions, wear and tear, criticality of the system, value of the asset, and other details leading to an estimation of the value of each asset per letter grade. This allows our clients to see the specific condition of their assets and determine the volatility of the capital budget based on this assessment. For the ABM experts, it provides us guidance on the type of solution to offer for each asset per letter grade and condition index. For example: • Condition Index Grade A and B Equipment – Typically just requires that routine maintenance be performed by the appropriate expert. • Condition Index Grade C Equipment – Depending on the collaborative efforts of our team and yours, this equipment may need some repairs and maintenance before putting back into service. If costs exceed the value of the equipment, our experts will advise on the best course of action. The goal for this asset class is to slow the speed of degradation and move the equipment into a B rating so its life expectancy can be extended. • Condition Index Grade D and F Equipment – This equipment will be at or past its expected useful life and will therefore have only one possible future which is replacement. The benefit of indexing this equipment is to measure the potential for budget integrity issues based on the exposure the client has. Weighting criteria is assigned to the equipment based on the criticality of the asset and the ability to fund a solution should a failure occur. This process will allow City of Boynton Beach to gain a new understanding of capital needs and the future cost expectation. The analysis is based on your past expenditures and provides a proactive plan for systematically replacing these assets with the most cost- effective and unbiased solution. HVAC ASSET REPORTING ABM offers HVAC asset management as well. This data is critical in understanding and identifying risk and capital exposure for each individual site. Once the data is compiled the report is designed to allow ABM to help manage the assets over a five to ten-year period. Typical data captured is model and serial numbers, refrigerate types and amounts, fan hp and filter and belt data. Once this data is compiled into the report it generates a summary of critical points that allow the client to make better decisions for current and future asset planning. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 734 of 1203 Explain how Proposer intends to meet the budgetary goals and timetables using the Design and Performance Criteria herein to include the following: See below... Implementation of conflict resolution methods.Closed Loop Feedback Although we strive for perfect service, the reality is that errors occur. ABM addresses negative feedback or complaints by clearly identifying the issue and providing prompt corrective action. To ensure the proper response is initiated, we group issues into three categories: • Service-related problem • Request for non-contract work • Compliment or suggestion When City of Boynton Beach or a technician contacts us with a problem, we respond quickly. We contact the person who reported the issue by phone or in person. Work orders are entered into ABM’s Quality Management System in a variety of ways including integration with client systems and our client service request portal. After we determine the issue is a mechanical problem, our system automatically determines who should receive the work order and immediately dispatches to that person through a variety of wireless devices. Additionally, staff members can enter work orders from a wireless device when performing site inspections, or as a result of an observation during a site visit. ABM uses closed-loop communication to ensure that the work requested is completed to City of Boynton Beach’s satisfaction. In closed-loop communication our supervisory personnel follow up with the service workers on service issues and requests, verifying that the work is complete and meets our high standards. We then make contact again to verify that the problem has been corrected to your satisfaction. For requests outside the scope of our contract work, we follow our client’s protocol for authorizing extra work. On receipt of compliments or suggestions, we forward them to the appropriate supervisor, manager or team so that they may be addressed appropriately. All ABM site management will carry smart phone platform communications, which will have cell/email access to both ABM communication systems and City of Boynton Beach’s communication systems. This will enable ABM to receive the critical request, evaluate it and assign a completion cycle that is dispatched to the client. Once the completion cycle is closed, the client is then notified. Emergency Escalation Procedure ABM’s escalation process is maintained within our work order system. When we receive your work orders, the system automatically assigns the work order to the appropriate ABM staff member and sends that staff member an immediate email. For emergencies, the system also sends a copy of the work order to the ABM Account Manager and ABM local management. ABM’s Client Care Center provides “warm hand-off” for emergency work orders 24/7. To be specific, the Client Care Center will phone the appropriate ABM staff member to alert the staff member to the emergency work order. If the Client Care Center cannot reach the primary ABM staff member, the Client Care Center will move up the system-maintained escalation list until a person is reached in real-time. At ABM, we provide a single contact point to our customers and leverage our Client Care Center to handle the escalation 24/7. Trouble Calls ABM’s dispatch procedure ensures the seamless and timely flow of information from tenants to workforce and back again. ABM manages the dispatch process for all trouble calls through the work order control module of its Alliance CMMS. This module allows quick entry of work requests as received. The system is configured to allow fast response to those requests. Under ABM’s operating strategy, accountability is a key element. ABM’s goal is 100% accountability for site labor. Scheduled work, such as projects, predictive and preventive maintenance, and unscheduled work, such as breakdown repair, are tracked through the system. Meticulous and timely work order administration, combined with periodic internal reviews and audits, ensure the records are both accurate and up to date. The database can then be used effectively to report activity and backlog to management, assisting them with workflow control and with the proper charging of the cost for work performed against appropriate cost centers. All request for services via a phone call or email from the City of Boynton Beach go directly to the Customer Care Center. As calls/emails are received, a work order is opened in Alliance, which is time and date stamped. The Customer Care Center dispatches the appropriate technician to the client site and upon receipt of a verified ETA (estimated time of arrival), the Customer Care Center communicates the ETA to the client and reconfirms the technician is on-site within the ETA that was established. Upon completion of the work, the Customer Care Center contacts the client to confirm the work was completed to the client’s satisfaction. After completion of the work, the Customer Care Advocate completes an internal audit of the service work order and formally closes the work order for final processing. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 735 of 1203 Description of schedule controls.SITE INSPECTIONS ABM uses a custom enterprise inspection system, designed specifically to assist in the field of facility service inspections. After many years of using “off-the-shelf” inspection software, ABM invested both time and monetary resources to create this tool for accomplishing these important areas: • Provide recent, relevant, performance history to both ABM and clients. • Accurately record data as to the level of service performed. • Prompt ABM personnel to review all cleaning process steps within a particular room type. • Reduce administrative dependency to input manually collected inspection data. • Hierarchal design that allows managers to view the performance history of the accounts they, and their people, are responsible for. • “Real-time”, readily accessible reports which allow our clients, and our site personnel, the ability to effectively analyze and extract the necessary information to maintain service performance. • Provide trended statistical analysis from which fact-based operational decisions can be determined and/or affirmed (24 months of history remains online before being archived). • Server based and centrally controlled by our IT and Center of Excellence departments to ensure regular maintenance, security and updates are handled properly. • The entire system is backed up nightly and is a part of our IT department’s disaster recovery plan. • End users are supported by our Client Services and Center of Excellence team members. • Customers may also participate in the data collection. Our SITE inspection system has the scalability to handle any size facility, from sub 1000 sq/ft buildings through multi-million sq/ft, multi-building complexes. The size and scope of the installation will vary based on the size and scope of the site. Grading Scale To reduce subjectivity differences, often seen in 1 - 5 or exemplary - satisfactory - fair - poor style grading scales, ABM uses a “Satisfactory”, “Unsatisfactory” or “Not Applicable” grading scale. Users will be grading the individual process steps that are completed in order to service that particular room type. The decision of “Satisfactory”, “Unsatisfactory” or “Not Applicable” will be based upon the unique specification of the contract. In addition, to pinpoint our findings, the system allows text and photographic documentation to allow greater accuracy in determining our necessary corrective actions needed to continue delivering exceptional service. To allow the flexibility needed to inspect our diverse customer base, ABM has created 70+ customized room types, allowing us to accurately inspect any area regardless of floor surface and contract specifications. Our system easily handles the standard room types of Common Area, Conference Rooms and Offices, as well as those non-standard areas including ATM’s, Fountain/Statues, Production Floor, Flight Simulator, Data Processing, etc. The questions asked within these room types are the exact process steps that we use to clean those areas. By inspecting what we expect, not only do we constantly reinforce consistent results, but we have the data to identify which processes are needing additional attention, training, monitoring, etc. As an added value service for our customers, every room type has a maintenance question to allow our inspectors to enter in non-emergency maintenance items found in the facility, which can then be viewed online or printed immediately after the inspection is completed. Reports To ensure that all areas of our customer’s facility are inspected in a specified timeframe our ability to assign inspection frequencies and alerts ensures we consistently inspect those areas in your facility. In addition to having the ability to review inspections daily and trended results at any time via the internet, we can provide monthly, quarterly and/or semi-annual reports detailed in tabular and graphical format. Our results can be viewed by: • Entire Facility • Individual Building • Floor • Inspector • Cleaner • Room Type • Question Bid Number: 009-2511-20/RW Vendor Name: ABMPage 736 of 1203 Description of change order controls.SITE INSPECTIONS ABM uses a custom enterprise inspection system, designed specifically to assist in the field of facility service inspections. After many years of using “off-the-shelf” inspection software, ABM invested both time and monetary resources to create this tool for accomplishing these important areas: • Provide recent, relevant, performance history to both ABM and clients. • Accurately record data as to the level of service performed. • Prompt ABM personnel to review all cleaning process steps within a particular room type. • Reduce administrative dependency to input manually collected inspection data. • Hierarchal design that allows managers to view the performance history of the accounts they, and their people, are responsible for. • “Real-time”, readily accessible reports which allow our clients, and our site personnel, the ability to effectively analyze and extract the necessary information to maintain service performance. • Provide trended statistical analysis from which fact-based operational decisions can be determined and/or affirmed (24 months of history remains online before being archived). • Server based and centrally controlled by our IT and Center of Excellence departments to ensure regular maintenance, security and updates are handled properly. • The entire system is backed up nightly and is a part of our IT department’s disaster recovery plan. • End users are supported by our Client Services and Center of Excellence team members. • Customers may also participate in the data collection. Our SITE inspection system has the scalability to handle any size facility, from sub 1000 sq/ft buildings through multi-million sq/ft, multi-building complexes. The size and scope of the installation will vary based on the size and scope of the site. Grading Scale To reduce subjectivity differences, often seen in 1 - 5 or exemplary - satisfactory - fair - poor style grading scales, ABM uses a “Satisfactory”, “Unsatisfactory” or “Not Applicable” grading scale. Users will be grading the individual process steps that are completed in order to service that particular room type. The decision of “Satisfactory”, “Unsatisfactory” or “Not Applicable” will be based upon the unique specification of the contract. In addition, to pinpoint our findings, the system allows text and photographic documentation to allow greater accuracy in determining our necessary corrective actions needed to continue delivering exceptional service. To allow the flexibility needed to inspect our diverse customer base, ABM has created 70+ customized room types, allowing us to accurately inspect any area regardless of floor surface and contract specifications. Our system easily handles the standard room types of Common Area, Conference Rooms and Offices, as well as those non-standard areas including ATM’s, Fountain/Statues, Production Floor, Flight Simulator, Data Processing, etc. The questions asked within these room types are the exact process steps that we use to clean those areas. By inspecting what we expect, not only do we constantly reinforce consistent results, but we have the data to identify which processes are needing additional attention, training, monitoring, etc. As an added value service for our customers, every room type has a maintenance question to allow our inspectors to enter in non-emergency maintenance items found in the facility, which can then be viewed online or printed immediately after the inspection is completed. Reports To ensure that all areas of our customer’s facility are inspected in a specified timeframe our ability to assign inspection frequencies and alerts ensures we consistently inspect those areas in your facility. In addition to having the ability to review inspections daily and trended results at any time via the internet, we can provide monthly, quarterly and/or semi-annual reports detailed in tabular and graphical format. Our results can be viewed by: • Entire Facility • Individual Building • Floor • Inspector • Cleaner • Room Type • Question Provide examples of Quality Control Reports the Proposer has used with other customers of Proposer. A Quality Control Report can be found with our Organizational Chart file. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 737 of 1203 Understanding of the construction contingency to include: 1) who should be in control, 2) the main purpose, and 3) who approves its utilization. Upon award of this service agreement, ABM/s General Manager, Operations Manager, Service Manager, and Financial Manager would meet with representatives of City of Boynton Beach to review and confirm our understandings of your service expectations for the City. Items to be reviewed would include: Site Safety Plans Scheduling of Quarterly Service Delivery Security and Access to Each Facility, Local Contacts and Sign In Procedures Staging Areas and Material Storage Service Tasks per Listed HVAC Equipment (see tasking sheets attached) Docmentation on an Exception Basis; Allows for More Time Doing vs Writing Post Delivery Communications Communications of Abnornal Situations, Including Recommendations Corrective Actions and Updates Day to Day Communications Emergency Service Contact and Procedures After Hours Access Customer C.A.R.E. Program ABM will build a quarterly delivery schedule, using both the expectations defined in your bid document, the information collected during the above-noted meeting and our generally accepted PM practices as outlined in our Service Tasking Sheets. Supplies and tools anticipated for the service effort will be pre-stocked to maximize the service technicians productive time at your site. Your representatives will be notified in advance of any scheduled service calls to ensure no disruption of branch operations. Following service delivery (Planned, Emergency, or Requested Repair), our service coordinator will collect all the service reports and relevant information and transmit to your representative. Our financial manager will work with your team to streamline the invoice and payment process to work best for both our organizations. Your processes and procedures will be understood by our team to help facilitate that effort. Initially, we will ask to meet quarterly to review the activities of the past quarter, obtain your feedback and then adjust our behaviors to account for the information we learn in that meeting. Provide examples of how your firm ensures that the project stays within budget during each phase of construction and what assurances are given that the estimate may be accurate or reliable. IMPLEMENTATION PLAN ABM will work with City of Boynton Beach to execute your implementation plan based on the specific issues and facility requirements. We’ll develop this plan in acute detail as we work with your staff to gain a clear understanding on how our HVAC maintenance team should interface with your staff. ABM will work in strict accordance with City of Boynton Beach procedures, rules, and regulations for site orientation and contractor admittance requirements. The safety of your staff and our own personnel is of paramount importance. Our team will be prepared to implement the preventative maintenance program in a manner that ensures success. We’ll conduct progress meetings, which include an agenda and post-meeting notes provided at your request. Our maintenance team’s level of communication and responsiveness has set a new industry standard and has earned us the respect and appreciation of our clients. ABM is a licensed mechanical contractor. We avoid the mark-up stacking scenarios shared by our competitors and maximize the full benefit for City of Boynton Beach. When a need arises, we will use our national buying agreements with all the major HVAC manufacturers. This allows us to get the best pricing available for our needs and our clients. SERVICE DELIVERY Using information gathered from our facility walk-throughs and specifications provided by City of Boynton Beach, allows us to customize a plan that specifically addresses your requirements while taking advantage of our proven, documented methods. Program Development ABM’s unique process for building janitorial programs in local governments and cities uses the following proprietary assessment tools to develop customized programs for our clients: Facility Survey The first step in developing an efficient janitorial program, the facility survey entails physically inspecting every area to collect critical information on work specifications/frequencies, shift-day coverage, square footage, types of floor surfaces, etc. Standard Hours Value Analysis Utilizing the data collected during the facility survey, we categorize the cleaning plan, by area, based on the statement of work, to determine the proper workload. This step provides the recommended level of labor hours to efficiently perform the janitorial program. Labor Deployment Plan Using the Standard Hours Value Analysis, the next step of the process is the creation of a plan, which illustrates total hours, day coverage, shift coverage and labor costs associated with the services to be performed. We also identify areas for possible improvements to the janitorial program. Capital Investment Strategy The final step in formulating the janitorial program is the development of an investment strategy for all equipment, chemicals and supplies. Armed with this information about your facility, we begin the implementation phase of the program. Project Management Reporting: Provide an explanation of how the firm proposes to manage and report each aspect of the Project to realize budgetary goals, timetables and quality control objectives. Throughout the project, quality assurance procedures employed by ABM include the following, at a minimum: Bid Number: 009-2511-20/RW Vendor Name: ABMPage 738 of 1203 Regulatory Compliance Adherence to local, state, and federal statutes and regulations. During the audit and energy analysis phase of the project, compliance with the required regulatory bodies, codes, and standards is developed. This information is formalized in the project design criteria and, when appropriate, is scheduled as a task or milestone. Construction Management Complete authority to develop and authorize work plans within the approved contract scope and budget. The Project Manager delegates the commitment of project resources to the site Construction Manager. ABM will provide on-site construction management during all critical points in the construction process. The Construction Manager may also manage the project from off-site locations during periods of the project with minimal on-site activity. Scheduling ABM carefully schedules and tracks the performance of projects, ensuring timely purchase and delivery of material and equipment. We will secure adequate manpower and resources, as needed. For scheduling, we use Microsoft Project and self-developed databases and spreadsheets. We maintain all project-related documentation and correspondence in a standardized fashion within a “job folder” housed on our network. Our Project Managers rely on our real-time project cost management database to ensure the project remains on-time and on-budget. Key milestones, such as obtaining permits and host facility approvals, have equal weight as the more labor- intensive tasks since they can impact the overall project duration. Scheduling and frequent auditing for compliance with the anticipated project construction plan is a major focus of our construction management staff. We detect deviations from the schedule quickly and take swift corrective action to restore the schedule. Careful attention to scheduling allows for anticipation of delays and development of a work-around plan to minimize their effects. Compliance Auditing Scheduling and frequent auditing for compliance with the anticipated project construction plan is a major focus of the ABM construction management staff. Deviations from the schedule are quickly detected and swift corrective action taken as necessary to restore the schedule. The careful attention to scheduling allows for anticipation of delays and development of a work around plan to minimize their effects. The project scheduling documentation is readily available to client for auditing, review and comment as frequently as necessary for your comfort. A flowchart is developed early on, defining the relationships between the parties and identifying roles and responsibilities, communication channels, and sign-off or quality control authority of each team member. Progress meetings are convened on a regular basis, both within the ABM team and with the facility in order to manage properly and keep all interested parties informed of critical dates. Problem Resolution The Construction Manager has complete on-site project authority to resolve construction problems, including the ability to allocate resources, settle conflicts, and initiate corrective actions to resolve a problem. Project performance bonds Bid Number: 009-2511-20/RW Vendor Name: ABMPage 739 of 1203 are used to ensure sub-contractor lack of performance will not impact overall project quality, and the Construction Manager has a pre-qualified list of subcontractors in the event a substitution is required. Resources Complete control of project resources is maintained at the Project Manager level. Additionally, the Construction Manager has authority over all on-site resources, including the commitment and allocation of funding, and personnel within the framework of the contract requirements. Decision-Making The Construction Manager has operational decision-making authority within the limitations of the contract. Examples of site level decisions include personnel hire and dismissal, purchase of services and materials, and establishment of project policies and procedures. Commitment Full commitment authority is provided to the Construction Manager, up to the limit of the contract. Each successive management level has commensurate authority for commitments up to the level of their budget and area of responsibility within the framework of contract requirements and project policy. Project Control The Project Manager directs work schedules based on coordination meetings with City of Boynton Beach. The Construction Manager continually monitors and controls the project with respect to scope, schedule, and budget. Management of the Triple Constraint is imperative in successful project execution. A project schedule will be published initially after award of the project. Using the Work Breakdown Structure and CPM schedule, the Construction Manager will continually monitor Earned Value to ensure cost and schedule performance are on track. Also critical in controlling the project, the Construction Manager will be responsible for verification of the subcontractor schedule of values and percent complete to ensure that only the work in place is being paid for. Commissioning It is the responsibility of the Project Manager to develop the Commissioning Plan (CP) prior to executing the work of the project. With the engineering staff, the Project Manager will help develop the CP to ensure the product meets design intent, customer expectations, and fitness of use. The Construction Manager will assist in implementing the plan and will oversee the commissioning agent through the entire process. Contract Auditing Prior to release of final payment to subcontractors, the Construction Manager will conduct a contract audit to ensure that the subcontractor has delivered all components outlined in the subcontract. Once complete, the audit is reviewed by the Project Manager and the subcontract is closed out and final payment is released. Project Closeout At the completion of every project, ABM submits to City of Boynton Beach a set of “as-built” drawings, operation manuals, maintenance manuals, commissioning report, and a list of recommended spare parts. ABM also provides training for on- site facility personnel to familiarize staff with operations and maintenance (O&M) procedures for all new equipment and/or software installed in the project. Quality Inspections We inspect our clients’ facilities on a regular schedule, based on the client’s requirements (typically daily and weekly), and results from the inspection are entered into our quality management system, SITE™. Using SITE which is a web- based solution that can be accessed through handheld devices, tasks are rated on a pass/fail scale during the inspection. Our Quality Assurance program allows us to identify any discrepancies with our service delivery before the matter becomes a bigger issue. If during the inspection a service issue is found, we take corrective action to resolve the problem area and implement a procedure to prevent the issue from reoccurring. We make sure our managers and supervisors conducting the inspection can communicate any uncovered issues to the client and other account team member via e-mail, phone, and radio to promote full transparency. The key point here is that we work to resolve the issue and confirm that the client is satisfied with how the matter was resolved. Our Quality Assurance program encompasses: • Self-Inspections/Peer Inspections: Self-inspections and peer reviews are fundamental elements of first line quality control. Daily random inspections are conducted of work performance relative to documented job plans and standards. These inspections facilitate prompt identification and correction of substandard services and/or personnel performance. • Quality Control Inspections: Scheduled (formal) and unscheduled (informal) inspections are conducted by the onsite team. Results Logs and any available inspection reports are reviewed and identified issues are promptly addressed. • Compliance Audits: Scheduled and unscheduled audits are undertaken quarterly by the onsite manager and corporate management. Audits are also conducted by other corporate members to assess performance of all contractual Bid Number: 009-2511-20/RW Vendor Name: ABMPage 740 of 1203 requirements. • Client Satisfaction Feedback: As an optional service, we can also provide client satisfaction surveys for clients who want to evaluate the perceived effectiveness, timeliness and quality of our services. Surveys receiving less than satisfactory ratings are documented as client complaints and investigated. Corrective actions are implemented and tracked through until resolution and client satisfaction has been achieved. • Validated Client Complaints: Onsite management investigates all client complaints. Validated complaints are reported during Performance Evaluation Meetings to identify any trends and may generate unscheduled periodic inspections. Corrective actions are implemented and tracked through resolution and client satisfaction has been achieved. Performance Tracking As previously mentioned, inspection and audit results are tracked using SITE to ensure everything we need to know about how we are performing is right at our fingertips. This system is an in-house, custom-built inspection system, designed specifically to assist in the field of janitorial service inspections. SITE accurately records the level of service performed, provides a succinct review of all cleaning areas within a particular room type, and reduces the administrative dependency of having to manually input collected inspection data. SITE utilizes a hierarchal design that allows managers to view the historical performance of the accounts they, and their people, manage. The following benefits are achieved through use of this quality management system: • “Real-time”, readily accessible reports, which allow our customers, and our site personnel, the ability to effectively analyze and extract the necessary information to maintain service performance. • Trending statistical analysis from which fact-based operational decisions can be determined and/or affirmed (24 months of history remains online before being archived). • Server based and centrally controlled by our IT and Quality departments to ensure regular maintenance, security and updates are handled properly. • System is backed up nightly and is protected under our IT department’s disaster recovery plan. • End users are supported by our helpdesk and dedicated corporate quality department team members. • Clients may also participate in the data collection. • Data can be uploaded through any desktop, laptop, tablet, or smartphone with internet access which provides flexibility to important performance information without sacrificing functionality. SITE’s design is based on our clients’ requirements. We establish parameters for each cleaning area during program start up and an evaluation of the condition of the facility along with baseline quality objectives are specified at the outset. These objectives become the benchmark for all future inspections for each individual area. In the event of a service issue, we will ensure that the appropriate corrective action is completed in a timely fashion and reported back to the branch office once the issue has been addressed. Inspection Reports Customized inspection reports and survey results provide feedback for process improvement. Inspection reports can be viewed daily online through a password protected web portal or via an Excel report accessed through email. If an overall inspection score were to fall below the established benchmark, cleaning requests are then generated and sent automatically. Benchmarks or quality levels can be set and viewed against the results. Daily inspection reports typically contain the following information: • Date and time, detailed location of the inspection, as well as room numbers, where applicable. • A detailed inspection result of the area that includes compliance of contract requirements. • Name of the person conducting the inspection. Submit a comprehensive Project Management Reporting system to include but not limited to narrative reporting, schedule controls, cost controls and estimating, project accounting, accounting and payment and action controls. PROJECT AND IMPLEMENTATION MANAGEMENT Project Management traditionally refers to managing a project’s installation or proposed upgrades upon completion of engineering and signed contracts. ABM’s Project Managers provide support throughout the entire project, offering insight into the design and estimation of the job, approving the proposed schedule, and remaining a key team player through project close-out. Our Project Managers, each with at least 15 years in the industry, are experienced working within the K-12 large project environment. The most complicated projects run smoothly because of their clear communication on schedules, and ability to meet or exceed client expectations. ABM- employed project and construction managers oversee each of our projects and follow an “Implementation Management” plan consisting of seven categories: • Project Management • Cost Management • Time Management • Contract Administrator • Quality Management • Safety Management • Professional Practice IMPLEMENTATION MANAGEMENT Implementation Management at ABM encompasses all the management activities that are over and above the normal architectural and engineering services conducted during the pre-design, design, and construction phases of a project Bid Number: 009-2511-20/RW Vendor Name: ABMPage 741 of 1203 that contribute to the control of cost and time. ABM Project Management is just that – the management of all aspects of planning and construction for any given project. Your dedicated Project Manager will ensure: • All Equipment Operating • Proper Air Flows • Proper Supply Air Temperature • Proper Space Condition • Audit Process in Place • Proper Building Conditions • Proper Water Flows • Proper Water Temperature • ECMs Operating Per Specification • Training • 100% Client Satisfaction • Drawing Delivered • Client Sign-Off • Client Training Complete • O&M Manuals Delivered • Final Reports The Senior Project Manager directs the project from initial project design to commissioning and turnover. He is responsible for accomplishing the key elements required to ensure successful project implementation and performance. The Project Manager will schedule all project meetings, including an initial kick-off meeting with City of Boynton Beach personnel. During the kick-off meeting, City of Boynton Beach and ABM review the project objectives, timelines, and obligations of each party to ensure the project’s success. Specific discussion items for the kick-off meeting include: • Review of the scope of work and preliminary project schedule • Project contact information for the client, ABM and subcontractors • Security issues and access to all areas included in the scope of work • Work hours for site personnel and contractor staff • Site safety plan • Client requirements for all subcontracting personnel accessing the client’s facilities • Hazardous areas in the facility and a plan to handle hazardous materials that may be affected • Required permits (confined space, hot work, local building, electrical, etc.) • Client and ABM concerns • Anticipated project impacts during construction (what the client can expect) • Staging areas, trailers, material storage, lockable space • Discussion of any unique site-specific requirements, such as keeping dumpsters off of sidewalks to avoid damage form steam and/or condensate piping immediately underneath Once all ECM designs and specifications are developed, presented to City of Boynton Beach’s staff, and have received final approval, the Project Manager will begin implementing the project in a collaborative effort with site personnel. Project management procedures employed by ABM include the following, at a minimum: • Adheres to State / Region statutes and regulations. • Directs subcontractor work schedules based on coordination meetings with City of Boynton Beach. • Requires sub-contractor(s) to submit status reports (daily, weekly). • Conducts weekly construction meetings unless directed otherwise by City of Boynton Beach personnel. • Performs work completed and schedule “look aheads” to keep City of Boynton Beach informed of affected areas. • Schedules informal kick-off meetings with a representative for each affected building and coordinates future work with this individual as the “primary point of contact” for that facility. • Requires all ABM and sub-contractor personnel to wear identification badges, or other required form of identification, when on the building premises. • Tracks all material and labor on a daily and weekly basis and reports project progress to ABM Management via Percent Complete Reporting; this same information is used for accounting and invoicing City of Boynton Beach. • Generates Meeting Minutes from the weekly construction meeting and distributes electronically to the Client Project Team. In order for these minutes to become accepted by the team, ABM requests a positive response from a City of Boynton Beach representative within five business days of transmittal unlike the standard practice which is to accept no response as acceptance as fact. • Inspects work during site visits and reviews work with contractor. All deficiencies and punch list items are noted at this time. As soon as practical following these walk-throughs a timeline is established and provided to City of Boynton Beach for completion of open items. • Documents all changes to the work and receives appropriate approvals before initiating any changes to the scope of work. • “Red lines” documents and generates the project “As-Builts”, which are provided to City of Boynton Beach in the project turnover package. • Coordinates all commissioning and initiates training procedures. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 742 of 1203 • Oversees the preparation of all operations and maintenance documentation. All punch list issues will be resolved prior to final acceptance of the project by site staff. Completed as-built drawings, operations and maintenance manuals, and other pertinent documents will be submitted and approved as part of the commissioning and turnover. All procedures outlined in the performance contract will be strictly observed. Temporary facilities established at the site will be removed and all aspects of the facility will be restored to their original condition. Several construction management tasks are worth special note, since they are key to a smooth implementation phase. The following describes ABM’s approach to specific tasks in managing design/build construction activities that will ensure the final product meets the design intent with seamless communications between the ABM construction team and City of Boynton Beach. SAFETY Safety is our top priority. As an energy services industry leader, ABM works on numerous local projects and is familiar with local code compliance. Prior to beginning construction, we will develop a site safety and health plan specifically tailored to the job site and the work to be performed. Our project managers are responsible for strict adherence to safety codes to ensure the safety of all employees, subcontractors, City of Boynton Beach, and other site personnel. ABM’s contract administrators and project managers have attended a recent OSHA Voluntary Compliance Outreach Program. In the regular project management meetings that will take place throughout this job, ECM installation safety will be among the primary topics. Safety is an integral part of our culture and daily business practices. Our core assumption is that all incidents are preventable. We are intent on maintaining the safest possible environment and avoiding any human tragedy and costly delays that could result from safety breaches. CONSTRUCTION COORDINATION Because of ABM’s attention to and understanding of client-driven requirements, our team will be prepared to implement the project in a manner that ensures success. Disruptions to the facility environment are eliminated and systems shutdowns are performed at times when they are not required to be in service. This process has been perfected in the 20,000+ facilities that we serve – a combined total of over ONE BILLION square feet of municipalities, schools, colleges, military bases, and hospitals. FLEXIBILITY As emphasized throughout this proposal, ABM encourages flexibility and collaboration in the project development process. We exercise flexibility when it comes to inclusion of non-energy saving capital improvements within projects, as well as other types of owner participation. In fact, as a service provider within various federal Maintenance Repair and Rehabilitation programs, we have amassed millions of dollars in project experience with design build projects that do not necessarily include energy efficiency measures. In addition, we’ve had numerous projects with satisfied clients who awarded the company follow-up energy-related and other operational work. COMMUNICATION Successful project management revolves around effective communication. Our approach emphasizes frequent, streamlined communication as the basis of efficient project management to minimize disruption to your operations. We will consult Client staff appropriately on all significant issues in a timely manner and will designate a lead ABM staff member to communicate with specific team members during each phase of work. Our goal is to ensure that City of Boynton Beach’s representatives receive a single, consistent message. We conduct project communications during weekly meetings, but we can issue specialized communications, such as utility interruptions, milestones verifications, and commissioning witness testing, as needed. Additionally, we will provide and manage a website dedicated to your energy performance contracting program. ABM offers private communications to assist with timely distribution of information to each client, ABM staff, contractors, etc. Creativity and Innovation in Project Approach and Solution Selection Options 1. Description Response * Discuss how the Proposer intends to use innovative approaches and/or best practices to achieve results considering safety, quality, cost and time as they relate to any and all aspects of scope of work. SAFETY Safety is our top priority. As an energy services industry leader, ABM works on numerous local projects and is familiar with local code compliance. Prior to beginning construction, we will develop a site safety and health plan specifically tailored to the job site and the work to be performed. Our project managers are responsible for strict adherence to safety codes to ensure the safety of all employees, subcontractors, City of Boynton Beach, and other site personnel. ABM’s contract administrators and project managers have attended a recent OSHA Voluntary Bid Number: 009-2511-20/RW Vendor Name: ABMPage 743 of 1203 Compliance Outreach Program. In the regular project management meetings that will take place throughout this job, ECM installation safety will be among the primary topics. Safety is an integral part of our culture and daily business practices. Our core assumption is that all incidents are preventable. We are intent on maintaining the safest possible environment and avoiding any human tragedy and costly delays that could result from safety breaches. Adherence to Industry Safety Standards and ABM Safety Program Safety is intrinsic to ABM and our culture. Our people are our most important resource and we are committed to ensuring that they are provided with a safe and healthy working environment. To accomplish this, we provide routine and site-specific safety training, safe tools and equipment, and a dedicated staff of safety representatives. ABM is one of the safest companies in the industry, and our safety record is consistently better than the national average. To achieve these results, we maintain an extensive safety program. All ABM field employees receive safety training upon hire that consists of a: safety policy review aerial lift training trade-specific, hands-on training All foremen receive, at a minimum: OSHA 10-hour training class first aid cardio-pulmonary resuscitation (CPR) training To ensure every project meets our criteria for safety, our regional safety managers: monitor safe production provide regular reports that bring about learning opportunities and communication conduct safety audits at regular intervals to correct deficient items coach staff on corrective measures, and issue formal reports confirm our foremen and field crews consistently maintain high safety standards discuss weekly “toolbox talks” conduct daily pre-task plans inspect their areas daily for safety issues stretch-and-flex prior to daily work with their assigned crews The service manager will report all safety incidents, including near misses, within eight (8) hours to the project owner via phone or email. The division safety manager will investigate all safety incidents to determine root cause(s) of the incident. Training, process modifications, or tools are put in place to prevent similar incidents in the future. Lessons learned are developed and personnel is trained to prevent recurrence. These diligent efforts work towards ABM’s goals of zero accidents and employee safety. All ABM management is required to perform safety walks on job sites with all levels of employees. Vice Presidents and above are required to perform this duty a minimum of once per quarter. Managers and supervisors are required to perform these duties a minimum of once per month. Items of inspection are based on the scope of work. These include, but are not limited to, everything from PPE usage, lock out/tag out usage, fall protection, NFPA 70E (National Fire Protection Association) adherence, job hazards, and any other item that may affect the safety of our team members. UNIFORMS AND IDENTIFICATION ABM staff members assigned to your facility will always be able to recognizable as they’ll proudly be wearing either the ABM uniform or a special uniform chosen to reflect the character of City of Boynton Beach and its facilities. The professional image of our service employees is just one more way ABM works to enhance the overall image of our clients and their facilities. We understand that establishing an identity and presence at your sites is imperative as security has become heightened in recent years. The power of a uniform doesn’t stop there. It also gives our service employees a greater sense of responsibility and accountability. They are required to keep their uniforms looking clean and presentable. Our agreement with Cintas, a leader in the uniform industry and ABM’s primary supplier, enables us to provide you with an array Bid Number: 009-2511-20/RW Vendor Name: ABMPage 744 of 1203 of well-made, high-quality apparel to choose from. All employees are also issued an official photo ID to wear as part of their uniform which must be appropriately displayed during work hours. If City of Boynton Beach requires its own facility’s badge, these will also be worn during scheduled work hours. Badges can be branded according to City of Boynton Beach’s preferences. ACCESS TO CITY OF BOYNTON BEACH ABM recognizes that City of Boynton Beach’s security is of the utmost importance. ABM agrees to comply with City of Boynton Beach’s terms of access to its facilities and will comply to the conditions listed therein. Prior to any ABM employee accessing any City of Boynton Beach facility, ABM will provide assigned employees: Proof of Citizenship Cleared Background Check Signed Arbitration Agreement OSHA Compliance Training SCREENING PROCESS To ensure that ABM hires well-qualified individuals and maintains a safe and productive work environment, it is our policy to conduct pre-employment background and reference checks on all of our employees. Background checks may include verification of any information on the applicant’s resume or application form. Offers of employment are conditioned on receipt of a background check report that is acceptable to ABM. All background checks are conducted in compliance with the Federal Fair Credit Reporting Act, the Americans with Disabilities Act, and state and federal privacy and anti- discrimination laws. Reports are kept confidential and are only viewed by individuals involved in the hiring process. Background checks may include a criminal record check, although a criminal conviction does not automatically bar an applicant from employment. Additional checks such as a driving record or credit report may be made on applicants for particular job categories if appropriate and job related. EQUIPMENT AND PARTS SUPPLY MANAGEMENT PROCESS ABM’s Equipment and Parts supply management plan consists of 3 major focus areas: 1. Preventive Maintenance Equipment and Parts Management using CMMS Systems For City of Boynton Beach, we will use Alliance CMMS systems to manage parts and equipment supplies. Each PM tasking is clearly described with the type of equipment or part to be replaced or serviced. This helps ABM order parts and equipment proactively ahead of time at a better cost instead of a last-minute costly order. 2. Equipment, Emergency or Reactive Repairs, and Consumable Inventory Control The parts for emergency or reactive/unplanned repairs, and consumables (i.e. oils, filters, cleaning solutions, water treatment chemicals, refrigerants, and fuses) inventory is critical to the facility operation, but too much or too large an inventory is undesired. Too much inventory is categorized as “unproductive” since the sources, or money, have been consumed/spent. Instead of boosting production or generating revenue, these parts and consumables are sitting on the shelves losing money. On the other hand, a small or insufficient inventory can cause unplanned down time and hurt the operation. ABM uses “The Right Size Inventory” approach – a combination of various techniques and technologies consisting of the following: Minimum Inventory Level For some consumables such as grease, refrigerants, and chemicals and parts such as screws, wires, and cables, a minimum inventory level of 5% or 10% is always kept at the site. The inventory level is determined based on the rate of consumption, availability, delivery, and lead time. Some chemicals require long delivery/lead time and complicated regulatory processes, for example acid, refrigerants such as R11, R12 – for chillers that still use R11 or R12, etc. In such cases, based on their consumption rate, an adequate amount is stored at the site in safe containers/cabinets to make sure that operation is not interrupted due to their unavailability or shortage. Inventory Control Using MTBF / MTBR / MTBM The right size inventory level is determined using Mean Time Between Failures (MTBF), Mean Time Between Repairs (MTBR), or Mean Time Between Maintenance Bid Number: 009-2511-20/RW Vendor Name: ABMPage 745 of 1203 (MTBM) data. For example: • The inventory level of fan blades for a cooling tower is determined by MTBF. • The inventory level of the modulator motors in control systems is determined by MTBR. • The inventory level of smoke detectors or batteries in smoke alarm systems is determined using MTBM. Strategic Partnership The right size inventory control also requires incorporating strategic partners into the program and supplying the expendables and consumables at the best/optimum cost and with the least interruptions. Example: The emergency generator’s fuel storage can be limited at the site due to the fuel tank size. In such a case, a contract with a strategic fuel supply partner will be in place with a guaranteed delivery within a certain period/time during an emergency. In this way, the site does not need to store a large inventory of fuel, which would require large tanks, monitoring, and regulatory complications. Through strategic partners, we still guarantee the performance and uptime at a lower storage cost. Equipment and Tools Management The right size inventory approach includes maintaining the right number of tools and equipment at the site. ABM provides basic tools to its staff to perform day to day jobs as well as specialized tools/meters/equipment if necessary. Example: If frequent indoor air quality measurement and mitigation is required, ABM will bring IAQ equipment such as CO2 meters, or air balancing tools (Air Flow hood, air measurement devices) on site and will train the staff. However, if such requirements are a few, we will rent such equipment instead of buying these. 3. Vendor Partnership & ABM Leverage ABM has national partnerships and agreements with major suppliers of O&M, Electrical, Mechanical, and Facility equipment and parts. We leverage our large buying power across sites, regions, disciplines, and broad base of customers to reduce the cost of spare parts and equipment. The discounts and savings achieved will be directly passed to City of Boynton Beach. ABM has national agreements with large national facility O&M suppliers such as Fastenal. Some of these national accounts provide additional discounts based on the size of order. We also partner with specialty equipment manufacturers such as chiller/air handler manufacturer such as Trane, York, and Carrier, control system vendors such as Honeywell, Johnson Control, Siemens, and Distech, electrical equipment vendors such as ABB, Cutler Hammer, and Siemens, and Plumbing Vendors such as Toto and American Standard. Discuss how the Proposer will utilize best practice techniques such as value engineering performance reviews, and provide evidence of previous experience with any of the methodologies presented. ABM ensures best value to City of Boynton Beach in 3 distinctive steps: Best Value Evaluation As we develop energy services projects, ABM conducts continuous evaluation against a set of established criteria designed to balance cost, need, and functionality to ensure City of Boynton Beach receives the best value. Criteria is evaluated and ranked in collaboration with City of Boynton Beach, with a minimum score established that must be met for continued consideration. ABM evaluates each ECM and the energy services project in its entirety with this methodology. Value Engineering Assessment ABM uses value engineering to solve problems and identify and eliminate unwanted costs, while improving function and quality. The aim is to increase the value of products, satisfying the product’s performance requirements at the lowest possible cost. In construction, this involves considering the availability of materials, construction methods, transportation issues, site limitations or restrictions, planning and organization, costs, profits, and so on. Benefits that can be delivered include a reduction in life cycle costs, improvement in quality, reduction of environmental impacts, and more. ABM Development and Delivery Structure ABM’s structure using an in-house technical labor force allows us to continually measure and perform well against Bid Number: 009-2511-20/RW Vendor Name: ABMPage 746 of 1203 several criteria mutually established with our clients as they determine best value. With City of Boynton Beach, this will be supported by the elimination of added layers of mark-up consistent with traditional ESCO structure; specifically subcontracting nearly all the implementation work. ABM will use our in-house skilled labor force except where we create scope to include small business/disadvantage business entities. Typical Design-Bid Build Approach vs. ABM Bundled Energy Approach ABM provides a unique advantage to implementation through our advanced self-perform capabilities, effectively eliminating traditional margins that drive up the cost of bundled energy solutions. While ABM strives to maximize our profitability, we do not mark up our contracting work as part of our energy solutions delivery process. On average, traditional ESCOs operate at 30-38% GM, which is needed to meet 15-20% overhead and 10-18% which is needed to meet 15-20% overhead and 10-18% profit requirements based on their size and divisional structures. These ESCOs self-perform 30% or less of the actual work completed in an energy project, leaving at least 70% of the project subject to this margin requirement on top of the subcontractor’s fully loaded price. This includes design engineering, mechanical, electrical, lighting, materials, and more. Each of these subcontractors will maintain margin requirements that are necessary to meet their own overhead and profit requirements, and many will carry materials that will be marked up from product distributors and then marked up again by the ESCO. Under ABM’s model, we are able to self-perform the majority of the work implemented. This means that 70- 80% or more of the total project implemented is delivered at a single margin application usually below that of competing ESCOs. Additional steps in our process are as follows: 1. Requirement for multiple quotes from subcontractors and equipment manufacturers In our equipment and materials estimating we typically request three quotes from various local suppliers and or manufacturer’s (when appropriate) and carefully evaluate any differences in specification; weight, noise or decibel ratings, efficiency, warranty, etc. If there are significant differences or an impact to cost or energy savings, we will bring this information to City of Boynton Beach’s attention to discuss the best selection. 2. Vendor Neutrality Our team brings the advantage of vendor neutrality to the project. ABM does not represent any manufacturer which allows us the unbiased analysis of equipment and services being used based solely on operational and cost benefits to our customer. Even product manufacturers who will provide other brand equipment still must bear the burden in their overhead dollars for research and development, manufacturing facilities, and marketing campaigns. 3. National Purchasing Agreements ABM has National Purchasing Agreements with multiple vendors and contractors. These agreements allow ABM to leverage our National buying power to further reduce equipment and service costs and provide even greater value to our customers. ABM has a National Procurement Organization, which is responsible for organizing purchasing agreements and strategies. We employ buyers to perform specialized category sourcing. Roughly half of these buyers have the primary responsibility of buying services and the other half are purchasing parts and materials. As part of our management process, we recurrently review and renegotiate our subcontracted services where needed for lower rates. Applicable discounts vary with local and company-wide volumes, which change regularly with each vendor. These focused relationships are regularly managed for compliance to the agreement terms, to review volumes and correct pricing, and to advise any changes in the marketplace or material challenges that must be mitigated. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 747 of 1203 Discuss in detail, the development of a mitigation strategy covering major events that might impact the scope of work such as severe weather. Business continuity, achieved through formal programs and processes, will be a key element in ABM’s ability to create value for City of Boynton Beach. ABM’s core business is keeping our clients’ facilities and buildings fully functional, and ABM’s Account Manager and technical staff are tasked with operating, maintaining, and repairing critical components of clients’ building infrastructure. For the past seven years, ABM has had 100% uptime with no un-scheduled interruptions record with our client’s sites. The facility infrastructure is the most important asset or group of assets that must be kept operational. ABM has the responsibility and accountability to see that City of Boynton Beach facilities, systems, and equipment do not impair the company’s ability to conduct business. ABM’s business continuity planning is a management process that will be used to ensure that your business operates each and every day. The basic components of a good business continuity plan include: • Planning and Implementing the activities of prevention and protection • Mitigating anticipated risks before an event occurs The planning component for business continuity is paramount. Planning for an emergency or disastrous event includes developing an emergency response plan, evacuation plan, crisis management and communications plan, disaster recovery plan, and a work- around/contingency plan. Additionally, ABM provides strategic and tactical planning for activities necessary for resumption, recovery, and restoration of businesses. ABM is prepared to develop and maintain a business continuity plan tailored to meet City of Boynton Beach needs and requirements. The plan will be reviewed and updated by ABM’s executive management on an annual basis. ABM will also develop contingency operating plans in formats based on your preferences, and that meet your approval. Depending upon the type and use of the facility, the emergency plans can encompass activities to recover and restore partially or completely interrupted critical building function(s) due to building fires, utility outages, major system outages, security breaches, terrorist scenarios, natural disasters (such as earthquakes, floods, tornados, winter storms, and hurricanes), national incidents (such as pandemic illness), and any other potential contingency. ABM will also review these plans annually with its onsite staff to make certain that employees are aware of their responsibilities and duties. Disaster Recovery Plan In the event of a disaster or significant disruption, the Account Manager will contact and coordinate his/her efforts with the appropriate City of Boynton Beach personnel. These individuals include those responsible for addressing the information technology, human resources, safety, and financial issues impacted by the disruption. ABM's business resumption efforts are coordinated through the dedicated Account Manager with the direct assistance of key regional and divisional contacts. Additionally, ABM has special supply acquisition and distribution protocols with its suppliers and distributors in the event of a serious disaster. All of these measures are in place to facilitate optimal business continuity. Developing the Disaster Preparedness and Recovery Plan Upon contract award, ABM’s Account Manager will develop a Disaster Preparedness and Recovery Plan tailored to the City of Boynton Beach portfolio. ABM’s will also prepare a monthly emergency recall roster that will include supervisors, leads, and designated key operational personnel. This roster will be developed and submitted as part of our quality control plan. If City of Boynton Beach already has a plan of its own, our plan can be utilized to enhance the existing plan, or it can be modified to blend with the existing plan. The development of a plan will consist of the following key steps: • Determine all of the potential disruptive events that could affect the people, the facility, or the processes. • Determine the probability of those events occurring • Develop mitigation plans to reduce the levels of risk to an acceptable level • Establish recovery plans for each of the disruptive events • Prioritize the business operations and provide direction for recovery actions. We can provide a Hurricane Preparedness Plan for the City of Boynton Beach upon approval of the contract. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 748 of 1203 Provide a schedule which details the Proposer’s proposed activities and how the Proposer intends to meet the required in-service date. Please see attached Proposal Schedule in the Documents tab. Provide a strategy the Proposer will employ for subcontracting work to include how local contractors will be utilized. Address the Proposer’s approach to implementation of Quality Control/Quality Assurance plan for both self- performing and subcontracted work. ABM will not be using subcontractor labor for this response. Please see Section for our Quality Control Plans for self- performed work. Subcontracted Services The following table showing how ABM utilizes in-house staff versus subcontracted staff for each step in the overall performance contracting process. Please note that this is the entirety of the process from start to finish. Process Tasks Completed by ABM Staff or Subcontractors? • Initial Facility Walk-through Audits • Engineering Calculations • Equipment and Construction Estimating • Project Management • Construction • Commissioning • Measurement & Verification • Completed by ABM Staff • Completed by ABM Staff • Completed by ABM Staff • Completed by ABM Staff • Majority Completed by ABM Staff • Completed by ABM Staff • Completed by ABM Staff ABM attempts to use our internal resources to the greatest extent we can to reduce mark-up stacking that results from subcontracting all the work being performed. For the services which we would subcontract our first path would be to work with those who already service the City. Some of the ECMs that we subcontract are: Mechanical Piping Water Conservation Controls Fenestration & Building Envelope Transformers Additional scope may include Roof coating, Green IT, kitchen exhaust controls, refrigeration upgrades on walk- ins, condenser fin service/ straightening and coil coating SUBCONTRACTORS Subcontractor Source Selection ABM employs a rigorous subcontractor sourcing process to ensure we select partners who share our commitment to quality, safety, and performance. For any scope of work to be performed, all subcontractors undergo a rigorous evaluation and vetting process prior to working with ABM, in which we evaluate and require all subcontractors to complete a thorough application, detailing information on the following topics: Company Profile Health & Safety Financial & Legal Services Provided Quality (General & Construction) Sustainability Ethics Project History & References This strategy is effective for ABM and the small business community. In FY 2018, ABM awarded $66,138,966 of subcontracts to small business firms for services and supplies, far exceeding the company goals for the year. In the past year, ABM awarded a total of $193,990,239 to Small Business and Small Disadvantaged Business concerns for a utilization rate of 33.7%. Based on our commitment to the small business community and our outstanding small business subcontracting record, we are confident in our ability to meet and exceed the goals set forth by the City. ABM has numerous sources available to identify and recruit qualified small businesses to meet established Small and Small Disadvantaged Business subcontracting goals while fulfilling project requirements. In addition to an internal ABM database of small business subcontractors, we employ the following sources and methods: • DOD Small Business Contractors and Annual Small Business Forum • Society of American Military Engineers National and Regional Small Business Conferences • The National Association of Minority Contractors • U.S. Small Business Administration (SBA) • Central Contractor Registration: access to subcontractor lists from SBA's 8(a) Business Development Bid Number: 009-2511-20/RW Vendor Name: ABMPage 749 of 1203 program, HUB Zone Empowerment Contracting Program, and Small Disadvantaged Business program through the Dynamic Small Business Search portal. • National Minority Supplier Development Council • U.S. Department of Commerce, Minority Business Development Agency Research and Information Division • Vendor Information Service of the National Minority Purchasing Council • Local business development organizations and Chambers of Commerce • Small Business Utilization trade shows • Trade publications to encourage new sources • National Association of Black Woman Entrepreneurs Describe project communication tools to ensure streamlined information to the Operations Team (Selected Contractor and City). Specific discussion items for the kick-off meeting include: • Review of the scope of work and preliminary project schedule • Project contact information for the client, ABM and subcontractors • Security issues and access to all areas included in the scope of work • Work hours for site personnel and contractor staff • Site safety plan • Client requirements for all subcontracting personnel accessing the client’s facilities • Hazardous areas in the facility and a plan to handle hazardous materials that may be affected • Required permits (confined space, hot work, local building, electrical, etc.) • Client and ABM concerns • Anticipated project impacts during construction (what the client can expect) • Staging areas, trailers, material storage, lockable space • Discussion of any unique site-specific requirements, such as keeping dumpsters off of sidewalks to avoid damage form steam and/or condensate piping immediately underneath Once all ECM designs and specifications are developed, presented to City of Boynton Beach’s staff, and have received final approval, the Project Manager will begin implementing the project in a collaborative effort with site personnel. Project management procedures employed by ABM include the following, at a minimum: • Adheres to State / Region statutes and regulations. • Directs subcontractor work schedules based on coordination meetings with City of Boynton Beach. • Requires sub-contractor(s) to submit status reports (daily, weekly). • Conducts weekly construction meetings unless directed otherwise by City of Boynton Beach personnel. • Performs work completed and schedule “look aheads” to keep City of Boynton Beach informed of affected areas. • Schedules informal kick-off meetings with a representative for each affected building and coordinates future work with this individual as the “primary point of contact” for that facility. • Requires all ABM and sub-contractor personnel to wear identification badges, or other required form of identification, when on the building premises. • Tracks all material and labor on a daily and weekly basis and reports project progress to ABM Management via Percent Complete Reporting; this same information is used for accounting and invoicing City of Boynton Beach. • Generates Meeting Minutes from the weekly construction meeting and distributes electronically to the Client Project Team. In order for these minutes to become accepted by the team, ABM requests a positive response from a City of Boynton Beach representative within five business days of transmittal unlike the standard practice which is to accept no response as acceptance as fact. • Inspects work during site visits and reviews work with contractor. All deficiencies and punch list items are noted at this time. As soon as practical following these walk- throughs a timeline is established and provided to City of Boynton Beach for completion of open items. • Documents all changes to the work and receives appropriate approvals before initiating any changes to the scope of work. • “Red lines” documents and generates the project “As- Builts”, which are provided to City of Boynton Beach in Bid Number: 009-2511-20/RW Vendor Name: ABMPage 750 of 1203 the project turnover package. • Coordinates all commissioning and initiates training procedures. • Oversees the preparation of all operations and maintenance documentation. All punch list issues will be resolved prior to final acceptance of the project by site staff. Completed as-built drawings, operations and maintenance manuals, and other pertinent documents will be submitted and approved as part of the commissioning and turnover. All procedures outlined in the performance contract will be strictly observed. Temporary facilities established at the site will be removed and all aspects of the facility will be restored to their original condition. Several construction management tasks are worth special note, since they are key to a smooth implementation phase. The following describes ABM’s approach to specific tasks in managing design/build construction activities that will ensure the final product meets the design intent with seamless communications between the ABM construction team and City of Boynton Beach. Quality Inspections We inspect our clients’ facilities on a regular schedule, based on the client’s requirements (typically daily and weekly), and results from the inspection are entered into our quality management system, SITE™. Using SITE which is a web-based solution that can be accessed through handheld devices, tasks are rated on a pass/fail scale during the inspection. Our Quality Assurance program allows us to identify any discrepancies with our service delivery before the matter becomes a bigger issue. If during the inspection a service issue is found, we take corrective action to resolve the problem area and implement a procedure to prevent the issue from reoccurring. We make sure our managers and supervisors conducting the inspection can communicate any uncovered issues to the client and other account team member via e- mail, phone, and radio to promote full transparency. The key point here is that we work to resolve the issue and confirm that the client is satisfied with how the matter was resolved. Our Quality Assurance program encompasses: • Self-Inspections/Peer Inspections: Self-inspections and peer reviews are fundamental elements of first line quality control. Daily random inspections are conducted of work performance relative to documented job plans and standards. These inspections facilitate prompt identification and correction of substandard services and/or personnel performance. • Quality Control Inspections: Scheduled (formal) and unscheduled (informal) inspections are conducted by the onsite team. Results Logs and any available inspection reports are reviewed and identified issues are promptly addressed. • Compliance Audits: Scheduled and unscheduled audits are undertaken quarterly by the onsite manager and corporate management. Audits are also conducted by other corporate members to assess performance of all contractual requirements. • Client Satisfaction Feedback: As an optional service, we can also provide client satisfaction surveys for clients who want to evaluate the perceived effectiveness, timeliness and quality of our services. Surveys receiving less than satisfactory ratings are documented as client complaints and investigated. Corrective actions are implemented and tracked through until resolution and client satisfaction has been achieved. • Validated Client Complaints: Onsite management investigates all client complaints. Validated complaints are reported during Performance Evaluation Meetings to identify any trends and may generate unscheduled periodic inspections. Corrective actions are implemented and tracked through resolution and client satisfaction has been achieved. Performance Tracking As previously mentioned, inspection and audit results are tracked using SITE to ensure everything we need to know about how we are performing is right at our fingertips. This system is an in-house, custom-built inspection system, designed specifically to assist in the field of janitorial service inspections. SITE accurately records the level of service performed, provides a succinct review of all cleaning areas within a particular room type, and reduces the administrative dependency of having to manually input Bid Number: 009-2511-20/RW Vendor Name: ABMPage 751 of 1203 collected inspection data. SITE utilizes a hierarchal design that allows managers to view the historical performance of the accounts they, and their people, manage. The following benefits are achieved through use of this quality management system: • “Real-time”, readily accessible reports, which allow our customers, and our site personnel, the ability to effectively analyze and extract the necessary information to maintain service performance. • Trending statistical analysis from which fact-based operational decisions can be determined and/or affirmed (24 months of history remains online before being archived). • Server based and centrally controlled by our IT and Quality departments to ensure regular maintenance, security and updates are handled properly. • System is backed up nightly and is protected under our IT department’s disaster recovery plan. • End users are supported by our helpdesk and dedicated corporate quality department team members. • Clients may also participate in the data collection. • Data can be uploaded through any desktop, laptop, tablet, or smartphone with internet access which provides flexibility to important performance information without sacrificing functionality. SITE’s design is based on our clients’ requirements. We establish parameters for each cleaning area during program start up and an evaluation of the condition of the facility along with baseline quality objectives are specified at the outset. These objectives become the benchmark for all future inspections for each individual area. In the event of a service issue, we will ensure that the appropriate corrective action is completed in a timely fashion and reported back to the branch office once the issue has been addressed. Inspection Reports Customized inspection reports and survey results provide feedback for process improvement. Inspection reports can be viewed daily online through a password protected web portal or via an Excel report accessed through email. If an overall inspection score were to fall below the established benchmark, cleaning requests are then generated and sent automatically. Benchmarks or quality levels can be set and viewed against the results. Daily inspection reports typically contain the following information: • Date and time, detailed location of the inspection, as well as room numbers, where applicable. • A detailed inspection result of the area that includes compliance of contract requirements. • Name of the person conducting the inspection. Bid Number: 009-2511-20/RW Vendor Name: ABMPage 752 of 1203 References Provide three (3) governmental agencies references similar in scope contracts for which the Proposer has completed or are in progress within the past three (3) years. The City is interested in learning of other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. Description Reference 1 *Reference 2 *Reference 3 *Reference 4 – Additional Reference 5 – Additional Name of Agency:Town of Lake Clarke Shores City of Satellite Beach Pasco County City of Winter Park City of Temple Terrace Name of Project:Guaranteed Energy, Water, And Wastewater Performance Savings Contract AND Guaranteed Professional Maintenance Agreement AND Landscape Maintenance Service Agreement for the Town Lake Clarke Shores facilities and public right of ways Guaranteed Energy, Water, And Wastewater Performance Savings Contract AND Guaranteed Professional Maintenance Agreement for Satellite Beach Facilities Custodial Services for Pasco County Custodial Services for the City of Winter Park Guaranteed Energy, Water, And Wastewater Performance Savings Contract AND Guaranteed Professional Maintenance Agreement for 8 facilities in Temple Terrace Address:1701 Barbados Rd. Lake Clarke Shores, FL 33406 565 Cassia Blvd. Satellite Beach, FL 32937 8731 Citizens Drive, New Port Richey, FL 34654 401 S Park Ave, Winter Park, FL 32789 11250 North 56th St. Temple Terrace, FL 33617 Date of Service:October 9, 2018 - Present August 7, 2019 – Present August 15, 2016 - Present January 15, 2020 - Present March 15, 2016 - Present Contact Person:Dan Clark, Town Manager Liz Alward, Assistant City Manager Mario Hears, Contract Specifications Coordinator Leif Bouffard, Project & Grant Manager, Charles Stephenson, City Manager Email:dclark@lakeclarke.org lalward@satellitebeach.or g mhears@pascocountyfl.net lbouffard@cityofwinterpar k.org cstephenson@templete rrace.com Phone #:561-964-1515 321-773-4407 (727) 834-3292 x3922 (407) 599-3223 813-506-6400 Address:1701 Barbados Rd. Lake Clarke Shores, FL 33406 565 Cassia Blvd. Satellite Beach, FL 32937 8731 Citizens Drive, New Port Richey, FL 34654 401 S Park Ave, Winter Park, FL 32789 11250 North 56th St. Temple Terrace, FL 33617 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-consultant The Bidder proposes the following major subconsultants for the major areas of work for the Project. The Bidder is further notified that all sub- consultants shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-consultants, if required. Owner reserves the right to reject any sub-consultant who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub-consultant in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name *Address *Scope of work *license No *Contract Amount *Percentage (%) of Contract * Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that Bid Number: 009-2511-20/RW Vendor Name: ABMPage 753 of 1203 the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. PROPOSER'S QUALIFICATION STATEMENT - Bidders Qualification Statement.pdf - Wednesday April 29, 2020 13:36:34 ANTI-KICKBACK AFFIDAVIT - Anti-Kickback Affidavit.pdf - Wednesday April 29, 2020 13:36:43 NON COLLUSION AFFIDAVIT OF PROPOSER - Non-Collusion Affidavit.pdf - Wednesday April 29, 2020 13:36:52 MINORITY OWNED BUSINESS CERTIFICATION - Diversity Participation.pdf - Wednesday April 29, 2020 13:37:17 CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135 - Certification Pursuant to Florida Statute 287.135.pdf - Wednesday April 29, 2020 13:37:28 ORGANIZATION CHART - Org Chart and Quality Controls Report.pdf - Wednesday April 29, 2020 14:15:52 RESUMES OF THE PROJECT TEAM - COBB Personnel (003).pdf - Wednesday April 29, 2020 14:24:34 PROJECTED WORKLOAD SCHEDULE - ABM Schedule_RFQ # 009-2511-20.pdf - Wednesday April 29, 2020 11:25:43 Bid Number: 009-2511-20/RW Vendor Name: ABMPage 754 of 1203 Addenda & Declarations The Bidder hereby acknowledges and agrees: 1. To provide all goods, services and construction, as more specifically set out and in accordance with the Owner’s Bid Call Document, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures or arrangements with any other company, firm or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the Bid Call Document(s) which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Deposit accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the Bid Call Document. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Chad Armstrong, General Manager, ABM Industries Incorporated The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Bid Number: 009-2511-20/RW Vendor Name: ABMPage 755 of 1203 Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum 2 for RFQ 009-2511-20RW- Town Sq Maintenance Fri April 24 2020 06:25 PM 1 Addendum 1 for RFQ009-2511-20RW- Town Sq Maintenance PDF Tue April 7 2020 04:08 PM 1 Bid Number: 009-2511-20/RW Vendor Name: ABMPage 756 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 26 PROPOSER'S QUALIFICATION STATEMENT TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Check One Submitted By: Corporation Name: Address: Partnership Individual CITY, State, Zip: Other Telephone No.: Fax No.: Email Address.: ______________________ 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: c. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: ABM Industries, Inc. New York, NY 10006 One Liberty Plaza, 7th Floor chad.armtrong@abm.com ABM Industries, Inc. One Liberty Plaza, 7th Floor, New York, NY 10006 Reincorporated March 19, 1985 Delaware Scott Salmirs Scott Giacobbe Andrea Newborn Chad Armstrong - 3260 NW 23rd Ave.Suite E100, Pompano Beach, FL 33069 D. Anthony Scaglione 954-695-2183 Page 757 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 27 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual , corporation or partnership , describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFQ. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: N/A N/A 111 Years Linc Mechanical, LLC Linc Service, LLC No CMC1250600 Page 758 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 28 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer’s business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: Noah Becker, Assistant General Counsel 4151 Ashford Dunwoody Road, Suite 600, Atlanta, GA 30319 ArrowMark Colorado Holdings LLC (8.27%); FMR, LLC (7.61%); Dimensional Fund Advisors LP (6.44%) Blackrock Inc. (15.49%); Vanguard Group Inc. (11.65%); State Street Corporation (9.33%); N/A Travelers Casualty and Surety Company of America Dave Allsop 175 Lennon Lane, Suite 200, Walnut Creek, CA 95498 Please see Organizational Chart and Resumes uploaded seperately to the bid portal. Page 759 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 28 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work (a +b): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): 10 10 10 - Merrill Lynch San Jose, CA 95113 Bank of America 125 So. Market St. 2nd Floor 408-277-7644 See "Quality Assurance" attachment. See "Quality Assurance" attachment. Page 760 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 28 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 22. What will be your turnaround time for written responses to City inquires? 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors’ organization(s) were defendants. 2 Hours ABM has never filed for bankruptcy. ABM is not involved in any major litigation that would impact our ability to provide timely service to COBB. With approximately 140,000 employees and thousands of client sites across the country, it is very common for ABM to be involved in legal actions. At any given time, ABM is involved in dozens, if not thousands of litigation matters. These claims are handled in the normal course of business by legal and risk management professionals employed by the company. None Page 761 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 30 26. Has the Proposer, its principals, officers or predecessors’ organization(s) been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of , 2020 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE General Manager 29th April 11/08/2024 No Page 762 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 31 ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of , 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29th April 20 Chad Armstrong General Manager ABM Industries, Inc. ______Michigan Oakland Michigan________ ____________ Page 763 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 32 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AND UPLOADED ONLINE State of ) County of ) , being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed)_ (Title)_ Subscribed and sworn to before me This day of _, 20 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Michigan Oakland Chad Armstrong General Manager ABM Industries, Inc. General Manager 29th April 20 11/08/2024 Page 764 of 1203 C I T Y O F B O Y N T O N B E A C H Confidential & Proprietary ABM Technical Solutions 1 Diversity Participation ABM is a publicly traded company and therefore cannot quality as a certified diverse supplier. However, we are strongly committed to diversity both within our employment ranks and with the people and companies with which we do business. It is in COBB’s best interest that all parties are successful, and we carry out our diversity programs and processes with that goal in mind. Although we typically self perform facility services required under our contracts, we work to identify opportunities for certified Minority, Women, and Disadvantaged Businesses Enterprises (MWDBE) to participate in our contracts through our Supplier Diversity Program in accordance with your requirements. ABM will work to accommodate your objectives in achieving diversity spend goals at a Tier 1 and Tier 2 level, and we will continue to improve our diversity programs and processes to offer COBB the best value in integrated solutions. DIVERSITY PARTICIPATION As part of our mission to provide you with the best integrated facility services in the industry, ABM is strongly committed to diversity within our employment ranks and the people and companies with whom we do business. We partner with select Minority and Women-Owned Business Enterprise (M/WBE) and Disadvantaged Business (M/WDBE) partners that not only attract world-class internal employees, suppliers, and subcontractors, but also help customers achieve diversity participation goals. ABM's M/WBE Program We believe an environment that values individual differences and backgrounds will culminate in a successful 'whole' team approach for our customers. As part of our M/WBE program, we will: • Ensure requirements of good faith effort are met on our service projects when subcontracting with minority and women-owned businesses. • Compile and distribute M/WBE expenditure reports to all relevant internal and external customers. • Attend networking/community events and trade shows to increase diversity participation. Additionally, ABM is a sponsor of the annual WBENC Conference. • Ensure each of our multiple national regions is farming new diverse suppliers. • Provide oversight and coordination for the increases in participation of diverse subcontractors for customers. Supplier Diversity Program ABM boasts a significant number of certified diversity partners as part of our Tier 2 Supplier Diversity Program. We continuously and actively recruits partners with M/WDBE certifications, both through our local service operations and our online submission form at www.abm.com. Additionally, ABM continues to refine our network of preferred subcontractors, including certified diversity suppliers, from any companies we acquire. Using performance measurements, we identify and consolidate subcontractor portfolios, rewarding the combined portfolios to the best service partners. Because of this established service partner network, we are confident we can meet your supplier diversity goals and requirements. Page 765 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 33 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLETED AND UPLOADED ONLINE I, _______________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies t hat Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ABM Industries, Inc. Chad Armstrong, General Manager ABM Industries, Inc. Page 766 of 1203 RFQ 009-2511-20/RW TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES 33 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled " Contractor " does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the CITY for goods or services may be terminated at the option of the CITY if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PAC KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ABM Industries, Inc. Chad Armstrong General Manager Page 767 of 1203 R F Q # 0 0 9 -2 5 1 1 -2 0 / R W Confidential and Proprietary ABM Industries Incorporated 1 Organizational Chart City of Boynton BeachJoel Lowery SVP Technical Solutions Catherine Munoz Senior GM Lighting Rob Parton Senior GM Power April Walker RD. Bundled Energy Solutions Gary Kreisler Account Solutions Representative Project Development Clint Knudson Project Sales Representative Robert Han Project Sales Representative Kevin Brown VP Engineering Joey Grovemen Senior Energy Engineer Tom Woodruff SVP HVAC Mechanical Chad Armstrong General Manager Michael Houda Operations Manager Erick Atkinson Project Manager Rick Goetz SVP Operations Lucas Price M&V Engineer Robbie Turner VP Operations Diogenes Pena Field Operations Manager Jim Spencer VP -Central Onsite Services Christie Campbell Regional Sales Director Richard Gray BDM Custodial Glenn Hall BDM Landscaping Page 768 of 1203 www.abm.com Page 11 SAMPLE QUALITY CONTROL INSPECTION REPORT Building: ___________________________________ Date: Location: _____________________________ Inspected By: Signature: (Check Column "A" if Acceptable, "U" if Unacceptable, "NA" if Not Applicable, or place a number in the "D#" column if a Deficiency exists.) A. PAYROLL A U NA D# 1. Sign-In/Sign-Out Forms 2. Time Reports 3. Overtime Logs 4. Time Cards 5. Sick Time Logs 6. Personnel History a. Personnel History b. W -2 Form c. I-9 Form Comments/Corrective Action: B. WORK ORDERS 1. W ork Order Log 2. W ork Orders 3. W ork Order Reports Comments/Corrective Action: Page 769 of 1203 www.abm.com Page 12 C. PURCHASE ORDERS A U NA D# 1. Purchase Order Log 2. Purchase Orders 3. Purchase Order Report 4. Petty Cash Comments/Corrective Action: D. REPORTS 1. Corporate a. Utilities b. Subcontractor Reports c. Safety d. Inventory e. Service Report f. Deficiency Corrections g. P.M. Report 2. Customer a. Utilities b. Safety c. P.M. Report d. Time Report Comments/Corrective Action: E. PERSONAL APPEARANCE 1. Management 2. Hourly Employees 3. Part-Time Help Comments/Corrective Action: Page 770 of 1203 www.abm.com Page 13 F. TENANT COMPLAINTS 1. Tenant Complaint Log 2. Tenant Complaint Records Comments/Corrective Action: G. TEMPERATURE CONTROLS 1. Temperatures Per Contract a. Interior (Offices) b. Common Areas c. Night-Time Setback d. Special Areas Comments/Corrective Action: H. EQUIPMENT OPERATION 1. Boiler Operation 2. Chiller Plant 3. Aux Equipment Comments/Corrective Action: I. ENERGY CONSERVATION 1. Energy Conservation Plan 2. Utility Usage 3. Conservation Alternatives Comments/Corrective Action: Page 771 of 1203 www.abm.com Page 14 J. LIGHTING LEVELS A U NA D# 1. Interior Offices 2. Corridors 3. File Areas 4. Storage Areas Comments/Corrective Action: K. PREVENTIVE MAINTENANCE 1. Annual Schedule 2. Spot Check Completed W ork 3. Check Reports for Completeness Comments/Corrective Action: L. SHUTDOWN NOTIFICATION 1. Shutdown Plan 2. Shutdown Log 3. Log of Notification 4. Copy of Correspondence Comments/Corrective Action: M. MAINTENANCE OF P.M. RECORDS 1. Annual Schedules 2. Maintenance Completion Log 3. Maintenance History 4. Maintenance Inventory Comments/Corrective Action: Page 772 of 1203 www.abm.com Page 15 N. MAINTENANCE REPAIRS A U NA D# 1. Maintenance Repair Log 2. Maintenance Repair Slips 3. Completion Schedule Comments/Corrective Action: O. SERVICE CALLS 1. Service Call Log 2. Service Call Tickets 3. Check Performance Comments/Corrective Action: P. EMERGENCY SERVICE 1. Emergency Service Plan 2. Compliance W ith Plan 3. Emergency Service Log Comments/Corrective Action: Q. OVERTIME SERVICES 1. Service Plan a. Utilities b. Hourly Employees Comments/Corrective Action: Page 773 of 1203 www.abm.com Page 16 R. WATER TREATMENT A U NA D# 1. Analysis Log 2. Proper Storage of Chemicals Comments/Corrective Action: S. PRESSURE VESSEL INSPECTIONS 1. Program For Inspection 2. Schedule For Inspection 3. Proper Certification Comments/Corrective Action: T. UTILITIES 1. Daily Logs 2. Monthly Graphs 3. Record of Bills Comments/Corrective Action: Page 774 of 1203 www.abm.com Page 17 DEFICIENCY LIST 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. COMMENTS: Page 775 of 1203 Confidential & Proprietary ABM Technical Solutions 1 TEAM QUALIFICATIONS ABM Industries Incorporated consists of the following team expertise: Michael Houda , Operations Manager 10+ Years HVAC Service Management With over 10 years of experience as a service manager, project manager, and operations department manager, Michael is overall responsible for the execution and administration for all maintenance and repair work. As a Certified Energy Manager and specialized training in air distribution, indoor air quality, fluid dynamics, DDC controls, and design/build engineering, Mike will serve as the technicial and leadership point of contact. Previously had 5 years of experience as a Naval Special Warfare Officer. Denissa Rivero, Service Supervisor 10+ Years HVAC/R Experience With over 10 years of experience with ABM in South Florida, Denissa is the point person for over 30 maintenance contracts in the region. Directly responsible for scheduling, service reports and repair proposals. Manages the field of all local union technicians. Ivan Ortega , Field Supervisor, HVAC/R Technician 20+ Years HVAC/R Experience Foreman and lead service technician and 16 years in the Local 630 Union. OSHA, 70EP, welding, pipefitting, EPA certifiications. Vast experience in installation, repair, and maintenance on chillers, outside air units, refrigeration, boilers, and terminal air units. Provides technical support and job site leadership and management to assure a competent, highly qualified work force and provide coordination between customer, field and office requirements Glenn Hall, VP Landscaping Services +20 Years Landscaping and Grounds Experience Skills Summary Extensive experience in the landscape (green) industry. Owner and President of two landscape companies. Over 15 years with national company working in several key positions including; Operational Management, Vice President of Sales & Marketing and National Sales Manager. Certifications in Tropical Gardening (University of Florida), Internation Arborist Association (ISA) – past State of New York and International Crime Free Certified, Mesa Arizona, for CEPTED – Crime Preventation through Environmental Design. Experienced working all vertical and geoghraphical markets in the US. Diogenes Pena, Operations Manager 10+ Years Custodial Experience Diogenes Pena is an Operations Manager at ABM-BNI division, where Diogenes is in charge of the day to day Functionality of the Janitorial operation from start to finish, including Training, Hiring and controlling operating expenses. Before becoming a Manager, Diogenes spent four years as a custodial, Floor care and promoted to Crew supervisor after two years for a local Hospital in New Jersey. Page 776 of 1203 Confidential & Proprietary ABM Technical Solutions 2 Diogenes has worked with reputable Janitorial companies, including SODEXO, UNICCO, and PFMI, among others. Diogenes helps the building and development of cleaning methods that suits client’s budgets and goals. You can expect 100% transparency, no horror stories, and or surprises when working with Diogenes. Bob Coggin, Service Supervisor Landscaping Services 38 years experience within the landscape industry in Florida. Supervisor for Jupiter Branch. Responsible for overseeing employees and multiple clients. Extensive knowledge in design and landscape installation, water conservation, sustainable practices and management of large landscape projects. Essential Functions 1. Oversee employees and job site to insure contracts are fulfilled 2. Design and new landscape installation 3. Best Management Practices Page 777 of 1203 Confidential & Proprietary ABM Technical Solutions 3 Name of Project Team Member: Joel Lowery Current Job Title: Job responsibilities: Number of years with ESCO: Primary Office Location: Vice President of Sales Assists ABM’s market leaders in the Southeastern states to fund our client’s critical infrastructure needs. 3 Years Atlanta, GA Employment History: Company Name: Primary job responsibilities: Number of years with firm: 2008-2011 NORESCO Director for Technology Solutions Started a new division focused on technology and its ability to save operational dollars as well as create new revenue streams for public clients. Utilized performance contracting as a procurement vehicle 2007-2008 Servidyne Executive Vice President, Sales and Marketing Created a new solution sales department focused o n bundling Servidyne’s many business lines and product offerings. Responsible for identifying, hiring and training solution account executives nationwide. 15 Years Johnson Controls Regional Solutions General Manager Managed solutions business for Southern part of the United States. Had responsibility for Sales and Engineering Educational Background: List all academic degrees, certifications, PE registration number and state, professional affiliations, relevant publications and technical training: B.S. Me chanical Engineering, Psychology Georgia Institute of Technology Associations: Energy Services Coalition, AWWA, ASBO and numerous other client specific organizations in multiple states. EIT in Georgia List a sample of the energy performance contracting projects you have been a part of in the past five years: Colquitt County Government Ph 2, Moultrie, GA – 2018 $4.8 Million Performance Contract Athens Christian Schools, Athens, GA – 2017 $1.2 Million Performance Contract Commerce City Schools, Commerce, GA – 2016 $5.6 Million Performance Contract Newton County Government, Covington, GA – 2016 $14 Million Performance Contract Madison County Schools Phase IV, Danielsville, GA – 2016 $17 Million Performance Contract McIntosh County Schools, Darien , GA – 2016 $12.6M Performance Contract Irwin County Schools – 2015 $3.95M Performance Contract Colquitt County Schools, Moultrie, GA – 2014 $12.9M Performance Contract Describe the specific role and responsibilities this individual had for each listed pr oject: Responsibilities included sales in every case, project development and project management on a limited basis Provide a detailed description of the role and responsibilities this individual will have for the duration of this project: Responsibilities included sales in every case, project development and project management on a limited basis Describe any other relevant technical experience: Joel has expertise in engineering, energy and operational efficiency measure creation, finance and overall pr oject management Indicate the total years of relevant energy -related experience for this individual: 23 Years of energy related experience. Page 778 of 1203 Confidential & Proprietary ABM Technical Solutions 4 Name of Project Team Member: Rick Goetz Current Job Title: Job responsibilities: Number of years with ESCO: Primary Office Location: 2010-present ABM Technical Solutions VP of Operations – Service Delivery Overall Large Project & Operational Support including Bundled Energy Solutions work Represent ATS to all Industry Groups within organization 21 years Alpharetta, GA Employment History Company Name: Primary job responsibilities: Number of years with firm: 2007 – 2010 ABM Technical Solutions Director, Installation Services Responsible for management and delivery of Bundled Energy Solutions projects across the country Responsible for meeting all contract and scope requirements Responsible for tracking project performance and meeting customer expectations. Responsible for overall customer satisfaction . Training of new Operations Managers, Service Managers, and Project Managers. 1996 – 2007 Linc Mechanical Project Manager Responsible for management of all project work conduc ted at location ranging in size from $5,000 to $7 million dollars Management and delivery of all Bundled Energy Solutions projects conducted at location . Ensure projects delivered in a timely manner and within the timeline negotiated with the customer whil e maintaining high customer satisfaction Responsible for monthly project forecasting. Educational Background List all academic degrees, certifications, PE registration number and state, professional affiliations, relevant publi cations, and technical training. Georgia Institute of Technology Bachelor of Science in Mechanical Engineering E.I.T – Georgia Certified Energy Manager (CEM); ASHRAE Member GA Class II Conditioned Air Contractor AL, MS, SC Heating and A/C Contractor Licenses List all energy performance contracting projects this individual has been involved with during past 5 years. Include project location, type of facilities, year implemented , and dollar value of installed project costs. LA ESPC (GSA), Los Angeles, CA – 2014-2018 $47 Million Performance Contract with GSA Colquitt County Government Ph 2, Moultrie, GA – 2018 $4.8 Million Performance Contract Lowndes County Schools , GA – 2018 $9.2 Million Performance Contract Connellsville Area School District, PA – 2017 $14 Million Performance Contract Ysleta ISD, El Paso, TX – 2017 $18 Million Performance Contract Burbank Unified School District, CA – 2017 $2.4 Million Performance Contract Newcastle Elementary School, CA – 2017 $1.5 Million Performance Contract Claremont Unified School District, CA – 2017 $1.4 Million Performance Contract Education for Change – 2017 $936,853 Performance Contract Santiago Charter Middle School – 2017 $237,000 Performance Contract Commerce City Schools, GA – 2016 $5.7 Million Perfo rmance Contract Newton County Government, Covington, GA – 2016 $14 Million Performance Contract Madison County Schools Phase IV, Danielsville, GA – 2016 $17 Million Performance Contract Page 779 of 1203 + A B M L E T T E R H E A D E R Confidential & Proprietary ABM Technical Solutions 5 Orange County Public Schools, VA – 2016 $6.2 Million Performance Contract City of Temple Terrace , FL – 2016 $3.1 Million Performance Contract Wills Point Independ ent School District , TX – 2016 $2.7 Million Performance Contract Edgewood ISD, Edgewood, TX – 2016 $1.3 Million Performance Contract City of White hall, Whitehall, OH – 2016 $1.6 Million Performance Contract Wyoming County, PA – 2015 $3.3 Million Performance Contract Brandsmart, FL – 2015 $2 Million Performance Contract Franklin City Public Schools, VA – 2015 $2.2 Million Performance Contract Irwin County Schools, GA – 2015 $3.95 Million Performance Contract Anderson County Schools II , GA – 2015 $6.7 Million Performance Contract Colquitt County Government, GA – 2015 $7.5 Million Performance Contract Describe the specific role and responsibilities this individual had for each listed project. Overall project management including estimate review, design, scheduling, managing, and overall project delivery Technical solutions development Energy savings me asurement and verification Provide a detailed description of the role and responsibilities this individual will have for the duration of this project. Overall project management Energy savings and contract review Ensuring customer satisfaction Technical solutions review Describe any other relevant technical experience. Project forecasting , estimate review, cost tracking, scheduling Indicate the total years of relevant energy - related experience for this individual. 21 Years of Energy Related Experience Page 780 of 1203 + A B M L E T T E R H E A D E R Confidential & Proprietary ABM Technical Solutions 6 Name of Project Team Member: Kevin R. Brown, PE, LEED AP, CEM, CMVP, EMP, HBDP Current Job Title: Job responsibilities: Number of years with ESCO: Primary Office Location: Vice President of Engineering Business Development, Business Support 11 Years Atlanta, GA Employment History Company Name: Primary job responsibilities: Number of years with firm: 2007 – Current ABM Building & Energy Solutions/The Linc Group Vice President of Engineering Perform savings calculations and determine cost benefits for technical scope. Assist with project development to create technical scope around customer’s needs. Evaluate new technologies for possible inclusion as energy conservation measures in cluding rainwater harvesting, solar energy utilization, and other renewable energy systems. 2006 – 2007 Honeywell, Inc. Performance Contracting Engineer – Federal Team Assess energy savings opportunities and identify risk factors associated with energy performance guarantees. 2001 – 2006 Honeywell, Inc. Senior Engineer – Honeywell Atrium Responsible for Energy Awareness Program w ith Regal Entertainment Group using interval meter data to identify low/no cost savings opportunities . Educational Background List all academic degrees, certifications, PE registration number and state, professional affiliations, relevant publications , and technical training. Bachelor of Aerospace Engineering , Auburn University, AL Certifications: E.I.T – Alabama; PE – Virginia (Mechanical 0402- 033968); LEED-AP; CEM; CMVP; EMP; CIAQP; HBDP Associations: ASHRAE; USGBC; AEE; NSPE; ASES; ISES; SAME; EMA; Southface Institute; GSEA; MENSA List all energy performance contracting projects this individual has been involved with during p ast 5 years. Include project location, type of facilities, year implemented and dollar value of installed project costs. LA ESPC (GSA), Los Angeles, CA – 2014-2018 $47 Million Performance Contract with GSA Colquitt County Government Ph 2, Moultrie, GA – 2018 $4.8 Million Performance Contract Lowndes County Schools , GA – 2018 $9.2 Million Performance Contract The Center of Family Resources, Marietta, GA – 2017 $1.7 Million Performance Contract Athens Christian Schools, Athens, GA – 2017 $1.2 Million Performance Contract Commerce City Schools, Commerce, GA – 2016 $5.6 Million Performance Contract Newton County Government, Covington, GA – 2016 $14 Million Performance Contract Madison County Schools Phase IV, Danielsville, GA – 2016 $17 Million Performance Contract McIntosh County Schools, Darien, GA - 2016 $12.6 Million Performance Contract Orange County Public Schools , VA – 2016 $6.2 M illion Performance Contract City of Whitehall, OH – 2016 $1.6 M illion Performance Contract Colquitt County Gov ernment, GA – 2015 $7.5 Million Performance Contract Anderson County Schools II , GA – 2015 $6.7 Million Performance Contract Irwin County Schools, GA – 2015 $3.95 Million Performance Contract Brandsmart, FL – 2015 $2 Million Performance Contract Page 781 of 1203 + A B M L E T T E R H E A D E R Confidential & Proprietary ABM Technical Solutions 7 Describe the specific role and responsibilities this individual had for each listed project. Business Development – Project Level; Technical Solutions Development; Energy Savings Calculations ; Risk Analysis ; Establish Measurement an d Verification plan Provide a detailed description of the role and responsibilities this individual will have for the duration of this project. Business Development – Project Level; Technical Solutions Development; Energy Savings Calculations ; Risk Analysis ; Establish Measurement and Verification plan Describe any other relevant technical experience. Analyze the best solutio n for the specific application; recommend solutions that maximize energy savings while minimizing the impact to building operations. Indicate the total years of relevant energy - related experience for this individual. 23 Years of Energy Related Experience Page 782 of 1203 + A B M L E T T E R H E A D E R Confidential & Proprietary ABM Technical Solutions 8 Name of Project Team Member: Tom Woodruff Current Job Title: Job responsibilities: Starting year with ESCO: Primary Office Location: Senior Vice President Responsib le for the South Region (FL, MD, VA, WDC) 2017 Alpharetta GA Employment History: Company Name: Primary job responsibilities: Number of years with firm: 2012-2017 Honeywell – General Manager Responsible for the INNCOM and Novar automation/energy management businesses. 2008-2012 Honeywell – General Manager Responsible for the Building solutions business in Eastern PA & DE that included: building automation, ESPC, life safety, and security. Educational Background: List all academic degrees, certifications, PE registration number and state, professional aff iliations, relevant publications and technical training: Education: BS – Economics, BSB – Accounting, MBA – Finance & Strategy University of Minnesota, Minneapolis MN Institute of Management Accountants – Certified Management Accountant (inactive) List a sample of the energy performance contracting projects you have been a part of in the past five years: Tom Woodruff has been involved in $100M+ worth of Energy Performance Contracts. Below are a few that are worth highlighting: Fauquier County Public School s VA – 2019 $11M Aiken County Public Schools, Aiken SC – 2019 $40M Goose Creek ISD , Houston TX – 2019 $42.5M Caroline County , Caroline County VA – 2017 $3.0M VA Beach Public Schools, VA Beach VA - 2017 $5.7M Town of Bellaire, Bellaire FL - 2018 $1.1M City of Lake Clarke Shores – 2018 $950K Describe the specific role and responsibilities this individual had for each listed project: Executive sponsor ensuring successful pursuit and delivery of projects financial review, operational execution planning/review, sales leadership . Provide a detailed description of the role and responsibilities this individual will have for the duration of this project: Executive sponsor ensuring successful pursuit and deli very of projects , financial review, operational review. Describe any other relevant technical experience: N/A Starting year of relevant energy -related experience for this individual: Since 2004 Name of Project Team Member: Lucas Price Page 783 of 1203 + A B M L E T T E R H E A D E R Confidential & Proprietary ABM Technical Solutions 9 Current Job Title: Job responsibilities: Number of years with ESCO: Primary Office Location: Sr. M&V and Commissioning Manager M&V Compliance for ESPC 17 Years of ESPC Experience Indianapolis, IN Employment History: Company Name: Primary job responsibilities: Number of years with firm: ABM – Sr. M&V and Commissioning Manager M&V Compliance for ESPC 2018 – Present (1 year) Honeywell – Americas M&V Services Leader M&V Compliance for ESPC 2001 – 2018 (17 years) Educational Background: List all academic degrees, certifications, PE registration number and state, professional affiliations, relevant publications and technical training: Mechanical Engineering , BSME Purdue University Associations: ASHRAE, ASME, AEE List a sample of the energy performance contracting projects you have been a part of in the past five years: Lucas has been directly involved in >$2B of Energy Performance Contracts. Below are some highlighted customer accounts : Goose Creek Consolidated ISD, TX – 2019 $(43M) Aiken County Public Schools, SC – 2019 ($42M) West Mifflin Schools, PA – 2018/2019 ($17M) GSA Los Angeles , CA – 2014, 2016, 2019 ($7M, $32M, $12M) Rainbow Municipal Water District, CA – 2018 ($11M) Fauquier County Schools, VA – 2019 ($11M) Tinker Air Force Base, OK – 2012, 2016 ($81M, $243M) Describe the specific role and responsibilities this individual had for each listed project: ALL: proper application of FEMP or IPMVP M&V Protocol , M&V Plan Development . Goose Creek and Aiken: Engineering calculation review, vetting of new technologies and ECM’s. West Mifflin: Worked directly with development staff on -site to drive effective baseline data gathering techniques for high-quality future M&V deliverable , M&V Plan Development. GSA LA: M&V Plan Development, in -depth monthly chiller plant analysis and continuous improvement data -driven meetings. Rainbow MWD: M&V Plan Development, based on compliance with AWWA water meter testing standards. Fauquier: Customer M&V Workshop and explanation of methodology selection, tasking during Install/Ongoing, and expectations for timing and content of M&V deliverables. Tinke r AFB: Baseline development & risk analysis , M&V Plan Development , continuous improvement / sustainability plan development aligned with ISO 50001 standards. Provide a detailed description of the role and responsibilities this individual will have for th e duration of this project: Providing M&V Plan development and execution guidance to ABM M&V, Project Development, and Project Delivery staff, as well as 3rd party vendors . Describe any other relevant technical experience: Well-versed in the application of FEMP and IPMVP M&V protocol, including proper sampling plan development . Experience d with building management system trend data analysis . Indicate the total years of relevant energy - related experience for this individual: 17+ Years of energy and mechanical system related experience. Extensive presentation of M&V protocol, ECM calculation review, complex trend data analysis, and presentation of analysis to end user. Page 784 of 1203 + A B M L E T T E R H E A D E R Confidential & Proprietary ABM Technical Solutions 10 CHAD ARMSTRONG General Manager Responsibility for the sales, operations, finances and service delivery of the South Florida Mechanical and Electrical services. Chad has been with ABM for over 4 years and has been part of over $30M in projects in the South Florida Area. These projects are multi-service contracts including HVAC, Electrical, Landscaping and Custodial services, such as the Seminole Tribe of Florida, Jungle Island, Town of Lake Clarke Shores, & BrandsMart USA. Delivering with his direct staff a singular in-house sole source solution for Facility management. Safety – Customer - Team Page 785 of 1203 ID Task Mode Task Name Duration 1 Contract Selection 1 day 2 Initial Facility Walk-through Audits 40 days 3 Manpower Selection 20 days 4 Specific Location Training 20 days 5 Turnover with Construction Contractor 10 days 6 Fulll Operational Management 1 day CoBB ABM ABM ABM ABM,CoBB ABM W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Week 13 Week 14 Week 15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress ABM BOYNTON BEACH Page 1 Project: ABM Schedule_RFQ # 0 Date: Wed 4/29/20 Page 786 of 1203 6.J . C ONS E NT A GE ND A 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on J une 16, 2020. Explanation of R equest: The City Commission met on J une 16, 2020 and minutes were prepared from the notes taken at the meeting. The Florida S tatutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the C ity of Boynton Beach. How will this affect city programs or services? A record of the ac tions taken by the City C ommission will be maintained as a permanent rec ord. Fiscal Impact: Non-budgeted N/A Alternatives: D o not approve the minutes. Strategic Plan: B uilding W ealth in the Community Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Minutes 06-16-2020 Minutes Page 787 of 1203 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 16, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Mayor Grant provided the invocation. Pledge of Allegiance Commissioner Christina Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Penserga added an announcement as item 3-D regarding the Census competition among Large Municipalities. Lori LaVerriere, City Manager, requested adding an announcement regarding Firework Safety as item 3-E. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which unanimously passed. Page 788 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 2 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz had nothing to disclose. Commissioner Hay said he nothing to disclose. Proud of how the City Manager and Chief of Police handled the issue with the mural at Fire Station 1. Chief Gregory is well loved and respected in the community. Commissioner Romelus said she agreed with Commissioner Hay’s comment and agreed with the City Manager’s decision and the actions taken involving the mural. Commissioner Romelus said she visited the new Police station and City Hall and was extremely happy seeing the buildings coming out of the ground. Indicated it was an amazing opportunity to see the tangible result of the hard work to get the building from concept to reality. Thanked Colin Groff, Assistant City Manager, and Chief Gregory for the tours. Vice Mayor Penserga echoed what was being said by the other Commissioners. Indicated the City of Boynton Beach is respected around the country and the state as to how they have dealt with the protests. He believed this was largely due to the fact that our Police Department and especially the Police Chief understands the community and makes sure he has fostered a relationship with the citizens. He gave a shout out to Gary Dunmyer, Andrew Mack, and Adam Temple, for being on top of citizens’ concerns. Vice Mayor Penserga stated he was looking forward to the racial equity conversation. Mayor Grant said he toured Fire Station 1 on the Northeast side of the community, and the Police Department. On June 3rd, he attended a meeting with U.S. Representatives Hastings, Deteuch, and Frankel as well as the City of Boynton Beach Police Chief Gregory to provide ideas to Congress. He believes there has been a bill passed regarding police reform. On June 6th, Mayor Grant said the City celebrated D-Day and honored veterans. On June 9th, he toured the High School and City Hall. Noted he was extremely pleased with the indoor stage area, which the city could bring in talent and events. On June 10th, he had a conversation with Representative Lois Frankel regarding the hot zones for COVID-19. On June 11th, he attended the Arts Commission meeting. Spoke with local stations regarding the issues with the Boynton Beach Mural. On June 15th, he attended the tree canopy assessment held by the Green Infrastructure and the City Sustainability Coordinator Rebecca Harvey. On June 16th, Mayor Grant said he accepted 1,000 medical masks which were made in Taiwan, from the City partners at Taipei Economic and Cultural office in Miami. These masks are for the city’s first responders and anyone who comes to the city meetings. He acknowledged email he received in support of Debby Coles-Dobay. He commented that because of Debby Coles-Dobay, the City has an internationally known art program. Things change, the City Manager has decided to move on in a different direction and the Commission supports the City Manager Page 789 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 3 in her decision. Thanked Wally Majors, Director of Parks and Recreation, for his many years of service to the City of Boynton Beach. Lori LaVerriere, City Manager, stated Wally Majors served the city for 34 years. Commissioner Romelus requested the City Manager to provide updates on COVID-19 especially in the 33435 hot zones. Ms. LaVerriere indicated she would be provided an update once or twice a week and include in the agenda under City Manager report. Commissioner Hay asked about opening up the Recreational Program. Mayor Grant indicated Palm Beach County has opened Recreational Leagues. Lori LaVerriere stated they are working with the Bulldogs, stated Kacy Young has been in contact with the Bulldogs. 3. Announcements, Community and Special events and Presentations. A. Wendy Sartory Link, Palm Beach County Supervisor of Elections, will give an update on upcoming elections. Wendy Sartory Link, Palm Beach County Supervisor of Elections (SOE), provided an update of what her office is doing for the upcoming elections, in terms of safety. Indicated there are three methods of voting, and changes being made in response to the pandemic. The SOE discussed voter registration, voting, vote-by-mail, and answered questions. Ms. Link explained the process to the Commission. Stated unlike other states in Florida, everyone can vote by mail. The vote-by-mail postage is prepaid this year. Stated all ballots are counted. They have added additional voting sites in Palm Beach County. Early voting is 14 days prior to the elections. The Supervisor of Elections is looking for replacement sites for voting and is finalizing voting sites. All poll workers will have masks and gloves and have their temperature taken prior to working. Indicated gloves and masks will be available to the public. Social distancing will be adhered to. Ms. Link stated Cyber Security is still a concern. The SOE is actively working with the FBI and Homeland Security. Ms. Link indicated they were looking for poll workers and the pay was between $190-320 per day. Mayor Grant received a couple of requests to open Ezell Hester Center for the day of voting. Noted this was an early voting site, not a regular voting location. Ms. Link stated if this was something the City of Boynton Beach would like to have; she was willing to work with the poll worker department to see if it could be accomplished. Mayor Grant requested additional information regarding positions available for poll workers, such as where can they send their resumes. Page 790 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 4 Ms. Link responded interested persons can go to www.pbcelections.org to apply to become a poll worker. They need to be a registered voter in Palm Beach County. Commissioner Hay requested if the SOE changed precinct locations, to provide this information to residents as soon as possible. He also, inquired about the deadline for location selection. Ms. Link stated this should be in place by early July. Commissioner Romelus asked if any locations were lost in Boynton Beach. Ms. Link stated she would need to get back to the Commission. Commissioner Romelus asked about interpreters. Ms. Link responded if more than 10% of the voters are self identified as and registered as Hispanic voters, the SOE will have a Hispanic poll worker. If for some reason that person calls in sick the morning of the election, the SOE has contracted with a language service. Ms. Link explained the express voter machine has English, Spanish and Creole, audio and written ability. Commissioner Romelus asked about accommodation for those that are deaf. Ms. Link stated the express vote machine accommodate voters who are deaf as well. B. Announce FY 20/21 Budget Workshops dates and times. Mayor Grant announced the fiscal year 20/21 Budget Workshops dates and times: Budget workshops are scheduled to be held July 13-15, 2020 in the Police Station Community Room, 2100 High Ridge Road: Monday July 13, 2020: 5:00 p.m. Tuesday, July 14, 2020: 10:00 a.m. If needed Wednesday, July 15, 2020: 2:00 p.m. The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. Commissioner Romelus asked about live streaming. Lori LaVerriere stated not at this time. Mayor Grant stated he would like to continue the virtual meeting along with the physical meeting. Commissioner Romelus stated she does not want to stop the live streaming. Page 791 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 5 C. Announcement of Limited Summer Camp 2020 Kacy Young, Assistant Director of Recreation and Parks, announced the Fab Five Days of Summer Camp program. Indicated as restrictions are being revised and the community returns to work, the State and County have begun re-opening. The City will offer a limited summer camp for 6 weeks at the Carolyn Sims Center. Registration will begin June 19. Noted there will be three sessions, Session 1 - June 29 – July 10, Session 2 - July 13 – 24, Session 3 - July 27 – August 7, 2020. Camp activities will be limited but will include indoor activities, pool time, outdoor field activities. As of today, playgrounds are still closed under State/County executive orders. Mayor Grant understood the city has limited spots in Boynton Beach. Noted he does not want to turn anyone away who needs camp for their children. He suggested partnering with other agencies. Requested the Parks and Recreation Department to help find alternatives for those not able to get into the summer camp. Vice Mayor Penserga asked what changes are being made to make sure that it is safe for the children. Mr. Young responded there will be limited parent access to the building, temperature checks for campers, hand sanitizing stations throughout the building, hand washing activities, staff will wear face covering, and recommend campers wear masks as well. All CDC recommendations would be adhered to. Commissioner Katz stated in reference to any third party operating out of a city facility, he would only be in agreement if the third party signs some type of legal document which would not hold the city liable for any adverse issues. Mayor Grant indicated it was not for the city facility, but for facilities within the city. Commissioner Hay asked what was the ratio of children to counselors. Mr. Young responded 2 counselors per 8 children, a total of 32 children. Commissioner Hay asked based on last year’s numbers, what would be the anticipated loss? Mr. Young stated the amount of the campers would be 32; last year there was 72 campers. Commissioner Hay stated the camp is a first come, first served basis. Wally Majors, Parks and Recreation Director, stated preference will be given to those children previously registered. Noted residents will be given first opportunity. D. InterCity completion for the U.S. Census. Page 792 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 6 Vice Mayor Penserga indicated he was approached by Commissioner Amoroso of Lake Worth Beach and Commissioner Lambert of West Palm Beach and they were planning and organizing an InterCity competition to see which city receives more completed census information, particularly populations which are normally or historically undercounted. This is a friendly, fun competition, and is going to be based on the percent increase. Noted cities receive about $1,600 in federal funding per person. These funds go back into the schools, fire stations, all types of services. Mayor Grant requested an update on the Census. Vice Mayor Penserga expressed this is an opportunity to share best practices with other cities. Mayor Grant Introduced Interim Fire Chief Ray Carter. Interim Fire Chief Ray Carter made a public announcement regarding Firework safety. Noted because of the upcoming holiday of our nation’s independence on July 4th, he wanted to encourage the general public not to use fireworks, but he understands given the fact that because of COVID-19 many people have been on lock down for the past two plus months and people would like to get out and celebrate the 4th of July. There were 9,100 related injuries to fireworks, of those one third of them were children under the age of 15. The fire department preference would be that no one uses fireworks. Noted no gun shooting in the air. Be considerate of the pets. Vice Mayor Penserga stated we all like to enjoy fireworks but it could be extremely traumatic to pets and our veterans. It is extremely traumatizing. Indicated he had numerus residents calling regarding the fireworks going off. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140 SE 27th Way, thanked Wally Majors for being a part of the City of Boynton Beach for so long. Inquired if Kacy Young would replace Mr. Majors as Recreation Director. Mayor Grant stated that was a decision for the City Manager, but the Commission is in support of Kacy Young. Ms. Oyer indicated she lost her third friend to COVID-19. She heard the County has been looking at making mask wearing mandatory. The Fight Club is back in her neighborhood, next to Betty Thomas Park. Hope this could be resolved soon. Page 793 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 7 Bertrand Herbert indicated he is an artist whose works can be seen around the world. He found the leadership an understanding of Debby Coles-Dobay to be professional, calm and charismatic. Her leadership has always been able to manage the most difficult situation. As an immigrant and military veteran, he was grateful for Debby’s curiosity and conciliatory attitude towards all communities, which he has often witnessed her tolerance and innovative yet firm leadership. When learning that Ms. Coles-Dobay was laid off he was stunned and immediately attempted to understand. He requested a reconsideration. Sherly Merenta, 1510 Mediterranean Road East, spoke in support of reinstating Debby Coles-Dobay. She is an AIPP Board member, has known Ms. Coles-Dobay for many years. Indicated they have always worked on project which use art as a tool to communicate with the disenfranchised communities. Noted she and Ms. Coles have written grants for the Knight foundation as well as the Bloomberg grants. She was requesting a reconsideration. Debra McGraham said she was shocked at the termination of Debby Coles-Dobay; she requested a reconsideration. Ms. Coles-Dobay is an incredible advocate for the art, a leader and has always been remarkable. The association members benefit from the art and reviews showcasing public art through the state in a monthly online update, which she often contributed ideas for discussion and advise colleagues on the issues regarding public art problem. Please reconsider the termination of Debby Coles-Dobay. James Nell, Owner of Amanda James Gallery, said she was in support of Debby Coles- Dobay; wanted to go on record to thank Ms. Coles-Dobay for doing a phenomenal job brining arts to our community. Carline Paul, new resident of Boynton Beach, explained she had a meeting with Mr. Temple and Mr. Pierre, and they helped resolve her problem and were very professional. Erwin Senice, 223 NW 1 Avenue, noted Juneteenth is the oldest known celebration honoring the end of slavery in the United States. On June 19, 1865, Union General Gordon Granger led thousands of federal troops to Galveston, Texas to announce that the Civil War had ended, and slaves had been freed. Approximately 250,000 Texan slaves had no idea that their freedom had been secured by the government. Mr. Senice inquired as to the current update on the mural. The community was disappointed with what happened regarding the mural. Lori LaVerriere, City Manager, stated initially it was to be done in June. Ms. LaVerriere provided the process as to how the mural would be redone. Ann Miller said she was shocked at the termination of Debby Coles-Dobay. Please reconsider and rehire Ms. Coles-Dobay as she is a powerhouse for the City of Boynton Beach. Page 794 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 8 Rolando Chang Burrio, 1021 Avon Road, home address of the Florida Art Association. The Mural presented to the city is the one which is going back up, the players who changed it were given the opportunity to resign. Mayor Grant read a question into the record for Dana Donate (technical issues). Rolando Chang Burrio asked will the documents be made public regarding the termination of Debby Coles-Dobay. Stacy Raybuck said she opposes the termination of Debby Coles-Dobay, requested reconsideration. Barbara Lint said she opposes the termination of Debby Coles-Dobay. Dwayne Roberts spoke about the Racial Equity Task Force, wondering when the task force would come into effect. Mayor Grant stated a discussion about the Racial Equity Task Force will be held at the next Commission meeting as well as part of the budget workshop. Ricky Lighter, Port St. Lucie, publisher of the Ricky Report, worked closely with Debby Coles-Dobay. Supported Ms. Dobay and requested reconsideration. The publication covers visual art scene from Melbourne to Miami Florida. The publication enjoys a worldwide readership of art professional as well as art patrons and art lovers. Debby Coles-Dobay deserves better than this. Mayor Grant read the comments of Dana Donate into the record. She stated Debby Coles-Dobay was following the art process, she was not a decision maker. Commissioner Katz echoed some statements from fellow Commissioners. The City Manager under great duress acted with decisiveness. Stated this was a touchy subject. He understands what some people were trying to say, but in saying those things, they are confirming one of the biggest gripes of individuals in society or African Americans, that somehow this is not being taken seriously on a regular basis. Indicated it was said that right now with what is going on a harsher punishment is being doled out. He indicated he rejects the idea that is what happened should have been treated different if it would have happened 6 months or a year ago. The City Manager is exercising her powers, and took decisive action. Commissioner Romelus received the multiple comments regarding Debby Coles-Dobay, and the ultimate resignation of the Fire Chief. Commissioner Romelus stated she agreed with the City Manager and supported her decision. She understands many individuals are saying Debby Coles-Dobay was a scapegoat, but at the end of the day, Ms. Cole Dobay answers to the City Manager. The Fire Chief was not her boss. She may have felt pressured, but she had the option to speak with the City Manager before going forward Page 795 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 9 with removing people from the murals. One of the individuals in our community was a darling of the district who grew up in Boynton Beach. Her family lives here, she has a legacy in the city. The other being the first Black Fire Chief, the city loves both. She indicated she was offended, and our community is upset as what they see as a lost to their community. She understands that this is an emotional situation. The decision was made with merits and the action has been taken. She stands in support of the City Manager. Commissioner Hay said he concurs with Commissioner’s Katz and Commissioner Romelus, although Ms. Coles-Dobay is a close friend and ally. Vice Mayor Penserga indicated he was in full support of the City Manager’s decision. Comments from Donate stated Debby Coles-Dobay worked with the City for 14 years. Rolando Chang asked why the Fire Chief was allowed to resign and Debby Coles-Dobay was not given that opportunity. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced openings for each Board. Commissioner Katz nominated Jerome Small to the Historic Resources Preservation Board. Commissioner Hay seconded the motion which unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all the accompanying material to become a part of the Public Record and subject to staff comments Mayor Grant pulled item A Commissioner Romelus pulled item B Commissioner Katz pulled item H Vice Mayor Penserga pulled item I A. Proposed Resolution No. R20-040 - Adopting a Complete Streets, helps intergrade our land uses and our transportation system to create an interactive community especially in the new downtowns area to be active, pedestrian activity increases support of local businesses street such Mobility Boynton Page 796 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 10 Beach Policy with the goal of enhancing the City of Boynton Beach's multi-modal transportation network. Mayor Grant stated he was pleased the Commission was moving forward with this item. Amanda Radigan, Principal Planner, indicated the policy titled the Complete Street and Mobility Policy Boynton Beach, stemmed from our strategic plan and there is a column dedicated to transportation and mobility. The City is looking to connect the community through safe accessible multimodal system to improve the quality of life in Boynton Beach. “Complete Streets” is a transportation philosophy that calls for streets to be constructed and operated in a way that allows safe, equitable and convenient access along and across streets for all users. Complete Streets are planned, designed, constructed, operated, and maintained to safely and comfortably accommodate people of all ages that ensures safety and convenience. The second is to create transportation system that includes a fully connected and multimodal system. and abilities, including pedestrians, cyclists, transit users, motorists, persons with disabilities, emergency responders, seniors, youth, families, as well as freight and service operators. Implementation of the Complete Streets transportation system is an important strategic initiative of the Boynton Beach Strategic Plan. This policy will encourage the use of non-motorized modes of transportation and contribute directly to the health, safety, economic vitality, environment, and quality of life in Boynton Beach. Through the implementation of this Complete Streets Policy, the City of Boynton Beach will consistently plan, design, construct, operate and maintain appropriate transportation facilities that are safe, reliable, efficient, convenient, connected, and that enable secure and comfortable access and mobility for users of all ages, abilities, income levels transportation modes. Ms. Radigan stated there are 6 goals: Safety and Convenience, Connected facilities. Increased walking biking and Public Transit, Economic Development. Vision Zero Equity and Data Driven Approach, and Community Health. The City of Boynton Beach could create a transportation system that is designed and operated in a way which ensures safety and convenience. The second is to create transportation system which includes a fully connected and multimodal system. The City is going to integrate the systems together to increase walking, bicycling as well as Public Transit. This system promotes economic development and contribute to a more livable community. Vision zero Equity and Data Driven Approach. Is about creating a system which use road safety as a social equity issue, and to the greatest extent possible, ensures equity is actively pursuing the elimination of access disparities. The City wants to make sure these roads are being prioritized and tying into neighborhoods that neither public transportation nor different mode options, aside from a vehicle. The Community Health is in the Community Action Plan. Page 797 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 11 Mayor Grant stated anything which can be done from Woolbright to Boynton Beach Boulevard to help the County see this needs to be a complete street. Commissioner Romelus request an update on Gulfstream. Vice Mayor Penserga inquired about equitable streets. Ms. Radigan responded this is about connecting certain communities. The city is building safe crosswalks which an elderly person will be able to cross within ample time. Indicated having more funding and where the city prioritizes is making sure that some of the distressed areas or some of the lower income areas has access to some of these amenities. Motion Vice Mayor Penserga moved to approve. Seconded by Commissioner Katz the motion passes unanimously. B. Proposed Resolution No. R20-054 - Authorize the City Manager to sign an Equipment Lease Purchase Agreement with Motorola Solutions, Inc. in the amount of $91,838.46 per year over five years to purchase Command Central Aware software for the Police Department's Real Time Crime Center. Police Chief Gregory stated this is for the maintenance portion of the contract. Noted many of the commission had the opportunity to tour the new Police station. Explained there will be a Real-time Crime Center, with television monitors to display security cameras being installed around the city. Such as the ones that Sarah Sims Park and other locations. Placing portable camera for special events like the Pirates Festival, Rock Plaza or any types of events. The city can deploy portable and temporary cameras. And receive feedback to a central place to be monitored and have oversight as well as it could be utilized for critical incidents. Critical incident such as an active shooter at a mall or t the school. The Command Central software allows law enforcement to connect many different computer software programs in existence now, and some that will be procured in the future to be able to see all in one piece of software. The software is designed to to identify the alerts which come out of the CAD system. This would allow the officers to know an incident has occurred, where the incident occurred and will automatically start to identify, cameras in a particular area near where the incident happened. Provided some examples of how the system could help the city. The software would notify the operator that a license plate reader is in that area. In the event there was a panic alarm activated, the button will alert our dispatch 911 center, and the command central, software, it will then automatically open up the cameras in that particular area of the building. The operator could see those camera records that Page 798 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 12 footage will be able to eventually take a snapshot of the area and push it out to the patrol cars who are still responding to the incident. Chief Gregory stated having a Crime center with the ability of not having to wait for an office to get on the scene, and then try to start figuring out what took place. The investigation can begin at the point the call received. Chief Gregory indicated this is a brief snapshot and condensed version, of the system software. Commissioner Romelus stated the cost of this item was reduced drastically. Chief Gregory stated there is a grant to help fund this system, which covers the initial payment for the system. Commissioner Hay was excited about this system, asked if any other municipalities have this system. Chief Gregory stated the City of Boca Raton and the Palm Beach Sheriff’s Office. Motion Commissioner Katz moved to approve. Seconded by Commissioner Hay, the motion passed unanimously. C. Proposed Resolution No. R20-055 - Accept 10-foot Dedication from the Boynton Beach Community Redevelopment Agency to provide for a 50 ft Right-of-Way on NE 1st Street between NE 4th Ave and NE 5th Ave. D. Approve the request from Oceanside Beach Service, Inc. to reduce the lease payment for the month of March to $1,206.00 and waive lease payments for the months of April and May. E. Authorize the Mayor to sign all documents with the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, associated with the grant acceptance and grant agreement in the amount of $111,931.00 subject to the approval of the City Attorney for the Coronavirus Emergency Supplemental investigation into potential misdeeds that took place within the Quantum Park Overlay Depend District in recent, amazing , natural amenity for the city residents and anyone who want to come to see it. Funding Program (CESF) for use by the Police Department. Page 799 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 13 F. Legal expenses for May 2020 provided at the request of the City Commission. No action required. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 16, 2020- "Request for Extensions and/or Piggybacks." H. Proposed Resolution No. R20-056 - Authorize the Mayor to sign FPL easement forms for parking lot lighting associated with the Eco Park project. Commissioner Katz indicated because of decisions which were made years ago, the city is in a position to facilitate the development of a passive park. An Eco park in excess of 50-60 acre in the city limits of Boynton Beach. This type of vision has come to fruition. This item is coming thought as a parking lot, but it is a parking lot lighting associated with the City Eco Park. Commissioner Katz requested answers from the legal department. The City sent out a request for an investigation to the Florida State Auditor Department to look into concerns relative to the Quantum Park Overly Dependent District, which had control over this land. Inquired if the city attorney has received any information in response to the correspondence. Attorney Cherof responded staff was able to track down some information. The item will come back to the Commission at a later date. Commissioner Katz wanted to make sure this item comes back to the Commission at a later date. He wanted to make sure that parties would be held liable from the Auditor General office. Mayor Grant inquired what can be done regarding the easement for FPL, and could FPL install some solar canopies, since this is an ECO Park. Hopefully the City could find funding, FPL now solar program or some other program. Motion Commissioner Katz moved to approve. Seconded by Commissioner Romelus and passed unanimously. I. Approve minutes from the City Commission meeting on June 2, 2020. Vice Mayor Penserga stated he understand minutes are a summary of the meeting, not a verbatim of what was said. In the minutes, it was written all lives matter, but what he stated was something to the effect of “black and brown lives matter” and that they too Page 800 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 14 deserve the same dignity, which is afforded to all other people. Noted unfortunately, and ironically, that was summarized in the minutes as misstating that all lives matter. Vice Mayor Penserga stated that it was ironic because that statement, all lives matter, for those that are not aware, is used specifically as a rebuttal to take away from the message of the Black Lives Movement. The idea of all lives matters, I think, is inspirational, and that is what we strive to do, but that is not what is seen on the ground. He wanted to re-iterate the fact that Black Lives Matter and saying that it does not mean that other people's lives do not matter. It does not mean that officers lives do not matter. It just means that Black Lives matter. Vice Mayor Penserga stated at this time, they are calling and asking for our help to make their lives more equitable. Motion Vice Mayor Penserga motion to amend the minutes, to state “Black and Brown lives matter.” Commissioner Hay seconded the motion which unanimously passed. Motion Commission Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 A. Award task order UT-3D-04 with Baxter & Woodman, Inc. DBA Mathews Consulting, A Baxter & Woodman Company, in the amount of $84,875 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to provide consulting services to prepare and develop a Mobility Plan and Fee. B. Proposed Resolution No. R20-057 - approve and authorize the City Manager to sign an agreement and task order with McGovern McDonald Engineers for Integrated Financial and Engineering Utility Rate Model Upgrade for $358,707.00 and 3-years of as-needed Model Maintenance Services at $70,000/year for the remainder of the 3-year contract period. Total 3-year task order amount is $527,874.00. C. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 16, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." Page 801 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 15 D. Proposed Resolution No. R20-058 - Approve piggybacking the US Communities Contract 15-JLP-023 between Trane and Harford County Public Schools, MD., and authorize the City Manager to sign a piggybacking agreement. Approve issuance of a purchase order for a 400 Ton (T) Trane Chiller at a cost of $154,960 and a purchase order for installation of the new unit and associated costs at a cost of $175,916 for a total value of $330,876. The US communities Contract 15-JLP-023 satisfies the City's competitive bid requirements. Motion Commissioner Hay moved to approve the Consent Agenda for items over $100,000. Commissioner Katz seconded the motion, which passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Attorney Cherof read the proposed Ordinances No. 20-017 through 20-023 into the record on first reading. Attorney Cherof indicated these ordinances must be voted on separately. Amanda Radigan, Principal Planner, provided a presentation regarding the Code Review of these items. Indicated these items are being grouped together. Explained the first group of amendments were expanding locations for selected uses, specifically automobile rental and self-service storage, Professional and Technical Schools, we are adding into the PID district on industrial lot mark. The Automobile rental the city is adding MU-4 back into the zoning. Indicated site must be located at a major road or intersection. There must be a conditional use approval for the outdoor vehicle storage. The Self-Service storage being added to the C-4. there is a prohibition for sites fronting arterial roads, Profession and technical schools, would add in the PID to include Industrial lots marked I, SMU is already permitted in this area, the self-service storage would add C-4 the city would prohibit sites fronting arterial roads. The professional and technical school the city is adding PID to the industrial los. The objective meeting demand from a growing city population. automobile rental and we are expanding it to be permitted and as you move for districts. The objective of this amendment is to meet the demands for the growing city populations and some requests which have come through on these specific uses. Ms. Radgin continue with the Maximum Building Height in Single and Two-Family (R-2) Residential Zoning District: A discrepancy was noted within the maximum allowable building heights within residential zoning districts, in which all of the Single-Family districts allow a maximum height of 30 feet, while the Single and Two-Family (R-2) zoning district only allows a maximum height of 25. This inconsistency was a result of an oversight when the maximum allowable building height in Single-family districts was increased from 25 Page 802 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 16 feet to 30 feet in the 1990s, and the Single and Two-Family (R-2) zoning district was overlooked. For consistency purposes in like zoning districts, staff views this amendment as a housekeeping matter, designed to permit a maximum building height of 30 feet across the single-family and duplex zoning districts. Swimming Pools Located Within Front and Corner Side Yard Setbacks: In an effort to provide flexibility for homeowners on corner lots, where building orientation of the house or other site improvements preclude the ability to construct a pool in the requisite rear or interior side yard, staff recommends a minimal code amendment to allow pools to be constructed. Automobile Rental, Self-Storage and Non-Conforming Lots within the front or corner side yard. To bolster the rationale for the proposed amendment to allow encroachments into these yards, currently an administrative adjustment may be granted to allow a house to be expanded to within 20 feet of the front or corner side yard property lines. Further, in 2018, the code was amended to allow covered front porches to encroach into the front setback by up to 10 feet, permitting a minimum setback of 15 feet from the front property line. As these other improvements have been construed to be non-impactful within the required setbacks, staff’s proposal would allow in-ground swimming pools to be no closer than 15 feet from the front or side corner property lines. The pool would need to be visually screened with a minimum 4-foot tall opaque fence, wall or landscape buffer, which are currently allowed in any front or side yard setback. Screen enclosures and the like would not be permitted in these areas, to minimize the visual impact on the neighbors. Automobile Rental Locations: To address a recognized need to provide greater flexibility in the locational criteria for the siting of automobile rental businesses, and fulfill the needs of the City’s growing population, staff proposes adding this use to additional zoning categories, creating a series of operational criteria (including the requirement that they be located on properties at major road intersections), and requiring Conditional Use approval of any outdoor vehicle storage on site. In-ground Storm Shelters: Staff has been requested to explore regulations for in-ground storm shelters. While some residents choose to fortify the exterior of their residence, and some have constructed safe rooms within the home, a contingent of residents throughout the country, especially in the mid and southwest prefer to utilize an in-ground storm shelter as their means of protection during a storm. With South Florida being prone to hurricane strikes, and the tornadoes spawned by them and other tropical systems, this type of shelter can provide another form of protection. Though not typical in Florida due to the high-water table, those who reside on higher ground could take advantage of these proposed regulations. Self-Service Storages Locations: In recognition of the increased demand for this use fueled by the City’s growing population, staff proposes to expand the permitted locations of Self-Service Storage locations by adding this use to an additional zoning category. Currently, the use is permitted within the Industrial zoning district (M-1) and conditionally permitted within four (4) other zoning districts. This amendment permits Self-Service Storage within the City’s C-4 General Commercial zoning district, except on locations that front an arterial road. Professional & Technical Schools Locations: This amendment would expand the permitted locations for Professional & Technical Schools within the PID (Planned Industrial District) to lots that have an Industrial (I) land use option within Quantum Park. Page 803 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 17 Nonconforming Lots Standards: indicated older residential areas of the City have several nonconforming lots that are currently unbuildable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, and minimum livable area. This amendment furthers the City’s goal of increasing the inventory of attainable housing. Mayor Grant requested clarification in the self-storage in the C-4 zoning district. Why is there a need to expand a self-storage unit in the city? Inquired if this a conditional use or a permitted use. Ed Breeze responded in the C-4 it would be a permitted use with a series of regulations associated with it. This would not be allowed on any major thoroughfares. Indicated there are limited uses in the C-4 zoning district which allows warehousing and various different manufacturing type of businesses. Mr. Breeze stated this type of business would not be allowed on the major thoroughfare. Mayor Grant stated his main issue with the self-storage units is that it does not allow for economic development within the City of Boynton Beach. His experience is such that in the C-3 Zoning District, a self-storage unit was trying to go into the Expo center, which is now a Restaurant depot. Because it was, a conditional use, not a permitted use the applicant would have had to jump through hoops in order to get a self-storage unit there. Acknowledged with the passage of time, they received a much better use. Mayor Grant stated originally almost had a camping world there, but our code didn't allow them to have their RV's, in the lot. He would still want the city Commission for any future administrations to have approval with a conditional use, because we do not necessarily know which a lot that they are taking up. The economic development of our city is vital where we are seeing now the prices of industrial skyrocketing and we do not really have much industrial space left in the city, where C-4. Mayor Grant wanted to make sure the City Commission must have final approval, for any self-storage units that are coming into the city and a C-4 zoning district. Requested the City Commission make a motion to amend the permitted use with restrictions to a conditional use with restrictions. Commissioner Romelus asked for clarification as to what would be conditional use. Mayor Grant responded that the self-storage Unit proposed Ordinance 20-021. The staff, not, just to prove their current regulations and restrictions. but goes to the city commission for a conditional approval similar to when the commission approved in the past, the daycare. over in the gross restaurant, where, you know, it was a 3 to 2 vote, he feel that you both know that the commission had the opportunity to discuss the pros and cons of having a daycare and a shopping plaza versus a standalone building. Commissioner Romelus agreed. Page 804 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 18 Vice Mayor Penserga inquired about the non-conforming lots. Ms. Radigan stated these properties were in the Heart of Boynton. How many properties. Vice Mayor Penserga asked if it was a significant portion of the Heart of Boynton parcels? Ms. Radgin responded there are several lots. She explained anything which is smaller than 50 feet wide is technically right now. There are codes which allow for a do shotgun style home. There are lots of different topologies of homes that you build smaller loss, but the standard zoning districts don't permit those to be built. Over time these laws were subdivided and just became illegal parcels for building. Vice Mayor Penserga stated he wanted to have a sense of the impact of this, and it was mentioned, shotgun house. What is a shotgun house? Ms. Radigan explained Shotgun homes are were designed long and narrow. Although the city wants these lots to be buildable, staff included some safeguards to make sure the homes being built was quality housing. The minimum livable area is 750 square feet, which is about the size of a large, one-bedroom apartment. Mayor Grant inquired the size of the shipping container. Ms. Radigan responded 40 x 20 feet, (about 800 square feet) it would need to meet some architectural standards. Commissioner Hay indicated the minimum height would increase from 25 feet to 30 feet. Ms. Radigan responded yes. Commissioner Hay asked Ms. Radigan to elaborate on Hurricane shelters. Ms. Radigan responded in ground shelters are really geared for hurricane protection, and they are underground. It is easy for planning to permit. However, there are engineering constraints to actually getting them a built. Ms. Radigan explained anything which is above ground, if they have an entrance to come into the underground shelter, those would need to meet the, accessory, dwelling, accessory dwelling setbacks. Commissioner Hay concerned this was South Florida, noted there is water near the surface. Ms. Radigan agreed. Commissioner Hay inquired I there were any existing underground hurricane shelters. Ms. Radigan replied there are none. Reasoning they were not permitted in the city. Learned it would need to be on the highest point of the ridge where there is sufficient land. Commission Romulus inquired if the non-conforming lots, now allow for the building on those lot, using containers. Ms. Radigan respond If they look like a single-family home and met all the other building requirements. Page 805 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 19 A. Proposed Ordinance No. 20-017 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Sections 1.B. and 2.E., to set a consistent maximum building height for all Single-Family, and Single and Two-Family residential zoning districts. Attorney Cherof read the proposed Ordinance No. 20-017 into the record on first reading. Motion Commissioner Romelus moved to approve proposed Ordinance No. 20-017 on first reading. Commission Katz seconded the motion with discussion. Opened to the Public: Susan Oyer, 140 SE 127 Way, suggested reading the Planning and Zoning board meeting. There is problem with parking, the car rental would take parking away from the public. Not to MU-4 and yes to the SMU zoning. Mayor Grant closed Public Comment. City Clerk Gibson call the roll, vote 5-0 Proposed Ordinance No. 20-018 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 1.B. and Sections 2.C and 2.E., to modify development standards for selected non- conforming lots. Attorney Cherof read the proposed Ordinance No. 20-018 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-018 on first reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-019 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental. Attorney Cherof read the proposed Ordinance No. 20-019 into the record on first reading. Page 806 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 20 Motion Commissioner Hay moved to approve proposed Ordinance No. 20-019 on first reading. Commissioner Katz seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-020 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to allow Professional & Technical Schools in Industrial (I) pods within Quantum Park. Attorney Cherof read the proposed Ordinance No.20-020 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-020 on first reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-021 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D. Use Matrix, to allow Self-Service Storage in the C-4 zoning district. Attorney Cherof read the proposed Ordinance No. 20-021 into the record on first reading. Mayor Grant requested a motion to amend to include self storage unit in the C4 unit as a conditional use. Motion Vice Mayor Penserga moved to approve the amended proposed Ordinance No. 20-021 on first reading. Commission Hay seconded the motion. City Clerk Gibson call the roll, vote 5-0. Proposed Ordinance No. 20-022 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria. Page 807 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 21 Attorney Cherof read the proposed Ordinance No. 20-022 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance no. 20-022 on first reading. Vice Mayor Penserga seconded the motion City Clerk Gibson call the roll, vote 5-0 Proposed Ordinance No. 20-023 - First Reading - Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning, Article V. Supplemental Regulations, to add Section 3. AA, In-ground Storm Shelters. Attorney Cherof read the proposed Ordinance No. 20-023 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-023 on first reading. Vice Mayor Penserga seconded the motion. City Clerk Gibson call the roll, vote 5-0 B. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: City-initiated. (This agenda item was tabled from the January 21, 2020 Commission Meeting.) Attorney Cherof read proposed Ordinance No. 20-002 into the record by title only. Motion Commission Hay motion to remove from the table. Commission Katz seconded the motion which unanimously passed. Mayor Grant inquired if the City of Boynton Beach became the applicant for the second reading. Attorney Cherof indicated between the first and second reading that change was made. Mayor Grant inquired what burden does the city has to approve the rezoning. Attorney Cherof stated there is no burden. Noted It was the same as any item which comes before the commission for approval. Page 808 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 22 Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion which unanimously passed. Mayor Grant opened to public comment. Seeing none, he closed public comment. City Clerk Gibson call the roll, vote 5-0 Mayor Grant thanked the commission and understand he believes it would be a difficult task getting all the owners together. Received a not from Cemimark that they had to lay off some of there workers. Commissioner Hay commented regarding the procedures on first and second reading of an ordinance. Attorney Cherof stated the citizens now have a voice to express concerns. Mayor Grant noted the citizens are given the ability to voice their concerns and the developer can answer questions and make changes between the first and second reading if warranted. 9. City Manager’s Report A. Proposed Resolution No. R20-059 - Approve First Amendment to FY 2019- 2020 Action Plan and Second Amendment to Citizen Participation Plan to Implement CDBG CARES ACT Small Business Grant Program. Lori LaVerriere, City Manager, provided an update on the City of Boynton Beach small business grant program. David Scott, Director of Economic Development and Strategy, indicated on April 2, 2020, the U.S. Department of Housing and Urban Development informed the City of an award of $351,815 in supplemental Community Development Block Grant (CDBG) funding for grants to prevent, prepare, and respond to the coronavirus pandemic, (CDBG-CV grants) which were made available through the CARES Act. Under the City’s Citizen Participation Plan, as amended, a substantial amendment is required for the City to quickly receive and administer these funds to meet the needs of the City’s low- and moderate-income (LMI) households and individuals (80% or less of the Palm Beach County Area Median Income). The economic development office would work with Lashea Brooks community small grant, this would be a grant available for small business, this grant would provide grants of up to $10,000 to enable small businesses (25 or less employees) or micro- enterprises (five or less employees including owner) to invest and survive the coronavirus pandemic through the payment of payroll, commercial lease payments, COVID-19 safety requirements, and inventory. Businesses must be located in the City limits and cannot have received a Paycheck Protection Loan or other COVID-19 related assistance. The CRA district would be excluded. Page 809 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 23 Provided the requirements in order to receive the grant. Applications will be received on the first come first eligible system. As part of this amendment, the city has revised the Consolidated Plan’s Citizen Participation Plan to include the 5-day comment period and virtual hearings from 15 days. This has been advertised. This will be made available on the city website and on social media. This is in addition to the allotment of the CBDG funding. The Businesses within the CRA district would be excluded. Wanted to make sue businesses located outside of the CRA district, privately held for profit, must be register on SUNBIZ.org., have a businesses license within the city limit of Boynton Beach. Provided a listing of all acceptable uses of the funds and required documents needed. This information will be made available online and in the city newsletter. Mayor Grant stated do we need to use for businesses only. Or can it be used to help residents. Mr. Scott stated it must be COVID related. Geared toward the response to COVID. Mayor Grant indicated it was similar to the contract signed by CareerSource. Mr. Scott indicated this would preclude businesses which may have already received funding from the PPE. as stated, any money which was already received, this is CARES ACT money, Mayor Grant inquired if the City could use some of the funding for public infrastructure. Lashea Brooks, Community Development Manager commented if it is a public facility and the city need to use it for an automatic door, the answer would be yes., Mayor Grant believed this was necessary for some of the city public facilities. Requested to appropriate some of the funding. Any amount above the *300,000 could be used to retrofit those building to stop the spread of COVID-19. Vice Mayor Penserga clarified this would be for automatic sliding door, so that the public would not need to touch the doors. Mayor Grant stated this would make the public safer by rehabilitating some of the city’s older buildings, Lori LaVerriere, City Manager inquired if the funding would be $300,000 to the small businesses and $51,000 allocated to the City of Boynton Beach. Commissioner Hay asked what happens if the funds are not spent, would the funds be available for other uses. Mr. Scott replied these funds are earmarked for businesses, which were negatively impacted by COVID-19. Page 810 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 24 Mayor Grant asked if the County’s funding of $60M has been spent. Mr. Scott stated this money was spent very quickly. Lashea Brooks, Acting Community Development Manager, explained the program was only opened for a few weeks and they received over 4000 applications. Commissioner Hay inquired when the money would be available. Mr. Scott responded the goal was to have the online portal available June 26, 2020. Annette Gray asked if the funds would be opened to nonprofits as well. She received the answer. Lashea Brooks, Acting Community Development Manager stated she would need additional information on what the city would use the funding. Mayor Grant provided a listing of items to be funded. Mr. Scott stated according to the criteria stated there is a cap of at 15%. Ms. Brooks stated this was within the allowable amount. Commissioner Hay asked about the CRA businesses if this was a HUD imposed requirement or a City of Boynton Beach requirement. Mr. Scott stated this was a recommendation from city staff. Motion Commissioner Hay amended motion to use $51,000 funding for a public facility for COVID related improvements. Vice Mayor Penserga seconded the motion, which passed unanimously. 10. Old Business - None 11. New Business-None 12. Legal A. Proposed Ordinance No. 20-024 - First Reading - Approve amending City Code of Ordinances Section 16-60, Article 2, Establishing hours of use at Harvey E. Oyer, Jr. Park to provide Community Standards with the ability to enforce parking regulations. Motion Commissioner Hay moved to approve proposed Ordinance no. 20-024 on first reading. Vice Mayor Penserga seconded the motion. Page 811 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 25 Mayor Grant opened to public comment, seeing no one coming forward, public comment was closed. Clerk Gibson called the roll, Vote 5-0 B. Proposed Ordinance No. 20- 025 - First Reading - Approving request for abandonment of easements associated with the Riverwalk Plaza redevelopment project, located at 1532 S. Federal Highway. Applicant: Soraya Conserve, Flynn Engineering Services, P.A. Attorney Cherof read the proposed Ordinance No. 20-025 into the record by title only. Motion Commissioner Katz moved to approve proposed Ordinance No. 20-025 on first reading with discussion. Commissioner Hay seconded the motion. Commissioner Katz question for City Staff, relative of Riverwalk which they promised the city. Requested an update to acquire the mangrove potion of the adjacent property. Mike Rumph stated there is currently an application with the Army Corps of Engineers, stated there is a portion of the property being preserved as well as a portion being developed. There is a portion between the lowlands and the upland areas that would be affected by the development of particular interest to the Corps. They do not want to sever the property from their single ownership before the property can be reviewed, they can review get to that process. Commissioner Katz clarified everything is proceeding as planned, indicated this was a time-consuming process with regards to mangrove mitigation and the court. Public Comments: Susan Oyer, 140 SE 27th Way, said she was completely opposed to doing anything, which would damage to the mangroves. She has seen some plans regarding the development, and they all destroy the mangroves. In speaking with hundreds of people, advise to be very careful in moving forward. There are a group of people who want to trade mangrove parks and develop. Clerk Gibson called the roll, vote 5-0 C. Proposed Emergency Ordinance No. 20-026 - Approve Emergency Ordinance renewing and extending Emergency Ordinance No. 20-009 of the City of Boynton Beach, Florida, authorizing the City Manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing Page 812 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 26 for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. Attorney Cherof read the proposed Ordinance No. 20-026 into the record by title only. The current emergency order is set to expire June 30, 2020, if this was not adopted the next meeting would be in person. Other municipalities have requested an extension from the Governor. Lori LaVerriere stated she has heard the governor is considering extending the emergency ordinance. Mayor Grant stated the commission would be approving an ordinance which may not be valid. Attorney Cherof stated this would need to be addressed in the 1st Commission meeting in July. Mayor Grant opened to public comment, seeing no one coming forward, public comment was closed. Motion Commission Katz moved to approve. Commissioner Romelus seconded the motion. Clerk Gibson called the roll vote 5-0 D. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC for textile recycling program. Motion Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion, which unanimously passed. Attorney Cherof noted at the June 2, 2020 City Commission meeting, a proposal was made by the franchisee to modify the Franchise Agreement. The attached addendum includes the details of the proposal. On June 12, 2020, the City received a check in the amount of $15,833.65, a copy of which is attached hereto. July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/ IT, for an initial three (3) year term. The Franchise Agreement was negotiated as a revenue generating Agreement whereby FLSC, LLC., was to pay to the City a fixed monthly fee of $2,000.00 per bin, or $100,000.00 annually, whichever was greater for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program. Page 813 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 27 Attorney Cherof stated he provided a marked-up agreement with the backup. Summarized FLSC, LLC original agreement states would pay $2000 per bin annually prorate on a monthly basis. FLSC changes made were consistent with their presentation. The changes of $2000 per location. Which would be a maximum of 15b ins per locations this would generate revenue for the city of $30,000 maximum as opposed to $100,000 as originally contemplated. Mayor Grant inquired if the vendor sent in a check. Attorney stated a check was received, and the agreement was they would continue to pay the arrearage until paid off, within 12 months. Mayor Grant asked if the agreement was terminated would this require the vendor to remove the bins within 30 days. Attorney Cherof stated this was correct. Mayor Grant stated the other alternative was to accept the changes to the agreement, the $2000 location instead of $2000 per bin and asked when the agreement expires. Attorney Cherof stated it was a 3-year agreement, and it will end within a year. Mayor Grant asked if the commission wanted to accept for one more year. The City could receive some money now and work on a better recycling program in the future. Commissioner Katz stated this has not lived up to the expectation. Indicated he was the biggest proponent of this pilot program. He believed this program has potential. Agreed to let it run its course. And then reset and make any needed adjustments. Mayor Grant asked if the commission could accept the handwritten amendment. Attorney Cherof stated the commission can accept and a clean version will be presented to the commission at the next meeting. Motion Commissioner Katz moved to approve with the changes presented to the commission. Vice Mayor Penserga seconded the motion which unanimously passed. Commissioner Katz come back to option regarding the investigation into Quantum Overlay District. Attorney Cherof would place this under legal at the next meeting. Motion Commissioner moved to approve the item being placed on the agenda for the next commission meeting, under Legal. Commissioner Hay seconded the motion, which passed unanimously. Page 814 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 28 Commissioner Romelus requested to add to future agenda to revisit the purpose of the Art Commission. Mayor Grant asked if we want to wait before or after the City Manager hires a new Arts Manager. Ms. LaVerriere noted staff is reviewing the job description and review the process. Something will be brought to the commission in the future. Commissioner Romelus indicated there was some concern regarding the kinetic festival. Asked what can be done. Ms. LaVerriere stated the city would need to pull together as a staff and get it done. Mayor Grant requested a presentation from Lashea Brooks, Acting Community Development Manager 13. Future Agenda Items A. Discussion regarding establishing a Racial Equity Task Force – July 7, 2020. B. Approve the Master Plan Modification for the Boynton Beach Mall- TBD C. Provide an Update on the Potential Sale of the Nichol’s property to Pulte Homes- July 7, 2020. D. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance – TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. The motion was seconded by Commissioner Romelus, which unanimously passed. The meeting was adjourned at 9:08 p.m. John McNally, I.T. Director, stated a recorded version of this session would be posted to the City of Boynton Beach’s YouTube channel. He noted that links to that channel are available on the City of Boynton Beach website and this concludes the meeting. Page 815 of 1203 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 16, 2020 29 CITY OF BOYNTON BEACH ___________________________ Mayor - Steven B. Grant ___________________________ Vice Mayor – Ty Penserga ___________________________ Commissioner – Justin Katz ___________________________ Commissioner – Woodrow L. Hay ___________________________ Commissioner – Christina Romelus ATTEST: _______________________________ Crystal Gibson, MMC City Clerk ___________________________________ Queenester Nieves, CMC Deputy City Clerk Page 816 of 1203 June 16, 2020 City Commission Meeting Minutes Attachment “A” Public Comment – June 16, 2020 Commission Meeting Agenda Item No(s). Name Comments E‐mail and/or Physical Address Phone No. Date/Time Received Method Received 1. Not On The Agenda Marcia Levine “Thank you Mayor, Vice Mayor, City Manager and City Commissioners for this forum to make public comments. I want to state that I am proud to sit as a volunteer Vice Chair on Boynton Beach's Public Art's Commission, it gives me so much pride. I love Boynton Beach. The termination of Debby Coles Dobay was unfortunate, while I do not have all the details, I understand that what was done was serious enough to warrant her dismissal in everyone;s hearts and minds. Her reputation as Public Arts Manager remains intact as you can see from all the letters you have been receiving speaking to her great work.Some have asked for the reconsideration of the decision. With that in mind, and seeing how much work there is still left to do, and how many projects she has on the table into 2021, what are the plans for either bringing her back, or bringing in a replacement. What is the timetable. Thank you.” marcialorilevine@gmail.com 625 Casa Loma Blvd. Boynton Beach, FL 33435 None provided. 06/16/2020; 10:53am E‐mail 2. Not On The Agenda Martin Klauber “After having been appointed to the Arts Commission in December 2019 it has been my pleasure to see Debby in action before the Commission and the public. Her dedication, knowledge, and demeanor as a public servant of this City is so very evident. Her grasp of the public processes and her forward thinking about public art now and in the future makes her ideal for her position. Every reaction and explanation is both lucid and a reflection of her deep knowledge. She is in short a treasure for our City.” marty.klauber@gmail.com None provided. 06/16/2020; 11:22am E‐mail Page 817 of 1203 7.A. C ONS E NT B I D S A ND P URC HASES OV E R $100,000 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed R esolution No. R20-064 - A pprove and authorize the City Manager to sign Amendment No. 3 to the Developer's Agreement with Knuckles, L L C in the amount of $18,935.18 for the construction of sanitary sewer and lift station wet well improvements for the Tac o Bell project located at 2319 Federal Highway. Upon approval of Amendment No. 3, the revised projec t amount will be $188,897.18. Explanation of R equest: On May 5, 2020, the C ity Commission approved and authorized the City Manager to sign Amendment No. 2 to the Developer's Agreement with K nuckles, L L C for the Tac o Bell project located at 2319 Federal Highway as Resolution R20-038. Amendment No. 2 modified the location of the wet well and gravity sewer on the site to the east to avoid construction issues with an excavation near the western property line, a neighboring single family home, and an adjacent F P L power pole. A mendment No. 2 included a deductive Change Order No. 1 from the Developer ’s subc ontrac tor in the amount of $1,730.00, resulting in the current projec t c ost of $169,962.00. Amendment No. 3 is necessary due to unforeseen groundwater c onditions that resulted in a high volume of water encountered during the deep exc avation and dewatering operations on site. D ue to these construction issues, Staff modified the design to divert only the existing wastewater flow from the western portion of S E 23rd Avenue to the new gravity sewer and wet well. W ith this modification, the wet well will be raised approximately 13 feet. The Developer ’s dewatering operations will be able to manage the reduced amount of groundwater encountered at the shallower depth. Change Orders No. 2 through 7 from the Developer ’s subcontractor inc lude cost increases for the additional dewatering, engineering, permitting, and modific ations to the existing manhole struc tures, and credits for the reduc ed length of gravity sewer pipe and the elimination of one manhole. The revised projec t ac counting is as follows: Original Price Quote: $171,692.00 Change Order No. 1: ($1,730.00) Current Projec t C ost: $169,962.00 Change Orders No. 2 -7: $18,935.18 Revised Projec t C ost: $188,897.18 The City will reimburse Knuc kles, L L C for the total revised project c ost of $188,897.18 after Final Acc eptance of the gravity sewer and wet well improvements. Final Acceptanc e by the City includes granting the utility easements over the Developer ’s property, c onveyance of the utilities to the C ity by Bill of Sale, completion of all City punch list items, submittal of final as-built record drawings, and permit release from Palm Beach County Health D epartment. How will this affect city programs or services? Utilizing Knuc kles, L L C ’s subcontractor for the work will expedite construc tion of the wastewater utilities without additional delays to the Developer ’s schedule for c ompleting construc tion of the Taco Bell project. Fiscal Impact: Budgeted Funding for reimbursement of the construction c osts for the gravity sewer and lift station wet well improvements is available in the Utilities C I P ac count. Page 818 of 1203 Alternatives: Not approve Amendment No. 3 to the Developer ’s Agreement. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving Amendment No. 3 to Developers A greement Amendment Third Amendment to Developer's Agreement Drawings Revised Drawings Change Order Change Order Requests 2 - 7 Page 819 of 1203 S:\CA\RESO\Agreements\Developers Agreement (Amendment #3) with Knuckles (Taco Bell)- Reso.docx RESOLUTION NO. R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN AMENDMENT NO. 3 TO THE 5 DEVELOPER’S AGREEMENT WITH KNUCKLES, LLC FOR THE 6 CONSTRUCTION OF SANITARY SEWER AND LIFT STATION 7 WET WELL IMPROVEMENTS FOR THE TACO BELL PROJECT 8 LOCATED AT 2319 FEDERAL HIGHWAY WHICH WILL REVISE 9 THE PROJECT AMOUNT TO BE $188,897.18; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, on November 5, 2019, the City Commission approved and authorized 13 the City Manager to sign the Developer's Agreement with Knuckles, LLC for the Taco Bell 14 project located at 2319 Federal Highway; and 15 WHEREAS, on January 21, 2020, the City Commission approved and authorized the 16 City Manager to sign Amendment No. 1 to the Developer's Agreement with Knuckles, LLC 17 for the Taco Bell project located at 2319 Federal Highway as Resolution R20-010; and 18 WHEREAS, on May 5, 2020, the City Commission approved and authorized the City 19 Manager to sign Amendment No. 2 to the Developer's Agreement with Knuckles, LLC for the 20 Taco Bell project located at 2319 Federal Highway as Resolution R20-038; and 21 WHEREAS, Amendment No. 3 is necessary due to unforeseen groundwater 22 conditions that resulted in a high volume of water encountered during the deep excavation and 23 dewatering operations on site; and 24 WHEREAS, with this modification, the wet well will be raised approximately 13 feet; 25 and 26 WHEREAS, the City Commission has determined that it is in the best interests of the 27 residents of the City to approve and authorize the City Manager to sign Amendment No. 3 to 28 Developer’s Agreement with Knuckles, LLC for the construction of sanitary sewer and lift 29 station wet well improvements for the Taco Bell project located at 2319 Federal Highway 30 which will revise the project amount to be $188,897.18. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Page 820 of 1203 S:\CA\RESO\Agreements\Developers Agreement (Amendment #3) with Knuckles (Taco Bell)- Reso.docx Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 Section 2. The City Commission does hereby approve and authorize the City 37 Manager to sign Amendment No. 3 to Developer’s Agreement with Knuckles, LLC for the 38 construction of sanitary sewer and lift station wet well improvements for the Taco Bell project 39 located at 2319 Federal Highway which will revise the project amount to be $188,897.18, a 40 copy of Amendment No. 3 is attached hereto as Exhibit “A”. 41 Section 3. This Resolution shall become effective immediately upon passage. 42 43 PASSED AND ADOPTED this _____ day of May, 2020. 44 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor – Steven B. Grant _____ _____ 49 50 Vice Mayor – Ty Penserga _____ _____ 51 52 Commissioner – Justin Katz _____ _____ 53 54 Commissioner – Woodrow L. Hay _____ _____ 55 56 Commissioner – Christina L. Romelus _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 62 _____________________________ 63 Crystal Gibson, MMC 64 City Clerk 65 66 67 (Corporate Seal) 68 Page 821 of 1203 {00382538.1 306-9001821} AMENDMENT NO. 3 This is AMENDMENT NO. 3 to the DEVELOPER'S AGREEMENT (the "Third Amendment") by and between the CITY OF BOYNTON BEACH (the “City”) and KNUCKLES, LLC (the "Developer") is made and entered into on July ____, 2020. WITNESSETH: WHEREAS, the City and the Developer entered into a Developer’s Agreement which was passed and adopted by the City on November 5, 2019 as Resolution No. R19-136 (“Original Agreement”); and WHEREAS, the First Amendment to the Original Agreement was passed and adopted by the City on January 21, 2020 as Resolution No. R20-010 (“First Amendment”); and WHEREAS, the Second Amendment to the Original Agreementwas passed and adopted by the City on May 5, 2020 as Resolution No. R20-038 (“Second Amendment”); and WHEREAS, the Original Agreement, as amended, is being further amended as provided herein; and NOW THEREFORE, in consideration of the promises, mutual covenants, provisions and undertakings hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. On-Site Utilities. The Developer will construct and install a gravity sewer line within a 10 ft. utility easement on the Developer’s property and construct and install a lift station wet well within a 20 ft. x 20 ft. utility easement, as depicted and hereby amended in Exhibit “A” attached hereto, in accordance with the project plans provided by the City. The gravity sewer and wet well will be installed as “dry lines” without flow until Lift Station No. 412 is relocated by the City in the future. 2. Reimbursement. The City will reimburse the Developer after final acceptance of the gravity sewer and wet well improvements in the amount of $188,897.18 based on the Developer’s Change Order Requests No. 2 through 7 (“Final Acceptance”) attached hereto as Exhibit “B”. Final Acceptance involves compliance with the City requirements as follows: a. The granting of appropriate utility easements over the Developer’s property as indicated in paragraph (1) above. b. The conveyance of said facilities to the City by Bill of Sale. c. The completion of all City required punch list items. Page 822 of 1203 {00382538.1 306-9001821} d. The delivery of final as-built record drawings (two full-size sets of signed and sealed hard copies, AutoCAD file, and PDF file). e. Palm Beach County Health Department permit release. 3. Change Orders. Any modifications to the location of the gravity sewer and wet well, or any modifications to the price shall be accomplished through a written change order executed by the Developer and the City Manager. The City shall not be responsible for any additional charges, costs, fees, or expenses unless the City Manager executes a written change order to the Original Agreement, as amended that provides for any consideration to be paid by the City. 4. Except as amended herein, the City and Developer ratify, approve, and reaffirm the terms of the Original Agreement, as amended, and the Original Agreement, as amended shall remain in full force and effect, except as amended herein. 5. In the event of any conflict or ambiguity by and between the terms and provisions of the Original Agreement, the First Amendment, the Second Amendment, and this Third Amendment, , this Third Amendment shall control to the extent of any such conflict or ambiguity. 6. Capitalized terms used but not defined herein shall have the meaning assigned in the Original Agreement, as amended. (Signature Page and Exhibits to Follow) Page 823 of 1203 {00382538.1 306-9001821} IN WITNESS WHEREOF, the Parties have caused this Third Amendment to be executed on the date and year first written above. ATTEST: CITY OF BOYNTON BEACH By:_______________________ By:_____________________________ Name: Steven B. Grant Title: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:______________________ City Attorney WITNESSES: KNUCKLES, LLC a Delaware limited liability company By: ____________________________ By: ________________________________ Print Name: _____________________ Title: _______________________________ By: ____________________________ Print Name: _____________________ STATE OF FLORIDA ) )ss: COUNTY OF ______________ ) The foregoing instrument was acknowledged before me by means of ___ physical presence or ___ online notarization, this ____ day of ____________, 2020, by ___________________________, as __________________ (name of officer or agent, title of officer or agent), of Knuckles, LLC., a Delaware limited liability company, on behalf of the limited liability company. He/She is personally known to me or has produced _____________________________ (type of identification) as identification __________________________________ Signature __________________________________ Name and Title __________________________________ Commission Number Page 824 of 1203 {00382538.1 306-9001821} EXHIBIT A REVISED PROJECT DRAWINGS Page 825 of 1203 {00382538.1 306-9001821} EXHIBIT B CHANGE ORDER REQUESTS NO. 2 THROUGH 7 Page 826 of 1203 COVERSHEETBoynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435Boynton Beach UtilitiesFL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE TACO BELL - LIFT STATION 412 DRY 8 INCH GRAVITY SEWER MAINCONSTRUCTION PROJECT - COASTAL BAY OPTIONTACO BELL LIFT STATION 412 DRY INCH GRAVITY SEWER 0AINCONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 827 of 1203 S.E. 23RD AVENUEROBINSON STREET BY PLATU.S. HIGHWAY NO. 1 100' R/W50' R/W (P)SOUTH FEDERAL HI G H W A YD6D6D6WP1ABAAACOASTAL BAY BLVD TDRIVETHRUWPWPBBBBASHEET NO.1 OF 6Boynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435FL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE TACO BELL LIFT STATION 412 DRY INCH GRAVITY SEWER 0AINCONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 828 of 1203 SHEET NO.2 OF 6Boynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435FL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE TACO BELL LIFT STATION 412 DRY INCH GRAVITY SEWER 0AINCONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 829 of 1203 SHEET NO.3 OF 6Boynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435FL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE LIFT STATION 412 RELOCATION NEWWET WELL CONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 830 of 1203 MANHOLE FRAME AND COVER11/18U.S . F OUNDRY0ADE IN U.S.A0ADE I N USA US FOUNDRY 0FG COR3. A S T 0 A 4 CLASS 35BUSF23DATESANITARY SEWEREFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISION SHEET NO.4 OF 6Boynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435FL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE TACO BELL LIFT STATION 412 DRY INCH GRA9ITY SEWER 0AINCONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 831 of 1203 EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISION FLOW PATTERNS FOR INVERT CHANNELS11/18EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTIL IT IESENGINEER ING D IV IS ION STANDARD PRECAST MANHOLE(WITH ECCENTRIC CONE)11/18SHEET NO.5 OF 6Boynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435FL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE TACO BELL LIFT STATION 412 DRY INCH GRA9ITY SEWER 0AINCONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 832 of 1203 EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILITIESENGINEERING DIVISION HORIZONTAL SEPARATION DETAIL05/19EFF. DATEPAGE NUMBERBOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILSNOT TOSCALEUTILIT IESENGINEER ING DIV IS ION VERTICAL SEPARATION DETAIL05/19SHEET NO.6 OF 6Boynton Beach Utilities124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435FL. LIC. NU0BER 5 624CHRISTO3HER -. ROSCHE. 3.E.ENGINEER OF RECORD DATE TACO BELL LIFT STATION 412 DRY INCH GRA9ITY SEWER 0AINCONSTRUCTION 3RO-ECTCOASTAL BAY OPTIONPage 833 of 1203 Page 834 of 1203 Page 835 of 1203 Page 836 of 1203 Page 837 of 1203 Page 838 of 1203 Page 839 of 1203 7.B. C ONS E NT B I D S A ND P URC HASES OV E R $100,000 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Approve the one-y ear extension for RF Ps/B ids and/or piggy backs for the procurement of services and/or c ommodities as described in the written report for J uly 7, 2020 - "Request for Extensions and/or Piggybac ks Over $100,000." Explanation of R equest: As required, the Financ e/Procurement D epartment submits requests for award to the C ommission; requests for approval to enter into c ontrac ts and agreements as the result of formal solic itations; and to piggy-bac k governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to Commission as part of the initial approval proc ess. Proc urement seeks to provide an acc urate and effic ient method to keep the C ommission informed of pending renewals and the anticipated expenditure by reduc ing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). V E N D O R(S )D E S C R IP T IO N O F SO L IC ITAT IO N S O L IC ITAT IO N N U MB E R R E N E W AL T E R M AMO U N T J ohnson-Davis, I nc ., Giannetti Contracting C orp., F L Design D rilling Corp., Centerline Utilities, I nc . Pre-Qualification of Contractors for Utilities Construction Services RF Q 028-2821- 19/MFD August 7, 2020 to August 6, 2021 $500,000 Mac Millan Oil Company Bulk Gasoline and Diesel Fuel Delray Beach Bid # 2017-047 J une 7, 2020 to J une 6, 2021 $1,000,000 Action Labor School Crossing Guard Servic es B oc a Raton Bid No. 2016-071 J une 23, 2020 to J une 22, 2021 $390,000 How will this affect city programs or services? This renewal report will be used for those solic itations, c ontrac ts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solic itations to be issued. Strategic Plan: Page 840 of 1203 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Description Addendum RE QUE S T F OR B I D E X TE NS I ONS J uly 7 2020 Addendum S I GNE D Renewal I nterest Letter - F L Design Drilling Addendum S I GNE D Renewal I nterest Letter - J ohnson Davis Addendum S I GNE D Renewal I nterest Letter- Ac tion Labor Addendum S I GNE D Renewal I nterest Letter- Giannetti Addendum S I GNE D Renewal I nterest Letter- Mac Millan Oil Addendum S I GNE D Renewal I nterest Letter- Centerline Page 841 of 1203 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 July 7, 2020 REQUESTING DEPARTMENT: Police DEPARTMENT CONTACT: Captain Zeller TERM: June 23, 2019 thru June 22, 2020 SOURCE FOR PURCHASE: Boca Raton Bid # 2016-071 ACCOUNT NUMBER: 001-2110-521-49-17 VENDOR(S): Staffing Connection ANNUAL ESTIMATED EXPENDITURE: $390,000 DESCRIPTION: Award of the current School Crossing Guard Services contract to Staffing Connection was approved at the 5/7/19 City Commission Meeting and is for a one (1) year term that ends on June 22, 2020. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for June 23, 2020 to June 22, 2021. REQUESTING DEPARTMENT: Fleet DEPARTMENT CONTACT: Bill Darty TERM: June 7, 2019 thru June 6, 2020 SOURCE FOR PURCHASE: Delray Beach Bid # 2017-047 ACCOUNT NUMBER: 501-2516-519-52-10 VENDOR(S): MacMillan Oil Company ANNUAL ESTIMATED EXPENDITURE: $1,000,000 DESCRIPTION: Award of the current Bulk Gasoline and Diesel Fuel contract to MacMillan Oil Company was approved at the 9/20/18 City Commission Meeting. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for June 7, 2020 to June 6, 2021. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Joseph Paterniti TERM: August 7, 2019 to August 6, 2020 SOURCE FOR PURCHASE: RFQ 028-2821-19/MFD ACCOUNT NUMBER: 403 and 404 Utilities CIP Accounts VENDOR(S): Johnson-Davis, Inc.; Giannetti Contracting Corp.; FL Design Drilling Corp.; Centerline Utilities, Inc. ANNUAL ESTIMATED EXPENDITURE: $500,000 DESCRIPTION: Piggyback of the current Pre-Qualification of Contractors for Utilities Construction Services contract to Johnson-Davis, Inc.; Giannetti Contracting Corp.; FL Design Drilling Corp.; and Centerline Utilities, Inc. was approved at the 8/6/19 City Commission Meeting and is for a one (1) year term that ends on August 6, 2020. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for August 7, 2020 to August 6, 2021. Page 842 of 1203 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 12, 2020 Jeffery Holst, Senior VP Florida Design Drilling Corporation 7733 Hooper Rd. West Palm Beach, FL 33411 VIA EMAIL TRANSMITTAL TO: jeff@fldrilling.com BID: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES BID No.: 028-2821-19/MFD CURRENT AGREEMENT TERM: AUGUST 7, 2019 –AUGUST 6, 2020 Dear Mr. Holst: The current agreement term for “PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES” expires August 6, 2020. The agreement documents allow for four (4) additional one (1) year extensions, and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to comas@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Skender Coma, Procurement Intern at (561) 742-6308. Sincerely, Randy Wood ., CPPB Purchasing Manager Financial Services Page 843 of 1203 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 12, 2020 BID: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES BID No.: 028-2821-19/MFD CURRENT AGREEMENT TERM: AUGUST 7, 2019 –AUGUST 6, 2020 Agreement between the City of Boynton Beach and Florida Design Drilling Corp. AGREEMENT RENEWAL TERM: AUGUST 7, 2020 – AUGUST 6, 2021 _____ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the bid for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ Florida Design Drilling Corp. ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL X Florida Design Drilling Corporation Jeffrey Holst 6/12/20 Senior Vice President 561-818-3228 jeff@fldrilling.com Page 844 of 1203 Page 845 of 1203 Page 846 of 1203 Page 847 of 1203 Page 848 of 1203 Page 849 of 1203 Page 850 of 1203 Page 851 of 1203 8.A. PUB L I C HE A RI NG 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed Or dinance No. 20-017 - Second Reading - Approve amendments to the L A ND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle I I I . Zoning Distric ts and Overlays, Sections 1.B. and 2.E., to set a consistent maximum building height for all Single-Family, and Single and Two-Family residential zoning distric ts. Proposed Or dinance No. 20-018 - Second Reading - Approve amendments to the L A ND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle I I I . Zoning Distric ts and Overlays, Section 1.B. and Sec tions 2.C and 2.E., to modify development standards for selec ted non- conforming lots. Proposed Or dinance No. 20-019 - Second Reading - Approve amendments to the L A ND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle I V. Use Regulations, Sec tion 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental. Proposed Or dinance No. 20-020 - Second Reading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle I V. Use Regulations, Sec tion 3.D. Use Matrix, to allow Professional & Tec hnical Schools in I ndustrial (I ) pods within Quantum Park. Proposed Or dinance No. 20-021 - Second Reading - Approve amendments to the L A ND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle I V. Use Regulations, Sec tion 3.D. Use Matrix, to allow Self-Servic e S torage in the C-4 zoning district. Proposed Or dinance No. 20-022 - Second Reading - Approve amendments to the L A ND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle V. Supplemental Regulations, S ec tion 3.D . Swimming Pools and Spas, amending loc ational c riteria. Proposed Or dinance No. 20-023 - Second Reading - Approve amendments to the L A ND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle V. Supplemental Regulations, to add Sec tion 3.A A, I n-ground Storm Shelters. Explanation of R equest: Proposed changes to the Land Development Regulations include: Maximum Building Height in Single and Two-Family (R-2) Residential Zoning D istrict Staff recommends c hanging the maximum allowable building height for the R-2 zoning district from 25 feet to 30 feet to achieve c onsistency with the single-family zoning districts. The maximum building height for a single family home in the single family zoning districts was inc reased from 25 feet to 30 feet in the 1990's. I t was likely an oversight that the R-2 district was excluded from this amendment. Single-family homes are allowed within the R-2 district, and its logical that single family homes and duplexes should be regulated uniformly. Swimming Pools Located W ithin Front and C orner Side Yard Setbac ks Page 852 of 1203 Staff proposes to allow pools to be constructed within the front or corner side yard for homes on corner lots, where spatial constraints would preclude construction of a pool in the requisite rear or interior side yard. Pools would have to be setbac k a minimum of 15 feet from the front or side corner property lines and sc reened with a minimum 4-foot tall opaque fence, wall or landscape buffer; no sc reen enclosures would be permitted. Automobile Rental Loc ations Staff proposes to add this use to additional commercial zoning distric ts such as the C-3 D istrict which commonly c onsists of large shopping plazas and power centers that may be able sacrifice the parking spaces needed for the rental fleet. Operational c riteria will include the requirement that the use be located on properties at major road intersec tions. Any outdoor vehic le storage on site will require Conditional Use approval. I n-ground Storm Shelters Staff proposes in-ground storm shelter regulations for residents who, rather than fortify the exterior of their residenc e or construct safe rooms within the home, prefer to utilize an in-ground storm shelter as their means of protection. W ith South Florida being prone to hurricane strikes, and the tornadoes spawned by them, this type of shelter can provide another form of protec tion. Staff dec ided to draft this code amendment following several inquiries by a property owner who is very interested in adding a shelter to his bac k y ard. Currently, the L D Rs are void of such regulations. Self-Service Storage Loc ations Staff proposes to expand the allowed locations for Self-Service Storage businesses by adding this use to C-4 General Commerc ial zoning district as a c onditional use, except on locations that front an arterial road. Currently, the use is permitted within the I ndustrial zoning distric t (M-1) and c onditionally permitted within four (4) other zoning districts. Professional & Technic al Sc hools Locations This amendment would expand the permitted locations for Professional & Tec hnical Sc hools within the P I D (Planned I ndustrial Distric t) to lots that have an I ndustrial (I ) land use option within Quantum Park. Nonconforming Lots Standards Staff's Housing W ork Group c ontinues to evaluate the C ity's regulations and proc esses for opportunities to eliminate barriers to construction of affordable and workforc e housing, and now forwards for consideration this c ode change that targets a group of non-conforming lots within some of the older neighborhoods in the City. Left as either remnants from prior lot splits, or which were subsequently left vacant due to lot regulation inc reases, leaving them c urrently unbuildable due to deficient lot size or frontage requirements. I n order to allow single-family residenc es to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, as well minimum livable area. Not only would the amendments create buildable lots, but they would allow for the c onstruction of small, and even more affordable houses. This amendment furthers the City ’s goal of increasing the inventory of attainable housing. The Planning and D evelopment Board reviewed these items at its May 26, 2020 meeting and forwards them with a recommendation of approval, exc ept for the A utomobile Rental item, for whic h denial is rec ommended, and a recommended addition to the Swimming P ool amendments. Relative to the Automobile Rental amendments, the Board expressed conc ern over a proliferation of these type of uses at key intersec tions within the City, as well as too many valuable and c onvenient parking spaces being reserved for the rental c ars. Staff believes the requirement of Conditional Use approval provides not only staff, but the Board and City Commission the ability to determine if the use is appropriate at a given property, and where on the site the vehicles may be loc ated. A dditionally, the site must have excess parking above the c ode requirement in order to even be considered for approval. For parcels with Mixed Use zoning, the rental cars must be located within a parking garage, and once again, there must be exc ess parking above the c ode requirement to even be c onsidered. Per the rec ommendation of the City Commission issued at the first reading of the ordinanc e 20-021 on J une 16, 2020, the Self Storage is proposed to be a c onditional (rather than permitted) use in the C-4 zoning Page 853 of 1203 distric t. The change is reflected in the exhibit to the subject ordinanc e. How will this affect city programs or services? No impac t on programs or servic es Fiscal Impact: No fiscal impac t Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance amending LD R Chapter 3 regarding building height Ordinanc e Ordinance amending LD R Chapter 3 regarding non-conforming lots Ordinanc e Ordinance amending LD R Chapter 3 regarding automobile rental Ordinanc e Ordinance amending LD R Chapter 3 regarding professional and technic al sc hools within Quantum Park Attachment Ordinance amending LD R Chapter 3 regarding self-storage in C-4 district Ordinanc e Ordinance amending Chapter 3 regarding loc ational criteria for swimming pools Ordinanc e Ordinance amending LD R Chapter 3 to add in- ground storm shelters Staff Report C D RV 20-002 S taff Report Exhibit E X HI B I T A. Proposed L D R Amendments Page 854 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Height) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 “ZONING”, ARTICLE III, “ZONING DISTRICTS AND 7 OVERLAYS”, SECTIONS 1.B. AND 2.E., TO SET A CONSISTENT 8 MAXIMUM BUILDING HEIGHT FOR ALL SINGLE-FAMILY, AND 9 SINGLE AND TWO-FAMILY RESIDENTIAL ZONING DISTRICTS; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 11 AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, Staff recommends changing the maximum allowable building height 15 for the R-2 zoning district from 25 feet to 30 feet to achieve consistency with the single-16 family zoning districts; and 17 WHEREAS, maximum building height for a single family home in the single 18 family zoning districts was increased from 25 feet to 30 feet in the 1990's; and 19 WHEREAS, it was an oversight that the R-2 district was excluded from this 20 amendment as single-family homes are allowed within the R-2 district, and therefore, single 21 family homes and duplexes should be regulated uniformly; and 22 WHEREAS, the City Commission of the City of Boynton Beach has considered the 23 recommendations and has determined that it is in the best interest of the citizens and residents 24 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 25 Regulations as contained herein. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. 30 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 31 “Zoning”, Article III, “Zoning Districts and Overlays”, Sections 1.B. and 2.E., to set a 32 Page 855 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Height) - Ordinance.Docx consistent maximum building height for all Single-Family, and Single and Two-Family 33 residential zoning districts are hereby amended as follows: 34 See Exhibit “A” attached hereto and made a part hereof 35 Section 3. Each and every other provision of the Land Development Regulations 36 not herein specifically amended, shall remain in full force and effect as originally adopted. 37 Section 4. All laws and ordinances applying to the City of Boynton Beach in 38 conflict with any provisions of this ordinance are hereby repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion 40 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 41 affect the remainder of this Ordinance. 42 Section 6. Authority is hereby given to codify this Ordinance. 43 Section 7. This Ordinance shall become effective immediately. 44 FIRST READING this ____ day of June, 2020. 45 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 49 Mayor – Steven B. Grant _____ _____ 50 51 Vice Mayor – Ty Penserga _____ _____ 52 53 Commissioner – Justin Katz _____ _____ 54 55 Commissioner – Woodrow L. Hay _____ _____ 56 57 Commissioner – Christina L. Romelus _____ _____ 58 59 VOTE ______ 60 61 ATTEST: 62 63 _____________________________ 64 Crystal Gibson, MMC 65 City Clerk 66 (Corporate Seal) 67 Page 856 of 1203 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS ……… Sec.1. Overview ………. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AAB R-1 AA R-1 A R-1 R-2 Duplex R-3 Multi R-4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible10 Flexible10 Flexible10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9,000 8,0008 7,500 6,000 4,500 4,00012 4,00012 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet): 1,800 1,600 1,400 1,200 750 750 650 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio (FAR) for Non-Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25 30 456 45 457 456 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexible5 Flexible5 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexible5 Flexible5 5 Corner side: 254 254 254 254 254 40 20 Flexible5 Flexible5 1011 Rear: 204 204 204 204 254 40 40 Flexible5 Flexible5 1011 Special rear yard setback reductions for 1-story building additions abutting: Maximum Percentage of Reduction: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Page 857 of 1203 RESIDENTIAL R-1 AAB R-1 AA R-1 A R-1 R-2 Duplex R-3 Multi R-4 Multi IPUD PUD MHPD Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 9 9 11 ….… Sec.2. Residential Districts ….. BUILDING/SITE REGULATIONS 4 R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 30 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. Page 858 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Non-Conforming Lots) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 “ZONING”, ARTICLE III, “ZONING DISTRICTS AND 7 OVERLAYS”, SECTIONS 1.B. AND 2.C AND 2.E., TO MODIFY 8 DEVELOPMENT STANDARDS FOR SELECTED NON-9 CONFORMING LOTS; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, older residential areas of the City have several nonconforming lots that 14 are currently unbuildable due to lot size and frontage requirements; and 15 WHEREAS, in order to allow single-family residences to be built on these lots, staff 16 proposes modified development standards including revisions to lot area, lot frontage, 17 setbacks, and minimum livable area which furthers the City’s goal of increasing the inventory 18 of attainable housing; and 19 WHEREAS, the City Commission of the City of Boynton Beach has considered the 20 recommendations and has determined that it is in the best interest of the citizens and residents 21 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 22 Regulations as contained herein. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing whereas clauses are true and correct and are now ratified 26 and confirmed by the City Commission. 27 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 28 “Zoning”, Article III, “Zoning Districts and Overlays”, Sections 1.B. and 2.C and 2.E., to 29 modify development standards for selected non-conforming lots are hereby amended as 30 follows: 31 Page 859 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Non-Conforming Lots) - Ordinance.Docx See Exhibit “A” attached hereto and made a part hereof 32 Section 3. Each and every other provision of the Land Development Regulations 33 not herein specifically amended, shall remain in full force and effect as originally adopted. 34 Section 4. All laws and ordinances applying to the City of Boynton Beach in 35 conflict with any provisions of this ordinance are hereby repealed. 36 Section 5. Should any section or provision of this Ordinance or any portion 37 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 38 affect the remainder of this Ordinance. 39 Section 6. Authority is hereby given to codify this Ordinance. 40 Section 7. This Ordinance shall become effective immediately. 41 FIRST READING this ____ day of June, 2020. 42 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Ty Penserga _____ _____ 49 50 Commissioner – Justin Katz _____ _____ 51 52 Commissioner – Woodrow L. Hay _____ _____ 53 54 Commissioner – Christina L. Romelus _____ _____ 55 56 VOTE ______ 57 58 ATTEST: 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 (Corporate Seal) 64 Page 860 of 1203 Exhibit “A” CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS ……… Sec.1. Overview ………. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AA B R-1 AA R-1 A 13 R-1 R-2 Duplex 13 R-3 Multi R-4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible 10 Flexible 10 Flexible 10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9,00 0 8,00 08 7,50 0 6,00 0 4,500 4,000 12 4,000 12 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet): 1,80 0 1,60 0 1,40 0 1,20 0 750 750 650 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio (FAR) for Non- Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25 456 45 457 456 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexible 5 Flexible 5 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexible 5 Flexible 5 5 Corner side: 254 254 254 254 254 40 20 Flexible 5 Flexible 5 1011 Rear: 204 204 204 204 254 40 40 Flexible 5 Flexible 5 1011 Special rear yard setback reductions Maximum Percentage of Reduction: Page 861 of 1203 RESIDENTIAL R-1 AA B R-1 AA R-1 A 13 R-1 R-2 Duplex 13 R-3 Multi R-4 Multi IPUD PUD MHPD for 1-story building additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/indust rial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 9 9 11 ….… 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Page 862 of 1203 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible ……………. Sec.2. Residential Districts ….. C. R-1-A Single-family Residential District. ….. 3. Building and Site Regulations (Table 3-7). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 3 R-1-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building: Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet2 Minimum living area: 1,400 s.f. Page 863 of 1203 BUILDING/SITE REGULATIONS 3 R-1-A District Maximum lot coverage: 45% Maximum structure height: 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots, the side setback adjacent to the street shall be not less than one -half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be impos ed. 3 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible …… E. R-2 Single and Two-family Residential District. … 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 4 R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Page 864 of 1203 BUILDING/SITE REGULATIONS 4 R-2 District Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible Page 865 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Automobile Rental) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, TO REVISE 8 THE LOCATIONAL CRITERIA AND REGULATIONS FOR 9 AUTOMOBILE RENTAL; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, in order to address a recognized need to provide greater flexibility in the 15 locational criteria for the siting of automobile rental businesses, and fulfill the needs of the 16 City’s growing population, staff proposes adding this use to additional zoning categories, 17 creating a series of operational criteria (including the requirement that they be located on 18 properties at major road intersections), and requiring Conditional Use approval of any outdoor 19 vehicle storage on site; and 20 WHEREAS, the City Commission of the City of Boynton Beach has considered the 21 recommendations and has determined that it is in the best interest of the citizens and residents 22 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 23 Regulations as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified 27 and confirmed by the City Commission. 28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 29 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, to revise the locational 30 criteria and regulations for Automobile Rental is hereby amended as follows: 31 Page 866 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Automobile Rental) - Ordinance.Docx See Exhibit “A” attached hereto and made a part hereof 32 Section 3. Each and every other provision of the Land Development Regulations 33 not herein specifically amended, shall remain in full force and effect as originally adopted. 34 Section 4. All laws and ordinances applying to the City of Boynton Beach in 35 conflict with any provisions of this ordinance are hereby repealed. 36 Section 5. Should any section or provision of this Ordinance or any portion 37 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 38 affect the remainder of this Ordinance. 39 Section 6. Authority is hereby given to codify this Ordinance. 40 Section 7. This Ordinance shall become effective immediately. 41 FIRST READING this ____ day of June, 2020. 42 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Ty Penserga _____ _____ 49 50 Commissioner – Justin Katz _____ _____ 51 52 Commissioner – Woodrow L. Hay _____ _____ 53 54 Commissioner – Christina L. Romelus _____ _____ 55 56 VOTE ______ 57 58 ATTEST: 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 (Corporate Seal) 64 Page 867 of 1203 Exhibit “A” CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Indust- rial Misc R-1-AAB R-1-AA R-1-A R-1 R-2 R-3 R-4 ✓ IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU-H M-1 PID PU REC COMMERCIAL Retail Sales (Cont'd) Pharmacy & Drug Store P 1 57 P 2 57 P 57 P 57 P 57 P 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 15 27 57 Restaurant P 18 58 A 58 P 2 58 P 58 P 58 P 58 P 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 58 P 27 58 A 20 58 A 20 21 58 Restaurant, Take-out P 18 P 2 8 P 2 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 59 P 28 A 20 A 20 21 Showroom warehouse (single-product line) P 10 0 P 10 0 P 10 0 P 10 0 Specialty Food Store P 18 P 2 P P P P P P P P P 2 11 P P 27 Tile and Carpet P P P P 10 17 P 17 P 17 P 17 P 17 P 22 P 24 28 COMMERCIAL Services Auto Broker P P P P P P P P Auto/Car Wash (Polishing, Waxing, Detailing) A 60 C 60 C 60 C 60 A 60 Auto/Car Wash, Self- serve Bay C C C Automobile Rental A C 61 P C 3 61 C 61 P 16 61 P 16 61 P 16 61 P 16 61 Page 868 of 1203 Automotive, Minor Repair A 62 C 62 P 3 62 C 62 P 3 62 A 62 Automotive, Major Repair P 3 13 63 Automotive Window Tinting/Stereo Installation/Alarms A 64 P 64 P 64 C 64 P 64 P 26 Bar & Nightclub C C C C C 16 C 14 16 C 14 16 C 16 C 16 C 27 Caterer P P P P P P 22 C .……………………………………………….. 60. Auto/Car Washes (Polishing, Waxing, Detailing). ………………………………………………….. 61. Automobile Rental. a. C-3 District., C-4 District, and PCD District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required if use will require on-site storage of vehicles In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center a Automobile r Rental is allowed shall be subject to the following additional conditions: (a) Location. The customer service area shall be located within the building being used for an automotive, minor repair; Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan; (b) Vehicle Storage. No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; Vehicles for rent may only be stored in marked stalls if said parking stalls are in excess of the minimum required parking spaces for the site/use(s). A maximum of 20 vehicles may be stored in these marked stalls. An additional amount, up to another 20 vehicles, may be allowed within service areas or non- circulation areas of the site, if determined by staff to be feasible an d non-detrimental to service and emergency operations, as well as general vehicular circulation. No required landscaping shall be removed to accommodate the supplemental parking area; (c) Vehicle Maintenance. No fueling or refueling servicing of automobiles shall be permitted on- site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right-of-way, or if located within a fully enclosed building; (d) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. Page 869 of 1203 b. C-4 District. Automotive, minor repair is allowed as an accessory use to autom obile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. b. MU-3 District, MU-4 District, and MU-C District., and SMU District. The indoor storage/display of fleet rental vehicles shall be required. are permitted but shall not exceed ten thousand (10,000) square feet. Conditional Use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Automobile Rental shall be subject to the following additional conditions: (a) Location. Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan, (1) (b) Access. Shall not be directly from any major roadway. (2) (c) Storage. No outside storage of materials, parts, and vehicles. equipment. (3) (d) Design. Pursuant to Chapter 4, Article III, Section 3. A.7., overhead doors shall not be visible from any major roadway frontage. (e) Vehicle Storage. All rental vehicles must be located within marked stalls and only in parking spaces in excess of the minimum required parking spaces for the site/use(s). Said spaces shall be marked for the sole use of the rental operation only. (f) Vehicle Maintenance. No fueling or servicing of automobiles shall be permitted on-site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right - of-way, or if located within a fully enclosed building. (g) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. 62. Automotive, Minor Repair. …………………………………………………………………….. Page 870 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Schools) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, TO ALLOW 8 PROFESSIONAL AND TECHNICAL SCHOOLS IN 9 INDUSTRIAL (I) PODS WITHIN QUANTUM PARK; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, this amendment would expand the permitted locations for Professional 15 and Technical Schools within the PID (Planned Industrial District) to lots that have an 16 Industrial (I) land use option within Quantum Park; and 17 WHEREAS, the City Commission of the City of Boynton Beach has considered the 18 recommendations and has determined that it is in the best interest of the citizens and residents 19 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 20 Regulations as contained herein. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 26 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, to allow professional and 27 technical schools in Industrial (I) pods within Quantum Park is hereby amended as follows: 28 See Exhibit “A” attached hereto and made a part hereof 29 Section 3. Each and every other provision of the Land Development Regulations 30 not herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section 4. All laws and ordinances applying to the City of Boynton Beach in 32 Page 871 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Schools) - Ordinance.Docx conflict with any provisions of this ordinance are hereby repealed. 33 Section 5. Should any section or provision of this Ordinance or any portion 34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 35 affect the remainder of this Ordinance. 36 Section 6. Authority is hereby given to codify this Ordinance. 37 Section 7. This Ordinance shall become effective immediately. 38 FIRST READING this ____ day of June, 2020. 39 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor – Steven B. Grant _____ _____ 44 45 Vice Mayor – Ty Penserga _____ _____ 46 47 Commissioner – Justin Katz _____ _____ 48 49 Commissioner – Woodrow L. Hay _____ _____ 50 51 Commissioner – Christina L. Romelus _____ _____ 52 53 VOTE ______ 54 55 ATTEST: 56 57 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 Page 872 of 1203 Exhibit “A” CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations. ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Industrial Misc R - 1 - A A B R - 1 - A A R - 1- A R -1 R -2 R -3 R- 4 IPUD PU D MH P C -1 C -2 C -3 C -4 CB D PCD SM U MU -1 MU -2 MU -3 MU -4 MU -C M -1 PI D P U REC EDUCATIONAL College, Seminary, University P P C C P 15 P 15 P 15 P Day Care C 3 3 8 7 C 3 3 8 7 C 3 3 8 7 C 33 87 C 87 C 87 P 8 87 C C C C C C 87 P 11 P 11 14 P 11 14 P 11 14 P 11 P 11 P 22 School, Industrial & Trade C P 22 P 26 School, Primary and Secondary C 3 3 C 3 3 C 3 3 C 33 C C P P 25 P School, Professional & Technical P 18 P P 18 P P P P P 15 P 15 P 15 P 15 P 15 P 24 26 27 31 Tutoring and Testing Centers P P P P C P P 11 P 11 P 11 P 11 C 11 C 11 P 22 P 24 27 31 Page 873 of 1203 …. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. … 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I) land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option f ronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. … 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office (O) land use option. No drive-through facility shall be allowed in connection with this use. …. Page 874 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment 2nd Read (Ch 3 CDRV 20-002)(Self-Storage) - Ordinance..Docx 1 ORDINANCE NO. 20-021 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, TO ALLOW 8 SELF-SERVICE STORAGE IN THE C-4 ZONING DISTRICT; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, due to the increased demand for this use fueled by the City’s growing 14 population, staff proposes to expand the permitted locations of Self-Service Storage locations 15 by adding this use to an additional zoning category; and 16 WHEREAS, currently, the use is permitted within the Industrial zoning district (M-17 1) and conditionally permitted within four (4) other zoning districts; and 18 WHEREAS, this amendment allows permits Self-Service Storage within the City’s 19 C-4 General Commercial zoning district as a conditional use, except on locations that front an 20 arterial road; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and residents 23 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 24 Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 30 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, to allow self-service storage 31 Page 875 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment 2nd Read (Ch 3 CDRV 20-002)(Self-Storage) - Ordinance..Docx as a conditional use in the C-4 zoning district is hereby amended as follows: 32 See Exhibit “A” attached hereto and made a part hereof 33 Section 3. Each and every other provision of the Land Development Regulations 34 not herein specifically amended, shall remain in full force and effect as originally adopted. 35 Section 4. All laws and ordinances applying to the City of Boynton Beach in 36 conflict with any provisions of this ordinance are hereby repealed. 37 Section 5. Should any section or provision of this Ordinance or any portion 38 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 39 affect the remainder of this Ordinance. 40 Section 6. Authority is hereby given to codify this Ordinance. 41 Section 7. This Ordinance shall become effective immediately. 42 FIRST READING this 16th day of June, 2020. 43 SECOND, FINAL READING AND PASSAGE this ______ day of July, 2020. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor – Steven B. Grant _____ _____ 48 49 Vice Mayor – Ty Penserga _____ _____ 50 51 Commissioner – Justin Katz _____ _____ 52 53 Commissioner – Woodrow L. Hay _____ _____ 54 55 Commissioner – Christina L. Romelus _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 61 _____________________________ 62 Crystal Gibson, MMC 63 City Clerk 64 65 (Corporate Seal) 66 Page 876 of 1203 CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS …. Sec. 3. Use Regulations. ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditiona l A = Accessory Residential Commercial Mixed-Use Industrial Misc R- 1- AA B R- 1- A A R-1- A R- 1 R-2 R-3 R-4 IPUD √ PU D MH P C -1 C -2 C -3 C- 4 C B D PC D SM U M U-1 M U-2 M U- 3 MU- 4 MU -C M-1 PI D P U REC Storage, Self- Service C 90 C 5 11 90 C 5 11 90 C 5 11 90 C 5 11 90 P 90 5. General Note. This use shall be prohibited on the first floor, or not visible from rights-of-ways. … 90. Storage, Self-Service. … e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on- center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non-industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty-five (25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. f. C-4 District (1) Use is not permitted on an arterial road. Page 877 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE V, 7 “SUPPLEMENTAL REGULATIONS,” SECTION 3.D. 8 SWIMMING POOLS AND SPAS, TO AMEND LOCATIONAL 9 CRITERIA; PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, to provide flexibility for homeowners on corner lots, where building 14 orientation of the house or other site improvements preclude the ability to construct a pool in 15 the requisite rear or interior side yard, staff recommends a minimal code amendment to allow 16 pools to be constructed within the front or corner side yard; and 17 WHEREAS, currently an administrative adjustment may be granted to allow a house 18 to be expanded to within 20 feet of the front or corner side yard property lines; and 19 WHEREAS, as other improvements have been construed to be non-impactful within 20 the required setbacks, staff’s proposal would allow in-ground swimming pools to be no closer 21 than 15 feet from the front or side corner property lines; and 22 WHEREAS, the pool would need to be visually screened with a minimum 4-foot tall 23 opaque fence, wall or landscape buffer, which are currently allowed in any front or side yard 24 setback; and 25 WHEREAS, the City Commission of the City of Boynton Beach has considered the 26 recommendations and has determined that it is in the best interest of the citizens and residents 27 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 28 Regulations as contained herein. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing whereas clauses are true and correct and are now ratified 32 Page 878 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx and confirmed by the City Commission. 33 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 34 “Zoning”, Article V, Supplemental Regulations, Section 3.D. Swimming Pools, to amend 35 locational criteria is hereby amended as follows: 36 Sec.1. General 37 ………… 38 Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site 39 Amenities, Excluding Walls and Fences. 40 ………… 41 D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site 42 plan for a planned development, in-ground and above-ground swimming pools and spas 43 (less than thirty-six (36) inches in height) shall be setback at least eight (8) feet from rear 44 and side interior property lines; however, such required setbacks may be reduced to two 45 (2) feet in instances where the rear or side interior yard, whichever is applicable, abuts a 46 body of water, golf-course, an improved road, railroad, or highway right-of-way, or a 47 non-residential property. The required setback may be further reduced in such 48 situations, but only upon the determination of the Director of Planning and Zoning when 49 determined necessary to 1) comply with all applicable rules and regulations; 2) be of 50 minimum scale that will make possible the reasonable use of land; and 3) have no 51 impact to abutting properties. 52 For clarification, the provision to reduce setbacks shall only be available within the 53 yard(s) along property lines abutting the qualifying undevelopable or non-residential 54 lands. Above-ground swimming pools and spas greater than thirty-six (36) inches in 55 height shall be setback ten (10) feet from rear and side interior property lines. In all 56 instances, swimming pools and spas shall not be allowed within the required front or 57 corner side yards, including forward of the front or side corner building lines. 58 Swimming pools and spas shall be restricted to rear and interior side yards, except in 59 circumstances as noted below on corner lots. 60 To provide flexibility on corner lots while also preserving the intended appearance of 61 the streetscape, an in-ground pool or spa shall be allowed in the front and corner side 62 yards, with a minimum setback of fifteen (15) feet from the property line abutting the 63 right-of-way, when the orientation of the house and site improvements preclude the 64 siting of an in-ground pool and/or spa within the rear or interior side yards. The 65 swimming pool must be screened with an opaque fence, wall, or dense landscaping 66 installed at a minimum of four (4) feet in height (note that other regulations may be 67 applicable for fence heights and setbacks within the Supplemental Regulations section 68 of the Land Development Regulations). No appurtenance associated with the pool may 69 extend above the height of the visual screening installed (i.e. screen enclosure, shade 70 structure/tiki hut, or other similar equipment/structure), unless elsewhere permitted in 71 the Land Development Regulations. 72 Page 879 of 1203 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx 1. Private Pump Housing and Equipment. Private pump housing and equipment for 73 swimming pools (and spas) shall be setback at least three (3) feet from the rear and 74 interior side property lines and adequately screened where visible from abutting rights-75 of-way or properties zoned for single-family residential dwellings. Private pump houses 76 and equipment shall not be allowed within the required front or corner side yards, 77 including forward of the front or corner side building lines, unless approved for an 78 administrative adjustment if it is determined that no other on-site location is available or 79 feasible. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the 80 administrative adjustment process. 81 2. Miscellaneous. See the Florida Building Code for additional regulations regarding 82 barrier requirements around a swimming pool. 83 … 84 Section 3. Each and every other provision of the Land Development Regulations 85 not herein specifically amended, shall remain in full force and effect as originally adopted. 86 Section 4. All laws and ordinances applying to the City of Boynton Beach in 87 conflict with any provisions of this ordinance are hereby repealed. 88 Section 5. Should any section or provision of this Ordinance or any portion 89 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 90 affect the remainder of this Ordinance. 91 Section 6. Authority is hereby given to codify this Ordinance. 92 Section 7. This Ordinance shall become effective immediately. 93 FIRST READING this ____ day of June, 2020. 94 95 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 96 97 Page 880 of 1203 4 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 98 CITY OF BOYNTON BEACH, FLORIDA 99 YES NO 100 101 Mayor – Steven B. Grant _____ _____ 102 103 Vice Mayor – Ty Penserga _____ _____ 104 105 Commissioner – Justin Katz _____ _____ 106 107 Commissioner – Woodrow L. Hay _____ _____ 108 109 Commissioner – Christina L. Romelus _____ _____ 110 111 VOTE ______ 112 113 ATTEST: 114 115 116 _____________________________ 117 Crystal Gibson, MMC 118 City Clerk 119 120 121 (Corporate Seal) 122 Page 881 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE V, 7 “SUPPLEMENTAL REGULATIONS,” TO ADD SECTION 3.AA, 8 IN-GROUND STORM SHELTERS; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, Staff has been requested to explore regulations for in-ground storm 14 shelters and have found that while some residents choose to fortify the exterior of their 15 residence, and some have constructed safe rooms within the home, a contingent of residents 16 throughout the country, especially in the mid and southwest prefer to utilize an in-ground 17 storm shelter as their means of protection during a storm; and 18 WHEREAS, with South Florida being prone to hurricane strikes, and the tornadoes 19 spawned by them and other tropical systems, this type of shelter can provide another form of 20 protection; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and residents 23 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 24 Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 30 “Zoning”, Article V, Supplemental Regulations, to add Section 3.AA, In-ground Storm 31 Shelters is hereby amended as follows: 32 Page 882 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx CHAPTER 3. ZONING 33 ARTICLE V. SUPPLEMENTAL REGULATIONS 34 … 35 Z. Electric Vehicle (EV) Charging Station. 36 1. Permits Required. The installation of an EV charging station shall comply with all 37 applicable regulations and permitting requirements required by life-safety/building codes 38 and these land development regulations. 39 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, 40 but only in connection with a lawful principal use. In addition, the following restrictions 41 shall apply: 42 a. In residential zoning districts, EV charging stations shall not be available for public 43 usage, except for where used in connection with a non-residential use; 44 b. All EV charging stations shall be located within a conforming parking space or 45 upon an on-site area that is specifically designed and designated for EV charging. For 46 nonresidential uses, any parking stall with EV charging is allowed to be used in the 47 computation for meeting the minimum number of required off-street parking spaces. The 48 preferred location shall be such that a single EV charging station could service two (2) 49 parking stalls. 50 c. The provision for an EV charging station may vary based on the design and use of 51 the primary parking lot; however in all instances, the proposed location must ensure the safe 52 and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its 53 associated equipment and power cords, shall not traverse sidewalks, accessible routes, or 54 other pedestrian areas. Likewise, the placement of each EV charging station shall not 55 conflict with landscaping to the extent that the purpose and intent of the landscape code is 56 no longer met. 57 d. No EV charging station shall be installed within a designated handicap space 58 unless it is specifically designed and intended for handicap use only; 59 e. Level 3 EV charging stations shall be prohibited in all residential zoning districts 60 or in connection with any residential use; and 61 f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-62 way, but only contingent upon the granting of all necessary approvals and/or agreements 63 with the City Commission and all applicable agencies. 64 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is 65 allowed in connection with EV charging stations. 66 4. Maintenance. EV charging station equipment shall be maintained in all respects, 67 including the proper functioning of the charging equipment. A current phone number and 68 other contact information shall be provided on the charging station equipment for the party 69 responsible for maintenance and operation of the equipment. 70 5. Safety. Information on the EV charging station must identify voltage and amperage 71 levels and time of use, fees, or safety information. When the EV charging station space is 72 Page 883 of 1203 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx perpendicular or at an angle to curb face and charging station equipment, adequate 73 equipment protection such as wheel stops or bollards shall be used. 74 6. Data to be Available. To allow for maintenance and notification, owners of any new 75 public EV charging station shall provide information on the station's geographic location, 76 date of installation, equipment type and model, and owner contact information. This 77 information shall be submitted to the Director of Public Works. 78 7. Restrictions. The property owner of a public EV charging station shall have the 79 authority to place restrictions on the number of hours that an EV is allowed to charge, in 80 order to deter indefinite charging/parking. 81 AA. In-ground Storm Shelter. 82 1. Allowable Location(s). In-ground shelters shall be allowed in all residential zoning 83 districts, but only in conjunction with a lawful principal use. In addition, the following 84 restrictions shall apply: 85 86 a. The shelter may only be allowed in the side interior yard under the following 87 conditions: 88 89 (1) The shelter may not be placed in any easements. 90 91 (2) No more than three (3) feet of the structure extends above ground; 92 93 (3) Any portion of the structure above ground must be setback a minimum of 94 three (3) feet from the side property line, and may not extend forward of the 95 front building line. 96 97 b. The shelter may be located in the rear yard under the following conditions: 98 99 (1) The shelter may not be placed in any easements. 100 101 (2) The structure may not exceed the height of the principal structure within 102 fifteen (15) feet of the rear property line. 103 104 (3) Between fifteen (15) feet and five (5) feet of the rear property line, the 105 structure may not exceed a height of five (5) feet. 106 107 (4) A minimum five (5) foot rear setback is required. 108 109 (5) The portion of the shelter located above ground shall be calculated in the 110 maximum allowable lot coverage. 111 112 AA. BB Miscellaneous. 113 1. Amusement Rides. Miscellaneous structures, such as coin-operated rides and other 114 amusement devices, shall only be allowed within the principal structure, excluding those 115 used in conjunction with an arts, entertainment, and recreational establishment. 116 Page 884 of 1203 4 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx 2. Donation Bins. See Chapter 4, Article III, Section 3.F.3. for additional standards 117 regarding donation bins. 118 3. Helicopter Pads (aka Helistops). See City Code of Ordinances Part II, Chapter 15, 119 Article V for regulations regarding aircraft landing facilities. 120 4. Animal Enclosures. See City Code of Ordinances Part II, Chapter 4 for the 121 regulations regarding animal enclosures (dog houses). 122 5. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for 123 regulations regarding newsracks. 124 6. Other Structures and Amenities. All other amenities and structures that are similar, 125 but not specifically mentioned in the above, shall require applications to the Director of 126 Development. 127 128 Section 3. Each and every other provision of the Land Development Regulations 129 not herein specifically amended, shall remain in full force and effect as originally adopted. 130 Section 4. All laws and ordinances applying to the City of Boynton Beach in 131 conflict with any provisions of this ordinance are hereby repealed. 132 Section 5. Should any section or provision of this Ordinance or any portion 133 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 134 affect the remainder of this Ordinance. 135 Section 6. Authority is hereby given to codify this Ordinance. 136 Section 7. This Ordinance shall become effective immediately. 137 FIRST READING this ____ day of June, 2020. 138 139 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK} 140 141 Page 885 of 1203 5 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 142 CITY OF BOYNTON BEACH, FLORIDA 143 YES NO 144 145 Mayor – Steven B. Grant _____ _____ 146 147 Vice Mayor – Ty Penserga _____ _____ 148 149 Commissioner – Justin Katz _____ _____ 150 151 Commissioner – Woodrow L. Hay _____ _____ 152 153 Commissioner – Christina L. Romelus _____ _____ 154 155 VOTE ______ 156 157 ATTEST: 158 159 160 _____________________________ 161 Crystal Gibson, MMC 162 City Clerk 163 164 165 (Corporate Seal) 166 Page 886 of 1203 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 20-007 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: DATE: Ed Breese Planning and Zoning Administrator May 12, 2020 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning: (1) Article III. Zoning Districts and Overlays, Section 1.B. and Sections 2.C and 2.E., to set maximum building height consistent with Single-Family regulations and to modify development standards for selected non-conforming lots; and (2) Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental and to allow Professional & Technical Schools in Industrial (I) pods within Quantum Park, and to allow Self-Service Storage in the C-4 zoning district; and (3) Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria, and to add Section 3.AA, In-ground Storm Shelters. PROPOSED CHANGES • Maximum Building Height in Single and Two-Family (R-2) Residential Zoning District: A discrepancy was noted within the maximum allowable building heights within residential zoning districts, in which all of the Single-Family districts allow a maximum height of 30 feet, while the Single and Two-Family (R-2) zoning district only allows a maximum height of 25. This inconsistency was a result of an oversight when the maximum allowable building height in Single- Family districts was increased from 25 feet to 30 feet in the 1990s, and the Single and Two-Family (R-2) zoning district was overlooked. For consistency purposes in like zoning districts, staff views this amendment as a housekeeping matter, designed to permit a maximum building height of 30 feet across the single-family and duplex zoning districts. • Swimming Pools Located Within Front and Corner Side Yard Setbacks: In an effort to provide flexibility for homeowners on corner lots, where building orientation of the house or other site improvements preclude the ability to construct a pool in the requisite rear or interior side yard, staff recommends a minimal code amendment to allow pools to be constructed Page 887 of 1203 Automobile Rental, Self-Storage and Non-Conforming Lots (CDRV 20-002) Memo PZ No. 20-007 - 2 - within the front or corner side yard. To bolster the rationale for the proposed amendment to allow encroachments into these yards, currently an administrative adjustment may be granted to allow a house to be expanded to within 20 feet of the front or corner side yard property lines. Further, in 2018, the code was amended to allow covered front porches to encroach into the front setback by up to 10 feet, permitting a minimum setback of 15 feet from the front property line. As these other improvements have been construed to be non-impactful within the required setbacks, staff’s proposal would allow in-ground swimming pools to be no closer than 15 feet from the front or side corner property lines. The pool would need to be visually screened with a minimum 4-foot tall opaque fence, wall or landscape buffer, which are currently allowed in any front or side yard setback. Screen enclosures and the like would not be permitted in these areas, to minimize the visual impact on the neighbors. • Automobile Rental Locations: To address a recognized need to provide greater flexibility in the locational criteria for the siting of automobile rental businesses, and fulfill the needs of the City’s growing population, staff proposes adding this use to additional zoning categories, creating a series of operational criteria (including the requirement that they be located on properties at major road intersections), and requiring Conditional Use approval of any outdoor vehicle storage on site. • In-ground Storm Shelters: Staff has been requested to explore regulations for in-ground storm shelters. While some residents choose to fortify the exterior of their residence, and some have constructed safe rooms within the home, a contingent of residents throughout the country, especially in the mid and southwest prefer to utilize an in-ground storm shelter as their means of protection during a storm. With South Florida being prone to hurricane strikes, and the tornadoes spawned by them and other tropical systems, this type of shelter can provide another form of protection. Though not typical in Florida due to the high water table, those who reside on higher ground could take advantage of these proposed regulations. • Self-Service Storages Locations: In recognition of the increased demand for this use fueled by the City’s growing population, staff proposes to expand the permitted locations of Self-Service Storage locations by adding this use to an additional zoning category. Currently, the use is permitted within the Industrial zoning district (M-1) and conditionally permitted within four (4) other zoning districts. This amendment permits Self-Service Storage within the City’s C-4 General Commercial zoning district, except on locations that front an arterial road. • Professional & Technical Schools Locations: This amendment would expand the permitted locations for Professional & Technical Schools within the PID (Planned Industrial District) to lots that have an Industrial (I) land use option within Quantum Park. • Nonconforming Lots Standards: Page 888 of 1203 Automobile Rental, Self-Storage and Non-Conforming Lots (CDRV 20-002) Memo PZ No. 20-007 - 3 - Older residential areas of the City have several nonconforming lots that are currently unbuildable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, and minimum livable area. This amendment furthers the City’s goal of increasing the inventory of attainable housing. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue revising LDRs to support quality redevelopment and economic growth in the CRA and citywide. Page 889 of 1203 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS ……… Sec.1. Overview ………. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AAB R-1 AA R-1 A 13 R-1 R-2 Duplex13 R-3 Multi R-4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible10 Flexible10 Flexible10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9,000 8,0008 7,500 6,000 4,500 4,00012 4,00012 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet): 1,800 1,600 1,400 1,200 750 750 650 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio (FAR) for Non-Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25 30 456 45 457 456 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexible5 Flexible5 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexible5 Flexible5 5 Corner side: 254 254 254 254 254 40 20 Flexible5 Flexible5 1011 Rear: 204 204 204 204 254 40 40 Flexible5 Flexible5 1011 Special rear yard setback reductions for 1-story building additions abutting: Maximum Percentage of Reduction: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A 1 Page 890 of 1203 RESIDENTIAL R-1 AAB R-1 AA R-1 A 13 R-1 R-2 Duplex13 R-3 Multi R-4 Multi IPUD PUD MHPD Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 9 9 11 ….… 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single - family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible 2 Page 891 of 1203 Sec.2. Residential Districts ….. C. R-1-A Single-family Residential District. ….. 3. Building and Site Regulations (Table 3-7). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 3 R-1-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building: Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet2 Minimum living area: 1,400 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots, the side setback adjacent to the street shall be not less than one -half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 3 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a sing le-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A 3 Page 892 of 1203 Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible …… E. R-2 Single and Two-family Residential District. … 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 4 R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 30 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for f ront yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a single -family residence: 4 Page 893 of 1203 Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible 5 Page 894 of 1203 ARTICLE IV. USE REGULATIONS …. Sec. 3. Use Regulations. ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Industrial Misc R - 1 - A A B R - 1 - A A R - 1- A R -1 R -2 R -3 R- 4 IPUD PU D MH P C -1 C -2 C -3 C -4 CB D PCD SM U MU -1 MU -2 MU -3 MU -4 MU -C M -1 PI D P U REC EDUCATIONAL College, Seminary, University P P C C P 15 P 15 P 15 P Day Care C 3 3 8 7 C 3 3 8 7 C 3 3 8 7 C 33 87 C 87 C 87 P 8 87 C C C C C C 87 P 11 P 11 14 P 11 14 P 11 14 P 11 P 11 P 22 School, Industrial & Trade C P 22 P 26 School, Primary and Secondary C 3 3 C 3 3 C 3 3 C 33 C C P P 25 P School, Professional & Technical P 18 P P 18 P P P P P 15 P 15 P 15 P 15 P 15 P 24 26 27 31 Tutoring and Testing Centers P P P P C P P 11 P 11 P 11 P 11 C 11 C 11 P 22 P 24 27 31 6 Page 895 of 1203 …. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. … 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot th at has an Industrial (I) land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option f ronting on an arterial roadway or on a MU lot with a development order t hat is not solely for residential development. … 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office (O) land use option. No drive-through facility shall be allowed in connection with this use. …. D. Use Matrix (Table 3-28). P = Permitted C = Conditiona l A = Accessory Residential Commercial Mixed-Use Industrial Misc R- 1- AA B R- 1- A A R-1- A R- 1 R-2 R-3 R-4 IPUD √ PU D MH P C -1 C -2 C -3 C- 4 C B D PC D SM U M U-1 M U-2 M U- 3 MU- 4 MU -C M-1 PI D P U REC Storage, Self- Service P 90 C 5 11 90 C 5 11 90 C 5 11 90 C 5 11 90 P 90 5. General Note. This use shall be prohibited on the first floor, or not visible from rights-of-ways. … 90. Storage, Self-Service. … e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on- center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by privat e individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights -of-way and non-industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty-five (25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. f. C-4 District (1) Use is not permitted on an arterial road. 7 Page 896 of 1203 ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Indust- rial Misc R-1-AAB R-1-AA R-1-A R-1 R-2 R-3 R-4 ✓ IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU-H M-1 PID PU REC COMMERCIAL Retail Sales (Cont'd) Pharmacy & Drug Store P 1 57 P 2 57 P 57 P 57 P 57 P 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 15 27 57 Restaurant P 18 58 A 58 P 2 58 P 58 P 58 P 58 P 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 58 P 27 58 A 20 58 A 20 21 58 Restaurant, Take-out P 18 P 2 8 P 2 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 59 P 28 A 20 A 20 21 Showroom warehouse (single-product line) P 10 0 P 10 0 P 10 0 P 10 0 Specialty Food Store P 18 P 2 P P P P P P P P P 2 11 P P 27 Tile and Carpet P P P P 10 17 P 17 P 17 P 17 P 17 P 22 P 24 28 COMMERCIAL Services Auto Broker P P P P P P P P Auto/Car Wash (Polishing, Waxing, Detailing) A 60 C 60 C 60 C 60 A 60 Auto/Car Wash, Self- serve Bay C C C Automobile Rental A C 61 P C 3 61 C 61 P 16 61 P 16 61 P 16 61 P 16 61 Automotive, Minor Repair A 62 C 62 P 3 62 C 62 P 3 62 A 62 Automotive, Major Repair P 3 13 63 Automotive Window Tinting/Stereo Installation/Alarms A 64 P 64 P 64 C 64 P 64 P 26 Bar & Nightclub C C C C C 16 C 14 16 C 14 16 C 16 C 16 C 27 Caterer P P P P P P 22 C 2018 S-51 Repl. 8 Page 897 of 1203 ………………………………………………….. 60. Auto/Car Washes (Polishing, Waxing, Detailing). ………………………………………………….. 61. Automobile Rental. a. C-3 District., C-4 District, and PCD District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required if use will require on-site storage of vehicles In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center a Automobile r Rental is allowed shall be subject to the following additional conditions: (a) Location. The customer service area shall be located within the building being used for an automotive, minor repair; Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan; (b) Vehicle Storage. No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; Vehicles for rent may only be stored in marked stalls if said parking stalls are in excess of the minimum required parking spaces for the site/use(s). A maximum of 20 vehicles may be stored in these marked stalls. An additional amount, up to another 20 vehicles, may be allowed within service areas or non- circulation areas of the site, if determined by staff to be feasible and non-detrimental to service and emergency operations, as well as general vehicular circulation. No required landscaping shall be removed to accommodate the supplemental parking area; (c) Vehicle Maintenance. No fueling or refueling servicing of automobiles shall be permitted on- site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right-of-way, or if located within a fully enclosed building; (d) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. b. MU-3 District, MU-4 District, and MU-C District., and SMU District. The indoor storage/display of fleet rental vehicles shall be required. are permitted but shall not exceed ten thousand (10,000) square feet. Conditional Use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Automobile Rental shall be subject to the following additional conditions: 9 Page 898 of 1203 (a) Location. Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan, (1) (b) Access. Shall not be directly from any major roadway. (2) (c) Storage. No outside storage of materials, parts, and vehicles. equipment. (3) (d) Design. Pursuant to Chapter 4, Article III, Section 3. A.7., overhead doors shall not be visible from any major roadway frontage. (e) Vehicle Storage. All rental vehicles must be located within marked stalls and only in parking spaces in excess of the minimum required parking spaces for the site/use(s). Said spaces shall be marked for the sole use of the rental operation only. (f) Vehicle Maintenance. No fueling or servicing of automobiles shall be permitted on-site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right - of-way, or if located within a fully enclosed building. (g) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. 62. Automotive, Minor Repair. …………………………………………………………………….. 10 Page 899 of 1203 ARTICLE V. SUPPLEMENTAL REGULATIONS Sec.1. General ………… Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. ………… D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site plan for a planned development, in-ground and above-ground swimming pools and spas (less than thirty- six (36) inches in height) shall be setback at least eight (8) feet from rear and side interior property lines; however, such required setbacks may be reduced to two (2) feet in instances where the rear or side interior yard, whichever is applicable, abuts a body of water, golf-course, an improved road, railroad, or highway right-of-way, or a non-residential property. The required setback may be further reduced in such situations, but only upon the determination of the Director of Planning and Zoning when determined necessary to 1) comply with all applicable rules and regulations; 2) be of minimum scale that will make possible the reasonable use of land; and 3) have no impact to abutting properties. For clarification, the provision to reduce setbacks shall only be available within the yard(s) along property lines abutting the qualifying undevelopable or non-residential lands. Above- ground swimming pools and spas greater than thirty-six (36) inches in height shall be setback ten (10) feet from rear and side interior property lines. In all instances, swimming pools and spas shall not be allowed within the required front or corner side yards, including forward of the front or side corner building lines. Swimming pools and spas shall be restricted to rear and interior side yards, except in circumstances as noted below on corner lots. To provide flexibility on corner lots while also preserving the intended appearance of the streetscape, an in-ground pool or spa shall be allowed in the front and corner side yards, with a minimum setback of fifteen (15) feet from the property line abutting the right-of-way, when the orientation of the house and site improvements preclude the siting of an in-ground pool and/or spa within the rear or interior side yards. The swimming pool must be screened with an opaque fence, wall, or dense landscaping installed at a minimum of four (4) feet in height (note that other regulations may be applicable for fence heights and setbacks within the Supplemental Regulations section of the Land Development Regulations). No appurtenance associated with the pool may extend above the height of the visual screening installed (i.e. screen enclosure, shade structure/tiki hut, or other similar equipment/structure), unless elsewhere permitted in the Land Development Regulations. 1. Private Pump Housing and Equipment. Private pump housing and equipment for swimming pools (and spas) shall be setback at least three (3) feet from the rear and interior side property lines and adequately screened where visible from abutting rights-of-way or properties zoned for single-family residential dwellings. Private pump houses and equipment shall not be 11 Page 900 of 1203 allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process. 2. Miscellaneous. See the Florida Building Code for additional regulations regarding barrier requirements around a swimming pool. ………………………………………………………………….. 12 Page 901 of 1203 Z. Electric Vehicle (EV) Charging Station. 1. Permits Required. The installation of an EV charging station shall comply with all applicable regulations and permitting requirements required by life-safety/building codes and these land development regulations. 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, but only in connection with a lawful principal use. In addition, the following restrictions shall apply: a. In residential zoning districts, EV charging stations shall not be available for public usage, except for where used in connection with a non-residential use; b. All EV charging stations shall be located within a conforming parking space or upon an on-site area that is specifically designed and designated for EV charging. For nonresidential uses, any parking stall with EV charging is allowed to be used in the computation for meeting the minimum number of required off-street parking spaces. The preferred location shall be such that a single EV charging station could service two (2) parking stalls. c. The provision for an EV charging station may vary based on the design and use of the primary parking lot; however in all instances, the proposed location must ensure the safe and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its associated equipment and power cords, shall not traverse sidewalks, accessible routes, or other pedestrian areas. Likewise, the placement of each EV charging station shall not conflict with landscaping to the extent that the purpose and intent of the landscape code is no longer met. d. No EV charging station shall be installed within a designated handicap space unless it is specificall y designed and intended for handicap use only; e. Level 3 EV charging stations shall be prohibited in all residential zoning districts or in connection with any residential use; and f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-way, but only contingent upon the granting of all necessary approvals and/or agreements with the City Commission and all applicable agencies. 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is allowed in connection with EV charging stations. 4. Maintenance. EV charging station equipment shall be maintained in all respects, including the proper functioning of the charging equipment. A current phone number and other contact information shall be provided on the charging station equipment for the party responsible for maintenance and operation of the equipment. 5. Safety. Information on the EV charging station must identify voltage and amperage levels and time of use, fees, or safety information. When the EV charging station space is perpendicular or at an angle to curb face and charging station equipment, adequate equipment protection such as wheel stops or bollards shall be used. 13 Page 902 of 1203 6. Data to be Available. To allow for maintenance and notification, owners of any new public EV charging station shall provide information on the station's geographic location, date of installation, equipment type and model, and owner contact information. This information shall be submitted to the Director of Public Works. 7. Restrictions. The property owner of a public EV charging station shall have the authority to place restrictions on the number of hours that an EV is allowed to charge, in order to deter indefinite charging/parking. AA. In-ground Storm Shelter. 1. Allowable Location(s). In-ground shelters shall be allowed in all residential zoning districts, but only in conjunction with a lawful principal use. In addition, the following restrictions shall apply: a. The shelter may only be allowed in the side interior yard under the following conditions: (1) The shelter may not be placed in any easements. (2) No more than three (3) feet of the structure extends above ground; (3) Any portion of the structure above ground must be setback a minimum of three (3) feet from the side property line, and may not extend forward of the front building line. b. The shelter may be located in the rear yard under the following conditions: (1) The shelter may not be placed in any easements. (2) The structure may not exceed the height of the principal structure within fifteen (15) feet of the rear property line. (3) Between fifteen (15) feet and five (5) feet of the rear property line, the structure may not exceed a height of five (5) feet. (4) A minimum five (5) foot rear setback is required. (5) The portion of the shelter located above ground shall be calculated in the maximum allowable lot coverage. 14 Page 903 of 1203 AA. BB Miscellaneous. 1. Amusement Rides. Miscellaneous structures, such as coin-operated rides and other amusement devices, shall only be allowed within the principal structure, excluding those used in conjunction with an arts, entertainment, and recreational establishment. 2. Donation Bins. See Chapter 4, Article III, Section 3.F.3. for additional standards regarding donation bins. 3. Helicopter Pads (aka Helistops). See City Code of Ordinances Part II, Chapter 15, Article V for regulations regarding aircraft landing facilities. 4. Animal Enclosures. See City Code of Ordinances Part II, Chapter 4 for the regulations regarding animal enclosures (dog houses). 5. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for regulations regarding newsracks. 6. Other Structures and Amenities. All other amenities and structures that are similar, but not specifically mentioned in the above, shall require applications to the Director of Development. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-002, passed 3-6-12; Am. Ord. 12-016, passed 10-2- 12; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 16-014, passed 7-5-16; Am. Ord. 17-038, passed 1-2-18; Am. Ord. 19-007, passed 2-5-19) 15 Page 904 of 1203 8.B. PUB L I C HE A RI NG 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed Ordinance No. 20-024 - Second Reading - Approve amending City Code of Ordinanc es Section 16-60, Artic le 2, Establishing hours of use at Harvey E. Oyer, J r. Park to provide Community Standards with the ability to enforce parking regulations. Explanation of R equest: Storage of any kind, inc luding the storage of vessels, vehic les and trailers is not permitted at Harvey Oy er, J r. Park. Revising the Ordinanc e will clarify what action will be taken by the City in the event that someone uses the Park for storage. Additionally, the revision spec ifies what a dec al holder who is actively involved in fishing or boating must do if they wish to leave their trailer and/or vehic le overnight. How will this affect city programs or services? Creates a more effective process to deal with a vehicle and/or trailer that is stored at Oyer Park. Fiscal Impact: Non-budgeted N/A Alternatives: D o not approve the revision to the Ordinanc e. Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance Amending Sec tion 16-60 of the C ode of Ordinances Page 905 of 1203 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 1 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 5 SIXTEEN, “CITY PARKS AND RECREATION”, ARTICLE TWO, 6 “CITY PARKS AND BEACHES”, SECTION 16-60, “ESTABLISHING 7 HOURS OF USE AT HARVEY E. OYER JR. PARK”; TO ELIMINATE 8 CONFUSION AND ENSURE CLARITY; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission desires to revise Chapter 16, Article 2, Section 16-13 60, “Establishing hours of use at Harvey E. Oyer Jr. Park” of the City of Boynton Beach 14 (“City”) Code of Ordinances (“Code”) so that it is clear and concise; and 15 WHEREAS, the City Commission finds that Section 16-60 of the Code is confusing 16 and unclear; and 17 WHEREAS, the City Commission finds that Section 16-60 should be revised to 18 eliminate confusion and ensure clarity; and 19 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 20 residents of the City to amend Chapters 16, Article 2, Section 16-60 of the City’s Code of 21 Ordinances as hereinafter referenced. 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and 25 incorporated herein by this reference. 26 Section 2. Chapter 16, “Parks and Recreation”, Article 2, “Parks and Beaches”, 27 Section 16-60, “Establishing hours of use at Harvey E. Oyer, Jr. Park”, of the City’s Code of 28 Ordinances is hereby amended by adding the words and figures in underlined type and by 29 deleting the words and figures in struck-through type, as follows: 30 31 32 33 34 Page 906 of 1203 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 2 Sec. 16-60. Establishing hours of use at Harvey E. Oyer, Jr. Park. 35 (a) The Harvey E. Oyer, Jr. Park (herein “Park”) shall be closed at 10:00 p.m. to all persons, 36 except: 37 (1) Fishermen; 38 (2) Boaters actively engaged in fishing or boating or preparation thereof; and 39 (3) Official permit holders or individuals utilizing the boat club building authorized by 40 City. 41 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 42 between the hours of 10:00 p.m. and dawn of the next day. 43 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but not 44 limited to, storage of vessels, vehicles and trailers. 45 (i) All abandoned personal property or personal property left at the Park after 10:00 46 p.m. shall be subject to next-day towing, the City may cause the property to be 47 removed by a towing or salvage company at the owner’s expense. City shall not 48 be liable for any damage caused to personal property left in the Park after 10:00 49 p.m. 50 (ii) Vehicles tagged by the City as an “Extended Stay” vehicle pursuant to Section 51 16-60(f) herein shall be exempt from next-day towing. 52 (d) The docks in the lagoon at the park are intended for loading and unloading boats. The 53 loading/unloading docks shall not be used for storage or mooring and all persons who use the 54 loading/unloading docks must clear the docks as quickly and efficiently as possible. No boats, 55 personal property, or other objects shall occupy or obstruct the loading/unloading docks for 56 more than thirty (30) minutes at a time. 57 Page 907 of 1203 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 3 (e) No tether, lock or other personal property shall be permanently attached to any fixtures, 58 trees or other objects on the Harvey E. Oyer, Jr. Park premises. 59 (f) Any decal holder actively engaged in fishing, or boating or preparation thereof for a 60 period of three (3) days or more and wishes to leave their trailer and/or vehicle overnight in 61 the Park shall seek prior written consent from the City seven (7) days in advance of their 62 intended departure notify the city in writing in advance. The City may shall tag the trailer 63 and/or vehicle of any such decal holder as an “Extended Stay” vehicle. Any vehicle or trailer 64 that remains in the Park overnight for three (3) days or more without prior permission from the 65 city shall be removed, towed or otherwise disposed of at the owner’s expense. 66 (g) Vehicles without a trailer may only park in areas designated for single vehicles. 67 68 Section 3. Each and every other provision of the Code of Ordinances of the City 69 of Boynton Beach not herein specifically amended shall remain in full force and effect as 70 previously enacted. 71 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 72 same are hereby repealed. 73 Section 5. Should any section or provision of this ordinance or portion hereof, any 74 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 75 such decision shall not affect the remainder of this ordinance. 76 Section 6. Authority is hereby granted to codify said ordinance. 77 Section 7. This ordinance shall become effective immediately upon passage. 78 79 80 FIRST READING this ____ day of _________________, 2020. 81 82 SECOND, FINAL READING AND PASSAGE this day of ________, 2020. 83 84 85 86 87 88 Page 908 of 1203 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 4 CITY OF BOYNTON BEACH, FLORIDA 89 90 YES NO 91 92 Mayor – Steven B. Grant _____ _____ 93 94 Vice Mayor – Ty Penserga _____ _____ 95 96 Commissioner – Justin Katz _____ _____ 97 98 Commissioner – Woodrow L. Hay _____ _____ 99 100 Commissioner – Christina L. Romelus _____ _____ 101 102 103 104 VOTE ______ 105 ATTEST: 106 107 108 _____________________________ 109 Crystal Gibson, MMC 110 City Clerk 111 112 113 (Corporate Seal) 114 115 Page 909 of 1203 8.C. PUB L I C HE A RI NG 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed Ordinance No. 20- 025 - S econd R eading - Approving request for abandonment of easements assoc iated with the Riverwalk Plaza redevelopment projec t, located at 1532 S. Federal Highway. Applic ant: Soraya Conserve, Flynn Engineering Servic es, P.A. Explanation of R equest: Soraya Conserve of Flynn Engineering Servic es, on behalf of I sram Riverwalk LLC and Restaurant Holdings, I nc ., is requesting abandonment of a portion of four (4) separate utility easements and two (2) ingress / egress easements within the Riverwalk P laza and Prime Catch Restaurant properties, in connection with the approved redevelopment plan. A site drawing is provided for context, as well as individual legal descriptions and sketc hes of each abandonment request. Utility Easement "A " is located near the NE corner of the site, and the abandonment request is for a portion of 10-foot wide water easement (as depicted and further desc ribed in the corresponding exhibit). Utility Easement "B " is located near the north-central portion of the site, and the abandonment request is for a 12-foot wide water easement (as depicted and further desc ribed in the corresponding exhibit). Utility Easement "C" loops the north, east and south side of the site, and the abandonment request is for a 10- foot wide water & sanitary sewer easement (as depic ted and further described in the c orresponding exhibit). Utility Easement "D" is loc ated near the north side of the site, and the abandonment request is for a portion of a 12-foot wide water easement (as depicted and further desc ribed in the corresponding exhibit). I ngress / Egress E asement "1" is loc ated near the west side of the site, along the north side, abutting W oolbright Road (as depicted and further described in the corresponding exhibit). I ngress / Egress E asement "2" is loc ated centrally along the north side of the site, abutting W oolbright Road (as depicted and further desc ribed in the corresponding exhibit). The City's Utilities D epartment has reviewed the requests for abandonment of these water and sanitary sewer easements and has no objection to the abandonments, subject to the ultimate reloc ation of these fac ilities into replacement easements. All other utility providers responded with "no objection" as well, c onditioned upon relocation of their fac ilities (if needed) into newly dedic ated easements. Relative to the two (2) ingress / egress easements, the applicant has provided a new easement dedic ation to replac e the existing. Staff recommends approval of these easements assoc iated with the redevelopment projec t, subject to the conditions listed herein. How will this affect city programs or services? No impac ts, as new easements will be dedicated and utility relocations c onducted at the expense of the applic ant. Fiscal Impact: None, as any expenses will be bourn by the applicant. Page 910 of 1203 Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance approving abandonment of Riverwalk Easements Location Map Location Map Exhibit Site Utilities Map Exhibit Utilities Easement "A" Legal D esc ription Exhibit Utilities Easement "A" Sketc h Exhibit Utilities Easement "B" Legal D esc ription Exhibit Utilities Easement "B" Sketc h Exhibit Utilities Easement "C " Legal Description Exhibit Utilities Easement "C " Sketch Page 1 Exhibit Utilities Easement "C " Sketch Page 2 Exhibit Utilities Easement "C " Sketch Page 3 Exhibit Utilities Easement "C " Sketch Page 4 Exhibit Utilities Easement "D " Legal Description Exhibit Utilities Easement "D " Sketch Exhibit I ngress / Egress Easement 1 Legal Description Exhibit I ngress / Egress Easement 1 Sketch Exhibit I ngress / Egress Easement 2 Legal Description Exhibit I ngress / Egress Easement 2 Sketch Exhibit Replac ement I ngress / Egress Easement Legal Desc ription Exhibit Replac ement I ngress / Egress Easement Sketc h Page 911 of 1203 {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easements (Riverwalk Plaza) ().docx ORDINANCE NO. 20- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE ABANDONMENT OF 4 EASEMENTS ASSOCIATED WITH THE RIVERWALK PLAZA 5 REDEVELOPMENT PROJECT, LOCATED AT 1532 S. 6 FEDERAL HIGHWAY; AUTHORIZING THE CITY MANAGER 7 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 8 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 9 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, Soraya Conserve of Flynn Engineering Services, on behalf of Isram 13 Riverwalk LLC and Restaurant Holdings, Inc., is requesting abandonment of a portion of 14 four (4) separate utility easements and two (2) ingress / egress easements within the 15 Riverwalk Plaza and Prime Catch Restaurant properties, in connection with the approved 16 redevelopment plan; and 17 18 WHEREAS, The City's Utilities Department has reviewed the requests for 19 abandonment of these water and sanitary sewer easements and has no objection to the 20 abandonments, subject to the ultimate relocation of these facilities into replacement 21 easements. All other utility providers responded with "no objection" as well, conditioned 22 upon relocation of their facilities (if needed) into newly dedicated easements. Relative to 23 the two (2) ingress / egress easements, the applicant has provided a new easement 24 dedication to replace the existing; and 25 26 WHEREAS, comments have been solicited from the appropriate City 27 Departments, and public hearings have been held before the City Commission on the 28 proposed abandonment; and 29 30 WHEREAS, staff finds that the subject abandonments serve a greater public 31 purpose, and therefore recommends approval of the applicant’s request. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 35 36 Section 1. The foregoing whereas clauses are true and correct and incorporated 37 herein by this reference. 38 39 Section 2. The City Commission of the City of Boynton Beach, Florida, does 40 hereby abandon easements associated with the Riverwalk Plaza redevelopment project, 41 located at 1532 S. Federal Highway. The property being abandoned is more particularly 42 described as follows: 43 44 Utility Easement A: See Attached Exhibit “A” 45 46 Utility Easement B: See Attached Exhibit “B” 47 48 Utility Easement C: See Attached Exhibit “C” 49 Page 912 of 1203 {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easements (Riverwalk Plaza) ().docx 50 Utility Easement D: See Attached Exhibit “D” 51 52 Ingress/Egress Easement 1 & 2: See Attached Exhibit “E” 53 54 55 56 Section 3. The City Manager is hereby authorized and directed to execute the 57 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 58 Records of Palm Beach County, Florida. 59 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 63 FIRST READING this ____ day of , 2020. 64 65 66 SECOND, FINAL READING AND PASSAGE THIS _____day of _______, 2020. 67 68 CITY OF BOYNTON BEACH, FLORIDA 69 70 YES NO 71 72 Mayor – Steven B. Grant _____ _____ 73 74 Vice Mayor – Ty Penserga _____ _____ 75 76 Commissioner – Justin Katz _____ _____ 77 78 Commissioner – Woodrow L. Hay _____ _____ 79 80 Commissioner – Christina L. Romelus _____ _____ 81 82 VOTE ______ 83 84 ATTEST: 85 86 87 _____________________________ 88 Crystal Gibson, MMC 89 City Clerk 90 91 92 (Corporate Seal) 93 Page 913 of 1203 DESCRIPTION OF 10’ EASEMENT IN O.R.B. 9500, PAGE 251 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.00°59'57"E, A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR S.E. 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD: THENCE N.89°41'13"E., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 62.92 FEET TO THE EASTERLY LINE OF SAID 10 FEET WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.02°31'25"W., A DISTANCE OF 16.39 FEET; THENCE S.68°07'43"E., A DISTANCE OF 124.43 FEET; THENCE S.71°43'22"E, A DISTANCE OF 128.55 FEET; THENCE S.54°34'04"E., A DISTANCE OF 28.57 FEET TO THE POINT OF THE BEGINNING OF THE SAID 10 FEET WIDE UTILITY EASEMENT RE- ALIGNMENT; THENCE N.89°41'13"E., A DISTANCE OF 79.06 FEET; THENCE S.00°38'48"E., A DISTANCE OF 57.14 FEET MORE OR LESS CONNECTING WITH THE EASTERLY MOST LINE OF SAID EASEMENT; THENCE N.54°34'04"W., A DISTANCE OF 12.37 FEET; THENCE N.00°38'48"W., A DISTANCE OF 39.91 FEET; THENCE S.89°41'13"W., A DISTANCE OF 72.34 FEET; THENCE N.17°33'35"E., A DISTANCE OF 10.51 FEET MORE OR LESS TO THE POINT OF BEGINNING. BEARING DATUM FOR THIS DESCRIPTION: The West line said section 34 is assumed to bear S.00°59'57"E, and all bearing cited herein are relative therefrom. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “A” Page 914 of 1203 DESCRIPTION OF 12’ WATER LINE EASEMENT IN O.R.B. 10206, PAGE 1092 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH 00°59'57" EAST ALONG THE WEST LINE OF SAID SECTION 34 (ALL BEARINGS HEREON ARE RELATIVE THERE FROM) A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR SOUTHEAST 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD AS NOW LAID OUT AND IN USE AS OF NOVEMBER 20, 1997; THENCE NORTH 89°41'13" EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF AN EXISTING UTILITY EASEMENT RECORDED IN OFFICAL RECORD BOOK 1868, PAGE 887 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 02°31'25" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 68°07'43" EAST, A DISTANCE OF 93.00' FEET TO THE POINT OF BEGINNING OF A NEW 12' WIDE WATER LINE EASEMENT; THENCE SOUTH 00°41'05" EAST. A DISTANCE OF 90.56 FEET; THENCE SOUTH 46°31'42" WEST, A DISTANCE OF 24.45 FEET; THENCE SOUTH 00°36'13" WEST, A DISTANCE OF 77.78 FEET, THENCE SOUTH 89°23'47" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00°36'13" EAST, A DISTANCE OF 72.70 FEET; THENCE NORTH 46°31'42" EAST, A DISTANCE OF 24.61 FEET; THENCE NORTH 00°41'05' WEST A DISTANCE OF 90.82 FEET; THENCE NORTH 68°07'43" WEST A DISTANCE OF 12.99 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Exhibit “B” Page 915 of 1203 DESCRIPTION OF 10’ UTILITY EASEMENT IN O.R.B. 1868, PAGE 887 TO BE ABANDONED A 10.00 foot Utility Easement being a portion of Lots 1 and 2 of ROUSSEAU'S SUBDIVISION as recorded in Plat Book 1, Page 14, of the Public Records of Palm Beach County, Florida, and a portion of Section 33, Township 45 South ,Range 43 East, Palm Beach County, Florida, whose centerline is more particularly described as follows: Commencing at the intersection of the East Right-of-Way line of U.S. Highway No. 1 and South Right-of-Way of Southeast 15th Avenue; thence North 89° 43' 15" East along South Right-of-Way line of Southeast 15th Avenue; a distance of 320.15 feet; thence North 89° 41' 13" East along said South Right-of-way line a distance of 57.92 feet to the Point of Beginning of this description, said point being further described as the Intersection of the South Right-of- Way of Southeast 15th Street and the centerline of the aforementioned 10.00 foot Utility Easement; thence South 02° 31' 25" West, a distance of 19.68 feet; thence South 68° 07' 43" East a distance of 128.12 feet; thence South 71° 43' 22" East a distance of 127.95 feet; thence South 54° 34' 04" East a distance of 123.09 feet; thence South 0° 38' 51" East a distance of 329.81 feet; thence South 85° 44' 32" West a distance of 69.97 feet; thence South 66° 55' 28" West a distance of 102.49 feet; thence South 60° 21' 35" West a distance of 83.34 feet; thence South 89° 27' 01" West a distance of 522.17 feet more or less to the Point of Termination of this description, said point being further described as being the intersection of said Centerline of a 10.00 foot Utility Easement and the East Right-of-Way line of U.S. Highway No. 1, said lands situate, lying and being in PALM BEACH COUNTY, Florida SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “C” Page 916 of 1203 DESCRIPTION OF WATER EASEMENT IN O.R.B. 14592, PAGE 1095 TO BE ABANDONED BEING AN EASEMENT LYING IN A PART OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57" EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 17.08 FEET; THENCE RUN SOUTH 00°16'45" EAST 80.03 FEET; THENCE RUN NORTH 89°43'15" EAST FOR A DISTANCE OF 10.00 FEET; THENCE RUN SOUTH 00°16'45" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED WATER EASEMENT; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 4.16 FEET; THENCE SOUTH 40°35'09" EAST FOR A DISTANCE OF 16.42 FEET; NORTH 49°24'51" EAST FOR A DISTANCE OF 18.54 FEET; THENCE NORTH 89°44'33" EAST FOR A DISTANCE OF 82.26 FEET; THENCE SOUTH 00°15'27" EAST FOR A DISTANCE OF 12.00 FEET; THENCE SOUTH 89°44'33" WEST FOR A DISTANCE OF 80.94 FEET; THENCE SOUTH 49°24'51" WEST FOR A DISTANCE OF 34.42 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 89°24'51" EAST FOR A DISTANCE OF 12.64 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 24.90 FEET; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 8.96 FEET TO THE POINT OF BEGINNING. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. Exhibit “D” Page 917 of 1203 Exhibit “E” DESCRIPTION OF INGRESS AND EGRESS EASEMENT IN O.R.B. 14814, PAGE 1246 TO BE ABANDONED BEING A PART OF SECTION 33, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN SOUTH 89°43'15" WEST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 135.14 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 01°02'15" WEST FOR A DISTANCE OF 182.47 FEET; THENCE RUN NORTH 89°40'19" EAST FOR A DISTANCE OF 149.03 FEET; THENCE RUN SOUTH 00°15'27" EAST FOR A DISTANCE OF 30.00 FEET; THENCE RUN SOUTH 89°40'19" WEST FOR A DISTANCE OF 184.72 FEET; THENCE RUN NORTH 01°02'15" EAST FOR A DISTANCE OF 212.50 FEET TO A POINT ON THE SAID RIGHT OF WAY LINE; THENCE RUN NORTH 89°43'15" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE 35.01 FEET TO THE POINT OF BEGINNING. CONTAINING 11,918.18 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. LEGAL DESCRIPTION FOR INGRESS AND EGRESS EASEMENT NO.2 BEING A PART OF SECTION 34, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 21.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°41'13" EAST FOR A DISTANCE OF 38.00 FEET; THENCE RUN SOUTH 00°24'25" EAST FOR A DISTANCE OF 59.40 FEET TO THE BEGININNG OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86°25'06" A DISTANCE OF 15.08 FEET; THENCE RUN SOUTH 86°49'31" EAST FOR A DISTANCE OF 12.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 67.64 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 60°08'52", A DISTANCE OF 71.01 FEET; THENCE RUN SOUTH 00°41'05" EAST FOR A DISTANCE OF 40.05 FEET; THENCE RUN SOUTH 89°44'33" WEST FOR A DISTANCE OF 128.86 FEET; THENCE RUN NORTH 00°15'27" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 73.84 FEET; THENCE RUN NORTH 00°18'50" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 26.84 FEET; TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, THE CHORD OF WHICH BEARS NORTH 62°01'59" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°11'53", A DISTANCE OF 45.55 FEET TO THE BEGINNING OF A REVERSE Page 918 of 1203 Exhibit “E” CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'30", A DISTANCE OF 24.19 FEET; THENCE RUN NORTH 60°24'25" WEST FOR A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 36.00; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 37.70 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 53.91 FEET TO THE POINT OF BEGINNING. CONTAINING 8246.14 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Page 919 of 1203 {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easements (Riverwalk Plaza) ().docx DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon easements associated with the Riverwalk Plaza redevelopment project, located at 1532 S. Federal Highway. The property being abandoned is more particularly described as follows. The property being abandoned is more particularly described as follows: Utility Easement A: See Attached Exhibit “A” Utility Easement B: See Attached Exhibit “B” Utility Easement C: See Attached Exhibit “C” Utility Easement D: See Attached Exhibit “D” Ingress/Egress Easement 1 & 2: See Attached Exhibit “E” IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2020. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of physical presence or online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2020. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: Page 920 of 1203 DESCRIPTION OF 10’ EASEMENT IN O.R.B. 9500, PAGE 251 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.00°59'57"E, A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR S.E. 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD: THENCE N.89°41'13"E., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 62.92 FEET TO THE EASTERLY LINE OF SAID 10 FEET WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.02°31'25"W., A DISTANCE OF 16.39 FEET; THENCE S.68°07'43"E., A DISTANCE OF 124.43 FEET; THENCE S.71°43'22"E, A DISTANCE OF 128.55 FEET; THENCE S.54°34'04"E., A DISTANCE OF 28.57 FEET TO THE POINT OF THE BEGINNING OF THE SAID 10 FEET WIDE UTILITY EASEMENT RE- ALIGNMENT; THENCE N.89°41'13"E., A DISTANCE OF 79.06 FEET; THENCE S.00°38'48"E., A DISTANCE OF 57.14 FEET MORE OR LESS CONNECTING WITH THE EASTERLY MOST LINE OF SAID EASEMENT; THENCE N.54°34'04"W., A DISTANCE OF 12.37 FEET; THENCE N.00°38'48"W., A DISTANCE OF 39.91 FEET; THENCE S.89°41'13"W., A DISTANCE OF 72.34 FEET; THENCE N.17°33'35"E., A DISTANCE OF 10.51 FEET MORE OR LESS TO THE POINT OF BEGINNING. BEARING DATUM FOR THIS DESCRIPTION: The West line said section 34 is assumed to bear S.00°59'57"E, and all bearing cited herein are relative therefrom. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “A” Page 921 of 1203 DESCRIPTION OF 12’ WATER LINE EASEMENT IN O.R.B. 10206, PAGE 1092 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH 00°59'57" EAST ALONG THE WEST LINE OF SAID SECTION 34 (ALL BEARINGS HEREON ARE RELATIVE THERE FROM) A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR SOUTHEAST 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD AS NOW LAID OUT AND IN USE AS OF NOVEMBER 20, 1997; THENCE NORTH 89°41'13" EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF AN EXISTING UTILITY EASEMENT RECORDED IN OFFICAL RECORD BOOK 1868, PAGE 887 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 02°31'25" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 68°07'43" EAST, A DISTANCE OF 93.00' FEET TO THE POINT OF BEGINNING OF A NEW 12' WIDE WATER LINE EASEMENT; THENCE SOUTH 00°41'05" EAST. A DISTANCE OF 90.56 FEET; THENCE SOUTH 46°31'42" WEST, A DISTANCE OF 24.45 FEET; THENCE SOUTH 00°36'13" WEST, A DISTANCE OF 77.78 FEET, THENCE SOUTH 89°23'47" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00°36'13" EAST, A DISTANCE OF 72.70 FEET; THENCE NORTH 46°31'42" EAST, A DISTANCE OF 24.61 FEET; THENCE NORTH 00°41'05' WEST A DISTANCE OF 90.82 FEET; THENCE NORTH 68°07'43" WEST A DISTANCE OF 12.99 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Exhibit “B” Page 922 of 1203 DESCRIPTION OF 10’ UTILITY EASEMENT IN O.R.B. 1868, PAGE 887 TO BE ABANDONED A 10.00 foot Utility Easement being a portion of Lots 1 and 2 of ROUSSEAU'S SUBDIVISION as recorded in Plat Book 1, Page 14, of the Public Records of Palm Beach County, Florida, and a portion of Section 33, Township 45 South ,Range 43 East, Palm Beach County, Florida, whose centerline is more particularly described as follows: Commencing at the intersection of the East Right-of-Way line of U.S. Highway No. 1 and South Right-of-Way of Southeast 15th Avenue; thence North 89° 43' 15" East along South Right-of-Way line of Southeast 15th Avenue; a distance of 320.15 feet; thence North 89° 41' 13" East along said South Right-of-way line a distance of 57.92 feet to the Point of Beginning of this description, said point being further described as the Intersection of the South Right-of- Way of Southeast 15th Street and the centerline of the aforementioned 10.00 foot Utility Easement; thence South 02° 31' 25" West, a distance of 19.68 feet; thence South 68° 07' 43" East a distance of 128.12 feet; thence South 71° 43' 22" East a distance of 127.95 feet; thence South 54° 34' 04" East a distance of 123.09 feet; thence South 0° 38' 51" East a distance of 329.81 feet; thence South 85° 44' 32" West a distance of 69.97 feet; thence South 66° 55' 28" West a distance of 102.49 feet; thence South 60° 21' 35" West a distance of 83.34 feet; thence South 89° 27' 01" West a distance of 522.17 feet more or less to the Point of Termination of this description, said point being further described as being the intersection of said Centerline of a 10.00 foot Utility Easement and the East Right-of-Way line of U.S. Highway No. 1, said lands situate, lying and being in PALM BEACH COUNTY, Florida SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “C” Page 923 of 1203 DESCRIPTION OF WATER EASEMENT IN O.R.B. 14592, PAGE 1095 TO BE ABANDONED BEING AN EASEMENT LYING IN A PART OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57" EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 17.08 FEET; THENCE RUN SOUTH 00°16'45" EAST 80.03 FEET; THENCE RUN NORTH 89°43'15" EAST FOR A DISTANCE OF 10.00 FEET; THENCE RUN SOUTH 00°16'45" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED WATER EASEMENT; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 4.16 FEET; THENCE SOUTH 40°35'09" EAST FOR A DISTANCE OF 16.42 FEET; NORTH 49°24'51" EAST FOR A DISTANCE OF 18.54 FEET; THENCE NORTH 89°44'33" EAST FOR A DISTANCE OF 82.26 FEET; THENCE SOUTH 00°15'27" EAST FOR A DISTANCE OF 12.00 FEET; THENCE SOUTH 89°44'33" WEST FOR A DISTANCE OF 80.94 FEET; THENCE SOUTH 49°24'51" WEST FOR A DISTANCE OF 34.42 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 89°24'51" EAST FOR A DISTANCE OF 12.64 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 24.90 FEET; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 8.96 FEET TO THE POINT OF BEGINNING. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. Exhibit “D” Page 924 of 1203 Exhibit “E” DESCRIPTION OF INGRESS AND EGRESS EASEMENT IN O.R.B. 14814, PAGE 1246 TO BE ABANDONED BEING A PART OF SECTION 33, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN SOUTH 89°43'15" WEST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 135.14 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 01°02'15" WEST FOR A DISTANCE OF 182.47 FEET; THENCE RUN NORTH 89°40'19" EAST FOR A DISTANCE OF 149.03 FEET; THENCE RUN SOUTH 00°15'27" EAST FOR A DISTANCE OF 30.00 FEET; THENCE RUN SOUTH 89°40'19" WEST FOR A DISTANCE OF 184.72 FEET; THENCE RUN NORTH 01°02'15" EAST FOR A DISTANCE OF 212.50 FEET TO A POINT ON THE SAID RIGHT OF WAY LINE; THENCE RUN NORTH 89°43'15" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE 35.01 FEET TO THE POINT OF BEGINNING. CONTAINING 11,918.18 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. LEGAL DESCRIPTION FOR INGRESS AND EGRESS EASEMENT NO.2 BEING A PART OF SECTION 34, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 21.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°41'13" EAST FOR A DISTANCE OF 38.00 FEET; THENCE RUN SOUTH 00°24'25" EAST FOR A DISTANCE OF 59.40 FEET TO THE BEGININNG OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86°25'06" A DISTANCE OF 15.08 FEET; THENCE RUN SOUTH 86°49'31" EAST FOR A DISTANCE OF 12.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 67.64 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 60°08'52", A DISTANCE OF 71.01 FEET; THENCE RUN SOUTH 00°41'05" EAST FOR A DISTANCE OF 40.05 FEET; THENCE RUN SOUTH 89°44'33" WEST FOR A DISTANCE OF 128.86 FEET; THENCE RUN NORTH 00°15'27" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 73.84 FEET; THENCE RUN NORTH 00°18'50" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 26.84 FEET; TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, THE CHORD OF WHICH BEARS NORTH 62°01'59" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°11'53", A DISTANCE OF 45.55 FEET TO THE BEGINNING OF A REVERSE Page 925 of 1203 Exhibit “E” CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'30", A DISTANCE OF 24.19 FEET; THENCE RUN NORTH 60°24'25" WEST FOR A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 36.00; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 37.70 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 53.91 FEET TO THE POINT OF BEGINNING. CONTAINING 8246.14 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Page 926 of 1203 S Federal HwyE Woolbright RdSE 1st StRiviera Dr SE 20th Ct SE 21st Ave SE 18th Ave S E 2 0 t h Ave Snug H arbor Dr SE 3rd St¯ RIVE RWA LK LO CATIO N MAP 0 130 260 390 52065Feet SITE Page 927 of 1203 Page 928 of 1203 Page 929 of 1203 Page 930 of 1203 Page 931 of 1203 Page 932 of 1203 Page 933 of 1203 Page 934 of 1203 Page 935 of 1203 Page 936 of 1203 Page 937 of 1203 Page 938 of 1203 Page 939 of 1203 Page 940 of 1203 Page 941 of 1203 Page 942 of 1203 Page 943 of 1203 Page 944 of 1203 Page 945 of 1203 9.A. C I TY MANA GE R’S RE P ORT 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Financ ial I mpact Marc h through J une from the C OV I D-19 pandemic emergency. Explanation of R equest: The c urrent C OV I D-19 emergenc y expenses are $429,760.88. Based on the emergency orders, most of these expenses may be reimbursed through FE MA . $214,361.00 C OV I D supplies $215,399.88 Payroll Expenses The estimated loss in revenues are approximately $1,218,316.80 B Y F U N D (Mar ch-June) General Fund ($738,343.52) Traffic Safety Fund ($12,351.17) Surtax Fund ($152,583.02) Recreation Fund ($216,030.12) Golf Course Fund ( $99,008.97) B Y D E PAR TME N T (March-June) General Government ($44,554.33) Franchise Fees ($73,370.84) Golf Course ($99,008.97) Polic e ( $12,351.17) Recreation ($316,579.72) State Revenue Sharing ($672,451.17) W ith regard to the State Revenue Sharing losses, the monthly distributions were reduc ed by 50% for May and J une. The state intends to issue a true up calc ulation and the City will possibly see an uptick by the end of the fiscal year. Rec reation losses are mostly due to beach parking fees, and programming. W hile the revenue losses in Recreation are signific ant, there are some off-setting savings suc h as personnel expenses for summer c amp whic h will help offset some of the revenue loss. Golf Course losses were more signific ant in A pril and May but, sinc e re-opening, there has been a signific ant increase in actual revenues over projected revenues. How will this affect city programs or services? Potential overall budget shortfall. Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Page 946 of 1203 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 947 of 1203 9.B. C I TY MANA GE R’S RE P ORT 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: A presentation of F Y20-21 Strategic P lan initiatives by Trina Pulliam of Trainnovations. Explanation of R equest: The City has identified four (4) new strategic initiatives for F Y20-21. 1. Cultivate c onsciousness and develop a framework to address racial and social equity in the delivery of C ity services for the benefit of all c ommunities within the C ity. 2. Strengthen resource acc ess to the City’s underserved populations by maintaining a database of links that connect residents with resourc es, supporting relationships, and partnerships. 3. Build an equitable economy that will grow family -wage jobs, advanc e opportunities for prosperity, collaborate with partners for an equitable city, and c reate vibrant neighborhoods and c ommunities. 4. Create responsive, acc ountable, and cost-effective government programs and services that lead to Performance E xc ellenc e. How will this affect city programs or services? I mplementation of these initiatives will serve to improve City services, align resources to support communities, and provide for a more responsive, ac countabie, and cost effective government. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: B uilding W ealth in the Community Strategic Plan Application: Collec tively, the new strategies will create capacity to support family-wage jobs, advanc e opportunities for prosperity, collaborate with partners for an equitable city, and c reate vibrant neighborhoods and communities. Climate Action: N o Climate Action Discussion: Is this a grant? 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C I TY MANA GE R’S RE P ORT 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: A presentation of a Rac ial and Social Equity Framework by David Scott, Director of Ec onomic Development and S trategy, C ity of Boynton Beach. Explanation of R equest: The City Commission requested a disc ussion of a Task Force to address racial and social equity in the City of Boy nton Beac h. This presentation provides the findings of staff's research in developing an approac h to cultivating consciousness and creating a framework to address racial and social equity in the delivery of C ity services for the benefit of all c ommunities within the C ity. How will this affect city programs or services? I dentification of racial and soc ial inequities, and development of strategies and ac tivities to close the equity gap. Fiscal Impact: Non-budgeted Project Coordinator/Facilitator - $20,000 Alternatives: N/A Strategic Plan: B uilding W ealth in the Community Strategic Plan Application: Cultivate consc iousness and develop a framework to address rac ial and social equity in the delivery of C ity services for the benefit of all c ommunities within the C ity Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Addendum Boynton Beach Racial and Soc ial Equity Framework Page 964 of 1203 Developing a Racial and Social Equity Framework City of Boynton Beach 6/26/2020 Page 965 of 1203 The City of Boynton Beach seeks to cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Page 966 of 1203 “Racism can therefore be thought of in the following formula: Racial Power: The ability to get what you want done, including influence over others and the ability to define and alter the reality for yourself and others, based on race. + Racial Privilege: The unearned set of assets, advantages, and benefits that white people inherit based on their membership in society’s dominant group. Generally, those who experience such privilege do so without being aware of it. + Racial Prejudice: An unjustifiable attitude or behavior (whether conscious or unconscious) of an individual or group toward another group and its members, based on race.” –Prosper Portland https://youtu.be/gHfm9Moawg0 Page 967 of 1203 Step 2. Set Outcomes: Leadership communicates key community outcomes for racial and social equity to guide decisions. Step 3. Analyze Data: Partner with community stakeholders and staff to identify opportunities and strategies to address racial and social inequities. Step 4. Establish Priorities: Analyze strategy for impacts and alignment with outcomes that create greater racial and social equity or minimize unintended consequences. The Racial and Social Equity LensStep 1. Data Collection: Community stakeholders partner with university researchers and local community organizations to implement a community- based participatory research project to develop community profiles and identify inequities. Step 5. Evaluate: Raise racial and social Awareness. Be Accountable. Track impacts on communities of color over time. Step 6. Report: Continue to communicate with and involve stakeholders. Share information learned from analysis and unresolved issues with Leadership and Change Team. Page 968 of 1203 The StakeholdersBuilding a Big Table Elected and City officials, clergy, civil rights groups, millennials, activists, and families of people affected by racial and social inequities should be joined by businesses, educators and coaches, students, professional sports teams or players, local celebrities, local media outlets, and other community leaders who have the trust of the community. Change Team and Facilitator Development of strategies and activities to close the equity gap are the responsibility of department leadership in consultation with the Change Team. We recommend a facilitator to guide the process. Page 969 of 1203 The Change TeamChange Team Lori LaVerriere, City Manager Kathryn Matos, Assistant City Manager Julie Oldbury, Human Resources Director David Scott, Economic Development and Strategy Director Michael Gregory, Police Chief Mara Frederiksen, Finance Director Ray Carter, Fire Chief John Durgan, Economic Development and Strategy, Economic Specialist Page 970 of 1203 The JourneyPersonal Responsibility Cultural Awareness Institutional Alignment Objectives Strategies Policies Programs Systems Racial and Social Equity Page 971 of 1203 QUESTIONS? Page 972 of 1203 THANK YOU? Page 973 of 1203 Page 974 of 1203 11.A. NE W B US I NE S S 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Approve reduction of a Performance Bond No S U40078 by the amount of $284,348.02 from $407,577.50 to $123,229.48 for the completion of the earthwork and the paving, grading, and drainage improvements in assoc iation with the Casa Del Mar projec t. Explanation of R equest: I n February 2016, in c onjunc tion with the Land Development Permit, K Hovnanian Homes provided the City a performance bond No SU40078 in the amount of $1,232,294.80. I n May 2017, the C ommission approved the reduc tion of the bond by $824,717.30 to $407,577.50 The Public W orks Department Engineering Division requests approval to reduce the P erformance B ond, by the amount of $284,348.02 for the c ompletion of the earthwork and the paving, grading, and drainage improvements in association with the Casa D el Mar project. This will leave the remaining $123,229.48 (10%) to be held by the C ity. K Hovnanian Homes, I nc. submitted a request to reduce the existing performanc e bond and an updated Engineer ’s Opinion of Cost for the remaining earthwork and paving, grading, and drainage improvements in association with the Casa Del Mar Projec t. The existing performance bond is in the amount of $407,577.50. The Public W orks Engineering Division has inspected the improvements and found that 10% of the work remains to be completed. The City shall retain 10% of the funds (or $123,229.48) in the performanc e bond. Should the reduc tion be approved, the Public W orks Engineering Division finds the remaining funds ($123,229.48) sufficient to complete the project. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: C ommission could elec t to hold the bond until such time as the project is c ompleted, at which time the bond would be reduced to 5% warranty bond. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 975 of 1203 Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Attachment Attachment 1 - E ngineers Certific ation Attachment Attachment 2 - E ngineer's Opinion of Probable of Cost to Complete Attachment Attachment 3 - B ond Page 976 of 1203 A. J. Hydro Engineering, Inc. 5 9 3 2 N W 7 3 C o u rtrd P a rk la n d , F lo rid a 3 3 0 6 7 T e l (9 5 4 ) 3 4 7 -3 3 97 F a x (9 5 4 ) 3 44 -7 8 6 6 e -m a il: a jh yd r o @ b e ll o s u t h .n e t M a y 2 8, 2 0 2 0 C ity o f B o yn to n B e a c h P u b lic W o rk s D e p a r tm e n t M r . F ra n tz L a F o n ta n t, C ity E n g in e e r 1 0 0 E . B o yn to n B e a c h B o u le v a r d B o yn to n B ea c h , F l 3 3 4 3 5 R e :C a s a D e l M a r - B o n d R e d u c tio n #2 A J H #:1 4 -0 0 6 0 D e a r M r. L a F o n ta n t: T h e d e ve lo p e r o f the p r o je c t h a s c o m p le te d a s ig n if ic a n t p o r tio n o f th e la n d d e v e lo p m en t im p r o ve m e n ts fo r th e a b o ve -re fe re n c e d p r o je c t. T h e re fo re , th e d e ve lo p e r w o u ld lik e to re s p e c tfu lly re q u e s t a b o n d re d u c tio n c o n s is te nt w ith th e a m o u n t o f im p r o v e m en ts th a t h a v e b e e n in s ta lle d . T h e d e v e lo p e r h a s a lre a d y re q u e s te d a n d w a s g r a n te d a b o n d re d u c tio n in M a y o f 2 0 1 7 . A t th a t tim e , th e b o n d w a s r e d u c e d fro m th e o rig in a l p e r fo rm an c e b o n d o f $1 ,2 3 2 ,2 9 4 .8 0 to a p e r f o r m a n c e b o n d a m o u n t o f $4 0 7 ,5 7 7 .5 0 . T h e d e v e lo p e r w o u ld lik e to fu rth e r re d u c e th e b o n d w ith th is s e c o n d r e q u es t. A tta c h e d p lea s e f in d th e c e r tif ie d E n gin e e r’s C o s t E s tim a te . T h e e s tim a te h a s b e e n u p d a te d to in c lu d e w o r k th a t h a s b e e n c o m p le te d to d a te . T h e firs t c o lu m n is th e o r ig in a l c o s t e s tim a te th a t w a s u s e d to d e te r m in e th e b on d a m o u n t. T h e s e c o nd c o lu m n ind ic a te s th e w o r k th a t h a s b e e n c o m p le ted to d a te . T h e th ird c o lu m n r ep re s e n ts th e w o rk s till n e e d e d to b e c o m p le te d . A ls o , a tta c h e d p le a s e fin d tw o (2 ) s e ts o f p a v in g a nd d r a in a g e a s -bu ilts fo r yo u r re v ie w . T h y h a ve b e e n p re v io u s ly s u b m itte d , a s w e ll. T h e a s -b u ilts re fle c t th a t on e s to rm m a n h o le n o rth o f B u ild in g 1 , a n d s e v e r a l ya r d d ra in s h a ve n o t b e e n c o m p le te d. T h e s e im p r o v e m e n ts h a v e a c tu a lly b e en c o m p le te d , th o u g h th e y s till n e e d to b e a s -b u ilt. W e c a n s c h e d u le a n in s p e c tion a t yo u r c o n v e n ie n c e to in s p e c t a ll o f th e im p r o ve m e n ts in s ta lle d to d a te . T h e c e r tifie d u tility b a c k fill a n d r o a d w a y d e n s itie s h a ve b e en p r e v io u s ly s ub m itte d . B a s e d o n th e a tta c h e d , th e d e v e lo p e r is r e q u e s tin g th a t th e p e r f o r m a n c e b on d b e re d u c e d fro m th e c u rre n t a m o u n t o f $4 0 7 ,5 7 7 .5 0 to a p e r f o r m a n c e b o n d $1 2 3 ,2 2 9 .4 8 , 1 0 % o f th e o r ig in a l a m o u nt. P le a s e le t m e k n o w if th is is a c c e p ta b le to th e C ity o f B o yn to n B e a c h . If s o , p le a s e le t m e k n ow h o w to s u b m it th e b o n d . F o r e x a m p le , is a rid e r to th e o r ig in a l b o n d a c c e p ta b le ? If yo u n e e d a n y a d d itio n a l d o c u m e n ta tio n , o r if yo u h a v e a ny q u e s tio n s o r c o m m e n ts , p le a s e le t m e k n o w . T h a n k yo u fo r yo u r k in d atte n tion to th is m a tte r . S h o u ld yo u h a v e a n y a d d itio n a l q u e s tio n s o r c o m m e n ts , p le a s e c o n ta c t m e a t th is o ffic e . S in c e r e ly, A . J . H yd r o E n g in e e rin g , In c . H o w a r d J a b lo n , P .E . L ic e n s e #4 7 5 1 4 c c :file , K e vin B o rk e n h a g e n , K . H o vn a n ia n H o m e s Page 977 of 1203 Work R emainingCompleted to DateOriginal EstimateCasa Del Mar UnitUnitUnitMarch 15, 2016 TotalPriceQuantityTotalPriceQuantityTotalPriceQuantityUnitUpdated May 28, 2020 *** EARTHWORK & GENERAL CONDITIONS 010000010,00010000110,000100001LSMobilization/Supervision (Included) 01.2502,7501.252,2002,7501.252,200LFErosion Control (Silt Fence, Hay Bales, etc.) 05001,90050381,9005038LSInlet Protection/Silt Fence Maint./Turbidity Barrier 02508,750253508,75025350LFFloating Turbidity Barrier 0200002,000200012,00020001LSConstruction Entrance 0100001,000100011,00010001MoConstruction Entrance Maintenance 030000.014,19030004.714,19030004.7ACClearing/Grubbing/Demo 0100350,0001035,000350,0001035,000CYImport Fill to Balance Site 01.509,0001.56,0009,0001.56,000CYStrip Site 4000.0410,0002,8000.0470,0003,2000.0480,000SFFine Building Pads 00.0904,5000.0950,0004,5000.0950,000SYPlace and Compact Pads/Roads, Entire Site 00.0501,2500.0525,0001,2500.0525,000SFFine Grade Right of W ay On-Site 1,2502.55003,7502.51,5005,0002.52,000LFFinal Berm Sloping 1500.053,0006000.0512,0007500.0515,000SFFine Grade Dry Retention Area Banks 6300.213,0002,5200.2112,0003,1500.2115,000SFSod in Dry Retention Area 015000015,00015000115,000150001EARelocate Power Pole in Federal Highway $2,430$430,010$432,440Total: PAVING (On-Site) 05027,00055,40027,00055,400SY12" Compacted Subgrade 010054,000105,40054,000105,400SY8" Limerock Primed 04001,28040321,2804032SY2.5" Asphalt at Entrance (Base & Subgrade) 0300156,000305,200156,000305,200SYBrick Pavers 0100001,000100011,00010001LSSawcut Asphalt 02002,500201252,50020125LFType "F"/Valley Gutter w/4" Limerock Pad 01506,000154006,00015400LFType "D" Curb 02004,000202004,00020200LFHeader Curb 3,75075000.53,75075000.57,50075001LSPavement Markings & Signage 03024,00038,00024,00038,000SFConcrete Sidewalk On-Site (DNI Boardwalk) 015001500150LF $3,750$279,530$283,280Total: ON-SITE DRAINAGE FOR CASA DEL MAR 02003,140201573,14020157LF12" HDPE 015000150001500EA12" x 18" Tee 02502,550251022,55025102LF15" HDPE 030003000300LF15" RCP 03002,16030722,1603072LF18" Solid HDPE 080069,2008086569,20080865LF18" Perforated HDPE w/Exfiltration Trench 038011,2483829611,24838296LF18" RCP 050058,250501,16558,250501,165LF24" RCP 075009,750750139,75075013EAYard Drains 02200019,8002200919,80022009EAType C Ditch Bottom Inlet Paved Area (< 30"PIPE) 02500012,5002500512,50025005EAType C Ditch Bottom Inlet w/Concrete Apron (< 30"PIPE) 02100025,20021001225,200210012EAStorm Manhole (< 30"PIPE) 0750007,500750017,50075001EAControl Structure 0350003,500350013,50035001EA24" Outfall thru Seawall 000000000EA $0$224,798$224,798Total: DRAINAGE FOR FDOT OUTFALL PIPE 025017,7502571017,75025710LF42" RCP Demolition & Removal (Includes Manhole) 0150077,40015051677,400150516LF48" RCP 0200041,60020020841,600200208LF54" RCP 06000018,0006000318,00060003EAStorm Manhole (Type J Bottoms) 0500005,000500015,00050001EACut new manhole into existing 42" RCP 015000015,00015000115,000150001EAStrormceptor Manhole 0500005,000500015,00050001EA48" Outfall thru Seawall $0$179,750$179,750Total: $6,180$1,114,088$1,120,268GRAND TOTAL: RECAP: $2,430$430,010$432,440Earthwork: $3,750$279,530$283,280Paving: $0$224,798$224,798On-site Drainage: $0$179,750$179,750FDOT Drainage Pipe: $6,180$1,114,088$1,120,268GRAND TOTAL: $6,798.00$1,225,496.80$1,232,294.80110% Surety Bond Amount Engineer's Es tim ate For Casa Del M a r - On-S ite Im p rov em ents page 1 Page 978 of 1203 Page 979 of 1203 Page 980 of 1203 Page 981 of 1203 11.B. NE W B US I NE S S 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed R esolution No. R20-065 - Authorize the C ity Manager to procure from Motorola Solutions Company their PremierOne Cloud hosted Computer Aided Dispatc h (C A D), Rec ords Management Sy stem (RMS) and Mobile Reporting solutions as well as ancillary products and services, as desc ribed in their proposal, for a c ost of $2,094,366.50. Explanation of R equest: I n November 2017, the C ity of Boynton Beach entered into a contract with S pillman Technologies, a Motorola Solutions Company, to provide their Tier 2 C A D , RMS and Mobile Reporting solution as a result of RF P No. "007-2110-17/J MA for RFP for Public Safety S oftware". Staff has subsequently identified deficienc ies in the Spillman product that c ould not be overcome. The C A D, RMS and Mobile Reporting software play a critic al role in the efficient operation of the public safety mission. The C AD system collects the details of 911 and non-emergency c alls to help the general public and public safety personnel. I t tracks first responders’ ac tivities with timestamps and serves as the offic ial record keeping sy stem for the management of all c alls and critical inc idents. The RMS and Mobile Reporting software c ollects and serves as the repository for all information inc luded in offic ial police reports. These reports are maintained in ac cordance with state and federal Criminal J ustice I nformation Security polic ies as well as with Florida Record Retention guidelines whic h in some c ases c an be indefinite. The polic e department engaged Motorola to resolve the performance deficiencies within the requirements of the RF P and with the least fisc al impact. As a result, Motorola Solutions made their Tier 1 C A D, RMS and Mobile Reporting product available to the agency via a discounted rate and credit for payments previously made. The purc hase of this upgrade will also integrate with the software purc hased for the management of the Real Time C rime C enter. I t is important to ac hieving the best and most effective use of this sy stem that there is interoperability between the new Real Time Crime C enter, the new c itywide security c amera sy stem and the new phy sical sec urity acc ess control system. Finally, the proposal reflects a credit for payments previously made and also applies a c ustomer discount to reduc e the total purchase price. The police department has previously alloc ated funding for the C A D/RMS and Mobile Reporting project to augment the overall cost, which substantially reduces the annual pay ments. How will this affect city programs or services? This system is c ritical to safety of first responders and the public by trac king and providing critic al information when it's needed most. I n addition, the reliability and effic iency of public safety dispatc h management is dependent on a properly func tioning C A D/RMS and Mobile solution. Fiscal Impact: Non-budgeted See attached fixed cost summary c overing FY 20-26. Alternatives: I ncur the risk to employee and public safety by delay ing the proc urement. Strategic Plan: Page 982 of 1203 Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? No G rant Amount: Contracts Vendor Name: Motorola Solutions Start Date: 7/7/2020 End Date: 11/15/2025 Contract Value: $2,094,366.50 Minority Owned C ontractor?: No Extension Available?: Yes Extension Explanation: The term of this A greement begins on the Effective Date and continues for five (5) y ears (I nitial Term). Following the I nitial Term, this Agreement will automatic ally renew upon the anniversary date for suc cessive five (5) year periods. AT TAC H ME N TS : Type Desc ription Resolution Resolution authorizing the C ity Manager to proc ure Premier One thru Motorola Contract Motorola Premier One C AD/RMS Mobile Proposal Attachment C A D/RMS fixed c ost summary Page 983 of 1203 S:\CA\RESO\Agreements\Procure PremiereOne Cloud from Motorola (CAD and RMS) - Reso.docx RESOLUTION NO. R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO PROCURE FROM MOTOROLA SOLUTIONS 5 COMPANY THEIR PREMIERONE CLOUD HOSTED COMPUTER 6 AIDED DISPATCH (CAD), RECORDS MANAGEMENT SYSTEM 7 (RMS) AND MOBILE REPORTING SOLUTIONS AS WELL AS 8 ANCILLARY PRODUCTS AND SERVICES, AS DESCRIBED IN 9 THEIR PROPOSAL, FOR A COST OF $2,094,366.50; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, in November, 2017, the City of Boynton Beach entered into a contract 14 with Spillman Technologies, a Motorola Solutions Company, to provide their Tier 2 CAD, 15 RMS and Mobile Reporting solution as a result of RFP No. 007-2110-17/JMA for RFP for 16 “Public Safety Software"; and 17 WHEREAS, Staff has subsequently identified deficiencies in the Spillman product 18 that could not be overcome; and 19 WHEREAS, the CAD, RMS and Mobile Reporting software play a critical role in the 20 efficient operation of the public safety mission by collecting the details of 911 and non-21 emergency calls to help the general public and public safety personnel and the RMS and 22 Mobile Reporting software collects and serves as the repository for all information included 23 in official police reports; and 24 WHEREAS, as a result, Motorola Solutions made their Tier 1 CAD, RMS and Mobile 25 Reporting product available to the agency via a discounted rate and credit for payments 26 previously made which will allow the upgrade to integrate with the software purchased for the 27 management of the Real Time Crime Center. 28 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 29 recommendation of staff, deems it to be in the best interests of the City residents to authorize 30 the City Manager to procure from Motorola Solutions Company their PremierOne Cloud 31 hosted Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile 32 Page 984 of 1203 S:\CA\RESO\Agreements\Procure PremiereOne Cloud from Motorola (CAD and RMS) - Reso.docx Reporting solutions as well as ancillary products and services, as described in their 33 proposal, for a cost of $2,094,366.50. 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption 38 hereof. 39 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 40 approves and authorizes the City Manager to procure from Motorola Solutions Company their 41 PremierOne Cloud hosted Computer Aided Dispatch (CAD), Records Management System 42 (RMS) and Mobile Reporting solutions as well as ancillary products and services, as described 43 in their proposal, for a cost of $2,094,366.50, a copy of which proposal is attached hereto as 44 Exhibit “A.” 45 Section 3. This Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this _____ day of July, 2020. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor – Steven B. Grant _____ _____ 51 52 Vice Mayor – Ty Penserga _____ _____ 53 54 Commissioner – Justin Katz _____ _____ 55 56 Commissioner – Woodrow L. Hay _____ _____ 57 58 Commissioner – Christina L. Romelus _____ _____ 59 60 VOTE ______ 61 ATTEST: 62 63 _____________________________ 64 Crystal Gibson, MMC 65 City Clerk 66 67 (Corporate Seal) 68 Page 985 of 1203 The design, technical, pricing, and other information (“Information”) furnished with this submission is proprietary and/or trade secret information of Motorola Solutions, Inc. (“Motorola Solutions”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 20-PS-103506 / FLP19P267A CITY OF BOYNTON BEACH, FL PREMIERONE CAD, MOBILE, RECORDS, & RECORDS MOBILE SOLUTION MAY 28, 2020 20-PS-103506 / FLP19P267A Page 986 of 1203 Page 987 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Table of Contents i TABLE OF CONTENTS Section 1 System Description ......................................................................................................................... 1-1 1.1 System Overview ............................................................................................................. 1-1 1.2 Service Overview ............................................................................................................. 1-1 1.2.1 Participating Agencies ................................................................................................. 1-2 1.2.2 Service Sizing .............................................................................................................. 1-2 1.2.3 Client/Named User Subscription Licensing .................................................................. 1-2 1.2.4 System Interfaces and Integrations .............................................................................. 1-2 1.2.4.1 User Experience .................................................................................................. 1-6 1.2.4.2 Excluded Interfaces ............................................................................................. 1-6 1.2.5 PremierOne Virtual Application .................................................................................... 1-7 1.2.6 Business Intelligence (BI) Reporting ............................................................................ 1-7 1.3 Client/Communication Center Requirements ................................................................... 1-7 1.3.1 Cloud CAD Network Requirements .............................................................................. 1-7 1.3.2 Client Connection Requirements ................................................................................. 1-7 1.3.3 Client Workstation Requirements ................................................................................. 1-7 1.3.4 Ancillary components ................................................................................................... 1-8 1.3.5 Microsoft Active Directory Service ............................................................................... 1-8 1.3.5.1 PremierOne Cloud CAD and Records - Motorola Solutions Azure Government Cloud 1-8 1.3.6 Common Services ....................................................................................................... 1-9 1.3.7 Geographic Information System (GIS) ......................................................................... 1-9 1.3.8 System Access Security .............................................................................................. 1-9 1.3.9 PremierOne Cloud CAD and Records Cloud Recommended Specifications .............. 1-10 1.3.9.1 PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications .................................................................................................................... 1-10 1.3.9.2 PremierOne Records Workstation Recommended Specifications ...................... 1-11 1.4 Workstation Technical Considerations and Requirements ............................................. 1-11 1.4.1 Customer Responsibilities: ........................................................................................ 1-11 1.5 Application Descriptions ................................................................................................ 1-13 1.5.1 PremierOne Cloud CAD Concepts ............................................................................. 1-13 1.5.2 PremierOne Cloud CAD with Automatic Resource Location (ARL) ............................ 1-14 1.5.3 PremierOne Mobile with Mapping .............................................................................. 1-15 1.5.4 PremierOne Records ................................................................................................. 1-15 1.5.5 PremierOne Cloud Records Mobile ........................................................................... 1-15 1.5.6 PremierOne Handheld with Mapping ......................................................................... 1-15 Section 2 Statement of Work .......................................................................................................................... 2-1 2.1 PremierOne Cloud CAD and Records Statement of Work ............................................... 2-1 Page 988 of 1203 May 28, 2020 City of Boynton Beach, FL PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A ii Table of Contents Motorola Solutions 2.1.1 Award, Administration, and Project Initiation ................................................................ 2-1 2.2 Project Management Definitions ...................................................................................... 2-1 2.3 General Customer Responsibilities .................................................................................. 2-2 2.4 Project Roles and Responsibilities ................................................................................... 2-2 2.4.1 Motorola Project Roles and Responsibilities Overview ................................................ 2-2 2.4.1.1 Motorola Project Manager .................................................................................... 2-2 2.4.1.2 Motorola Application Specialist ............................................................................ 2-3 2.4.1.3 Motorola GIS Analyst ........................................................................................... 2-3 2.4.1.4 Motorola Solution Architect .................................................................................. 2-4 2.4.1.5 Motorola Customer Success Advocate ................................................................ 2-4 2.4.1.6 Motorola Customer Support Services Team ......................................................... 2-4 2.4.2 Recommended Customer Roles and Responsibilities .................................................. 2-4 2.4.2.1 Customer Project Manager .................................................................................. 2-4 2.4.2.2 Customer Transformation Lead ............................................................................ 2-5 2.4.2.3 Customer System Administrator ........................................................................... 2-5 2.4.2.4 Customer IT Personnel ........................................................................................ 2-5 2.4.2.5 Customer CAD Application Administrator ............................................................. 2-5 2.4.2.6 Customer Records Application Administrator ....................................................... 2-6 2.4.2.7 Customer GIS Analyst .......................................................................................... 2-6 2.4.2.8 Subject Matter Experts ......................................................................................... 2-6 2.4.2.9 Customer Training Representative ....................................................................... 2-7 2.4.2.10 Additional Resources .......................................................................................... 2-7 2.4.2.11 Customer Agency Stakeholders .......................................................................... 2-7 2.5 Project Initiation and Planning ......................................................................................... 2-7 2.5.1 Project Planning Session - Teleconference/Web Meeting ............................................ 2-7 2.6 Project Kickoff Session - Teleconference/Web Meeting ................................................... 2-8 2.7 GIS Planning Session - Teleconference/Web Meeting .................................................... 2-9 2.8 Interface Planning Session - Teleconference/Web Meeting ........................................... 2-10 2.9 Connectivity Planning Session - Teleconference / Web Meeting ................................... 2-10 2.10 Cloud Service Delivery .................................................................................................. 2-11 2.11 Business Process Review (BPR) ................................................................................... 2-12 2.12 PremierOne Agency Build Guide ................................................................................... 2-14 2.13 CAD Provisioning .......................................................................................................... 2-14 2.14 Cloud Records Provisioning .......................................................................................... 2-15 2.15 FLORIDA INCIDENT BASED REPORTING (FL-IBR)/INTERFACE ............................... 2-17 2.16 Crash Report (TAR) ....................................................................................................... 2-17 2.17 GIS Scope Review ........................................................................................................ 2-18 2.18 GIS Boundaries Meeting ................................................................................................ 2-19 2.19 GIS CheckPoint Meetings .............................................................................................. 2-19 2.20 PremierOne GIS Draft Geodatabase ............................................................................. 2-20 2.21 PremierOne Cloud CAD and Records Functional Validation Review ............................. 2-21 2.22 Client Installation ........................................................................................................... 2-22 Page 989 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Table of Contents iii 2.23 PremierOne Cloud CAD Provisioning Workshop ........................................................... 2-22 2.24 PremierOne Cloud CAD - CC Reporting ........................................................................ 2-23 2.25 PremierOne Records Reports........................................................................................ 2-23 2.26 PremierOne CAD and Records Cloud Go Live .............................................................. 2-24 2.27 PremierOne Cloud CAD and Records Go Live Planning ................................................ 2-24 2.28 Motorola Support Engagement ...................................................................................... 2-24 2.29 PremierOne Cloud CAD and Records Go Live Event .................................................... 2-25 2.30 PremierOne Cloud Interface Delivery ............................................................................ 2-25 2.30.1 Interface Deployment ............................................................................................. 2-26 2.30.2 Interface Validation Demonstration ........................................................................ 2-26 2.31 PremierOne Training ..................................................................................................... 2-27 2.32 Project Controlling Processes ........................................................................................ 2-28 2.32.1 Project Repository and Project Control Register .................................................... 2-28 2.32.2 Schedule Management .......................................................................................... 2-28 2.32.2.1 Project Milestones ............................................................................................. 2-29 2.32.2.2 Schedule Control .............................................................................................. 2-29 2.32.3 Communication Management ................................................................................ 2-30 2.32.3.1 Communication Management Plan ................................................................... 2-30 2.32.3.2 Project Meetings ............................................................................................... 2-30 2.32.3.3 Project Communication Tools and Documentation ............................................ 2-30 2.32.4 Project Escalation Process .................................................................................... 2-30 2.32.4.1 Motorola Solutions Escalation Process ............................................................. 2-31 2.32.5 Risk Management .................................................................................................. 2-31 2.32.5.1 Risk Management Plan ..................................................................................... 2-31 2.32.6 Action Items ........................................................................................................... 2-32 2.32.7 Change Control ...................................................................................................... 2-33 2.32.7.1 Change Request Procedure .............................................................................. 2-33 2.32.7.2 Change Control Process ................................................................................... 2-34 2.33 Project Closure .............................................................................................................. 2-34 2.34 Documentation .............................................................................................................. 2-34 2.35 Transition to Support ..................................................................................................... 2-35 Section 3 Training Plan................................................................................................................................... 3-1 3.1 Course Listing ................................................................................................................. 3-1 3.2 Training Overview ............................................................................................................ 3-2 3.2.1 System Administrator ................................................................................................... 3-2 3.2.2 Training Facilities and Schedules ................................................................................ 3-2 3.2.3 Training Methods and Procedures ............................................................................... 3-2 3.2.4 Session Attendance ..................................................................................................... 3-3 3.3 Course Descriptions ........................................................................................................ 3-4 Page 990 of 1203 May 28, 2020 City of Boynton Beach, FL PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A iv Table of Contents Motorola Solutions Section 4 PremierOne GIS Requirements ...................................................................................................... 4-1 4.1 Overview ......................................................................................................................... 4-1 4.2 PremierOne Services Geodatabase ................................................................................ 4-1 4.3 GIS Data Requirements and Recommendations ............................................................. 4-1 4.4 GIS Data Supported by PremierOne Services ................................................................. 4-2 4.4.1 Street Centerline .......................................................................................................... 4-2 4.4.2 Street Name Alias Table .............................................................................................. 4-4 4.4.3 Street Name Standardization Exceptions Table ........................................................... 4-5 4.4.4 Location Point Layer Requirements ............................................................................. 4-5 4.4.4.1 Address Point Feature ......................................................................................... 4-5 4.4.4.2 Common Place Point Feature .............................................................................. 4-6 4.4.4.3 Common Place Alias Table .................................................................................. 4-8 4.4.5 Response Boundaries ................................................................................................. 4-8 4.4.6 Reporting District Boundaries ...................................................................................... 4-9 4.4.7 Contractor Boundaries ................................................................................................. 4-9 4.4.8 Map Book Features ..................................................................................................... 4-9 4.4.9 Premise Hazard Areas ............................................................................................... 4-10 4.4.10 Map Display ........................................................................................................... 4-10 4.4.11 2D Indoor Map Requirements ................................................................................ 4-10 4.4.12 Universal Map Local External Resource Link Requirements .................................. 4-14 Section 5 Proposal Pricing .............................................................................................................................. 5-1 5.1 PremierOne Cloud CAD and Mobile with PremierOne Cloud Records ............................. 5-1 Section 6 PremierOne Data Sheets ................................................................................................................ 6-2 Section 7 PSA System Agreement ................................................................................................................. 7-1 Section 8 Appendix A - PremierOne CAD File Build ....................................................................................... 8-1 Page 991 of 1203 Motorola Solutions, Inc., Enterprise & Mobility Solutions 7237 Church Ranch Blvd. Suite 406, Westminster CO 80021 U.S.A. Tel: +1 303 527 4000 May 28, 2020 Michael Gregory, Chief of Police City of Boynton Beach, FL 209 N. Seacrest Blvd. Boynton Beach, FL 33435-4074 Re: Proposal 20-PS-103506 / FLP19P267A Solution (“Proposal”) Dear Chief Gregory: Motorola Solutions, Inc. (“Motorola”) is pleased to provide the attached Proposal to City of Boynton Beach, FL for a PremierOne Cloud CAD, PremierOne Cloud Records and PremierOne Mobile for Cloud CAD solution. A complete description and statement of work is included. This Proposal is valid for 180 days from the date of this letter and is subject to the terms and cond the attached System Agreement. might have regarding this Proposal. Consultant listed below. Motorola appreciates your consideration of this Proposal and hopes you will find it acceptable. Motorola would be pleased to address any concerns you might have and we look forward to receiving your response. Please feel free to contact your joe.friedman@motorolasolutions.com McCall, (352) 516-0228, Clark.Mccall@motorolasolutions.com Sincerely, Motorola Solutions, Inc. Chris Carroll MSSSI Vice President and Director, Sales Software Enterprise – PremierOne Public Safety Applications Enterprise & Mobility Solutions 7237 Church Ranch Blvd. Suite 406, Westminster CO 80021 U.S.A. Tel: +1 303 527 4000 Michael Gregory, Chief of Police 4074 103506 / FLP19P267A for PremierOne CAD, Mobile, Records, & Records Mobile Motorola Solutions, Inc. (“Motorola”) is pleased to provide the attached Proposal to City of Boynton a PremierOne Cloud CAD, PremierOne Cloud Records and PremierOne Mobile for Cloud solution. A complete description and statement of work is included. This Proposal is valid for 180 days from the date of this letter and is subject to the terms and cond the attached System Agreement. Alternatively, Motorola would be pleased to address any concerns you might have regarding this Proposal. Please send your order to your Motorola Public Safety Solutions your consideration of this Proposal and hopes you will find it acceptable. Motorola would be pleased to address any concerns you might have and we look forward to receiving your Please feel free to contact your Sr. Account Manager, Joe Friedman, (954) 324 joe.friedman@motorolasolutions.com; or your Motorola Public Safety Solutions Sales Clark.Mccall@motorolasolutions.com with any questions. MSSSI Vice President and Director, Sales PremierOne Public Safety Applications PremierOne CAD, Mobile, Records, & Records Mobile Motorola Solutions, Inc. (“Motorola”) is pleased to provide the attached Proposal to City of Boynton a PremierOne Cloud CAD, PremierOne Cloud Records and PremierOne Mobile for Cloud This Proposal is valid for 180 days from the date of this letter and is subject to the terms and cond itions of Alternatively, Motorola would be pleased to address any concerns you Please send your order to your Motorola Public Safety Solutions your consideration of this Proposal and hopes you will find it acceptable. Motorola would be pleased to address any concerns you might have and we look forward to receiving your (954) 324-7199, Sales Consultant, Clark with any questions. Page 992 of 1203 Page 993 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-1 SECTION 1 SYSTEM DESCRIPTION 1.1 SYSTEM OVERVIEW Motorola is pleased to present the enclosed proposal for a PremierOne Cloud solution for the City of Boynton Beach. The proposal includes PremierOne Cloud CAD, PremierOne Cloud Records and PremierOne Mobile for Cloud solution that is based upon a five (5) year subscription-pricing model. The Software as a Service (SaaS) is hosted out of a Microsoft Azure Government Cloud region. The Motorola Product Management team continuously evaluates the industry, competition and customer needs to determine the development direction of our products. Our team continuously prioritizes the customer requests, technology advancements, security standards and market needs by the highest value to our customer base. We take an agile approach to developing our products which means that we add and change functionality to perform best in our new platforms. Our current strategy for the products is to increase our customer’s delight in the product functionality and performance but also to expand the scalability of the products and allow flexibility for customers to deploy options. As we continue to develop these products, the user interface will change and functionality will have a different look and feel. At the point when our new product platforms meet the functional needs of Boynton Beach, we will work with the City to schedule migration to them. At the writing of this proposal, a specific timeline for new product availability is not available, however we will continue to meet and review new releases with the City as they become available. 1.2 SERVICE OVERVIEW 1. Motorola is pleased to present the following system for the City of Boynton Beach, FL (hereinafter referred to as the “Customer”). 2. Motorola’s offering consists of PremierOne Cloud CAD, PremierOne Mobile/Handheld for Cloud CAD, and PremierOne Cloud Records. 3. As the PremierOne Cloud Suite evolves, Boynton Beach will benefit from additional capabilities. It will not be configured as a “suite”. This means that the PremierOne CAD Mobile and PremierOne Records mobile applications will not have working “in suite” integrations or have Common Services. 4. The Software as a Service (SaaS) is hosted out of a Microsoft Azure Government cloud region and is accessed by the end user via an HTML5 compliant browser. The service provided manages and maintains all Azure components necessary to effect proper operations of the environment and monitoring of the environment for alarms. The Azure Gov cloud achieves high availability and data resiliency by spreading the workload across multiple physical data centers and locations. 5. This is then combined with a Customer provided Microsoft Active Directory Azure sync from the on premise environment to a Customer owned Azure tenant to maintain single user identity and password management for users. 6. Finally, where necessary, an on premise hardware device generally consisting of a VPN endpoint and a Windows server, is provided to connect on premise legacy external services such as state query, 911 interfaces, and the like, to the cloud interface endpoint. Page 994 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-2 System Description Motorola Solutions 1.2.1 Participating Agencies The designated agencies participating in the CAD Service are: Boynton Beach Police Department Boynton Beach Fire Department 1.2.2 Service Sizing Motorola’s Cloud CAD Service provides for the following: Up to 500,000 CAD Calls for Service per year 1.2.3 Client/Named User Subscription Licensing The following table summarizes the number of named users and physical devices that will have the right to access the PremierOne client application software service for all agencies listed in Participating Agencies. A Named User is defined as any individual that needs a unique log on User ID and Password for access to the service. Table 1-1 – Client/Named User Subscription Licensing Count PremierOne Cloud CAD Dispatch with Mapping (subscription) 6 PremierOne Cloud CAD - View Only Use (subscription) 2 Cloud CAD Named Users 31 PremierOne Mobile with Mapping (subscription) 32 PremierOne Records (subscription) 51 PremierOne Records Mobile (subscription) 32 PremierOne Mobile Named Users 160 Records Named Users (Desktop and Mobile) 193 The following applications and service components are included in this service: 1.2.4 System Interfaces and Integrations The table below lists the specific interfaces included in our offer. Interface Feature Descriptions (IFD) are listed in the table below. The IFD details the specific features and functionality of the interface and describes the implementation process and responsibilities of the involved parties. Any requests for change to the IFD following contract is subject to review and consideration through the Change Order mechanism of the Agreement. Page 995 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-3 Table 2-1 - System Interfaces and Integration Interface or Integration Name Feature Description NG-E911 ANI/ALI The Interface allows Automatic Number Identification (ANI) and Automatic Location Identification (ALI) information to be passed from the 911 system to PremierOne CAD, so Call Takers have the essential data to initiate a call. When the 911 system receives the ANI/ALI data feed from the provider, it passes it to PremierOne CAD, via a Lantronix device. When the call is picked up by a Call Taker, the call handling system determines the call position and routes the parsed data to the associated PremierOne CAD Workstation, where the data is displayed in the Incident Initiation form. If the E911 telephone system supports the Telecommunications Device for the Deaf (TDD) over the ANI/ALI Interface, PremierOne can associate the transcripts of the conversation with an incident. This occurs when the call is disconnected from the phone system. The interaction between the call taker and the caller occurs on the phone system. The phone system will be used to view whatever the caller is saying and to type responses. Upon the phone system sending a disconnect message to PremierOne CAD, PremierOne CAD prompts the call taker to enter an incident number to which to attach the TDD conversation. ProQA Priority Dispatch’s ProQA software automates the process of determining an incident type for emergency calls and provides approved pre-arrival instructions. The series of questions used to determine scene status is called a “protocol. ProQA provides protocols for three public safety disciplines: Medical, Fire and Police. Based on the answers to the questions in the protocol, ProQA provides a determinant code that dispatch uses to send the appropriate response. The ProQA Paramount Interface integrates ProQA with Computer Aided Dispatch (CAD) to streamline the process of gathering and disseminating information from the caller. Florida TRaCS Accident Reporting The Interface allows third-party systems to push accident information to the PremierOne Records Management System. The information received will be used to create accident documents. Respective people and vehicle information will be pushed to the people and vehicle master indexes. The Accident Application can provide the accident data in either xml or JSON format. The PremierOne Interface will use this data to create the Accident Document and place it in the Records pipeline. The PremierOne Records system will handle the processing of the document in the Records system. PremierOne Records will handle Accident Application code reference data transformation by adding attributes to the PremierOne Records code tables. Specific accident data elements can be written to the PremierOne Records Central Indices; this allows the data to be pulled forward into other PremierOne Records documents. For example, people demographic fields can be mapped to the People Master Index, making it searchable and be able to “Pull-Forward” into PremierOne Records documents. Translation of the data received by Motorola is performed by Motorola. If a field is a pick-list (e.g. Incident Type code) on the third party vendor side, Motorola must be provided all possible values in order to translate against PremierOne Records. Page 996 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-4 System Description Motorola Solutions Interface or Integration Name Feature Description Florida TRaCS Citations The Interface allows third-party citation systems to provide citation information to the PremierOne Records Management System. The Records System uses this information to create a citation document and make the data available for querying and reporting from within the PremierOne Records client. The third-party citation system can provide the citation data in either xml or JSON format. The PremierOne Interface will use this data to create the Citation Document and place it in the Records pipeline. The PremierOne Records system will handle the processing of the document in the Records system. PremierOne Records handles third-party citation system reference data transformation by adding attributes to the PremierOne Records code tables. Specific citation data elements can be written to the PremierOne Records Central Index. This allow the data to be pulled forward into other PremierOne Records documents. For example, people demographic fields can be mapped to the People Master Index, making it searchable and be able to “Pull-Forward” into Records documents. The scope of the interface implementation is limited to the fields available in the base module and for adding up to 50 fields to the base module. State Query (FCIC/NCIC) The Interface allows CAD users to submit transactions to State and Federal systems, via the State Message Switch. These transactions are most typically ones that perform inquiries, although transactions that enter, modify, locate, and clear information are also possible. The State Message Switch provides links to State systems like Department of Motor Vehicles (DMV) and national law enforcement systems like National Crime Information Center (NCIC). Query requests made on CommandCentral CAD or Mobile clients will be translated to XML messages and passed on to the CommSys ConnectCIC. to handle the State connection and translate the messages to the query strings required by the State. The State Message Switch forwards the request to the appropriate system. When a response is received, ConnectCIC parses and returns the response back to CommandCentral Interface as an XML message. The interface parses the response and forwards it to CommandCentral Messaging Service, which handles the routing of the query response to the requestor. FireWorks Fire Records CFS Feed The CAD Calls for Service Interface will create new message objects that will export as a file to the third party vendor server. The third party will pick up the file and process them and populate the third party system. The third party vendor system is responsible for reading, parsing, deleting, or moving these files. The CAD Calls for Service Interface will create files based on the following event changes: Incident Open, Incident Update, Incident Close. The data exported from PremierOne CAD takes approximately 30 seconds from the time the event in the CAD system occurs. Translation of the data sent by Motorola is performed by Motorola. If a field is a pick-list (e.g. Incident Type code) on the third party vendor side, Motorola must be provided all possible values in order to translate against PremierOne CAD. Processing of the files in the correct order, and duplicate processing are the responsibility of the third party vendor. A date time stamp will be included in the file name provided by the PremierOne Interface. Page 997 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-5 Interface or Integration Name Feature Description SafetyPad EMS CFS Feed The CAD Calls for Service Interface will create new message objects that will export as a file to the third party vendor server. The third party will pick up the file and process them and populate the third party system. The third party vendor system is responsible for reading, parsing, deleting, or moving these files. The CAD Calls for Service Interface will create files based on the following event changes: Incident Open, Incident Update, Incident Close. The data exported from PremierOne CAD takes approximately 30 seconds from the time the event in the CAD system occurs. Translation of the data sent by Motorola is performed by Motorola. If a field is a pick-list (e.g. Incident Type code) on the third party vendor side, Motorola must be provided all possible values in order to translate against PremierOne CAD. Processing of the files in the correct order, and duplicate processing are the responsibility of the third party vendor. A date time stamp will be included in the file name provided by the PremierOne Interface. UCR/IBR The PremierOne Records system allows Florida agencies to generate Florida IBR submission files according to the state specifications. The software includes submission of IBR and Use of Force at this time. An interface to LinX is not included. LEX FINDER (RDW data out) The PremierOne Records Interface will create new message objects that will export as a file to the third party vendor server. The third party will pick up the file and process them and populate the third party system. The third party vendor system is responsible for reading, parsing, deleting, or moving these files. The PremierOne Records Interface will create files when the PremierOne Records user has entered all of the required data, saved and closes a valid records document. A valid records document is a document that is not in draft form. Translation of the data sent by Motorola is performed by Motorola. If a field is a pick-list on the third party vendor side, Motorola must be provided all possible values in order to translate against PremierOne Records System. Processing of the files in the correct order, and duplicate processing are the responsibility of the third party vendor. A date time stamp will be included in the file name provided by the Interface. LexisNexis (ATACRAIDS) - (RDW data Out) The PremierOne Records Interface will create new message objects that will export as a file to the third party vendor server. The third party will pick up the file and process them and populate the third party system. The third party vendor system is responsible for reading, parsing, deleting, or moving these files. The PremierOne Records Interface will create files when the PremierOne Records user has entered all of the required data, saved and closes a valid records document. A valid records document is a document that is not in draft form. Translation of the data sent by Motorola is performed by Motorola. If a field is a pick-list on the third party vendor side, Motorola must be provided all possible values in order to translate against PremierOne Records System. Processing of the files in the correct order, and duplicate processing are the responsibility of the third party vendor. A date time stamp will be included in the file name provided by the Interface. Page 998 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-6 System Description Motorola Solutions 1.2.4.1 User Experience The table below provides a list of the specific integrations and interfaces included in our solution as well as: description of user experience, indication of data direction and where they are installed: Data Direction: Outbound (O) = The Motorola system will send data to an external receiver. Inbound (I) = The Motorola system will receive data from an external source. Bi-directional (B) = The Motorola system will send data to an external receiver and receive data from an external source. Installation Point: Primary System (P) Client (C) Interface technical information, inclusive of data elements, will be provided prior to contract. Table 2-2 - System Interfaces and Integrations Interface or Integration Name Product Data Direction Installation Point NG-E911 ANI/ALI CAD I P ProQA CAD I C Florida TRaCS Accidents Records I P Florida TRaCS Citation Records I P State Query (FCIC/NCIC) CAD B P FireWorks Fire Records CFS Feed CAD O P SafetyPad EMS CFS Feed CAD O P UCR/IBR Records O P LEX FINDER (RDW data out) Records O P LexisNexis (ATACRAIDS) - (RDW data Out) Records O P 1.2.4.2 Excluded Interfaces The following interfaces identified are not included in the system: Zetron Fire Station Alerting Total Response Q&A Records external query Records FCIC/NCIC queries As additional interfaces can be supported with PremierOne Cloud CAD and Records, we will inform the Customer. Page 999 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-7 1.2.5 PremierOne Virtual Application Motorola will provide logins to the PremierOne virtual clients for users to connect to the solution. The number of logins will correlate with the number of named user accounts listed in this offer. A local software service is downloaded to a user's client device to identify that device as authorized for system access and to enable client-side interfaces. Users access the PremierOne application via a web browser and PremierOne is presented to the user as a virtual application. 1.2.6 Business Intelligence (BI) Reporting Motorola will provide reporting insights through a curated library of ready to use reports that can be personalized for your agency and user needs. Reporting styles include consolidated and integrated dashboards, responsive tabular data views, and paginated output. Agencies will be able to share reports and report output, and quickly access favorite and recent reports. Reporting leverages secure, modern, scalable, managed infrastructure that isolates reporting workloads from your CAD solution, ensuring high performance. 1.3 CLIENT/COMMUNICATION CENTER REQUIREMENTS 1.3.1 Cloud CAD Network Requirements Multiple paths are preferred for the PremierOne CAD Cloud Service. ISP connectivity to the Azure Public Edge is required for the CAD and mobile client connectivity. The Agency is responsible for providing all connections to the cloud. 1.3.2 Client Connection Requirements The customer provided connection must meet the following requirements: Stable internet connection Small Jitter (packet delay variation) - below 200ms, recommended <30ms Small Ping - below 100ms, recommended <20ms Small Packet Loss - no more than 1% Bandwidth: 5 Mbps 1.3.3 Client Workstation Requirements Windows 10 workstations (Thin Clients are acceptable but may not provide the external system access Customer desires.) Monitor(s) – two or three with recommended resolution 1920 x 1080 Page 1000 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-8 System Description Motorola Solutions 1.3.4 Ancillary components The following table lists the type, number and who is providing these ancillary items: Table 1-3 - Ancillary Components Description Details Customer Provided Motorola Provided Quantity GIS Editing Software 10.6.1 of Esri ArcGIS Desktop and Network Analyst extension software X Client Access Licenses Microsoft Windows Server 2016 X 1 Per Client Refer to Microsoft Website for Guidance CommSys ConnectCIC Enables State Queries X 1 FortiGate Network Devices Provides server component isolation from other systems within the Customer’s data center by means of a firewall router. X 2 HPe DL360c Gen10 w/dual Xeon Gold 6146, 384 GB RAM, 2 NIC, 2 x 8GB microSD Host Server X 1 1.3.5 Microsoft Active Directory Service 1.3.5.1 PremierOne Cloud CAD and Records - Motorola Solutions Azure Government Cloud If desired, Boynton Beach can provide Microsoft Active Directory Azure sync from the on premise Active Directory environment to the Motorola Solutions Azure tenant to maintain single user identity and password management for users. Figure 1-1: Customer Active Directory Sync to Azure Page 1001 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-9 1.3.6 Common Services PremierOne Cloud CAD and PremierOne Cloud Records will not be configured in a “suite”. This means that the PremierOne CAD Mobile and PremierOne Records mobile applications will not have working “in suite” integrations and there will not be Common Services that can be shared by CAD and Records. Common Services provides system administrators the flexibility to manage internal services throughout the platform from a single point. Each system or service has Common Services which include GIS, System Security, Reporting, and the system tools for provisioning. 1.3.7 Geographic Information System (GIS) Geo-spatial data is uploaded to the system through tools implemented within Esri ArcGIS. Address validation data is maintained in redundant Microsoft SQL Server geodatabases that store locations and boundaries both spatially and in optimized search tables. Esri ArcGIS Servers provide routing and ETA calculations using the Network Analyst extension. Client maps are displayed using Esri ArcGIS Engine. The system uses GIS for display, location validation, and unit recommendation. The system’s tools made available for ArcTool box, provides the ability to load local data manually or through an automated model. The system’s Response Boundary Data Import Tool imports and aggregates boundaries in multiple layers into a single spatial table within the geodatabase for support of multi-agency / multi-jurisdictional scenarios. GIS data is a required key component of a system deployment. GIS provides the mechanism for location validation and recommendation for response. System conformant and geographically accurate GIS data is required for the proper operation of the system. It is the Customer’s responsibility to provide complete and accurate GIS data that conforms to the PremierOne GIS Data Requirements as noted in Section 5 for use in PremierOne. Each agency being added to the system must have their geographic coverage included in the single geodatabase imported into CAD and separately, Records. The use of remote and/or Esri Online services is not supported. Motorola is not responsible for map availability or any degradation of client performance caused by the use of third party hosted internet map services; as these services are outside the domain of the system infrastructure and are not managed by Motorola. The system is a mission critical application that must control the import/access of the GIS data. 1.3.8 System Access Security The system is deployed within its own Microsoft Active Directory (AD) domain in its own local area network. Active Directory Domain Controllers authenticate and authorize users to perform actions within the domain making sure authorized users have appropriate access to data and services. The system user provisioning environment can be setup to query your AD environment (using LDAP or AD Azure sync) allowing for a single point of user and password management across all applications. PremierOne Mobile Network Requirements PremierOne Mobile functionality is designed for 3G and 4G networks. 3G network connectivity is required but 4G connectivity is highly recommended. The Customer will need to provide 3G/4G wireless network infrastructure and connectivity with routing between the Mobile clients and the cloud. Page 1002 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-10 System Description Motorola Solutions Records Mobile Network Requirements Records Mobile is designed for 3G and 4G networks. 3G network connectivity is required and 4G connectivity is highly recommended. The Customer will need to provide 3G/4G wireless network infrastructure and connectivity with routing between the Mobile clients and both the primary and disaster recovery site. Mobile workstations require a persistent IP address from the time the application is opened to the time the application is closed. A persistent IP address can be accommodated in many ways including static IP, DHCP reservation, permanent DHCP lease, or with middleware such as RadioIP and NetMotion. The Customer will need to supply IP addresses for Mobile clients. Motorola encourages the Customer to test and evaluate the level of service being provided by their carriers on a regular basis to validate mobile applications that are not affected by provider changes. 1.3.9 PremierOne Cloud CAD and Records Cloud Recommended Specifications Motorola will provide logins to the PremierOne virtual clients for users to connect to the solution. The number of logins will correlate with the number of named user accounts listed in this offer. A local software service is downloaded to a user's client device to identify that device as authorized for system access and to enable client-side interfaces. Users access the PremierOne application via a web browser and PremierOne is presented to the user as a virtual application. This connection must meet the following requirements: Stable internet connection Small Jitter (packet delay variation) - below 200ms, recommended <60ms Small Ping - below 100ms, recommended <20ms Small Packet Loss - no more than 1% Bandwidth: 1 Mbps per client Table 1-10 - PremierOne Cloud CAD & Records Workstation Recommended Specifications Component Description Operating System Windows 10 Professional Display Three (3) – 1024 x 768+ pixel, 16+ bit color displays Keyboard QWERTY Keyboard with 12 function keys 1.3.9.1 PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications Table 1-11 - PremierOne Mobile CAD and Records Mobile Workstation Recommended Specifications Component Description Processor Intel i3, i5, or i7 2.6 GHz dual core processor RAM Memory 16 GB memory Available Disk Space 20 GB available disk space Operating System Windows 10 Professional 64-bit Page 1003 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-11 Component Description Network Interface Card Radio / Wireless communications device, 3G or 4G network Display One (1) – 1024 x 768+ pixel, 16+ bit color display, 11.6” or larger display. Usage on devices with alternative resolutions and smaller screens should be tested and screen settings optimized. Example: On a 10.1” WUXGA screen, use a resolution of 1280 x 800 and a font size of 125%. Keyboard Standard QWERTY keyboard and Touchpad / Point Stick (or equivalent mouse device) Touchscreen Optional Graphics Adaptor Video processor with at least 256 MB RAM, 24-bit capable graphics accelerator, OpenGL v2.0 runtime or higher. Latest available drivers. Shader Model 3.0 or higher is recommended. Adobe PDF reader (for help files) Additional Applications Microsoft .Net Framework v4.8 and above Adobe PDF reader (for help files) SQL Server Express 2017 1.3.9.2 PremierOne Records Workstation Recommended Specifications Table 1-12 -PremierOne Records Workstation Recommended Specifications Component Description Processor Intel® Dual Core (2.8 GHz) RAM Memory 16 GB memory Display 1024 X 768 or higher pixel, 16+ bit color display Keyboard-Mouse QWERTY Keyboard The following .net Framework versions are both required in the workstations of any PremierOne client application: Microsoft .Net Framework v3.5.1 SP1 and Microsoft .Net Framework v4. 8.. 1.4 WORKSTATION TECHNICAL CONSIDERATIONS AND REQUIREMENTS 1.4.1 Customer Responsibilities: 1. Supply hardware, operating system software, third party components and other elements of the system not specifically identified as being provided by Motorola. 2. Supply Windows Server Client Access Licenses (CALs) for all system client devices accessing CAD, CAD Mobile, and Records. 3. Supply Mobile Device Management (MDM) software for Handheld devices. 4. Supply Mobile Device Management (MDM) software for Mobile devices, as desired by the Customer. Page 1004 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-12 System Description Motorola Solutions 5. For Records, unless and/or except as explicitly stated in this document, this system does not include the generation of any customer-specific Advanced Configuration Tool (ACT) modules, forms, printouts, reports or queries. 6. Provide a single geodatabase data including any preparation and/or editing, if necessary, to meet PremierOne GIS Build Requirements for the purpose of address validation. 7. Supply the Esri ArcGIS Desktop and Network Analyst extension software required for editing of GIS data as described in Table 1-3 - Ancillary Components. 8. Provide cloud connectivity services for desktop CAD and Records user clients per specifications. 9. Provide wireless connectivity and middleware to deliver mobile Virtual Private Network (mVPN) with routing and IP persistence to the system network. Optimal system application performance on mobile workstations requires 4G connectivity. 10. Provide advanced authentication for Mobile/Handheld device connectivity if required. 11. Provide network connectivity to clients as specified in the Network Requirements. Networking hardware for the connectivity outside the system LAN must be provided by the Customer. 12. Provide a network diagram depicting all the devices, device types, and interfaces that the system will connect to and through, including, but not limited to all blocked ports, hubs, switches, routers, firewalls, and any other network equipment. 13. Provide IP addresses on the Customer’s network for the system servers and third-party application servers. All server names and IP addresses behind Motorola Firewalls cannot be changed. 14. Provide external interface connection demarcation points at locations agreed to by Motorola. These locations shall normally be adjacent to the cloud interface appliance. 15. Provide access, administrative or otherwise, to appropriate systems, locations, information, tools, and equipment to ensure proper connectivity, installation, operations, and maintenance of the system. 16. Provide 24-hour access to a secured two-way Internet connection to the cloud interface appliance and firewalls for the purposes of deployment, maintenance and monitoring. 17. Provide for outbound Internet connectivity initialized by cloud interface appliance. 18. The Motorola delivery model is reliant upon our ability to perform most tasks remotely, which requires secure, remote broadband access for remote deployment, monitoring and support of the cloud interface appliance. Customer-provided high-speed internet access with a minimum of 10 Mbps is required at the time of project kickoff and must remain available to Motorola throughout warranty and support periods to accommodate remote support of the system. In the event that dedicated links are required, a minimum of 7.5 Mbps upload and download access is required. It is the Customer's responsibility to ensure that the aforementioned capacity is available. In the event remote broadband access is not available to Motorola preventing us from delivering the contracted service remotely, Motorola will provide service on-site at additional cost. The additional cost will be presented to the Customer via the change provision of the contract prior to the delivery of the on-site service. 19. Provide, install, maintain and service any software as required for anti-viral, anti-malware protection on workstations that access the system. If the software requires connectivity to a central server for maintenance and updates, the connectivity including ports and access needs to be provided. Page 1005 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-13 20. Provide clean printed copies of blank forms. The creation of printed forms and reports has been quoted assuming clean, printed copies of blank forms and reports are available. If forms and reports are not provided in a format that can be scanned to produce an acceptable printed copy, additional services may be required resulting in additional charges that are the responsibility of the Customer. 1.5 APPLICATION DESCRIPTIONS The following sections provide brief descriptions of PremierOne Cloud CAD, PremierOne Mobile, and Records, applications and other system applications. The system is a Commercially Off the Shelf (COTS) product. As such, no software development to the application framework is provided. 1.5.1 PremierOne Cloud CAD Concepts User Input Users may operate PremierOne CAD either with or without a mouse. While all commands and actions within the application can be accessed with the mouse, users also may drive PremierOne CAD almost exclusively from the keyboard. A few PremierOne CAD functions, such as selecting units from a map, must be performed with a mouse. Work and Status Monitors Users perform the majority of actions within PremierOne CAD’s work monitor. Status monitors present summary information about incidents or units. A user may have one or more status monitor windows available at the workstation. Security and Roles PremierOne CAD recognizes authorized users and provide access to individually authorized functions at the time of sign-on. To facilitate these responsibilities, access rights and permissions are associated with the various functions available within PremierOne CAD. A role is a set of specified privileges which provide access to data, commands, forms, devices, and functions. Each user and device is assigned to one or more of the default of Customer created roles. Units, Incidents and Dispatching A unit within PremierOne CAD represents the resources which are dispatched or monitored by the communications center personnel. All units in the system are identified with a unit id which is typically the radio call sign for the unit. Users can initiate incidents from the command line or from the incident initiation form. The system provides a user with four methods to begin the incident dispatching process. These four methods include: Dispatch incident function key Incident dispatch command Dispatch form Drag and drop feature within status monitors and map. Incident Management In addition to initiating and dispatching incidents, users can manage existing incidents through the various incident management features of PremierOne CAD: Page 1006 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-14 System Description Motorola Solutions Updating existing incident information Associating incidents Disassociating incidents Cloning incidents Closing incidents Reopening incidents Displaying a summary list of incidents Searching for incidents Unit Management Users have the ability to monitor and maintain the current activities for each unit through the various unit management features: View and update unit assignment data Make unit status changes View a unit’s history View the current activities for a unit Clear units from an incident Manipulate units that are assigned to incidents PremierOne CAD can alter a unit’s capabilities based on the personnel assigned to that unit. Federal and State Queries PremierOne allows users to submit requests for information to FCIC/NCIC databases. External databases all have their own data formats and respond to submitted queries with one or more responses. Maps PremierOne mapping utilizes products from Environmental Systems Research Institute (Esri) for geo- processing. The display of maps is an integrated component within PremierOne. The map may be configured to automatically display when the user signs on to the workstation. A number of commands and functions allow the user to manipulate the map and make updates in response to user actions. The map may be configured to display an icon at this location to assist the call taker in determining the location at which an emergency response is required. The system also attempts to find the nearest address/common place to the caller coordinates Mail & Messaging Services The mail and messaging functionalities of PremierOne CAD allow users to exchange and distribute electronic mail and messages within the dispatch center and to units equipped with MDTs 1.5.2 PremierOne Cloud CAD with Automatic Resource Location (ARL) Motorola has designed PremierOne CAD to be the central convergence point for communications from multiple sources and systems, mission-critical information and resource management. The user interface offers quick access to information via a location-based, Esri standard GIS map. Users perform commands and functions using a mouse, command lines, function keys, shortcuts, or user definable right click menus. The GPS-aided resource management tool displays the location and identity of GPS equipped vehicles. If deploying PremierOne Responder Location, personnel through the use of GPS and data equipped radios enables a coordinated response while further supporting officer safety. Page 1007 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions System Description 1-15 In PremierOne CAD, ARL is used in recommendations to track the location of emergency vehicles to determine their present location when requiring units to respond to an incident. By adding ARL recommendations to PremierOne CAD, PremierOne CAD can make recommendations based on the actual location of units rather than recommending units solely based on jurisdictional assignment. 1.5.3 PremierOne Mobile with Mapping PremierOne Mobile provides public safety personnel the ability to assess and prepare for a situation while en route to the scene. Users access information via screen configurations that provide navigation throughout the PremierOne Mobile application. The integrated map provides the user the ability to display call location, drive directions, premise hazards and the location of other units. PremierOne Mobile leverages the same common map platform used in PremierOne CAD, which is managed and provisioned from a centralized location and deployed to all systems remotely. PremierOne Mobile obtains location information from a collocated GPS receiver. It supports either the Trimble ASCII Interface Protocol (TAIP) or National Marine Electronics Association (NMEA) standard. The PremierOne Mobile client application can send its location to PremierOne CAD via a cellular data modem. The vehicle location information is used by PremierOne CAD to support location dependent features including: Mapping, Track-It, Follow-It, and Recommendations. 1.5.4 PremierOne Records PremierOne Cloud Records provides data integrity with security, auditing and logging functions that provide a “chain of custody” for all records. PremierOne Cloud Records design enables agencies to tailor data entry screens to match specific business processes resulting in searchable, presentable and shareable data across multiple agencies and jurisdictions. PremierOne Cloud Records provides the ability for agencies to add and hide fields, change field labels, make fields required, alter output format, and determine the information that is made available to users and roles There is limited customization in this proposal. 1.5.5 PremierOne Cloud Records Mobile PremierOne Cloud Records Mobile provides the same records functionality to the officer in the field using a mobile client as the records bureau user accessing the system through a LAN-connected desktop computer. The PremierOne Cloud Records Mobile client provides the officer the ability to continue to use PremierOne Cloud Records Mobile either in a connected or disconnected mode. PremierOne Cloud Records Mobile is used in situations where network connectivity is not assured or non-existent. All services and data required to operate as a standalone client are configured and deployed. Over the wire update and caching services assure that all clients are kept up to date with application updates, changes to forms, code tables. 1.5.6 PremierOne Handheld with Mapping PremierOne Handheld expands the PremierOne Suite to the Android and iOS platforms including embedded functionality with PremierOne CAD, Mobile, Mapping and Provisioning. The integrated client is a mobility system, offering the first responder: database look-up/query, messaging, mapping, status updates, status monitoring, and dispatch capabilities on smart devices. Page 1008 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 1-16 System Description Motorola Solutions PremierOne Handheld’s five (5) status monitors allow the Command Staff to have a constant view to active incidents, pending incidents and unit activities in their jurisdiction and beyond. This enables Sergeants, Lieutenants, and Chiefs to keep a pulse on their staff to monitor the operations of the department even when they are away from the office or their vehicles. PremierOne Handheld offers seven (7) standard queries including the ability to scan a driver’s license barcode to submit a person query, plus the ability to cascade queries allowing the officer to enter a plate to get both the vehicle returns and information on the registered owner of the vehicle. PremierOne Handheld provides a connected officer system providing officers situational awareness such as previous incidents, premise and hazard information, location of other officers, geofencing, and critical incident updates in the palm of their hand. The system requires Android 5.0 – 9.0 or higher or iOS 9 - 12 smart devices Data Network with 4G coverage Static IP address Users can log on to both PremierOne Mobile and Handheld simultaneously as a single user and single unit. Tasks performed on either client apply to both logged on sessions. Messaging, Query Responses, Incidents, and Status are synchronized across the client platforms for that logged in user. PremierOne Handheld also includes responder location tracking both inside and outside of the vehicle. The PremierOne client application is natively built for Android and iOS operating systems, and there are some client differences to note. PremierOne handheld for iOS does not at this time have the following features found in the Android versions: Messaging, Bolos, Address Book, Unit Status Filter and the Client Administrative password. Page 1009 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-1 SECTION 2 STATEMENT OF WORK 2.1 PREMIERONE CLOUD CAD AND RECORDS STATEMENT OF WORK In accordance with the terms and conditions of the Agreement, this Statement of Work (“SOW”) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions (“Motorola”) solution as presented in the PremierOne Cloud CAD and Records Subscription Services Description document to Boynton Beach FL hereinafter referred to as “Customer”. When assigning responsibilities, the phrase “Motorola” includes our subcontractors and third-party partners. Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement. Unless specifically stated, all Motorola work is considered complete upon Motorola fulfilling the final Motorola Responsibility listed in a Responsibility Table and providing the deliverable(s) listed in the Motorola Deliverables table. Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon governing project schedule. Any changes to the governing project schedule will be mutually agreed upon via the change provision of the Agreement. The number and type of software or subscription licenses, products, or services provided by Motorola or its subcontractors are specifically listed in the Agreement and any reference within this document as well as subcontractors’ SOWs (if applicable) does not imply or convey a software or subscription license or service that are not explicitly listed in the Agreement. 2.1.1 Award, Administration, and Project Initiation Project Initiation and Planning will begin following execution of the Agreement between Motorola and the Customer. 2.2 PROJECT MANAGEMENT DEFINITIONS The following project management terms are used in this document. Since these terms may be used differently in other settings, these definitions are provided for clarity. Project Schedule means the schedule providing dates and timeframes for completion of tasks and deliverables during the course of the Project. The Project Schedule is a living document and subject to change. Should changes be necessary, Motorola will work with the customer to modify the schedule to mitigate any impact as much as possible. Project Management Plan is composed of the Communications Management Plan, Risk Management Plan and Change Management Plan that provide the criteria for managing those tasks within the project. Page 1010 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-2 Statement of Work Motorola Solutions 2.3 GENERAL CUSTOMER RESPONSIBILITIES In addition to the Customer Responsibilities stated elsewhere in this SOW, the Customer is responsible for: 1. All Customer-Provided equipment including hardware and third party software necessary for delivery of the system not specifically listed as a Motorola deliverable. This will include workstations for the CAD system, network equipment, telephone or TDD equipment and the like. 2. Configuration, maintenance, testing and supporting the third party systems that the Customer operates and which will be interfaced to as part of this project. The Customer is responsible for providing Application Programming Interface (API) documentation to those systems that document the integration process for the level of interface integration defined by Motorola. 3. Active participation of Customer Subject Matter Experts (SME’s) in project delivery meetings and working sessions during the course of the project. Customer SME’s will possess requisite knowledge of Customer operations and legacy system(s) and possess skills and availabilities to operate and manage the system. 4. The provisioning of Customer Code Tables and GIS data as requested by Motorola. This information must be provided in a timely manner in accordance with the Project Schedule. 5. Provide a facility with the required computer and audio-visual equipment for training and work sessions as defined in the Training Plan. 6. Ability to participate in remote project meeting sessions using Google Meet. 2.4 PROJECT ROLES AND RESPONSIBILITIES 2.4.1 Motorola Project Roles and Responsibilities Overview A Motorola team made up of specialized personnel will be appointed to the project under the direction of the Motorola Project Manager. Team members will be multi-disciplinary and may specialize in different products. Team members will be engaged in different phases of the project as necessary. The personnel role description noted below provides an overview of typical project team members. There may be other personnel engaged in the project under the direction of the Project Manager. 2.4.1.1 Motorola Project Manager Motorola’s project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industry-leading processes, and integrated software tools for effective project execution and control, we have developed and refined practices that ensure appropriate design, production, and testing is optimized to deliver a high quality, feature-rich system A Motorola Project Manager will be assigned as the principal business representative and point of contact for the organization. Responsibilities of the Project Manager include: 1. Managing the Motorola responsibilities related to the delivery of the project. 2. Responsible for the project scheduling and management of the assigned Motorola personnel and applicable Subcontractors/supplier resources. Page 1011 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-3 3. Responsible for management of the Change Order process per the Agreement. 4. Maintaining project communications with the Customer. 5. Identification and management of project risks. 6. Responsible for the collaborative coordination of Customer resources in an effort to minimize and avoid project delays. 7. Measuring, evaluating and reporting the project against the Project Schedule. 8. Conducting remote status meetings on a monthly basis or as mutually agreed to by the Project Managers to discuss project status. 9. Preparing and submitting a monthly status report that identifies the activities of the previous month, as well as activities planned for the current month, including an updated project schedule and action item log. 10. Providing timely responses to issues related to project progress raised by the Customer. 2.4.1.2 Motorola Application Specialist The Motorola Application Specialist will work with the Customer to enable the project team to support and guide the Customer with the provisioning of the system. Responsibilities of the Motorola Application Specialist will include: 1. Provide consultation services to the Customer regarding the provisioning and operation of the CAD or Records system. 2. Provide provisioning training to the Customer to provide the knowledge to setup and maintain the CAD or Records system. 3. Complete the provisioning ownership handoff to the Customer. 4. Complete the project defined milestones and tasks as defined in this SOW. 5. Provide guidance on the Customer’s operational Change Management needs relative to the use of the CAD or Records system. 6. Provide product training as defined by this SOW and described in the Training Plan. 2.4.1.3 Motorola GIS Analyst The Motorola GIS Analyst specializes in geographical information technology. Responsibilities of the Motorola GIS Analyst include: 1. Performing the GIS Analysis on the Customer-supplied GIS source data. 2. Providing to the Customer the results of the GIS Analysis based on the requirements of the Motorola GIS Build Requirements document to include: A. Geocoding Data B. Centerlines to support Routing C. Response Area Polygons 3. Consultation services regarding the conversion of Customer GIS source data for Motorola use. 4. Provide GIS Training as defined in this SOW and the Agreement 5. Import of the Customer provided GIS data into CAD. Page 1012 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-4 Statement of Work Motorola Solutions 2.4.1.4 Motorola Solution Architect The Solutions Architect is responsible for the delivery of the technical elements of the solution. They confirm the delivered technical elements meet contracted requirements. They are engaged throughout the duration of the delivery. 2.4.1.5 Motorola Customer Success Advocate A Customer Success Advocate will be assigned to the Customer post PremierOne Cloud CAD Go Live event. Their role is to assist the Customer with maximizing the use of their Motorola software and service investment by being the Customer’s trusted advisor in actively managing, escalating and logging issues with Support, Product Management and Sales while providing ongoing customer communication about progress, timelines and next steps. 2.4.1.6 Motorola Customer Support Services Team Motorola’s Customer Support team will provide ongoing support following Customer commencement of beneficial use of PremierOne Cloud CAD for production use as defined in Customer Support Plan. 2.4.2 Recommended Customer Roles and Responsibilities The success of the project is dependent on early assignment of key Customer resources. It is critical that these resources are empowered to make provisioning decisions based on the Customer’s operational and administration needs. The Customer project team should be engaged in the project from initiation until production use of the system. The continued involvement in the project and use of the system will convey the required knowledge to maintain the system post completion of the project. Note that in some cases, one person may fill more than one role. The project team must be committed to participate in activities for a successful implementation. Team member roles are generally described below: 2.4.2.1 Customer Project Manager The Customer Project Manager will act as the primary Customer point of contact for the duration of the project. The Project Manager will be responsible for managing the Customer project team including the timely facilitation of their efforts, tasks and activities. This includes the management of any third party vendors that are Customer Subcontractors. Responsibilities of the Customer Project Manager include: 1. Maintaining project communications with the Motorola Project Manager. 2. Identifying the efforts required of Customer staff to meet the task requirements and milestones in this Statement of Work and Project Schedule. 3. Consolidating all project-related questions and queries from Customer staff to present to the Motorola Project Manager. 4. Reviewing the Project Schedule with the Motorola Project Manager and assisting in finalizing the detailed tasks, task dates and responsibilities. 5. Signing required deliverable, payment and other documents in a timely manner. 6. Measuring and evaluating progress against the Project Schedule. 7. Monitoring the project to ensure that resources are available as scheduled. Page 1013 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-5 8. Attending status meetings. 9. Providing timely responses to issues related to project progress raised by the Motorola Project Manager. 10. Liaising and coordinating with other agencies, Customer vendors, contractors and common carriers. 11. Reviewing and administering change control procedures, hardware and software certification, and all related project tasks required to maintain the Project Schedule. 12. Ensuring Customer vendors’ adherence to overall Project Schedule and plan. 13. Assigning one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one application administrator for CAD and Records and one or more representative(s) from the IT department. 14. Identifying the resource that has the authority to formally acknowledge and approve change orders, approval letter(s) and milestone recognition certificates and to approve and release payments in a timely manner. 15. Providing building access to Motorola personnel to all facilities where the system is to be installed during the project. Temporary identification cards are to be issued to Motorola personnel if required for access to Customer facilities. 16. As applicable to this project assuming responsibility for all fees for licenses and inspections and for any delays associated with inspections due to required permits. 17. Providing reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service. 18. Ensuring a safe work environment for Motorola personnel. 2.4.2.2 Customer Transformation Lead The Customer Transformation Lead, who may or may not be your Project Manager, must be able to holistically represent your organization and be able to work cross functionally between Motorola, your organization and all stakeholders involved in the delivery of your new system. The transformation lead must be empowered to acknowledge the resource and time commitments required of your organization and authorize Motorola to proceed with scheduling the Project Kickoff event. 2.4.2.3 Customer System Administrator The Customer System Administrator is responsible for managing the technical efforts, tasks and activities of their system as defined in the Customer Support Plan (CSP). 2.4.2.4 Customer IT Personnel IT personnel provide required information related to LAN, WAN, wireless networks, server and client infrastructure and must also be familiar with connectivity to internal, external and third party systems to which PremierOne Cloud CAD will interface. 2.4.2.5 Customer CAD Application Administrator The Customer CAD Administrator is responsible for the management of the Customer owned CAD provisioning maintenance as defined in Appendix A - PremierOne CAD File Build - Customer Code Page 1014 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-6 Statement of Work Motorola Solutions Tables to ensure the system operates successfully. The CAD Administrator will be involved early in the project starting at the Business Process Review (BPR), attend Provisioning and Train the Trainer Training and remain engaged throughout the project to ensure that they are able to maintain the CAD provisioning post Customer Provisioning handoff. Responsibilities of the Customer CAD Application Administrator include: 1. Participate in overall delivery and training activities to gain an understanding of the software, interfaces and functionality of the system. 2. Participate with the SMEs during the BPR, provisioning process and training. 3. Have the authority to make global provisioning choices and decisions, and will be the point(s) of contact for reporting and verifying problems and maintaining provisioning. 4. Obtain inputs from other user agency stakeholders related to business processes and provisioning. 2.4.2.6 Customer Records Application Administrator The Customer Records Administrator is responsible for the management of the Records provisioning maintenance to ensure the system operates successfully. The Records Administrator will be involved early in the project starting at the Records Business Process Review (BPR), attend Provisioning and Train the Trainer Training and remain engaged throughout the project to ensure that they are able to maintain the Records provisioning post Customer Provisioning handoff. Responsibilities of the Customer Records Application Administrator include: 1. Participate in overall delivery and training activities to gain an understanding of the software, interfaces and functionality of the system. 2. Participate with the SMEs during the BPR, provisioning process and training. 3. Have the authority to make global provisioning choices and decisions, and will be the point(s) of contact for reporting and verifying problems and maintaining provisioning. 4. Obtain inputs from other user agency stakeholders related to business processes and provisioning. 2.4.2.7 Customer GIS Analyst The Customer GIS Analyst is responsible for the development and maintenance of all of the GIS data used in the CAD system. The Customer GIS Analyst must have working experience with Esri software including ArcCatalog, ArcMap and ArcPro, including knowledge of model builder, toolbox tools and general database structure. Also, it is very important to have a working relationship with the named CAD Application Administrator. The GIS Administrator will be heavily involved in the data preparation for the system as well as data maintenance throughout the term of the Agreement. This will include but is not limited to the following standard responsibilities: 1. Providing GIS data in the correct schema 2. Developing, maintaining and updating GIS data 3. Support of the GIS elements used in the CAD system (Server, CAD consoles, etc.) 2.4.2.8 Subject Matter Experts The Subject Matter Experts (SME) (Super Users) are the core group of users that will be involved with the business process reviews and analysis, the provisioning process, including making global provisioning choices and decisions, and training. These members should be experienced users in the Page 1015 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-7 working area(s) they represent, i.e. dispatch, patrol, etc. and should be empowered to make decisions related to provisioning elements, workflows, screen layouts, etc. 2.4.2.9 Customer Training Representative Training representatives will be the point of contact for the Motorola Application Specialist when policy and procedural questions arise, act as course facilitators and are the Customer’s educational monitors. 2.4.2.10 Additional Resources Additional resources, such as trainers and database administrators may also be required. 2.4.2.11 Customer Agency Stakeholders User agency stakeholders, if the system is deployed in a multi-agency environment, are those resources representing agencies outside of the Customer Agency. These resources will provide provisioning inputs to the SMEs if operations for these agencies differ from that of the Customer agency. 2.5 PROJECT INITIATION AND PLANNING A clear understanding of the needs and expectations of both Motorola and the Customer are critical to the success of the project. Project Planning requires the gathering of project specific information that is required to set clear project expectations and guidelines, create the Project Management Plan, Project schedule and set the foundation for a successful implementation. 2.5.1 Project Planning Session - Teleconference/Web Meeting A Project Planning Session will be scheduled after the Agreement has been executed between the assigned Motorola and Customer Project Managers. The agenda will include: Review of the Agreement documents Review of the applications, query(ies) and interface(s) described in the PremierOne Cloud CAD Subscription Services Description document Review of project delivery requirements as described in this SOW Discuss Customer involvement in provisioning and data gathering to confirm understanding of the scope and time commitments required Review the initial project schedule and incorporate Customer feedback resulting in the delivery Project Schedule. The Project Schedule will be maintained by Motorola and updated through mutual collaboration. Schedule updates that impact milestones will be addressed via the Change Order provision of the Agreement. Develop and finalize the Project Management Plan Confirm requirements for CJIS background investigations and/or contractors, fingerprint requirements for Motorola employees and/or contractors. Required fingerprints will be submitted on Motorola Solutions provided FBI FD-258 Fingerprint cards Page 1016 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-8 Statement of Work Motorola Solutions Review Virtual Desktop (VD) and Learning Management System (LMS) role in the delivery and Customer User Name and Access Information Customer obligation to manage change among the stakeholder and user communities Review of the Business Process Review Customer Survey Review of project completion criteria and the process for transitioning to support. Providing the Business Process Review Customer Survey is a critical Project Task. Delayed, incomplete, or inaccurate information may have a significant impact on the Project Schedule. Motorola Responsibilities 1. Schedule the remote Project Planning Session 2. Provide the initial Project Schedule and Project Management Plan 3. Provide the Business Process Review Customer Survey 4. Finalize the Project Management Plan 5. Baseline the Project Schedule Customer Responsibilities 1. Identify and engage project team members responsible for carrying out the system implementation. 2. Provide input to the Project Schedule dates 3. Provide information necessary to perform background checks for Motorola employees and/or contractors. 4. Review and complete the Business Process Review Survey within ten (10) business days of the Project Planning Session so as not to impact the Project Schedule. 5. Review and provide feedback on the Project Management Plan. Motorola Deliverables - Project Planning Session Project Schedule Baseline Project Management Plan Business Process Review Customer Survey Completion Criteria - Project Planning Session The Project Planning Session is considered complete upon conclusion of the meeting. 2.6 PROJECT KICKOFF SESSION - TELECONFERENCE/WEB MEETING The objective of the Project Kickoff meeting is to provide a high level overview of the solution and delivery process to the Customer’s team. During the Project Kickoff meeting the Motorola Project Manager will provide an overview of the following: A high level review of the Project Deliverables Roles and responsibilities for the Project team members Page 1017 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-9 A high level review of the baseline Project Schedule including project milestones and checkpoints Discuss any project related questions Motorola Responsibilities 1. Schedule the remote Kickoff Teleconference/Web Meeting 2. Prepare the Kickoff Meeting agenda. 3. Distribute any documentation that the Customer should review in advance of the Kickoff Meeting. 4. Conduct the Kickoff Teleconference/Web Meeting. Customer Responsibilities 1. Schedule the personnel from the Customer Project team to attend. This should include key stakeholders that have authority or responsibility over the project. Motorola Deliverables - Project Kickoff Session Project Kickoff Session Agenda Completion Criteria - Project Kickoff Session The Project Kickoff Session is considered complete upon conclusion of the meeting. 2.7 GIS PLANNING SESSION - TELECONFERENCE/WEB MEETING A GIS planning session will be scheduled to review the GIS Build Requirements Document and complete an overview of the GIS components of the project. The agenda will include: Review the Motorola GIS Build Requirements Document Discuss Customer GIS skill-set and responsibilities Review the requirements of the Customer GIS sample data that is required Discuss any GIS related project questions Providing the GIS Customer Data is a critical Project Task. Delayed, incomplete or inaccurate information may have a significant impact on the Project Schedule. Motorola Responsibilities 1. Schedule the remote GIS Planning Session Customer Responsibilities 1. Review the GIS Build Requirements document prior the meeting. 2. Provide the GIS sample to Motorola within ten (10) business days of the GIS Planning Meeting so as not to impact the Project Schedule Motorola Deliverables - GIS Planning Session GIS Build Requirements Document Completion Criteria - GIS Planning Session The GIS Planning Session is considered complete upon conclusion of the meeting. Page 1018 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-10 Statement of Work Motorola Solutions 2.8 INTERFACE PLANNING SESSION - TELECONFERENCE/WEB MEETING An Interface Planning Session will be scheduled to discuss the user experience presented by each contracted interface as defined in the PremierOne Cloud CAD and Records Subscription Services Description document. The agenda will include: Conduct a review of the functionality delivered with each interface. Discuss interface deployment requirements (NDA, network information, API and access credentials required to connect to third party systems) Review Interface Project Schedule tasks and milestones The interface deployment requirements (NDA, network information, API and access credentials required to connect to third party systems) are needed to begin deployment of the interfaces. Delayed, incomplete or inaccurate information may have a significant impact on the Project Schedule. Motorola is not responsible for third party vendor management, scheduling or additional cost for software, customization, development or testing unless the work is defined in this SOW or amended to the Agreement via a Change Order. Motorola Responsibilities 1. Identify additional information such as 3rd party APIs, SDKs, data schemas and any internal and 3rd party documents necessary to establish interfaces. 2. Conduct reviews of the interfaces to explain how each functions as well as any dependency on 3rd party API, SDKs, data schema and any internal and 3rd party documents necessary to establish interfaces with local and remote systems. 3. Provide Motorola Non-Disclosure Agreements as required Customer Responsibilities 1. Provide the required interface deployment requirements (NDA, network information, API and access credentials required to connect to third party systems) within ten (10) business days of the Interface Planning Meeting so as not to impact the Project Schedule Completion Criteria - Interface Planning Session The Interface Planning Session is considered complete upon conclusion of the meeting. 2.9 CONNECTIVITY PLANNING SESSION - TELECONFERENCE / WEB MEETING A Connectivity Planning Session will be scheduled to discuss the network connectivity required for the solution. The agenda will include: Review of connections of end user workstations to the system Interfaced system connectivity to the system Plan for State/NCIC query connectivity (if applicable) Page 1019 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-11 Network connectivity to the Cloud environment is a Customer responsibility and is crucial to the operation and use of the Cloud solution. Delayed, unavailable or inadequate network connectivity may have a significant impact on system operation and the Project Schedule. Motorola Responsibilities 1. Review the workstation connection process 2. Provide the connectivity process for the included interfaces 3. Review connectivity options for the State/NCIC interface Customer Responsibilities 1. Ensure resources knowledgeable on the Customer networks attend the review 2. Provide the details related to the interfaced systems for the system 3. Provide the requirements for connecting to the State/NCIC interface 4. Provide the network connectivity to the workstations, State/NCIC, and interfaced systems. Completion Criteria - Connectivity Planning Session The Connectivity Planning Session is considered complete upon conclusion of the meeting. 2.10 CLOUD SERVICE DELIVERY The delivery of Cloud SaaS is done through a series of milestones that are designed to enable the success of the project. Motorola will work closely with the Customer to complete provisioning, validate operational readiness and complete user training in preparation for production use. This solution utilizes the PremierOne CAD Cloud and Records deployment model which enables the core capabilities of the solution for Customer operations. The solution contains features and functionalities that are capable of being enabled, but may not be in the scope of this project. These features may be mentioned, referenced and/or described in product documentation in the CAD and Records Tier feature list and further defined in the Functional Service Document (FSD) The FSD is a post contract deliverable. Enablement of these features and functionalities will require a Change Order or Agreement amendment. PremierOne Cloud CAD Standard Tier Features: Basic Incident Management [Create Incident with standard geo validation, update and close, close with disposition (would need to screen tailor remove dispatch upon entry, preemptive, create multiple calls, scheduling) Incident association and priority comments, traffic stops/field initiate (no auto query)] Basic Unit Management [Onshift, dispatch, change status(s)] Address Geo-validation Basic Status Monitors Page 1020 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-12 Statement of Work Motorola Solutions [Pending queue, unit status monitor w/ group and sort, Active incident window w/ unit, no configurability] Basic Mapping [Incident and unit display, zoom, pan, standard mapping tools, (no geofence or map work assist area for search, road closure, ARL playback)] User to User Messaging Standard Reports Incident and Unit Audit Trail PremierOne Cloud Records Plus Tier Features: Case Reports and Management Officer Narratives and Reports Witness Statements Master Records Agency Information Expungements and Redactions User Management Generic Citation Field Interviews Workflow Photo Lineup Daily Activity Report Archive Purge Cloud Data Backup State-Specific IBR Compliance Property and Evidence Civil Process Warrants Pawn Gangs Vehicle Impound Registrants Juvenile Referrals Equipment Management Personnel Management Suspicious Activity Neighborhood Watch Fleet Firearm Permits and Dealers 2.11 BUSINESS PROCESS REVIEW (BPR) Motorola will lead the PremierOne CAD and Records Business Process Review (BPR) to understand the Customer’s operational processes and workflows. The information collected in the BPR will Page 1021 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-13 provide Motorola the framework for how the products will be provisioned and configured to best meet the Customer’s needs. The Business Process Review Customer Survey is required to be completed prior to the Business Process Review. The Customer is responsible for engaging all user agencies that will be provisioned on the solution to obtain required inputs. A single instance of the activities described as “the BPR” will be conducted for a combined law enforcement and fire dispatch audience unless specifically stated otherwise. The result will be a single provisioning profile for law enforcement and fire dispatch. If an additional BPR or provisioning for additional agencies is required, it will be addressed via the Change Order provision of the Agreement. The BPR should be attended by senior operational personnel, such as dispatch supervisors and senior call takers/dispatchers. Manager level personnel can help guide the discussion of policies that have the potential to be improved or modified. The practical input based on experience in the agency’s operational environment is often indispensable in the later configuration of the products to effectively meet the agency’s needs. The BPR agenda will include but not limited to: Agency and Discipline Information (Agency Type, # of Personnel, shift types, etc.) Provisioning Overview - Appendix A - PremierOne CAD File Build Agency Call Types (Non-emergency, Emergency Transfers, etc.) Dispatcher/Responder Workflow - Incident creation to closure Notifications Status Monitors Reporting Requirements Review Operational Process Discussion (Incidents, Units, Call Taker and Dispatcher roles and responsibilities) Incident Numbering Users Permissions/ Security TDD Procedures Records Workflow MotoDocs / Forms Motorola Responsibilities 1. Provide the BPR Agenda/Workbook prior to the meeting 2. Complete the BPR Workbook 3. Review the documented business processes and provide configuration options 4. Review the completed BPR Workbook Customer Responsibilities 1. Review the BPR Agenda/Workbook prior to the meeting 2. Schedule dispatch, records, police and fire/EMS sit-alongs and ride-alongs 3. Provide resources knowledgeable in the Customer’s business processes to provide relevant documentation on the workflow and operating procedures. 4. Provide required information to complete the BPR Page 1022 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-14 Statement of Work Motorola Solutions 5. Review the completed BPR Workbook Motorola Deliverables - PremierOne CAD Business Process Review (BPR) BPR Agenda BPR Workbook Completion Criteria - PremierOne CAD Business Process Review (BPR) The PremierOne CAD Business Process Review Session is considered complete upon conclusion of the meeting. 2.12 PREMIERONE AGENCY BUILD GUIDE The PremierOne Agency Build Guide provides a structural overview of the Customer’s CAD system. The includes the definition of Agency Type Code, Name, ID and default areas. Motorola and Customer Responsibilities 1. Review/Approval of the PremierOne Agency Build Guide Motorola Responsibilities 1. Provide the PremierOne Agency Build Guide Customer Responsibilities 1. Provide required information to complete the PremierOne Agency Build Guide. Required information is to be provided prior to GIS Check Point #1 Addressing Validation, Routing and Boundaries. Motorola Deliverables - PremierOne Agency Build Guide PremierOne Agency Build Guide 2.13 CAD PROVISIONING PremierOne CAD provisioning includes the configuration of user configurable parameters (i.e. unit names, personnel, status codes). The PremierOne Cloud CAD system will be provisioned using standard provisioning and Customer specific provisioning as defined in Appendix A - PremierOne CAD File Build. Motorola will review the standard provisioning databases as documented in the Provisioning Worksheets during the BPR that will be imported into PremierOne Cloud CAD by Motorola. Motorola will complete the provisioning of the PremierOne Cloud CAD based on the Customer’s Call flow and operational processes as documented in the Provisioning Worksheets(?). Customer specific provisioning parameters will be collected from the Customer using Provisioning Worksheets. Motorola will review the Provisioning Worksheets with the Customer to identify the information that is required for the Customer specific provisioning data tables. The Customer will be responsible for completing the Provisioning Worksheets in the proper format and with agency specific information. The information collected in the Provisioning Worksheets will be imported into the PremierOne Cloud CAD exactly as it is provided. Page 1023 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-15 PremierOne provisioning data collection and import is a critical Project Milestone. Delayed, incomplete or inaccurate information may have a significant impact on the Project Schedule. At the completion of provisioning the CAD system will be configured to allow the evaluation of Call Flow and Incident Management. Motorola will schedule a remote session with the Customer to demonstrate that the PremierOne Cloud CAD provisioning is completed to the level described in Appendix A - PremierOne CAD File Build and in accordance with the BPR Workbook and the Customer Provisioning Worksheets. The responsibility for completing and maintaining the Customer provisioning will transfer to the Customer post completion of the Provisioning Workshop. Motorola Responsibilities 1. Review the standard provisioning database with the Customer prior to the start of provisioning 2. Complete the Standard provisioning as defined in Appendix A - PremierOne CAD File Build 3. Provide and review the Provisioning Worksheets with the Customer 4. Conduct a conference call with the Customer to demonstrate the completeness of the Customer Provisioning Worksheets prior to the start of provisioning 5. Complete the import of the data from Provisioning Worksheets Customer Responsibilities 1. Provide required information to complete the Provisioning Worksheets within ten (10) business days of the so as not to impact the Project Schedule Motorola Deliverables - PremierOne CAD Provisioning PremierOne Customer Provisioning Worksheets Completion Criteria - PremierOne CAD Provisioning Completion Standard PremierOne Provisioning as defined in Appendix A Completion of demonstration of completed provisioning completion 2.14 CLOUD RECORDS PROVISIONING PremierOne Records includes entering personnel, building/populating the code tables, building out security groups and workflows. The Customer will complete application provisioning following training. The following module/feature are included in the scope of this project: Case Reports Officer Narrative Witness Statement Generic Citation Field Interviews Property and Evidence Civil Process Warrants Pawn Page 1024 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-16 Statement of Work Motorola Solutions Gangs Vehicle Impound Registrants Juvenile Referrals Equipment Management Personnel Management Suspicious Activity Neighborhood Watch Fleet Fireman Permit and Dealers Motorola will modify up to 3 custom fields per module/feature as defined above, up to 50 total. If the LOE for development exceeds 50 fields, a change order will be required to either incorporate that effort or to remove affected modifications from the project scope. Motorola has included efforts to develop the following modules/forms: Probable Cause Statements according to the state of Florida specifications. Motorola has included efforts to develop the following SSRS Reports: None Motorola Responsibilities 1. Review BPR Report, configurable items and associated data 2. Perform records provisioning training in accordance with the training plan 3. Remotely conduct checkpoints to verify accuracy of the Customer-provisioned data. Customer Responsibilities 1. Provide Motorola with forms, reports and templates as requested 2. Supply a configured classroom for provisioning training with a workstation for the instructor that adheres to the requirements of the training plan. 3. Ensure availability of the SMEs to participate in the training. 4. Complete all provisioning data entry. 5. Participate in checkpoints Motorola Deliverables - PremierOne Records Provisioning BPR Report Completion Criteria - PremierOne Records Provisioning Completion of PremierOne Records Provisioned System - Training Ready Page 1025 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-17 Note: Motorola will perform up to 100 hours of custom Records work/printout/reports development. If the LOE for development exceeds 100 hours, a change order will be required to either incorporate that effort or to remove affected modifications from the project scope. 2.15 FLORIDA INCIDENT BASED REPORTING (FL-IBR)/INTERFACE Motorola Solutions will deliver PremierOne Records software that supports Florida IBR reporting requirements, including IBR and Use of Force. The software does not include an interface to LinX Motorola Solutions Responsibilities: 1. Deliver the Florida IBR reporting capability. 2. In the event of an initial failed submission, collaborate with the City to understand any provisioning parameters that may be or are impacting IBR submission acceptance. 3. As required by the State, and upon receipt of an official state communication, modify the software to account for any requirements necessary to be compliant with state specific reporting requirements. Customer Responsibilities: 1. Serve as the intermediary between Motorola Solutions and the State in clarifying reporting requirements between state requirements, City requirements, and PremierOne Records Florida IBR submission functionality. 2. Facilitate any required meetings between Motorola Solutions and the State. 3. Initiate a IBR submission to the State. 4. Resolve any provisioning issues that are impacting State submission acceptance. 5. In the event of a failed submission: 6. Communicate the discrepancy in reporting requirement to the State. 7. Obtain an official state communication clearly articulating the State’s requirement. 8. Forward a copy of the official state communication to Motorola Motorola Solutions Deliverables: Deliverable Florida IBR Reporting 2.16 CRASH REPORT (TAR) Motorola Solutions will develop the Florida Crash Report. Motorola Solutions Responsibilities: 1. Scan hard-copy forms into PremierOne Records and develop Crash Reporting functionality. 2. Integrate the Crash Report and PremierOne Records. 3. Submit the developed forms to gain State acceptance. Page 1026 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-18 Statement of Work Motorola Solutions 4. In the event of an initial failed submission, collaborate with the City to understand any provisioning parameters that may impact report submission acceptance. 5. As required by the State, and upon receipt of an official state communication, modify the crash report to account required for compliance with state specific reporting requirements. Customer Responsibilities: 1. Provide hard copies of forms. 2. Initiate a submission of the Crash Reports to the State. 3. Resolve any provisioning issues that affect State submission acceptance. 4. Serve as the intermediary between Motorola Solutions and the State in clarifying reporting requirements between state requirements, City requirements, and PremierOne Records Crash Report submission functionality. 5. Obtain an official state communication clearly articulating the State’s requirement. 6. Forward a copy of the official state communication to Motorola. Motorola Solutions Deliverables: Deliverable Florida Crash Report 2.17 GIS SCOPE REVIEW The Motorola GIS Analyst meets remotely with the Customer’s GIS Administrator to discuss the approach to developing the GIS data for use with the PremierOne Cloud CAD solution. Topics that will be discussed include Agency Response boundaries needs, routing requirements and specifics for using common places, address points, and premise hazard areas. The GIS Data Verification Report describes the customers source feature classes and data values that have been made available to Motorola. The data is reviewed and any items identified that may impact the appropriate functionality of the data within the Motorola System are noted within this document. The GIS Data Verification Report is delivered post Agreement after review of the Customer GIS data. The Customer GIS Data is required to be made available prior to the GIS Scope Review. Motorola Solutions Responsibilities 1. Review GIS Draft Data Verification Report 2. Discuss current GIS business practices 3. Discuss frequency of GIS updates to current solution and desired frequency with PremierOne Cloud CAD Customer Responsibilities 1. Ensure availability of GIS administrator for this meeting. 2. Finalize the agency code and beat names for the geodatabase. All of the data will be required but the streets, address points and common places can be works in progress that can be updated as the project moves along. The agency and beat names should be final by provisioning Page 1027 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-19 Providing the Agency Code and Beat Names for the geodatabase is a critical Project Task. Delayed, incomplete or inaccurate information may have a significant impact on the Project Schedule. Motorola Deliverables - GIS Scope Review GIS Draft Verification Report Completion Criteria - PremierOne GIS Review Completion of PremierOne GIS Review meeting 2.18 GIS BOUNDARIES MEETING The Motorola GIS Analyst meets remotely with the Customer’s GIS Administrator and CAD SMEs to discuss and confirm Response Boundaries data that is loaded into the PremierOne Cloud CAD solution. Motorola will provide an overview of the available boundaries types and their function that can be used in the PremierOne Cloud CAD solution. Topics that will be discussed include confirmation of the Customer’s Agency Code and Beat Names, and provide an overview of the Agency Code and Beat names role in the PremierOne Cloud CAD to determine if any modifications need to be made prior to import into the PremierOne Cloud CAD. The Agency Code and Beat Names are required to be provided prior to the GIS Boundaries Meeting. Motorola Solutions Responsibilities 1. Provide an overview of the Agency Code and Beat Names role in the PremierOne Cloud CAD Customer Responsibilities 1. Ensure availability of GIS administrator for this meeting. 2. Confirm Agency Code and Beat Names readiness for load into PremierOne Cloud CAD. Import of the Agency Code and Beat Names for the geodatabase is a critical Project Task. Delayed, incomplete or inaccurate information may have a significant impact on the Project Schedule. Completion Criteria - GIS Boundaries Meeting Completion of PremierOne GIS Boundaries Meeting Agency Code and Beat Names imported into PremierOne Cloud CAD 2.19 GIS CHECKPOINT MEETINGS The Motorola GIS Analyst and Customer’s GIS Administrator will participate in up to five (5) - two (2) hour remote CheckPoint Meetings in accordance with the Project Schedule. Meeting topics will include: GIS Check Point #1 Addressing Validation, Routing and Boundaries Delivery of revised Customer GIS Data based on GIS Draft Data Verification Report is required prior to this Check Point Page 1028 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-20 Statement of Work Motorola Solutions GIS Check Point #2 Readiness for GIS Load Delivery of revised Customer GIS Data based on GIS Draft Data Verification Report updates is required prior to this Check Point GIS Check Point #3 Customer GIS Load Review Completion of Cloud CAD GIS Import Training is required prior to this Check Point GIS Check Point #4 General GIS Check-In GIS Check Point #5 GIS Go Live Readiness Note: Motorola and Customer recognize that time is of the essence with respect to the delivery of the service. Motorola cannot begin the GIS Checkpoint Meetings until Motorola has received Customer GIS data and received acknowledgement from Customer Motorola Solutions Responsibilities 1. Conduct the GIS CheckPoint Meetings 2. Evaluate Customer GIS data as submitted Customer Responsibilities 1. Based on the GIS Data Draft Verification Report, make required changes to meet the Motorola defined GIS requirements Motorola Deliverables - GIS CheckPoint Meetings GIS Draft Data Verification Report Updates Completion Criteria - GIS CheckPoint Meeting Completion of PremierOne GIS CheckPoints Meetings 2.20 PREMIERONE GIS DRAFT GEODATABASE The draft geodatabase will be created and uploaded to the PremierOne server to support provisioning efforts and draft maps will be created for use by the CAD workstations. Error reports that are produced as a result of developing the draft geodatabase will be delivered to the Customer in updates to the GIS Data Draft Verification Report. The final geodatabase will be delivered during the GIS Import Tool Training, which is described in the Training Plan. Following completion of GIS Import Tool Training, the Customer will be responsible for maintenance of the geodatabase. Motorola Solutions Responsibilities 1. Create the draft geodatabase, maps and Routing Network 2. Provide updates to the GIS Data Draft Verification Report reflecting any issues found during the geodatabase build. 3. Provide up to three (3) draft geodatabases Customer Responsibilities 1. Correct any GIS errors identified in the GIS Data Draft Verification Report from geodatabase build. Page 1029 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-21 Motorola Deliverables - PremierOne GIS Draft Geodatabase GIS Draft Data Verification Report Updates Completion Criteria - GIS Draft Geodatabse Draft geodatabase, maps and Routing Network 2.21 PREMIERONE CLOUD CAD AND RECORDS FUNCTIONAL VALIDATION REVIEW Motorola will execute the PremierOne Cloud Functional Validation Review prior to Customer training. The purpose of this exercise is to verify and document that the PremierOne Cloud is ready for operational use. Priority 1 and 2 items as classified in the terms of the Agreement will be retested following the correction of the issue. The PremierOne Cloud Functional Validation Review verifies the functionality of each system and is not a validation of the product provisioning. The review will be completed using a Motorola provided standard script which will be provided to the Customer prior to completion. Motorola will schedule a remote two (2) day session with the Customer to walk through the scripts. The resolution of any issues will be treated as defined in the Customer Support Plan. A full retest of the scripts will not be conducted to verify any corrections. If additional testing or on-site is requested, it will be addressed via a Change Order. Following completion of the PremierOne Cloud CAD Functional Validation Review the CAD system is ready for User Training. Motorola Responsibilities 1. Provide the PremierOne Cloud CAD Functional Validation Review scripts 2. Demonstrate PremierOne Cloud CAD functionality in accordance with the scripts 3. Document the PremierOne Cloud CAD Functional Validation Review results and note any exceptions 4. Resolve PremierOne Cloud CAD Functional Validation exceptions in accordance with the Agreement. 5. Upon completion, provide the Customer with a Project Milestone Document, to be signed and returned to Motorola. 6. Schedule follow-up validation for any Priority 1 exceptions and document the results Customer Responsibilities 1. Review the PremierOne Cloud CAD Functional Validation scripts 2. Provide operational subject matter experts that have the authority to confirm the Functional Validation has been completed 3. Upon completion, sign and return the Project Milestone Document within ten (10) business days Motorola Deliverables - PremierOne CAD Functional Validation PremierOne Cloud CAD Functional Validation Scripts Page 1030 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-22 Statement of Work Motorola Solutions Motorola Deliverables - PremierOne CAD Functional Validation PremierOne Cloud CAD Functional Validation results documented including exceptions Project Milestone Document Completion Criteria - PremierOne CAD Functional Validation Completion of PremierOne CAD Functional Validation 2.22 CLIENT INSTALLATION The Customer will access PremierOne Cloud CAD through a Virtual Application. PremierOne Cloud CAD Clients will need to be available throughout the delivery process. Motorola Responsibilities 1. Provide remote PremierOne Cloud CAD Client installation and connection overview/instruction 2. Verify PremierOne Cloud CAD Client installation for up to two (2) Clients Customer Responsibilities 1. Provide the CAD Client workstation in accordance with the specifications presented in the PremierOne Cloud CAD Subscription Service Description document 2. Participate in Motorola PremierOne Cloud CAD Installation overview/instruction 3. Complete installation for remaining PremierOne Cloud CAD Clients Completion Criteria - PremierOne CAD Client Installation Overview/Instruction of PremierOne CAD Client Installation up to two (2) Clients 2.23 PREMIERONE CLOUD CAD PROVISIONING WORKSHOP Post completion of the PremierOne Cloud CAD Functional Validation, a Provisioning Workshop will be conducted. This workshop is a remote three (3) day working meeting that will include a review and hands on training of the Customer maintained provisioning. Participants in the workshop should be part of the Customer deployment team and should not exceed 4 students. Participants will need access to a PremierOne Cloud CAD workstation. This workshop is not meant to be comprehensive CAD end user training. The purpose of this workshop is to provide the training and knowledge required to maintain the Customer provisioning. The responsibility of completing and maintaining CAD system provisioning will transfer to the Customer post completion of the Provisioning Workshop. Provisioning should be kept updated for operational use by the regular maintenance of all provisioning (Personnel, Units, Caution Notes, Premises). Motorola Responsibilities 1. Provide the PremierOne Provisioning Agenda and training materials 2. Complete the PremierOne Provisioning Workshop 3. Hand-off responsibility for maintaining provisioning data to the Customer Page 1031 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-23 Customer Responsibilities 1. Review the PremierOne Provisioning Agenda and Motorola provided training materials 2. Assign participants that will be responsible for the completion and maintenance of provisioning data 3. Complete the assigned Learning Management Solution (LMS) courses prior to the start of the PremierOne Cloud CAD Provisioning Workshop 4. Assume responsibility for the continued maintenance of the Customer provisioning Motorola Deliverables - PremierOne Cloud CAD Provisioning Workshop PremierOne Provisioning Agenda and Training Materials Completion Criteria - PremierOne Cloud CAD Provisioning Workshop Completion PremierOne Cloud CAD Provisioning Workshop Hand-off the responsibility for provisioning to the Customer 2.24 PREMIERONE CLOUD CAD - CC REPORTING PremierOne Cloud CAD utilizes Motorola’s CommandCentral Reporting to provide the CAD reporting capability. Motorola will deliver access to CommandCentral Reporting to the Customer’s identified reporting administrator and provide an overview of how to access the CommandCentral Standard CAD Reporting environment. Customer-specific or Customer defined reports are not included in the scope of this project unless defined in this SOW. Motorola Responsibilities 1. Provide access to the CC Reporting environment to the Customer reporting administrator 2. Provide overview/instruction to Customer reporting administrator on how to access the CommandCentral Standard CAD Reporting environment 3. Make the Customer’s CAD reporting data available to the CC Reporting environment Customer Responsibilities 1. Identify/appoint an agency reporting administer 2.25 PREMIERONE RECORDS REPORTS Motorola Solutions will deliver the PremierOne Records standard reports library and has not included the effort to develop any customer-specific or customer-defined reports. A list of the standard reports delivered with the installed version will be provided upon request. Motorola Solutions Responsibilities 1. Provide access to the PremierOne Records Standard Reports Completion Criteria - PremierOne Cloud CAD Provisioning Workshop Access to CAD and Records Reports Page 1032 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-24 Statement of Work Motorola Solutions 2.26 PREMIERONE CAD AND RECORDS CLOUD GO LIVE The transition to live operations to Motorola’s PremierOne Cloud CAD and Records is a team approach. Motorola will assist the Customer in the transition of live operations from the Customer’s legacy solution to the PremierOne solution. Motorola will work with the Customer to confirm the PremierOne Cloud CAD and Records Go Live date and time. 2.27 PREMIERONE CLOUD CAD AND RECORDS GO LIVE PLANNING Motorola will work with the Customer to develop a detailed Cutover Plan. This plan includes the following information: Motorola and Customer resources and staffing Pre-cutover tasks/activities that need to be performed leading up to the go live Readiness review meetings Contingency/roll-back plans Go live tasks and responsibilities during and after the live cut Post live cut support resources and schedules Issue reporting process Escalation process Motorola Responsibilities: 1. Facilitate meetings with Customer staff to develop and document the Cutover Plan. Customer Responsibilities: 1. Coordinate the participation of Customer technical and operational staff in cutover planning and development and documentation of the Cutover Plan. Motorola Deliverables - PremierOne Go Live Planning Deliver PremierOne Cutover Plan 2.28 MOTOROLA SUPPORT ENGAGEMENT As part of go live planning, the Motorola Project Manager will complete a Customer Solution Support Plan that includes Customer contact information, and information required for remote access to the system. Motorola will schedule a Support Engagement meeting between the Project Managers, the Customer Support Manager (“CSM”), the Focal Support Technician and the Customer’s project team representatives. The CSM will review the Customer Solution Support Plan with the Customer, including the process for obtaining support and the contact information. Motorola Responsibilities: 1. Create Customer Solution Support Plan 2. Facilitate Support Engagement Meeting Page 1033 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-25 Customer Responsibilities: 1. Coordinate the participation of Customer technical and operational staff in the Support Engagement Meeting Motorola Deliverables - Support Engagement Customer Solution Support Plan Completion Criteria - Support Engagement Completion of Support Engagement Meeting 2.29 PREMIERONE CLOUD CAD AND RECORDS GO LIVE EVENT The transition to production use of the PremierOne solution will be conducted according to the Cutover Plan. The cutover event represents the start of System Completion and the transition to the Motorola Solutions Support organization in accordance with the Cutover Plan. Unless otherwise documented, CAD Go Live Support includes one (1) person per shift, 24-hour support at one location for up to three (3) days. Unless otherwise documented, Records Go Live Support includes one (1) person per shift, 24- hour support at one location for up to three (3) days. Motorola Responsibilities: 1. Work with Customer to schedule the date and time for the go live event 2. Execute the Cutover Plan 3. Provide on-site resources to support dispatch operations and address questions Customer Responsibilities: 1. Schedule and coordinate end user participation in the live operations cutover 2. Perform and support the cutover activities defined in the Cutover Plan 3. Provide technical and operational support for the supervision and monitoring of CAD and Records end users 24/7 beyond Motorola onsite support 4. Inform Customer staff about the Customer Solution Support Plan and the process to contact Customer Support. Completion Criteria - PremierOne CAD and Records Go Live Event Completion of Go Live Activities 2.30 PREMIERONE CLOUD INTERFACE DELIVERY The installation, configuration and demonstration of interfaces may be an iterative series of activities depending upon access to 3rd party systems. Interfaces will be installed and configured in accordance with the PremierOne Cloud CAD Subscription Service document and Project Schedule. Integrated functionality between Motorola developed products will be completed through the software Page 1034 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-26 Statement of Work Motorola Solutions installation and provisioning activities described herein. Integration activities that have specific requirements will be completed as outlined in this SOW. 2.30.1 Interface Deployment Connectivity will be established between the Motorola system and the external and/or third-party systems to which the contracted software will interface. Motorola will configure the system to support each contracted interface. The Customer is responsible for engaging third-party vendors if and as required to facilitate connectivity and validation of the interfaces. Motorola Responsibilities 1. Establish connectivity to external and third-party systems. 2. Configure interfaces to support the functionality described in the System Description. 3. Validate each interface can transmit and or receive data in accordance with the PremierOne Cloud CAD Subscription Service Customer Responsibilities 1. Act as liaison between Motorola and third-party vendors or systems as required to establish interface connectivity with the Motorola system. 2. Provide personnel proficient with and authorized to make changes to the network and third-party systems to support Motorola’s interface installation efforts. 3. Provide network connectivity between PremierOne and the third-party systems. Motorola Deliverables - PremierOne Interface Deployment Interface deployment/configuration complete - Interface ready for Interface Validation Demonstration Unknown circumstances, requirements and anomalies at the time of initial design can present difficulties in interfacing to some 3rd party applications. These difficulties could result in a poorly performing or even a non–functional interface. At such time that Motorola is provided with information and access to systems Motorola will be able to mitigate these difficulties. If Motorola mitigation requires additional third–party integration, application upgrades, API upgrades, and/or additional software licenses those costs will be borne by the Customer or addressed through the Change Order provision of the Agreement. 2.30.2 Interface Validation Demonstration The objective of Interface Validation Demonstration is to verify that the installed interfaces perform according to IFD in the PremierOne Cloud Subscription Service document. Motorola is not responsible for issues arising from lack of engagement of third-party and/or Customer resources to perform work required to enable/provision and or configure an interface to a 3rd party system, or troubleshooting any issues on the Customer’s third-party systems. Interfaces that cannot be demonstrated due to connectivity issues to external systems, or the unavailability of Customer’s 3rd party system will be demonstrated to the degree the PremierOne functionality can be demonstrated and considered successful upon that demonstration. Interfaces that are not available at the time of go-live due to 3rd party issues or delays will not impact acceptance of any deliverables. Page 1035 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-27 Motorola Responsibilities 1. Conduct a demonstration of each interface, with the Customer, to validate each function per the IFD presented in the System Description. 2. Develop a remediation plan for features that do not perform in accordance with the PremierOne Cloud Subscription Service document. 3. Upon completion, provide the Customer with a Project Milestone Document, to be signed and returned to Motorola. Exceptions will be noted. 4. Schedule follow-up validation to demonstrate resolution of any Severity Level1 errors and document the results Customer Responsibilities 1. Provide access to a resource with access to the interfacing system to validate functionality. 2. Witness the execution of the validation and acknowledge successful completion. 3. Upon completion, sign and return the Project Milestone Document within ten (10) business days 4. Participate in the documentation of items that do not perform in accordance with the PremierOne Cloud CAD Subscription Service document and work with Motorola to develop remediation action(s). Motorola Deliverables - PremierOne Interface Validation Demonstration PremierOne Interface Validation documented of the validation results including exceptions Completion Criteria - PremierOne Interface Validation Demonstration Interface Validation Demonstration completed 2.31 PREMIERONE TRAINING PremierOne Training is conducted based on the quantities that are specified in the Training Plan. The training is conducted on consecutive days, on weekdays during business hours. Alternative training schedules will be subject to additional charge. PremierOne Training materials and User Guides are made available online, Motorola standard format and will not be customized per Customer. The Customer is responsible for providing training facilities in accordance with the Training Plan. The PremierOne CAD Training are classified into two categories: 1. Learning Management Training - Learning Management Training will be available via the Motorola Solutions Software Enterprise Learning Management Solution (LMS). This subscription based service provides Customers with the continual access to the Motorola library of on-line learning content and allows for users the benefit of learning at times convenient to them. 2. Instructor-Led Virtual Training - Instructor-Led Virtual Training will be completed by a Motorola trainer virtually. Motorola Responsibilities 1. Make available Training Materials online 2. Provide Customer access to LMS for LMS Training Page 1036 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-28 Statement of Work Motorola Solutions Customer Responsibilities 1. Ensure End User access to LMS for LMS Training 2. Prior to the Instructor-Led Virtual training PremierOne Cloud CAD access should be verified for all students and access to the PremierOne CAD User Online User Guide and PremierOne CAD Outline provided 3. Prior to Instructor-Led Virtual training confirm access to Adobe Connect for all students 4. Provide Customer personnel that can speak to the operational process/workflow to address any operational questions or discussions. Motorola Deliverables - PremierOne CAD Training Training Material Completion Criteria - PremierOne CAD Training Completion Training Course(s) as defined by the Training Agreement 2.32 PROJECT CONTROLLING PROCESSES The Project Controlling Process begins at Project Initiation and concludes at Project Closure. 2.32.1 Project Repository and Project Control Register The official project repository is the location where all project documentation will be stored. This repository will be the primary repository of record in accordance with the records retention requirements of the performing organization’s policies. The project repository will be located at a Motorola provided Google site. The repository is the primary tool the Project Manager will use to manage and control the project, and contains areas for the following: Customer meeting minutes Project schedule Action Item Register Risk Management Plan Approved Change Orders Approved Business Process Review Report Signed Milestone certificates 2.32.2 Schedule Management Schedule management includes the processes required to manage timely completion of the project. The objective of the schedule management plan is to establish a structured, repeatable schedule management process to support the following: Creation of a master, detailed schedule. Creation of a baseline for the originally planned work start and finish dates. Regular updates to the schedule. Routine monitoring of the progress of all activities against the baseline. Page 1037 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-29 Regular reporting of variance against the baseline. Corrective action taken if the project deviates significantly from the plan. Any new commitments or changes to planned work follow the change control procedure. Utilization of a scheduling tool to maintain a consistent schedule structure. The schedule for this project will be maintained using Microsoft Project. The project schedule will be baselined before work on activities begins. The schedule will be stored in the project repository. Over the course of the project, the Motorola Project Manager will request the Customer to sign off on progress and billing milestones. 2.32.2.1 Project Milestones Progress Milestones memorialize completion of work during the project and could include events such as training completion and other major deliverables. In addition, all contractual billing events will be memorialized with completion of a Milestone Certificate. At such time a milestone event takes place, Motorola will submit a completed Deliverable Milestone Notification either via an informal email for minor milestones or in the form of a Milestone Certificate for major milestones. The Customer will identify the resource that has the authority to formally acknowledge and approve the Deliverable Milestone Notifications to whom Motorola Solutions will deliver the notifications. Upon receiving a Deliverable Milestone Notification, the Customer will have ten (10) business days to approve or reject the Notification, including reasons for the rejection, in written form or electronically via email. 2.32.2.2 Schedule Control The schedule will be monitored and controlled by the Project Manager(s) in the following manner: Monitor the project schedule on a mutually agreed upon timeframe to determine if the project will be completed within the original effort, cost and duration. Identify activities that have been completed during the previous time period and update the schedule to show they are finished and determine whether there are any other activities that should be completed but have not been. If not, determine the critical path and look for ways to accelerate these activities to get the project back on its original schedule. Integrate any fully executed change requests into the project schedule baseline and provide project teams with an assessment of the impact on the timeline. Utilize performance reports to identify which dates in the schedule have or have not been met, as well as for alerting the project team to any issues that may cause schedule performance problems in the future. Obtain progress reports from the various project teams to monitor the status of tasks by collecting information such as start and finish dates, remaining durations for unfinished activities, and any known risks or issues. Changes to the schedule will be managed through the change control procedure. The action item register will be used as a tool to manage and report schedule variance by all project teams. Page 1038 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-30 Statement of Work Motorola Solutions 2.32.3 Communication Management Communications management includes the processes required to support timely and appropriate generation, collection, dissemination, storage, and ultimately disposition of project information. 2.32.3.1 Communication Management Plan The communication tools and documents addressed in the project plan are used for communication between project team members and between the project team members and stakeholders. All of these documents will be stored in the project repository to which all project team members will have access. 2.32.3.2 Project Meetings Meetings are one of the major communication tools used in this project and will be documented in the format of minutes stored in the project repository. Meeting minutes will be taken during the meeting. The project team has the opportunity to comment or change information during the meeting. The minutes should be released within 3 days of the meeting and if applicable, approved within 3 days of receipt. Some meetings (e.g., the Executive Steering Committee meeting) may have different timelines for approval of minutes. Please see the Meetings table below for differing timelines. Minutes for a meeting will be approved by the sponsor or designee 2.32.3.3 Project Communication Tools and Documentation Status Report: Summarize progress of the project and upcoming activities, including reporting budget and schedule variance Meeting Minutes: Written record of a meeting Project Schedule: Tracks cost and schedule variance and budget Communication Tool Frequency Author Recipient Location Status Reports Monthly Project Manager Project Sponsor Google Drive Meeting Minutes As Needed Facilitator Meeting Attendees Google Drive Project Schedule Monthly Project Manager Project Team Google Drive 2.32.4 Project Escalation Process The escalation process addresses those situations when an agreement cannot be reached between the Project Managers and one or more of its stakeholders in a timely manner. The Project Managers may enlist the assistance of its stakeholders in the resolution of an issue to verify the resolution represents the best interests of the project and its stakeholders. The first level in the escalation path would be to the sponsor. If the issue cannot be resolved at that level within the defined time period, the issue is escalated to the executive level. The project team should always strive to make decisions and address items at the lowest level possible; however, when a resolution cannot be reached, the item should be escalated so a decision is made before it impacts the project. Page 1039 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-31 2.32.4.1 Motorola Solutions Escalation Process If there are issues that cannot be resolved with the project team: 1. The first level in the Motorola Solutions escalation path would be to the Project Manager 2. If the issue cannot be resolved at that level within the defined time period, then the issue can be escalated to the Regional Resource/Program Manager 3. If the issue cannot be resolved at that level within the defined time period, then the issue can be escalated to the Regional Resource/Program Manager 4. If the issue cannot be resolved at that level within the defined time period, the issue may be escalated to the Vice-President of Software Enterprise System Integration 2.32.5 Risk Management Risk management is the systematic process of identifying, analyzing, and responding to project risks. It includes maximizing the probability and consequences of positive events, and minimizing the probability and consequences of adverse events to project objectives. 2.32.5.1 Risk Management Plan A risk is considered to be an uncertain event that has the potential to affect project delivery. The practice of risk management is intended to plan and prepare for those possibilities and identify new potential risks throughout the duration of the project. The process for flagging and managing risks is as follows: Risk Identification - This will be done by reviewing project documentation and by conducting brainstorming sessions with the project team. During the planning phase, an initial evaluation of risks will occur by the project team, led by the Project Manager. A project team member can identify new risks at any point during the project. Risk Response Planning - The risk index will be used to prioritize risks. The risks will be rated using the probability and impact as estimated and the risk trigger and owner will be identified for further monitoring of the risk. Risk Monitoring & Control - The risk owner will be responsible for monitoring the risk through the project execution and will report the status during every project management meeting. Any updates to the probability or impact of the risks will be communicated to the Project Manager of the project. When a risk occurs during the project it will be considered an “issue” and be handled according to the agreed response plan. Risk Reporting - The risk response plan will be reviewed and updated for change in probability/impact of the existing risks, new risks identified, and any risk that occurred with the status of the response in action. The risks will be reviewed regularly at project management meetings. Change Requests & Lessons Learned - Any change to the project activities to mitigate a risk or workaround for an unidentified risk may generate change requests. These change requests will follow the procedures detailed in the Change Control section of this document. Any lessons learned will be documented in the lessons learned repository for the project. Page 1040 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-32 Statement of Work Motorola Solutions 2.32.6 Action Items An action item is defined as a question, problem, or condition that requires a follow up activity for resolution. If unsettled, an action item can become an issue, or depending upon the severity of the impact, a risk. Action Items Management Plan All action items will be documented in the project Action Item Register with the updated document being stored in the project repository. The procedures for handling an action item are as follows: Raising the Action Item All project members are responsible for identifying action items. The Project Manager designates the team member who will act as the “action item owner.” The owner is primarily responsible for entering the action item. The owner will be responsible for determining the person(s) who is/are assigned to resolve the action item and for notifying the responsible person of the action item. The owner is the primary point of contact responsible for action item tracking, resolution and closure. Evaluate/Prioritize Action Items The Project Manager, with key stakeholders, objectively assesses the priority each action item will receive with respect to its impact on the project. Consideration in determining priority (high, medium, or low) includes: Assessing the consequences of a delayed response to an action item on quality, project cost, scope, technical success, and schedule. Assessing the impact of an outstanding action item on the overall project – not just the discrete action item. Identifying potential risks associated with the action item. Determining possible response to resolve an outstanding action item. Monitor and Control The project team is responsible for monitoring and controlling action items weekly as follows: Review action item log and assess existing action items that are not in a “Closed” status to determine if: The priority has changed. The due date needs to be changed; If the due date is past due it either needs to be extended out further, or an explanation needs to be added to the notes section providing a current update on the action item and when it is expected to be completed). Ownership needs to be changed. The action item status is “Completed” and can be “Closed”. Identify and assess new action items. Page 1041 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-33 Communication Communicate status of action items to team members and stakeholders. Escalation Once the Project Manager identifies that an action item due date has passed without resolution, the action item may become an issue, based on the priority and potential impact to the project. Closing the Action Item After it has been completed and communicated, it is the responsibility of the owner to close the action item. The Project Manager will audit to verify action items are resolved and closed. 2.32.7 Change Control Change Control is concerned with influencing the factors that create changes to verify that changes are agreed upon, determining that a change has occurred, and managing the actual changes when and as they occur. Changes to the project can impact a variety of areas including cost, scope, schedule, and quality. Changes to the project that impact one or more of these areas must be approved via the Change Order process outlined in the Agreement. A change request is used to identify a change in cost, schedule, scope, and/or quality relating to the project. The change request will specify what the change is and how it will affect cost, scope, schedule, and/or quality. There are times when the change may affect one without the others. All change requests must be approved or rejected by the sponsor or designee and will be documented in the project repository. 2.32.7.1 Change Request Procedure Motorola Solutions and the Customer will utilize the following change control process to manage changes during the life of the project. 1. A change request must be submitted via email to document the potential change - the email for the proposed change must be submitted to Motorola Solutions and the Customer’s project managers who will in turn provide it to relevant parties for assessment. 2. All Change Orders will be logged and tracked - the Customer Project Manager will record the request in the change management log section of the project control register and will update the log throughout the process. 3. The change will be reviewed and, if acceptable to Motorola and the Customer, Motorola will submit to Customer an estimate of the impact to cost, schedule, scope, and quality. 4. Motorola will continue performing the services in accordance with the original agreement unless otherwise agreed upon by the Customer’s Project Manager (work cannot commence on any new activities related to the change request until all parties agree in writing). 5. The Project Managers will adapt project plans to incorporate approved changes. Page 1042 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 2-34 Statement of Work Motorola Solutions 2.32.7.2 Change Control Process Steps for the change control process are as follows: 1. Complete a write-up for the proposed change and submit copies to Motorola and Customer Project Manager(s) who will in turn provide to relevant parties for assessment. 2. Record the request in the change management log section of the project control register. 3. Investigate the impact of the proposed change (cost, schedule, scope) and evaluate the impact of not performing the change. 4. Prepare a response to the proposed change. 5. Retain the original in the project repository. 6. Motorola and Customer agree whether the change should be performed and obtain authorization sign-off of the change request. 7. The change document is created. If Change is not Accepted: Motorola Project Manager will discuss and document the issue with the Customer Project Manager. The proposed change can be modified and re-submitted, or withdrawn, if it is agreed to be non- essential (in this case, the reasons will be documented). If Change is Accepted: Once the change request has been approved and signed by the authorized parties, work may begin. Motorola Project Manager and the Customer Project Manager will adapt project plans to incorporate the approved change. Both Motorola and the Customer must sign-off that a change has been completed. The change control log will be updated. The change control log will be supplied at the progress meetings and/or in status reports. 2.33 PROJECT CLOSURE Project Closure involves the steps to close the project and transition the PremierOne Cloud CAD from the delivery team to Technical Support. 2.34 DOCUMENTATION As part of project completion, Motorola Solutions will validate that the Customer has been provided with electronic copies of solution provisioning and interface configuration documentation, and other information as necessary to provide support to the Customer’s use of the solution. Standard user documentation Configuration documentation Interface Specification Documents Page 1043 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Statement of Work 2-35 All documentation is also archived with the Technical Support Organization along with customer information and access procedures to enable efficient response and resolution of any reported solution issues Motorola Deliverables - Documentation Access to electronic copies of: Standard user documentation Configuration documentation 2.35 TRANSITION TO SUPPORT The system will transition to the support phase of the Agreement per the terms and conditions of the Customer Support Agreement. Page 1044 of 1203 Page 1045 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Training Plan 3-1 SECTION 3 TRAINING PLAN 3.1 COURSE LISTING The following matrix provides detailed information for the classes that have been proposed for the PremierOne Cloud Suite. The matrix includes the number of classes per course type, the maximum number of participants per class and the location of each of the classes. Additional class modules may be obtained by the Customer for an additional fee. Motorola Solutions offers these remote classes as well as Learning Management System (“LMS”) training. Computer-based LMS training is available on demand during the deployment process and for 30 days after live cut. Continued availability of the training module is based on the LMS training package included in the proposal. LMS-P – students must complete LMS prerequisites before attending virtual classroom in-person training LMS-C – these training classes are entirely conducted via LMS on demand with no virtual classroom training component LMS-R – this training offers refresher components that can be taken on demand after the virtual classroom training is completed. Remote – scheduled in-person training conducted with a remote instructor Table 4-1: Training Class List Course Module Maximum No. Attendees Per Class Number of Classes Included Total Users Trained Locatio n Not To Exceed (hours) per Class* PremierOne CAD Train-the- Trainer Training 12 1 12 LMS-P Remote 32 PremierOne Mobile Train-the- Trainer Training Police 12 1 12 Remote 8 PremierOne Mobile Train-the- Trainer Training Fire (includes Handheld training) 12 1 12 Remote 8 PremierOne Mobile User Training n/a n/a n/a LMS-C 8 PremierOne Records Provisioning Training 6 1 6 LMS-P LMS-R 24 PremierOne Records Train- the-Trainer Training 12 1 12 LMS-P Remote 40 * Hours per class is for actual virtual classroom instruction and does not include any LMS prerequisite time. Page 1046 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 3-2 Training Plan Motorola Solutions 3.2 TRAINING OVERVIEW Motorola considers training to be an extremely important aspect of the system installation and requires working closely with the Customer. Prior to the start of training, the Customer will designate a Customer Training Representative. This individual must be familiar with the Customer's daily operations and must attend each Motorola educational course. Motorola trainers will rely on this representative to be the one point of contact for Motorola staff when policy and procedural questions arise, act as course facilitator, and act as the Customer's educational monitor. The Customer will also identify the personnel who will serve as trainers. These individuals must participate in all the Train- the-Trainer courses. In addition to the skills described below, the Customer’s trainers must have prior experience as a classroom instructor and a thorough understanding of the Customer's operations. Other courses will require participants from different areas of the Customer's operations as shown in the individual course descriptions, detailed in Motorola training course descriptions. 3.2.1 System Administrator System Administrator tasks and skills are included here for reference only. Motorola has not included System Administration training in this proposal. 3.2.2 Training Facilities and Schedules The Customer shall provide facilities for training courses, which are alcohol and smoke-free. Both the classroom and workshop classes will require a large screen for viewing the virtual classroom, microphones and speakers, a white-board for in person instructor’s use and shall accommodate student note taking. The workshop format also requires multi-monitor student workstations. Students and instructors will dedicate class time to training and will not be subject to interruptions. Unless remote, at least two days prior to each training course, the instructor shall have access to the training facility and all workstations for setup and workstation configuration. All training will be held at the Customer’s site with a remote instructor; the instructor shall notify the Customer in advance of any teaching aids such as chalkboards or overhead projectors which will be required in the facility. Motorola and the Customer shall mutually agree to training schedules to accommodate the Customer’s shift operations and other site-specific requirements. Evening courses will end by 11:00 p.m. 3.2.3 Training Methods and Procedures Motorola offers three types of training classes: Administrative workshops; focused on providing specialized users with in-depth knowledge on the features, operational, and administrative functions of the system. Train-the-Trainer; instructor-led virtual classroom training that provides key individuals with extensive hands-on use of the system utilizing true-to-life incident scenarios so they can develop and provide training to new users. End User Training; Instructor-led virtual classroom training that provides users with instruction on subject matter relevant to their respective role in using and or supporting the PremierOne System. In addition to facilitated discussion, End User training consist workshop elements where needed, to provide hands on demonstration of the material being presented. Page 1047 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Training Plan 3-3 Students must have a typing proficiency of 25 wpm, knowledge of PCs and Microsoft Windows, and have completed course prerequisites as listed in the course descriptions. Designated Motorola Application Specialists will provide application instruction using several techniques and materials. Instructor Lesson Plan: The instructor’s tool for planning the detailed course content on a module-by-module basis. Training Course Agenda: The student handout that outlines the course sequence of events including duration, and course modules. Training Course Objectives: The instructor’s predefined course objectives. These are provided for Train-the-Trainer classes only. Evaluations: On the final day of a training class, the students will be asked to complete an Instructor Evaluation form. They are optional forms and anonymity is acceptable. Certificates of Attendance: Students completing the Train-the-Trainer class will receive Certificates of Attendance. Attendance Rosters: Customers will provide to the Motorola instructor a roster listing the names of training participants ten (10) days prior to the start of the course. Instructors will complete Attendance Rosters of actual participants for each day of training. Motorola PremierOne User Documentation: An electronic copy of the applicable Motorola Reference Manuals and documentation will be provided prior to training. The Customer is responsible for duplicating and delivering manuals to participating students prior to class commencement. 3.2.4 Session Attendance Motorola is committed to providing a quality training experience and desires that the Customer receives the maximum benefit from each training session. Each training session has been sized to provide the optimal training environment that meets the needs of the students in relation to the complexity of the material being presented. Given the nature of the material being presented and the intensity of the training, it is imperative that maximum course numbers not be exceeded. In the event the number of students in attendance exceeds the published maximum number of students and the list of participants identified on the training roster, Motorola will take corrective action, ensuring the integrity of the session is maintained and the student’s ability to learn is protected. Motorola corrective action may include: ● Delaying the start of training until the number of students in attendance is in line with the maximum number of students allowed for the session. ● Splitting the class into multiple sessions. In such a case, the Customer will be charged for multiple occurrences of the class plus additional expenses, including travel related expenses, incurred by Motorola. Page 1048 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 3-4 Training Plan Motorola Solutions 3.3 COURSE DESCRIPTIONS The following tables provide detailed descriptions of training courses that will be provided as part of the system at the location indicated. Table 4-3: PremierOne CAD Provisioning Workshop Goal: Provide detailed instruction on Computer Aided Dispatch (CAD) provisioning data files. Course Materials: PremierOne CAD/Mobile Provisioning Guide Course Outline Location: Remote / Customer Classroom Duration: Up to 24 hours over three consecutive business days Participants: Those responsible for making the decisions on configuration options. Class Size: Maximum of six (6) students Prerequisite: Knowledge of current CAD application and configuration and agency SOPs. Microsoft and Esri proficiency as defined in the Prerequisites Section. Instructor: Motorola Application Specialist Environment Setup: One (1) workstation for each participant Instructor’s workstation(s) Projector White board (if possible) Microsoft Excel should be installed on at least one training workstation NOTE: Allow one week from the end of provisioning training and the beginning of train the trainer for customer to complete provisioning changes and updates. Motorola Staff Days: One (1) day of preparation Three (3) days training Page 1049 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Training Plan 3-5 Table 4-4: PremierOne CAD Train-the-Trainer Goal: Provide selected personnel with sufficient knowledge to support a comprehensive end user training program. Course Materials: CAD User Guide Course Outline Location: Remote / Customer Classroom Duration: Up to 40 hours over five consecutive business days Participants: Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of twelve (12) students Prerequisite: Knowledge of current CAD application and customer operations. Instructor: Motorola Application Specialist Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board (if possible) NOTE: Allow two weeks from the end of train-the-trainer to the beginning of end user training to allow customer to build site-specific documentation and outline for end user classes. The Motorola Business Analyst will be available for remote consultation in producing documentation and outline. Motorola Staff Days: One (1) day of preparation Five (5) days training Table 4-5: PremierOne Mobile Train-the-Trainer Goal: Provide selected personnel with sufficient knowledge to support a comprehensive end user training program. Course Materials: Mobile User Guide Course Outline Location: Remote / Customer’s facility Duration: Up to 8 hours in a single business day Participants: Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of twelve (12) students Prerequisite: Knowledge of current Mobile application and customer operations. Instructor: Motorola Application Specialist Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board (if possible) Motorola Staff Days One (1) day of preparation One (1) day of training Page 1050 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 3-6 Training Plan Motorola Solutions Table 4-6: PremierOne Records Provisioning Goal: Provide selected personnel with sufficient knowledge to configure PremierOne Records to meet the agency’s needs, including security, agency code tables, personnel, and other administrator items Course Materials: PremierOne Records Provisioning Guide Course Outline Location: Remote / Customer’s facility Duration: 24 hours Participants: Administrators who are responsible for configuring agency information Class Size: Maximum of six students Prerequisite: Knowledge of current business practices Instructor: Motorola Application Specialist Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board (if possible) Table 4-7: PremierOne Records Train-the-Trainer Goal: Provide selected personnel with sufficient knowledge to support a comprehensive end user training program. Course Materials: PremierOne Users Guide Course Outline Location: Remote / Customer’s facility Duration: Up to 40 hours over five consecutive business days Participants: Instructors who are responsible for the in house training of employees and for ongoing user training. Class Size: Maximum of 12 students Prerequisite: Knowledge of current FBR application and customer operations. Instructor: Motorola Application Specialist Environment Setup: A workstation for each participant with network connection Instructor’s workstation(s) with network connection Projector White board (if possible) NOTE: Allow two weeks from the end of train-the-trainer to the beginning of end user training to allow customer to build site-specific documentation and outline for end user classes. The Motorola Business Analyst will be available for remote consultation in producing documentation and outline. Motorola Staff Days: One day of preparation Five days training Page 1051 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Training Plan 3-7 Table 4-8: PremierOne Reporting Training Goal: Provide selected personnel with knowledge on how to create ad hoc reports against the PremierOne DHStoreAnalysis using Microsoft’s SQL Server Reporting Service (SSRS) software. Also provides training on the use of Visual Studio 2008 software to generate module reports within PremierOne Records. Course Materials: SSRS Training Guide Course Outline Location: Remote / Customer’s facility Duration: Up to 24 hours over three consecutive business days Participants: Personnel who will create ad hoc reports Class Size: Maximum of six (6) students Prerequisite: Some knowledge of creating ad hoc reports A full version of Visual Studio 2008 should be installed that includes Visual C# templates. Records TTT or End User Training courses have already been conducted Data pre-exist in the Reporting Data Warehouse (data is typically propagated during the TTT course) Class participants must have some knowledge/experience of creating “on demand” reports. Class participants should have experience working with relational database structures and writing and understanding transact SQL code. Instructor: Motorola SSRS and Reports specialist Environment Setup: Microsoft SQL Server Reporting Services is installed, configured, and working A workstation for each participant with network connection to the PremierOne Records Reports Data Warehouse Instructor’s workstation(s) with network connection Projector White board (if possible) Page 1052 of 1203 Page 1053 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-1 SECTION 4 PREMIERONE GIS REQUIREMENTS 4.1 OVERVIEW This document contains information regarding Motorola PremierOne GIS data requirements. A Geographic Information System (GIS) is a system used to collect, manage, analyze, and display geographic data. This document is intended for use by personnel who are responsible for administering the GIS components of the PremierOne suite. System administration requires an understanding of both current agency system administration rules and procedures and how PremierOne functions. For more information about specific applications, see the PremierOne CAD User Guide, the PremierOne Mobile User Guide, and the PremierOne Provisioning Guide. These documents will be provided post contract. 4.2 PREMIERONE SERVICES GEODATABASE A “Geodatabase” is the common data storage and management framework for ArcGIS. Among other things, it provides the ability to define table columns that use a spatial, or geometric, data type. Database tables used to implement the Geodatabase are stored in an underlying RDBMS, such as Microsoft SQL Server. Geodatabase tables that contain a spatial data type are called “Feature Classes”. Feature Classes with the same spatial reference can be logically grouped within a “folder”- like entity called a “Feature Dataset”. The PremierOne Data Import Tools import the customer’ GIS data into an SQL Server environment. The schema of the PremierOne Geodatabase has been designed to provide optimal performance of the GIS services required by PremierOne. 4.3 GIS DATA REQUIREMENTS AND RECOMMENDATIONS The data recommendations provided by Motorola are to ensure appropriate functionality of the Customer’s data within the Motorola System. The state and quality of GIS data used can directly affect ease of implementation of the Motorola System, ability to perform address validation, response determination and on-going operations related to the Motorola System. This document will describe the data values that must be available in any feature class that will be imported into PremierOne. The names of the source feature classes and their fields do not need to follow any standard. The data import tools will prompt the user to specify the source field name associated with a logical value, such as “street name” or “city”. There are two categories of GIS data utilized by PremierOne: Services data – Data imported from the customer’s GIS source for access by PremierOne’s application services. This data is in a schema that is optimized for PremierOne’s address verification, geocoding, routing, and jurisdiction determination services. Because this data is in a specialized schema, it is not intended to be displayed on a map for visualization by dispatch or mobile users. Page 1054 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-2 PremierOne GIS Requirements Motorola Solutions Map data – Data that is displayed as geographic features on a map. As such, a map data source must contain a spatial attribute. Map data sources are copied into the PremierOne database using a customer-defined schema and are used as data sources for layers in a map document (.mxd). In addition to the spatial attribute, map data sources typically contain text/numeric attributes, such as feature names and other information of operational value. It is expected that PremierOne customers already maintain GIS data in ArcGIS. A customer’s GIS data may represent data that is used for a variety of municipal purposes such as growth planning, zoning, utilities, public safety, et cetera. 4.4 GIS DATA SUPPORTED BY PREMIERONE SERVICES The following GIS feature types that can be utilized by PremierOne are: Street Centerlines Address Points Common Places Response Boundaries Reporting District Boundaries Contractor Boundaries Map Book Page Boundaries Premise Hazard Areas The following is a high level description of the required data used for PremierOne and the optional data that is not required but may be included by the customer. An in depth discussion of data structure and formats is covered during the Customer Kickoff meeting. 4.4.1 Street Centerline The Street Centerline data source must contain at a minimum the following data (Table 4-1): Table 4-1: Street Centerline Minimum Data Field Required Data Type Description Left Low House Yes String(25) Field contains the starting house number on the left side of the street. A house number may be numeric or in a supported alphanumeric or hyphenated format Left High House Yes String(25) Field contains the ending house number on the left side of the street. A house number may be numeric or in a supported alphanumeric or hyphenated format Right Low House Yes String(25) Field contains the starting house number on the right side of the street. A house number may be numeric or in a supported alphanumeric or hyphenated format Right High House Yes String(25) Field contains the ending house number on the right side of the street. A house number may be numeric or in a supported alphanumeric or hyphenated format Street Name Part Fields Yes String(100) A list, in order, of the fields in the source Feature Class that make up the street name. This may include parsed fields containing the prefixes, suffixes, and name or the street name may be stored entirely in a single concatenated field. Page 1055 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-3 Field Required Data Type Description Left City Yes String(150) City Name – Field can represent jurisdictional city or city code. Right City Yes String(150) City Name – Field can represent jurisdictional city or city code. Left Postal City No String(150) Postal City Name – Used within PremierOne Records Right Postal City No String(150) Postal City Name – Used within PremierOne Records Left Zip Code Yes String(20) Postal Zip Code Required for PremierOne Records Right Zip Code Yes String(20) Postal Zip Code Required for PremierOne Records Cost (Time) Yes Double There must be a field in the source street centerline feature class that represents the average time required to traverse the segment. There may be separate values for the left and right side of the street segment if necessary. A formula to determine the travel cost: Minutes: (length of segment in feet x .0114) / speed (mph) or Seconds: (length of segment in feet x .682) / speed* (mph) *Speed Limit is a required field used to calculate Cost. State Yes String(50) The State/Province in which the street exists. Required for PremierOne Records The following table (Table 4-2) exhibits the additional data fields that are not required but may be used with PremierOne: Table 4-2. Additional Data Fields Field Required Data Type Description Left Subdivision No String(150) The name associated with a small area (neighborhood, business park, etc) within a city on the left side of the street. Right Subdivision No String(150) The name associated with a small area (neighborhood, business park, etc) within a city on the right side of the street. Description No String(100) The field in the source Feature Class containing a free-text description of the street segment. This can be used to differentiate street segment features with similar names and address ranges. Low Cross Street Override No String(100) PremierOne automatically generates the cross streets based on the street centerline file during the import process. If a different low cross street is desired it must be entered in this field to override the automatic assignment. High Cross Street Override No String(100) PremierOne automatically generates the cross streets based on the street centerline file during the import process. If a different high cross street is desired it must be entered in this field to override the automatic assignment. Page 1056 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-4 PremierOne GIS Requirements Motorola Solutions Field Required Data Type Description Cross Street Bypass Field No String(2) Denotes which cross street fields need to be protected – L represents the Low Cross Street Name, H represents the High Cross Street name, and LH represents both the Low and High Cross Street names. Routing Fields FromElevation No Long Integer Specifies the ‘elevation’ of a segment FROM node. This field does not require actual elevation in terms of real-world measurements. The value is only used to determine whether a turn is allowed from one street to a street that intersects it in a 2-dimensional space. ToElevation No Long Integer Specifies the ‘elevation’ of a segment TO node. This field does not require actual elevation in terms of real- world measurements. The value is only used to determine whether a turn is allowed from one street to a street that intersects it in a 2-dimensional space. OneWay No Double Specifies the allowed traffic flow on a street segment with respect to the FROM and TO nodes. Valid Values are: FT that specifies the traffic may only flow in the direction from the FROM node to the TO node. TF which specifies the traffic may only travel from the TO node to the FROM node. NT which specifies that traffic does not flow on the segment. NULL or any other designation defines that traffic may flow in either direction (FROM node to TO node, TO node to FROM node) 4.4.2 Street Name Alias Table Street Name Aliases are maintained in a separate table. The GIS BA provides a blank Street Name Alias table to the customer. The schema definition for this table is exhibited in the table below (Table 4-3): Table 4-3. Street Name Aliases Schema Definitions Field Data Type Description GRID String (8) Alpha “grid” part – required for alphanumeric house numbers LOW_HOUSE Long integer The low house numbers for which the alias should be applied. If the alias should be applied to the entire range of the street, simply use 1-999,999,999. HIGH_HOUSE Long integer The high house numbers for which the alias should be applied. If the alias should be applied to the entire range of the street, simply use 1-999,999,999. REAL_PRE_DIR String (4) Prefix Direction of “real” street name REAL_PRE_TYPE String (8) Prefix Street Type of “real” street name. REAL_STREET_NAME String (76) “Real” street name Page 1057 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-5 Field Data Type Description REAL_SUF_TYPE String (8) Street suffix type of “real” street name REAL_SUF_DIR String (4) Street suffix direction of “real” street name ALIAS_PRE_DIR String (4) Prefix direction of “alias” street name ALIAS_PRE_TYPE String (8) Prefix street type of “alias” street name ALIAS_STREET_NAME String (76) “Alias” street name ALIAS_SUF_TYPE String (8) Street type of “alias” street name ALIAS_SUF_DIR String Suffix direction of “alias” street name CITY String (150) Name of the city in which the street belongs. Aliases will only be applied to street segments where the street name parts and the city name match exactly 4.4.3 Street Name Standardization Exceptions Table The Street Name Standardization Exception table is used to assure that street names that match a predefined directional name are parsed correctly when loaded into the PremierOne data schema. For instance, a street name of W ST would be interpreted as a prefix of W and street name of ST when loaded into the PremierOne data schema. Example of predefined directionals are: S, N, W, E, NW, NE, SW, SE, etc. Street Name Standardization Exceptions are maintained in a separate table. The GIS BA provides a blank Street Name Standardization Exceptions table (Table 4-4) to the customer. The schema definition for this table is: Table 4-4. Street Name Standardization Exceptions Field Data Type Description FULL_STREET String(100) The entire street name with prefixes and suffixes. PRE_DIR String(4) Prefix Direction. PRE_TYPE String(8) Prefix Street Type STREET_NAME String(76) Street Name. SUF_TYPE String(8) Street Type. SUF_DIR String(4) Suffix Direction 4.4.4 Location Point Layer Requirements There are two Location Point layers that can be used with PremierOne – Address Points and Common Place Points. 4.4.4.1 Address Point Feature Address Points are optional, however if they are used it is Motorola’s recommendation that they are used sparingly and only for those locations where house numbers do not follow standard addressing rules (i.e. odd/even addresses on the same side of the street, etc) or where they would provide better geocoding accuracy than interpolating a location using a street centerline feature. Page 1058 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-6 PremierOne GIS Requirements Motorola Solutions NOTE: the street naming conventions for the address points must match the street naming conventions on the street centerline file and both the city and zip code must match the street centerline data. The source feature class containing Address Points must contain the following information (Table 4-5): Table 4-5. Address Points Required Information Description Required Data Type Description Address Yes String(100) The main street address (including house number) of the location, not including apartment or building numbers if applicable. The values may exist in the source feature class as a single field, or parsed into two or more separate fields. City Yes String(150) City Name – Field can represent jurisdictional city or city code. Data in this field must match the CITY data in the Street Centerline and the Common Place feature classes Postal City No String(150) Postal City Name – Used within PremierOne Records Zip Code Yes String(20) Zip (Postal Code) in any format. Required for PremierOne Records State Yes String(50) Name of State, Province, etc. Required for PremierOne Records The following are additional data fields that are not required but may be used with PremierOne (Table 4-6): Table 4-6. Additional Non-Required Data Fields Description Required Data Type Description SUBHOUSE No String(18) Used to store supplemental address information, such as a unit, space, or suite number (if applicable). BUILDING No String(20) Used to store building name or number (if applicable) Subdivision No String(150) A well-known name associated with a small area (neighborhood, business park, etc) within a city. Description No String(256) A description can be helpful in situations where locations need to be distinguished from each other, such as in a case where a particular street intersects another street in two distinct places. Floor No String(20) Alphanumeric or numeric (supported in v4.4 or higher) 4.4.4.2 Common Place Point Feature It is Motorola’s recommendation to use Common Place points for locations commonly referenced by a name instead of an address (i.e. Government Buildings, Churches, Grocery Stores, Malls, Retail Stores, etc.). These types of common places have valid addresses but are not often referenced by the caller using the address. In the chart below the Address field is noted as Required = No however, if there is a known address it should be included with the record for address validation purposes. Page 1059 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-7 There are common places that do not have a valid address. This would include locations that are known by a specific name such as mile markers. Other types are locations that are well known in the community similar to locations like 4 corners, the bronze statue, the Towers, etc., where the address field would be blank. NOTE: the naming conventions for the street names in the address field must match the naming conventions on the street centerline file, and both the city and zip code must match the street centerline data. The source feature class containing Common Places must contain the following information (Table 4-7): Table 4-7. Common Places Required Information Description Required Data Type Description Place Name Yes String(100) The name used to refer to the location. Address No* String(100) The main street address (including house number) of the location, not including apartment or building numbers if applicable. The values may exist in the source feature class as a single field, or parsed into two or more separate fields. *It is recommended that if the location has a valid address that it be included with the record. City Yes String(150) The name of the city for which the address point belongs. Postal City No String(150) Postal City Name – Used within PremierOne Records Zip Code No String(20) Zip (Postal Code) in any format. State No String(50) Name of State, Province, etc. The following are additional data fields that are not required but may be used with PremierOne (Table 4-8): Table 4-8. Non-Required Data Fields Description Required Data Type Description Place Type No String(25) A user-defined category for which the location belongs (i.e. SCHOOL, BUSINESS, POLICE STATION, etc) Subhouse No String(18) Used to store supplemental address information, such as a unit, space, or suite number (if applicable). Floor No String(20) Alphanumeric or numeric (supported in v4.4 or higher) Building No String(20) Used to store building name or number (if applicable). If the location represents a store in a mall, the BUILDING value could be used to store the name of the mall. This allows for alternate search methods by Place Name or Building Name. Subdivision No String(150) A well-known name associated with a small area (neighborhood, business park, etc) within a city. Description No String(256) A description can be helpful in situations where locations need to be distinguished from each other, such as in a case where a particular street intersects another street in two distinct places. Page 1060 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-8 PremierOne GIS Requirements Motorola Solutions Description Required Data Type Description Place Name Alias No String(100) One or more fields containing place name aliases can be defined. 4.4.4.3 Common Place Alias Table Common place aliases may reside in the common place feature class or they may be maintained in a separate table. Maintaining alias names in the common place feature class requires one column per alias (i.e. a common place with 3 alias names would require 3 alias fields, a common place with 5 alias names would require 5 alias fields, etc.). There is no limit to the number of aliases per record. Common place alias names may be maintained in the Common Place Alias table (Table 4-9). The GIS BA provides a blank Common Place Alias table to the customer. The schema definition for this table is: Table 4-9. Common Place Alias Table Field Data Type Description ALIAS_PLACE_NAME Text (100) Alias common place name REAL_PLACE_NAME Text (100) “Real” common place name REAL_PLACE_ADDRESS Text (100) “Real” common place address. REAL_PLACE_CITY Text (150) “Real” common place city identifier 4.4.5 Response Boundaries Response Boundaries are represented by closed shape polygons in the GIS data. The purpose of creating boundaries, for use in CAD, is to recommend the streets, intersections, and common places to the boundaries they fall within. The polygons will represent the smallest named geographic area used to determine agency and beat-assigned resource responsible for responding to incidents. The boundary layers are user-defined and may include law beats (for agencies requiring law dispatch), fire zones (for agencies requiring fire dispatch), EMS zones (for agencies requiring emergency medical dispatch, etc. The source feature class(es) containing Response Boundaries must contain the following information (Table 4-10): Table 4-10. Response Boundaries Required Information Column Required Data Type Description Name Yes String(100) The name of the boundary(beat), such as “BEAT 100”, F10, “STATION 5”, or “WEST SUBURBS” Agency Yes String(25) The PremierOne Agency ID corresponding to the agency responsible for responding to incidents created within this boundary Floor No String(20) Alphanumeric or numeric (supported in v4.5 or higher) Page 1061 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-9 4.4.6 Reporting District Boundaries Reporting District Boundaries are features that are represented geometrically by a polygon (area) which represent the geographic areas used for reporting. Each reporting district boundary feature is specific to a single agency. Motorola Solutions recommends that all reporting district boundaries for a particular agency type (i.e. Law, Fire, Medical, et cetera) be maintained in a single GIS data source. The source feature class(es) containing Reporting District Boundaries must contain the following information (Table 4-11): Table 4-11. Reporting District Boundaries Required Information Column Required Data Type Description Name Yes String(50) The name of the boundary, such as “A100”, NW14, 362, etc… Agency Yes String(25) The PremierOne Agency ID corresponding to the agency associated with the reporting district. Floor No String(20) Alphanumeric or numeric (supported in v4.5 or higher) 4.4.7 Contractor Boundaries Contractor Boundaries are features represented geometrically by a polygon (area). These features represent the geographic areas used to define Contractor rotations. Each Contractor boundary feature is specific to a single agency. Motorola recommends that all Contractor boundaries for a particular contractor type (i.e. Tow, Taxi, Board Up, etc) be maintained in a single GIS data source per agency type. Using Contractor Boundaries is optional. The source feature class(es) containing Contractor Boundaries must contain the following information (Table 4-12): Table 4-12. Contractor Boundaries Required Information Column Required Data Type Description Name Yes String(25) The name of the boundary, such as “BEAT 100”, “STATION 5”, or “WEST SUBURBS” Agency Yes String(20) The Agency ID corresponding to the agency responsible for responding to incidents create within this boundary 4.4.8 Map Book Features Map Book Page Boundaries are features that are represented geometrically by a polygon (area) which represent the geographic areas defined in a paper map book. Typically, these polygons are square or rectangular depending on the pages of the physical map book. Map Book boundaries are not specific to an agency or agency type. The source feature class containing Map Book Boundaries may contain the following information (Table 4-13): Table 4-13. Map Book Boundaries Required Information Page 1062 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-10 PremierOne GIS Requirements Motorola Solutions Field Required Data Type Description Book Name Yes String(25) The name of the map book Page Number No String(8) Grid Reference Yes String(8) The grid name specific to the page (for example, “A1”). 4.4.9 Premise Hazard Areas Premise Hazard Areas are features that are represented geometrically by a polygon (area) which represent geographic areas associated with specific premise/hazard information. The purpose of the Premise Hazard area(s) is to provide the ability to assign the same premise hazard information (i.e. gate code, etc.) to multiple addresses within a polygon area instead of provisioning each address within that area manually on CAD. Premise Hazard areas are not specific to an agency. A premise hazard boundary data source requires the following attributes: Premise Hazard Area Layer Name – Unlike the other Data Import Tools, the Premise Hazard Area Import tool does not accept a geodatabase feature class as the input source. Rather, it accepts a layer file which can be exported from a layer item in ArcMap. By using a layer file, the color and transparency properties configured for the map layer can be imported along with the data, allowing the layer display properties to be carried over when the premise hazard areas are displayed on the PremierOne Client maps. Area Name – Field containing a short name associated with the Premise Hazard Area. PremierOne also supports an attribute for a Description. This can be used to associate a longer description to describe the premise hazard area than the Area Name value supports. 4.4.10 Map Display The PremierOne map display uses ArcMap documents (*.mxd files). The ArcMap document should contain all layers used for the PremierOne data upload and may include additional layers not required for dispatching (i.e. parks, fire hydrants, water, railroads, etc). The data for the Map Display is not required for the initial data upload and will be reviewed during the PremierOne Import Tool training class. Map Layer Hyperlink Field A hyperlink field is supported in v4.5 within the Universal Map. Hyperlinks can be stored within any map layer data source in column that is named “hyperlink”. For ease of maintenance it is most convenient to create a new point geometry layer specific for maintaining hyperlinks. Field Required Data Type Description Hyperlink No String Internet URL, File path (files must exist in listed path on each workstation) This field can support one hyperlink per feature. 4.4.11 2D Indoor Map Requirements Universal Map supports 2D indoor map layers to display interior features of buildings such as schools, shopping centers, hospitals, or other buildings that have GIS indoor floor plans. If the required layers are added and correctly attributed, it can also be used to search for features by name. Page 1063 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-11 For instance, a building footprint layer can be searched by name and used as a reference point for assisting in locating a wireless caller. Each layer/table must be named exactly as listed below and within each layer there are required fields which also must be named exactly as listed below (case-sensitivity is enforced). The required layers, tables, and fields must be present and populated for the software to function at a base level (e.g. utilizing the floor picker in Universal Map to display rooms on different floors, accessing preplan attachments, etc.). Each of the layers referenced below should contain all floors of all buildings in one layer, specific to the feature type (Polygon, Line, and Point). The software is designed to only display the features on each floor via the floor picker. After all layers/tables are built with the required fields and named as required, a Mobile Map Package (mmpk) or ArcGIS Server Map Service containing these layers/tables is required. The mmpk/map service must be built from a file geodatabase, personal geodatabase, or shapefile in the latest version of ArcPro. If using a Mobile Map package, the indoor mapping layers/tables should be included in the same package as the rest of your base/operational layers. Indoor Mapping data is only available when zoomed into the map at a scale below 1:1000. Indoor Mapping layers/tables are not displayed in the Maps panel and cannot be manually displayed/hidden via the Legend (Table of Contents). The attribute priorities are as follows: REQUIRED – This attribute must be present in the data and cannot contain NULL values. OPTIONAL – This attribute must be present in the data and may contain NULL values. RECOMMENDED – This attribute need not be present, but is recommended for use in creating Symbology and/or Labeling on the layer. Any other attribute not explicitly documented can also be added to any table/layer for any other purpose. Required Table Name: buildingPlan Table Description: Table containing Floor information for all buildings Priority Attribute Field Data Type Purpose REQUIRED buildingId Text(64 characters) Every individual building must have a unique buildingId value. This attribute is used to associate items across all of the Indoor Mapping layers/tables. The GIS Administrator is responsible for defining and maintaining building IDs. Any 64-character value can be used (such as a Parcel number, GUID, etc). REQUIRED floorLabel Text (10 characters) The value to display in the Floor Picker. It is recommended that these be short “elevator- style” labels. Like buildingId, floorLabel is used to associate items across all of the Indoor Mapping layers/tables. REQUIRED floorDescription Text (64 characters) This value will be displayed when hovering over a floor in the Floor Picker. This can be a longer description of the Floor (such as “Underground Parking Level 1”). Page 1064 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-12 PremierOne GIS Requirements Motorola Solutions Required Table Name: buildingPlan Table Description: Table containing Floor information for all buildings Priority Attribute Field Data Type Purpose REQUIRED relativeLevel Short Integer This value is used to determine how floors should be sorted in the Floor Picker. Floors are sorted by the relativeLevel values from highest (on top) to lowest (on bottom) in the Floor Picker. For example: relativeLevel floorLabel floorDescription 2 2 2nd Floor 1 G Ground Floor -1 B Basement -2 P1 Underground Parking Level 1 Required Layer Name: buildingPoly Layer Description: Polygon layer representing the outline of interior/exterior walls and doors of a building. Priority Attribute Field Data Type Purpose REQUIRED buildingId Text(64 characters) See description in buildingPlan. There may be several buildingPoly features for any floor of any building. The buildingId and floorLabel values of each buildingPoly feature must exactly match the buildingId and floorLabel values of a specific row in the buildingPlan table. REQUIRED floorLabel Text (10 characters) See description in buildingPlan. There may be several buildingPoly features for any floor of any building. The buildingId and floorLabel values of each buildingPoly feature must exactly match the buildingId and floorLabel values of a specific row in the buildingPlan table. OPTIONAL isFootprint Text (1 character) By default, the map will not display any buildingPoly, buildingLine, or buildingPoint features until a building is selected and the Floor Picker is displayed. However, if there is no other means of displaying the “footprints” of buildings using another layer, putting a value of “Y” in the isFootprint attribute will cause the buildingPoly feature to be displayed prior to the building being selected. This gives the user an opportunity to see that indoor mapping data exists at this location so they can click on the building and display the Floor Picker. Page 1065 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-13 Required Layer Name: buildingPoly Layer Description: Polygon layer representing the outline of interior/exterior walls and doors of a building. Priority Attribute Field Data Type Purpose RECOMMENDED type any This field can have any attribute name and any data type. This field can be helpful for creating symbology for buildingPoly features in the map if desired. RECOMMENDED label any This field can have any attribute name and any data type. This field can be helpful for displaying labels for buildingPoly features in the map if desired. Required Layer Name: buildingLine Layer Description: Line layer representing the outline of interior/exterior walls and doors of a building. Priority Attribute Field Data Type Purpose REQUIRED buildingId Text(64 characters) See description in buildingPlan. There may be several buildingLine features for any floor of any building. The buildingId and floorLabel values of each buildingLine feature must exactly match the buildingId and floorLabel values of a specific row in the buildingPlan table. REQUIRED floorLabel Text (10 characters) See description in buildingPlan. There may be several buildingLine features for any floor of any building. The buildingId and floorLabel values of each buildingLine feature must exactly match the buildingId and floorLabel values of a specific row in the buildingPlan table. RECOMMENDED type any This field can have any attribute name and any data type. This field can be helpful for creating symbology for buildingLine features in the map if desired. RECOMMENDED label any This field can have any attribute name and any data type. This field can be helpful for displaying labels for buildingLine features in the map if desired. Page 1066 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 4-14 PremierOne GIS Requirements Motorola Solutions Required Layer Name: buildingPoint Layer Description: Point layer representing the location of features such as stairs, restrooms, elevators, etc. within a building Priority Attribute Field Data Type Purpose REQUIRED buildingId Text(64 characters) See description in buildingPlan. There may be several buildingPoint features for any floor of any building. The buildingId and floorLabel values of each buildingPoint feature must exactly match the buildingId and floorLabel values of a specific row in the buildingPlan table. REQUIRED floorLabel Text (10 characters) See description in buildingPlan. There may be several buildingPoint features for any floor of any building. The buildingId and floorLabel values of each buildingPoint feature must exactly match the buildingId and floorLabel values of a specific row in the buildingPlan table. OPTIONAL extResrce Text (1024 characters) A field containing links to external resource documents such as images, floorplans, etc. See Section 2.0 for additional requirements. RECOMMENDED type any This field can have any attribute name and any data type. This field can be helpful for creating symbology for buildingPoint features in the map if desired. RECOMMENDED label any This field can have any attribute name and any data type. This field can be helpful for displaying labels for buildingPoint features in the map if desired. 4.4.12 Universal Map Local External Resource Link Requirements The following information provides details about the requirements needed for external resource links to function properly in Universal Map. External resource links need to be included in GIS data layers in the external resource link (extResrce) field and must match the file path exactly to where the files are located. External resource links must include the path to the file or URL. Local file and network file paths must be enclosed in double quotes. Avoid spaces in folder and file names (e.g. Use “MyFile” instead of “My File”). Following are samples of links that are supported that must be included in the map data layers’ External Resource Links (extResrce) field: URLs (e.g. http://www.vestapublicsafety.com) Local file paths (e.g. “C:\Path\To\File”) Local network file paths (e.g. “\\NetworkShare\Path\To\MyFile”) The extResrce field may contain 0-Many links. Each link must include a short description (contained within square brackets) followed by a resource location (contained within angled brackets). The following are examples of links that are supported and where those could be located. Proper links must be included in the map data layers’ External Resource Links field: Page 1067 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PremierOne GIS Requirements 4-15 Sample Internet Links [Yahoo!] <http://www.yahoo.com> [Click here to go to Google!] <http://www.google.com> Sample File Links [A Text File] <C:\My Documents\Path\To\File.txt> Sample Multiple Links [Click here to go to Google!] <http://www.google.com> [A Text File] <C:\My Documents\Path\To\File.txt> Examples of files that can be linked include: PDF files Text or Microsoft Word files Image / Photo files (e.g. JPEG, PNG) Website URLs Note that the Windows Operating system will determine which installed application a resource will be loaded in based on the file’s extension (i.e. “pdf”, “jpg”, “txt”). If no application is registered in Windows for a specific resource’s file extension, the resource will not load properly and Windows may prompt the user to specify which installed application should open the resource. Linked files should be stored on each workstation or a network location accessible by each workstation. Network rules and infrastructure must be in place for the workstation to reach the locations of the files or the URLs. Locations where these can be stored include: Local hard drive Local attached drive Internal network shared drive Internal network web server External internet web server Page 1068 of 1203 Page 1069 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Proposal Pricing 5-1 SECTION 5 PROPOSAL PRICING 5.1 PREMIERONE CLOUD CAD AND MOBILE WITH PREMIERONE CLOUD RECORDS Motorola pricing is based on a complete system solution. The addition or deletion of any component(s) may subject the total system price to modifications. PremierOne CAD, Mobile and Records Cloud Subscription Pricing Year 1 Year 2 Year 3 Year 4 Year 5 Five Year Total One-Time Fixed Total Costs $500,000 $500,000 PremierOne Cloud CAD Subscription Fees $103,532 $103,532 $103,532 $103,532 $103,532 $517,660 PremierOne Cloud Records & Records Mobile Subscription Fees $238,316 $238,316 $238,316 $238,316 $238,316 $1,191,580 PremierOne Cloud Mobile Subscription Fees $112,000 $112,000 $112,000 $112,000 $112,000 $560,000 Less Subscription Discount ($83,054) ($83,054) ($83,054) ($83,054) ($83,054) ($415,270) Subscription Fees Total $370,794 $370,794 $370,794 $370,794 $370,794 $1,853,970 Solution Total 5 Year Total $870,794 $370,794 $370,794 $370,794 $370,794 $2,353,970 PremierOne Cloud Solution One-Time Fixed Total Costs: $500,000.00 Original Spillman Flex Contract:$925,000.00 Less Motorola Solutions Credit:($677,934.00) Spillman Flex Contract Balance:$247,066.00 Original Down Payment: $350,000.00 Original Lease Payment: $156,669.50 Total Cash Payments To Date:$506,669.50 Net Credit Due Boynton Beach:($259,603.50) Total Fixed Cost Balance to Be Paid: $240,396.50 Motorola Solutions PremierOne Cloud Fixed Cost Summary (Includes financing credits from previous project) Revised 06/18/20 Page 1070 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 6-2 PremierOne Data Sheets Motorola Solutions SECTION 6 PREMIERONE DATA SHEETS The PremierOne CAD, Mobile and Records Data Sheets are on the following pages. Page 1071 of 1203 •Body Worn Cameras •In-Car Cameras •License Plate Readers •Security Cameras •Video Storage Compliant •Video Analytics •Smart City •Early Warning Systems •Real-Time Crime Center Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. 11-2019 Motorola Solutions has created the first and only mission critical ecosystem built for Public Safety & Enterprise. Its four platforms create the lifeline your safety and mission depend on. Our mission is to never stop advancing that lifeline. LAND MOBILE RADIO (LMR) •Mobile & Portable Two-Way Radios •Radio Accessories •Extended Mics •Bluetooth Mics •Radio Applications •In-Car Repeater •Community Engagement •Emergency Call Management •Voice & Computer-Aided Dispatch •Real-Time Intelligence Operations •Field Response & Reporting •Records & Evidence Management •Analysis & Investigation •Jail & Inmate Management •Interop & Collaboration •Infrastructure •Towers •Shelters •Generators for Failover •Maintenance •Radio Repair •Cybersecurity MISSION CRITICAL COMMUNICATIONS COMMAND CENTER SOFTWARE VIDEO SECURITY SOLUTIONS MANAGED & SUPPORT SERVICES MISSION CRITICAL COMMUNICATION COMMAND CENTER SOFTWARE VIDEO SECURITY SOLUTIONS MANAGED & SUPPORT SERVICES CUSTOMERS-CITIZENS LTE •Handheld LTE devices (LEX-L11) •Broadband PTT •Voice over LTE •LMR over LTE •Vehicle LTE Modem •Telematics Tracking •Holster Sensors •Vest Sensors •FirstNet Page 1072 of 1203 THE END-TO-END PUBLIC SAFETY TECHNOLOGY SUITE Citizen Engagement Tools and Crime-Tipping Software Incident Awareness Incident Management Post-Incident Resolution Call-Routing Software, NG9-1-1 Emergency Call Handling Software Computer-Aided Dispatch Software, Dispatch Consoles, Mass Notification Solutions Situational Intelligence Software, Video Analytics, License Plate Recognition Software Digital Evidence Management Software, Records Management Software Video and Data Analytics Software Jail and Inmate Management Solutions COMMUNITY ENGAGEMENT Citizen EMERGENCY CALL MANAGEMENT 9-1-1 Call Taker VOICE & COMPUTER AIDED DISPATCH Dispatcher REAL-TIME INTELLIGENCE OPERATIONS Intelligence Analyst RECORDS & EVIDENCE MANAGEMENT Records Specialist ANALYSIS & INVESTIGATIONS Crime Analyst JAIL & INMATE MANAGEMENT Corrections Officer LTE LMR FRONTLINE RESPONDER Mobile Apps & Field Reporting Radio, Body-Worn Camera, In-Car Camera and Smartphone Motorola Solutions’ complete ecosystem of software, mission-critical communications and video is designed for the mission-critical needs of first responders and public safety agencies. With the ability to integrate these separate technologies, agencies can accelerate information sharing across workflows to operate more efficiently and gain deeper insights. View the diagram to the right to explore how Motorola Solutions’ technology fits into each facet of public safety. WORK SAFER AS ONE, FROM CALL TO CASE CLOSURE FOR MORE INFORMATION, Contact your Motorola Solutions Account Representative or visit us online at motorolasolutions.com. INFRASTRUCTURE SERVICES, DEVICE SERVICES, CYBERSECURITY THREE TIERS OF MANAGED AND SUPPORT SERVICES OFFERED ACROSS ENTIRE TECHNOLOGY PLATFORM FINANCING AND FLEXIBLE PAYMENT OPTIONS AVAILABLE We understand that budget constraints can delay mission critical needs today. For this reason, Motorola Solutions offers a wide range of flexible low-interest financing options to work around your needs and your budget. Contact your account representative for more information. Page 1073 of 1203 1 First responders can be in danger at any moment of any day. Whatever the situation, public safety operations depend on immediate access to the best information available. Saving time and lives. PremierOne Computer Aided Dispatch (CAD) incident and resource management system is transforming public safety and dispatch operations. It streamlines the capture, correlation and real-time distribution of mission critical information for improved dispatch decision making and increased responder awareness and safety. When seconds count and information is flowing quickly, concentrate on the situation at hand – bring together voice, data and video information for a complete operational view – optimizing real-time decision making. Ensure responders have better intelligence upfront – location history, live surveillance video, building plans, suspect photos and rap sheets – distributed at the same time units are dispatched. IDENTIFY AND SEND AVAILABLE RESOURCES IMPROVE INCIDENT OUTCOMES Information is transfered to the CAD system Available resources are quickly identified First responders are enroute to the incident in a matter of secondsRE S P OND D ISPATCHCAPT U R ERESOLVE PREMIEREONE™ CAD Page 1074 of 1203 2 Handle calls faster, allocate resources more efficiently and coordinate seamlessly with other departments and agencies. Make every second count with a PremierOne™ CAD system you can rely on. Create a continuous workflow, enabling dispatchers to control the data entry process instead of the process controlling them. The “work assist” area provides instant access to supplemental, dynamically generated information – such as addresses, alerts, premise records and hazard validation – without pop-ups that can disrupt workflow. Address verification occurs without a break in data entry, and dispatchers can decide what data to view and when to view it, maximizing their control of the workflow. Improve your decision-making by intelligently correlating and delivering mission critical information from multiple sources in real time. Dispatchers can attach multimedia files – text messages, mug shots, 9-1-1 recordings, building pre-plans, video Become an active part of your operationthat goes beyond Geographic Information System (GIS) plotting points on a map. Accurately depict the location of callers, incidents and resources, which is critical to fast and successful responses. A location-based solution with GIS components developed using the Esri® ArcGIS resources, PremierOne CAD provides centralized spatial database services and a robust mapping client that allow for faster back-up and response. MAXIMIZE THE MINUTE UNINTERRUPTED WORKFLOWS FOR EFFICENT OPERATIONS LEVERAGE THE POWER OF MULTIMEDIA ROBUST GIS INTELLIGENCE ENHANCES RESPONSE “WHEN YOU’RE TALKING ABOUT AN INCIDENT WHERE SOMEONE IS INJURED OR IN HARM’S WAY, LITERALLY JUST FIVE OR 10 SECONDS MAKES A BIG DIFFERENCE IN THE OUTCOME FOR THAT VICTIM.” Cmdr. David Wilson Ventura Police Department, CA DISPATCH THE RIGHT RESOURCES IN A MATTER OF SECONDS MULTIPLE-INJURY ACCIDENT. SHOTS FIRED. WEATHER EMERGENCY. HIGH-RISE FIRE. TRAFFIC STOP. clips – to incidents, messages and alerts. Advanced mapping and video capabilities take incident management to the next level by allowing you to view real-time video from the CAD map, delivering tactical information to the dispatcher’s position based on incident location. Page 1075 of 1203 3 The days of stand-alone CAD are over. So are the burdens of working with siloed environments, disparate applications and duplicate data entry, plus the dangers of having to shift focus from one system to another. Today you can work with a system that integrates key information from many sources: 9-1-1, two-way radio systems, video cameras and mission critical data resources. When lives and property are in danger, dispatching the closest resources with the right equipment and training to do the job is critical. PremierOne CAD lets you customize responses that reflect your department’s operations and procedures. Flexible fire and EMS-specific recommendations and run cards are created using critical factors, such as skills, capabilities, time of day, apparatus, split vehicle attendance and alarm level, to ensure the right response is dispatched. Your public safety response often requires multi-agency coordination with neighboring cities, counties, regional and national resources. Whether in the communications center or deployed in a mobile command post, PremierOne™ CAD optimizes interoperability. Response teams benefit from enhanced information sharing and a unified operational view of incidents that ensure a well-orchestrated and coordinated response. TRANSFORM THE WAY YOU RESPOND AND CONNECT FIRE AND EMS-SPECIFIC RECOMMENDATIONS INTEROPERABILITY AND COLLABORATION AGENCIES MOVE TO PREMIERONE 50+ CAD systems 1,000+ agencies 64M citizens Serving NEW USERS COMING ONLINE EVERY MONTH NEW LEVELS OF INTEGRATION, EFFICIENCY AND SAFETY Designed to streamline workflows, maximize awareness and improve decision making, PremierOne CAD integrates with: NG9-1-1 CALL CONTROL – simplify call handling by integrating call taking functionality, voice calls and citizen texts simultaneously. MCC 7500 IP DISPATCH CONSOLE – provide commonly used console functionality directly within the CAD user interface. RESPONDER LOCATION – receive real-time information about the location and status of field personnel plotted on a map to improve response time and officer safety. COMMANDCENTRAL AWARE – select and view video feeds directly from your CAD map to enhance incident understanding, monitor developing situations and improve outcomes. RADIO MESSAGING – seamlessly exchange information with data-enabled radios; send/receive message, BOLOs, update status, license plate checks and queries. MOBILE/HANDHELD – share information seamlessly with officers in the filed for accurate, informed response. Page 1076 of 1203 4 “ THE NEW SYSTEM HAS MADE OUR JOB SO MUCH EASIER BECAUSE THE INFORMATION IS RELIABLE, DETAILED AND EASILY DISTRIBUTED. EVERYONE IS MORE INFORMED AND SITUATIONS CAN BE QUICKLY ADDRESSED.” WHEN LIVES ARE ON THE LINE, RELY ON THE SPEED OF INTUITION TO SIMPLIFY WORKFLOWS FOR EFFECTIVE INCIDENT MANAGEMENT – SO YOU CAN MAXIMIZE THE MINUTE. Motorola Solutions Inc. 1301 E. Algonquin Road, Schaumburg, Illinois 60196 U.S.A motorolasolutions.com/icc MOTOROLA and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. PREMIERONE CAD DATA SHEET To learn how PremierOne CAD and PremierOne Smart Public Safety Solutions can help you save time, streamline information access and sharing across your operations, contact your Motorola Solutions representative or visit motorolasolutions.com/premieronecad Tina Tomlin, 9-1-1 Communications Director, Bernalillo County, NM Building a new command center is a team effort. Our service personnel are the best in the industry. They are experienced in working with public safety agencies. We work with your teams to identify your unique workflows, records systems, data capture and any other unique requirements. Together we build out the system to your exacting specifications. A common platform ensures the ability to share consistent and uniform information across PremierOne and third-party applications. Service Oriented Architecture (SOA) designed on Microsoft ® .NET technology increases operational, reporting and administrative efficiencies across multiple applications and platforms. with load balancing and fault tolerance in mind. As your system is implemented Motorola Solutions is committed to helping you get the system up and running. It is a team effort, complete with comprehensive training and support. We work with your teams to integrate your workflows and processes to minimize training requirements. And we make sure that on day one your teams are ready to respond with confidence. PremierOne™, CJIS complaint CAD provides a modular foundation that allows you to easily add more agencies, applications and capabilities as your needs evolve so you can optimize your platform investment by starting with what you need now and adding to it over time to grow your system. From simple deployment packages for small agencies to complex multi-site, multi-position systems with unlimited positions we have the right system for your needs. BUILT FOR TODAY. READY FOR TOMORROW COMMON PLATFORM COMPREHENSIVE TRAINING AND SUPPORTHIGHLY CONFIGURABLE - WORKS THE WAY YOU DO Page 1077 of 1203 PREMIERONE MOBILE DATA SHEET Decisions made and actions taken in the first few seconds determine the extent of injury, damage, and even loss of life. To respond quickly, confidently and safely, first responders need accurate situational awareness of the incident as it unfolds. IS THERE ONE OR MULTIPLE SHOOTERS? IS THE RIOT CROWD DISPERSING OR GROWING? IS THE FIRE CONTAINED OR SPREADING? PremierOne Mobile delivers critical multimedia information, optimized for the mobile environment. It goes far beyond extending CAD data to the field – synthesizing all critical information into actionable intelligence and delivering a single operational view of the situation at hand. Eliminate guesswork assessing a situation – allowing first responders to make more confident decisions, develop a more effective plan of action and ensure better outcomes. Timely information as the incident unfolds is critical to maximizing every minute on scene and ultimately controlling and closing out an incident. ENHANCE DECISION MAKING ACCESS CRITICAL DATA IN THE FIELD ™ RE S P OND D ISPATCHCAPT U R ERESOLVE Text of potential perpetrator is shared with responding officer Gather critical information when enroute to the scene EMS team receives a video of the scene to assess potential victims Page 1078 of 1203 2 Every day, first responders have to make life and death decisions in a matter of seconds. They need the best information available, and they need it immediately. The more they know about the situation, the better their decisions will be. They need to maximize every minute in the field to help keep citizens safe. Whether saving precious seconds with high-priority notifications that are received before incidents are dispatched, getting real-time alerts that notify users of situational changes or accessing critical multimedia information like live video, photos, voice recordings and floor plans, PremierOne™ Mobile quickly turns information into action. With real-time situational intelligence, first responders can feel confident in their decisions because they have instant access to updates as events unfold. Information overload can be just as dangerous as not enough information. Simplify information access with easy, one-touch navigation to critical data and functions. Each dispatch automatically provides first responders with crucial historical information on people, vehicles, premises, hazards and prior incidents, along with visual and voice drive directions. When a first responder receives a dispatch notification, one touch of the screen acknowledges the incident, sets status to “enroute,” alerts dispatch to the officer’s location and provides a full view of incident details. Incident updates automatically display on the Mobile Client, allowing officers to maintain their focus on driving or the situation at hand. You know how important it is to keep “feet on the street” and improve operation efficiencies. But there are administrative tasks that need to get done. Public safety agencies can take field operations to new levels of efficiency and safety with PremierOne Mobile by transforming the work environment and providing a fully functional mobile office in each vehicle including full incident management functionality. Field personnel can monitor incidents, see the status and location of other units, query databases, view video and photos, create reports, and interact with personnel across multiple jurisdictions. Geographic map boundaries can be set to send automatic notifications to other units, alerting them to ongoing operations or hazardous areas. Mobile users can also dynamically update new information, create incidents and dispatch themselves directly from the Mobile Client. Bottom line, PremierOne Mobile makes field personnel more effective and helps keep them out on the street protecting the community. Unlike other field-based reporting solutions, PremierOne Mobile and Records Mobile Client, is a complete records management application that allows field personnel to create and complete reports whether they are in a connected or disconnected mode. They function together, allowing officers to work from a single platform with a consistent user experience. The ability for first responders to share incident and query data eliminates the need for data re-entry, which reduces errors and saves keystrokes. MAXIMIZE THE MINUTE SAVE TIME WITH SMARTER RESPONSES SINGLE-TOUCH ACCESS FULLY FUNCTIONAL MOBILE OFFICE POWERFUL IN-FIELD REPORTING The system also provides multi-agency status monitoring and mapping, allowing users to track incident and response statuses in real time. In an emergency, a single screen touch initiates notifications to dispatch, fellow officers and the closest units from other agencies that help is needed.RE S P OND D ISPATCHCAPT U R ERESOLVE Page 1079 of 1203 3 Technology should be intuitive. It should work the way you work, even under the most stressful and demanding circumstances. To learn and understand the way your users work we have spend countless hours watching and observing police, fire and EMS workers in their normal daily activities and under extreme stress. Our dedicated team of Human Factors experts took all that knowledge and designed the PremierOne™ Mobile application for high-stress, information-filled, mobile environments. Our intuitive user interface optimizes crucial functionality while reducing complexity. It reduces keystrokes and provides intelligent workflows that alert users, without interruption, to the availability of critical information. BUILT FOR FIRST RESPONDERS “PREMIERONE IS SO MUCH MORE USER- FRIENDLY THAN ANYTHING WE’VE SEEN OR USED BEFORE. EVERYTHING IS RIGHT THERE IN FRONT OF YOU, BOTH FOR DISPATCHERS AND FOR OFFICERS IN THE FIELD.” Cmdr. David Wilson Ventura Police Department, CA Initiate a traffic stop with just one touch of the screen, saving time. Entering vehicle details, submits a query against local, state, federal and BOLO databases to provide valuable information about the vehicle and registered owner. Using GPS information automatically notify dispatch and co-workers of the incident location more accurately than with radio communications alone. Monitor important details for personnel accountability reporting while on scene. With the log-on feature record real-time crew and vehicle capability updates including firefighter’s radio identification. Provide accurate automated recommendations to aid dispatch. Create an instant mobile command and dispatch environment from a vehicle, remote location, or on scene. If disaster strikes and the communication center is not available, monitor status and view maps and video from any location until the communications center or EOC is re-established. Effectively manage mobile clients with browser-based remote administration and configuration tools. Remotely modify a single field, reformat a screen or upgrade a mobile client without user involvement or touching the vehicle, helping to minimize vehicle downtime and control costs. Through a Web portal share configurations across PremierOne CAD, Mobile and Handheld. POLICE OFFICER FIREFIGHTER COMMAND STAFF ADMINISTRATORS MAKE FASTER, SMARTER DECISIONS IN TENSE, HAZARDOUS AND LIFE-THREATENING SITUATIONS Page 1080 of 1203 4 To learn how PremierOne Mobile and the PremierOne Smart Public Safety Solutions can help streamline information access, management and sharing across your operations, contact your Motorola representative or visit motorolasolutions.com/premieronemobile Transform your field operations now and maximize an officers time. Saving seconds and lives. Your agency can arm your first responders with real-time, mission critical information – when and where they need it most – so they can respond quickly, confidently and safely. Our multimedia-ready solution provides field personnel with secure full incident management and reporting capabilities to maximize their effectiveness and allow them to spend more time serving their community. Built on a services-oriented architecture (SOA) and using Microsoft® .NET, the PremierOne™ Suite – CAD, NG9-1-1 Call Control, Mobile, Handheld, Records and Jail – share a common platform that streamlines the exchange of information and makes it actionable. This standards-based framework provides CJIS compliant , two factor authentication including DES encryption for secure access to multiple agencies, systems and databases, as well as supporting interfaces to third-party applications. Integrated with the PremierOne platform, Motorola Solutions’ PremierOne Handheld application extends command capabilities directly to the officers’ hands. It improves officer safety by providing timely access to mission-critical information when and where it is Only Motorola Solutions offers public safety organizations a complete, end-to-end portfolio of technology solutions that include radio and data infrastructure, dispatch consoles, mobile devices and powerful, integrated applications. This trusted portfolio provides advanced solutions that will position your department for the future – serving, protecting and empowering your community and your public safety professionals today and tomorrow. TRANSFORM THE WAY YOU RESPOND AND CONNECT FUTURE-READY PLATFORM WHEN LIVES ARE ON THE LINE, RELY ON THE SPEED OF INTUITION TO SIMPLIFY WORKFLOWS FOR EFFECTIVE INCIDENT MANAGEMENT - SO YOU CAN MAZIMIZE THE MINUTE. STAY CONNECTED WITH A HANDHELD DEVICE UNLOCK YOUR POTENITAL WITH SMART PUBLIC SAFETY SOLUTIONS needed. This purpose-built Android® application is designed to extend the PremierOne Mobile in-vehicle application beyond the confines of the car with personnel location tracking, queries, messaging, mapping, status monitors, and full Mobile dispatch functionality to deliver the intelligence officers need no matter where they are located. Motorola Solutions Inc. 1301 E. Algonquin Road, Schaumburg, Illinois 60196 U.S.A motorolasolutions.com/icc MOTOROLA and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. PREMIERONE MOBILE DATA SHEET Page 1081 of 1203 First responders have to be ready for anything. Access to the right information at the right time in the right place is vital for faster, safer outcomes. PremierOne™ Handheld keeps responders connected with mission-critical data on their iOS and Android-powered devices. This purpose-built mobile application lets responders quickly and securely look up critical details about people, property, vehicles and incidents while on the move. PREMIERONETM HANDHELD Motorcycle officer receives the photo of a suspect Officer identifies suspect at an intersection and requests backup Officer initiates a traffic stop and makes a felony arrest MAXIMIZE THE MINUTE BY BEING BETTER INFORMED Timely information for first responders as the incident unfolds is critical to maximizing every minute on scene and ultimately controlling and closing out an incident.RESOLVE CAPT U R ERE S P OND D ISPATCHDATA SHEET | PREMIERONE HANDHELD When integrated with PremierOne CAD & Mobile, PremierOne Handheld extends command to the front line by bringing mapping, incident updates, and dispatch capabilities to the field, enabling responders to better manage their operations on the go. No matter where they are – in their car, or on foot, bicycle, horseback or motorcycle this mobile application lets officers collaborate in real time and control their access to critical data, improving situational awareness and response time. Page 1082 of 1203 MAXIMIZE THE MINUTE ENABLE REAL-TIME COLLABORATION A picture of a suspect helps officers better prepare before approaching a front door. The photo of a missing child serves as a quick reference point while out on patrol or searching a specific area. PremierOne Handheld enables dynamic collaboration by providing responders the ability to instantly share information such as photos, subjects, vehicles and comments with assigned units, dispatch, and anyone viewing the incident. Eliminate guesswork allowing personnel to query: • People by name or driver’s license • Vehicles by plate or VIN • Boats by hull number • Stolen property by serial number • Guns by serial number • Access federal and state databases including the National Law Enforcement Telecommunications System (NLETS), the National Crime Information Center (NCIC) and BOLO data As an incident unfolds, officers need to know who or what they are dealing with at all times. They need quick and secure access to critical details about people, property, vehicles and incidents. PremierOne Handheld’s querying capability delivers instant access to federal and state databases allowing you to run database queries from the field. DATA SHEET | PREMIERONE HANDHELD Access mission critical information in real time improving officer and community safety • View incident details • Update unit status with one touch • Receive drive directions and geofence alerts • View all responding units and personnel as they approach the scene • Access previous incidents and premise/hazards • Speak comments to update the incident • Capture and attach photos to incidents • Add subjects by scanning a driver’s license barcode • Track responder and unit location • Self dispatch to an existing call • Initiate traffic stops and other incidents from the field • Monitor incident and unit status in real time Page 1083 of 1203 • TRACK AND MONITOR INFORMATION IN REAL TIME PremierOne Handheld provides real time visibility into operations by allowing responders in the field to access five dynamic status monitors to track and update incidents and units. Responders can monitor assigned, pending, active and closed incidents and easily access incident details and unit specifics with a single touch. DATA SHEET | PREMIERONE HANDHELD TRACK AND MONITOR INFORMATION IN REAL TIME PremierOne Handheld provides real time visibility into operations by allowing responders in the field to access five dynamic status monitors to track and update incidents and units. Responders can monitor assigned, pending, active and closed incidents and easily access incident details and unit specifics with a single touch. Monitor, update and distribute critical information quickly on scene and across multiple agencies • Access five dynamic incident and unit status monitors • View assigned, pending, active and closed incidents • View incident details and unit specifics • Update unit status with a single touch • Activate emergency mode and receive emergency notifications Only Motorola Solutions delivers a truly unified platform that streamlines operations by providing one, real-time operational view. The PremierOne™ platform and applications – CAD, Mobile, Handheld, Records and Jail – transform the way your agency operates, collaborates and shares information. PremierOne Handheld, integrated with CAD and Records, places more intelligence in the hands of first responders to keep citizens and communities safer and more secure. A POWERFUL INTEGRATED PLATFORM PREMIERONE HANDHELD AT A GLANCE Designed specifically to meet mission critical communications needs, the PremierOne Handheld application includes: • iOS 9, 10 and 11 iPhone and iPad Compatibility • Android 5.0+ Smartphone and Tablet Compatibility • Field Dispatch Capabilities • Incident and Unit Management Capabilities • Five Real-Time Status Monitors • Database Querying Capabilities • Secure Messaging for Android Devices • Responder and Unit Location Tracking • Premise Hazard Details with Images • Geofencing with Entry and Exit Alerts • Field Initiation for Traffic Stops and Other Incidents • Voice Entry for Comments • C JIS Security Support with FIPS 140-2 Encryption and Auditing • 4G and LTE Network Capability Page 1084 of 1203 WHEN LIVES ARE ON THE LINE, RELY ON THE SPEED OF INTUITION TO SIMPLIFY WORKFLOWS FOR EFFECTIVE INCIDENT MANAGEMENT–SO YOU CAN MAXIMIZE THE MINUTE. To learn how PremierOne Handheld can help you save time, streamline information access and sharing across your operations, visit motorolasolutions.com/premieronehandheld Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 04-2020 Page 1085 of 1203 1 Easily capture all the data tied to an incident. Not just the location address, but photos, videos, mug shots, rap sheet, incident report, evidence sheets, interview recordings, surveillance video and crime scene photos. Efficiently document all aspects of an incident and share information with interested parties including law enforcement and justice systems, and future incidents. Quickly access records tied to an event, address, location, suspect for future incident response and crime solving. CLOSE AND TRANSFER CASES SUPPORT FUTURE INCIDENTS PREMIERONETM RECORDS SMART PUBLIC SAFETY SOLUTIONS Officer identifies a wanted person from previous records Citizen’s license barcode scanned and list of outstanding warrants identified Officer arrest the perpetrator Field records automatically transfer to the jail system RE S P OND D ISPATCHCAPT U R ERESOLVE Optimize the management and control of information. With its secure, centralized data repository, PremierOne™ Records streamlines the capture, organization, management and distribution of data in a wide variety of media from a broad range of sources providing more reliable, more actionable information in real time. Page 1086 of 1203 2 Every event creates a lot of information. A critical step in any law enforcement operations is the collection and transfer of critical data regarding an incident. You need a tool that is simple to use but yet robust enough to manage different sources of data and share the information across multiple organizations both inside and outside your jurisdiction. MAXIMIZE THE MINUTE COLLECT, SECURE, ORGANIZE, CORRELATE AND DISTRIBUTE INFORMATION TO SAVE TIME AND RESOURCES Collect, secure, organize, correlate and distribute information – from patrol officers, dispatchers, back office personnel, field investigators to prosecutors. An integral part of the PremierOne ™ Smart Public Safety solutions, PremierOne Records maximizes real-time information sharing with CAD, Mobile and Jail solution providing users with a common operational view and improved situational awareness. STREAMLINE DATA MANAGEMENT Now you can improve the coordination and management of large volumes of traditional records as well as multimedia files such as audio, video and images. Real-time access to mission critical information regardless of where it’s located is readily available, and the application let’s you organize crime reporting data in virtual case folders. This actionable intelligence results in better decisions, more successful investigations, improved analysis, and ultimately, increased first responder and community safety. SINGLE AND MULTI-AGENCY CAPABLE When it comes to criminal activity there are no boundaries; that’s why public safety agencies need the ability to share timely criminal information regardless of jurisdiction. PremierOne Records enables real-time access, query, sharing and management of critical data across your own operations, along with those of other agencies and jurisdictions. It supports consolidation of data systems and can serve an unlimited number of agencies on a single system, allowing each agency to control what data is shared, and when and where to share it. RELIABLE AND ACTIONABLE DATA The availability of accurate and reliable data depends on consistent data entry as well as efficient data sharing and management. PremierOne Records’ advanced business logic ensures that users collect all pertinent information, optimizing data consistency, efficiency and reliability. Master indices for people, entity, property, vehicle and location allow data to be entered once, reducing duplicate data entry and automatically delivering more reliable data throughout the system. A WIDE RANGE OF FLEXIBLE MODULES More than 30 standardized modules that make data input simple, fast and accurate. • AFIS Returns • Animal Control • Booking • Call for Service • Case/Incident Reporting • Case Management • Citations • Civil Processing • Confidential Informant • Daily Activity Report • Field Interviews • Firearm Dealers/Permits • Gangs/Gang Members • Impounds • Intelligence • Juvenile Referral • Master People, Property, Location, Entity and Vehicle • Narcotics • Neighborhood Watch • Pawn Dealers/Pawns • Permits and Licensing • Photo Lineups and a Photo Book • Property Sheet • Property and Evidence (optional) • Registrants • Training • Warrants • Witness StatementRESOLVE CAP T U RERE S P OND D ISPATCHPage 1087 of 1203 3 DELIVER CRITICAL DATA AT THE RIGHT TIME FOR EFFECTIVE DECISION MAKING REDEFINING RECORDS MANAGEMENT DESIGNED TO WORK THE WAY YOU DO With shrinking budgets, reduced staff and evolving reporting requirements, you need a cost effective RMS system that can help you effectively control your information and maximize operational efficiencies. Through its innovative Advanced Configuration Tool (ACT), PremierOne Records provides user-configurable modules you can design to conform to your workflows and business processes. You can even create your own modules to capture information specific to your agency. The result is an RMS that works the way you do, eliminating inefficient manual procedures and costly third party customization. SECURE YOUR RECORDS FROM UNAUTHORIZED ACCESS Access to records is secure and controlled by a number of criteria: user, security role or agency, data content, workflow stage and agency defined parameters. The system meets CJIS requirements assuring the highest levels of data integrity: • System-wide auditing allows administrators to track what has been added, deleted or altered in every record in real time • Dissemination and activity logs for each case, master index provide a clear view of who has accessed or printed any of the contents • Automatic notifications can be set to alert the user of any changes to assigned cases or master records • Digital signatures on each record assure that contents have not been tampered with outside of the system • All security controls also apply to mobile records even when users are working without network connectivity STANDARDS BASED Built on a services-oriented architecture (SOA) and designed on Microsoft®.NET technology, PremierOne Records is scalable to support system expansion as your needs evolve in the future. Based on the Microsoft SQL Server ® and Web Services, PremierOne Records quickly searches millions of records, saving your staff time while making more information available to the field, where it is most needed. The solution offers standards based, self-updating desktop and mobile clients, enabling you to reduce deployment costs and IT overhead. PremierOne Records is designed to support third-party applications and data standards such as the National Information Exchange Model (NIEM) and the Law Enforcement National Data Exchange (N-DEx). It is also compatible with state and federal-compliant Incident- Based Reporting (IBR) and Uniformed Crime Reporting (UCR) systems. By making it easy for field personnel to validate their data entries for compliancy, PremierOne Records helps assure complete and accurate reports every time. Page 1088 of 1203 4 WHEN LIVES ARE ON THE LINE, RELY ON THE SPEED OF INTUITION TO SIMPLIFY WORKFLOWS FOR EFFECTIVE INCIDENT MANAGEMENT – SO YOU CAN MAXIMIZE THE MINUTE. Motorola Solutions Inc. 1301 E. Algonquin Road, Schaumburg, Illinois 60196 U.S.A motorolasolutions.com/icc MOTOROLA and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. PREMIERONE RECORDS DATA SHEET To learn how PremierOne Records and the complete PremierOne Smart Public Safety Solution can help you save time, streamline information access and sharing across your operations, contact your Motorola Solutions representative or visit motorolasolutions.com/premieronerecords Comprehensive reporting options enable you to control the dissemination of sensitive data. With pre-defined, user-defined and ad hoc reporting capabilities, PremierOne Records provides informational, administrative, statistical and trend analysis reports so you can easily create, publish and share data. Your department staff will be able to spend more time analyzing the data and producing reports, rather than simply collecting and aggregating data. The value to you is more accurate statistical information available when you need it. In addition, a Records Data Warehouse simplifies data access for third-party information sharing systems, making operational data available for advanced analytics such as predictive crime analysis. POWERFUL REPORTING SAVE TIME. SAVE LIVES. Empower your users to make smarter more informed decisions with an intuitive single operation view to relevant incident, location or individual information. Having secure, records available not only helps responding officers, but it supports the rest of the judicial system from the courts to the correction departments. Records easily integrates with the PremierOne CAD, Mobile and Jail modules for a complete public safety solution that can take your agency into the future with the confidence that you will improve response, saving time and lives. Page 1089 of 1203 WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT RECORDS MANAGEMENT, TODAY Page 1090 of 1203 POWER GREATER SAFETY, INVESTIGATIVE EFFICIENCY, AND COMMUNITY TRANSPARENCY In law enforcement, data is a double-edged sword. Harnessed properly, it can power breakthroughs in investigations, free up agency resources, and strengthen community relations. Too often, however, data is simply overwhelming. Or worse, an impediment to truly impactful policing. New standards for reporting are creating new headaches and compliance concerns. In a recent industry study 96% of officers said reporting, along with the documentation and information collection it entails, keeps them from higher value tasks such as patrolling the community. The amount and types of data regularly seen today didn’t exist even 5-10 years ago. The amount of video, photos, audio files, and other multimedia content is increasing exponentially, straining your workloads. Systems and workflows simply haven’t kept pace with this change and it’s starting to show. For example, even with our modern technology and computing power, only 46% of violent crime offenses and 18% of property crimes were cleared in 2017. At the same time, command staff want to see a fuller picture of crime in their communities but struggle to share information and collaborate effectively. Plus, residents want more transparency from their police forces. 91% of community members are looking for their police forces to provide new ways to report crime while 92% want police to share more information. Clearly, more needs to be done to enable agencies for success. But like many other pieces of public safety technology, disjointed products and workflows often make operations unwieldy and overly complex. Inflexible, outdated user experiences and capabilities just aren’t meeting evolving needs. The work of criminal investigators is becoming more complex. Not very long ago, detectives responding to a homicide or other serious crime had a clear focus: quickly get to the scene, collect physical evidence, and interview any witnesses. Today, investigators must retrieve smartphones from victims and suspects and scour their social media accounts for clues; access nearby security camera feeds, automated license plate readers, and traffic enforcement cameras; and try to obtain data from other devices such as Fitbits, GPS devices, and video cameras in the victims’ or suspects’ cars. And investigators must do all this work quickly, before the digital trail gets cold. — Chuck Wexler, The Changing Nature of Crime and Criminal Investigations“ “ 2WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT Page 1091 of 1203 Digital transformation using cloud technology enables state and local government agencies to rapidly modernize, driving innovation while increasing the efficiency of existing systems. Utilizing the cloud gives state and local governments the opportunity to do more with limited budgets, freeing up resources to focus on new initiatives that can improve citizen services, increase the agility of government employees, optimize operations, and ensure agencies are prepared for the unexpected. “ “ EMPOWER A NEW LEVEL OF PRODUCTIVITY Information can and should empower you to do more. Spend more time in the community. Close more cases. Reduce more crime. Technology should also do more to get you there. To start, it requires a whole new approach to information management. We must simplify technology complexity with a modern user experience built around the outcomes that matter. Workflows should be unified, without walls separating data so it can be seamlessly shared between applications and users. New layers of intelligence should be embedded with advanced analytics, A.I. and machine learning that enhances decision- making and speeds up processes. The cloud will play a predominant role in making this possible. It will enable you to get the innovation you need in a more manageable, less intrusive way. You’ll receive more value from new and existing investments, better security, and a product that constantly evolves to meet your needs. SPEND MORE TIME IN THE COMMUNITY. CLOSE MORE CASES. REDUCE MORE CRIME. The future of incident reporting simplifies information collection and documentation, automatically capturing data from across systems and creating a comprehensive record of an incident as it is responded to. Call for service details are captured from systems such as call-taking and computer- aided dispatch. Mobile applications that work across devices then help officers to easily enter further information that can be typed, might be suggested based on artificial intelligence, or can be dictated and transcribed. All information is checked for UCR and NIBRS compliance in real-time. But more than that, traditional, structured data is automatically supplemented by context-rich multimedia content from body-worn cameras, in-car cameras, sensors, fixed surveillance, 9-1-1 call audio, and radio. traffic audio - an ecosystem of digital evidence. Even tips submitted by the community, imagery and videos are collected to provide further context to the incident. These names, dates, locations, statements and narratives, as well as videos, images and audio, create highly detailed incident records. Now, there are no more artificial barriers between different types of data. All incident information is seamlessly collected, stored and accessed, together. This also means there’s a lesser burden on administrative staff to manually compile and transcribe incident information, validate it for reporting compliance and manage it for consistency and future usability. You’ll have more budget to allocate to officers, who can further build deep community relationships. FIRST RESPONDER & RECORDS STAFF THEN: • Manual, time-consuming, hand-written reports that needed to be re-entered into your records management system • The possibility for information to be misrepresented, non-compliant or inadvertently omitted - then requiring hours of rework • Difficulty collecting contextual content like video and audio that are now more critical than ever NOW: • Field-based reporting across devices means incident information can be easily captured immediately on-scene and recorded once • Prepopulated data and AI help automate reporting and ensure UCR and NIBRS compliance • Broad integrations for automated digital content collection from various systems — Driving Innovation In State & Local Government. Microsoft. 2018 3WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT Page 1092 of 1203 For police investigators, the volume and breadth of data has important implications, now and especially in the future. More devices mean more data, and more potential digital evidence for investigators to uncover and use. But these trends also mean greater challenges for investigators in accessing and analyzing the growing body of potential evidence, and distinguishing the ‘signal’ from the noise. “ “ CLOSE MORE CASES With information this comprehensive and accessible, you are in control of your data and can streamline investigations. That pervasive layer of intelligence can use correlation engines to compile and intuitively visualize information. Incident reconstruction tools with advanced content mapping and timeline capabilities allow detectives to quickly and easily review incidents and understand what happened. Then, using automatically linked data from public records databases and other law enforcement agencies, leads can be developed faster and arrests made. Finally, in this completely digital world you can quickly and efficiently share files with judicial partners, while ensuring the chain of custody is completely and accurately accounted for and kept intact to ensure justice is achieved. The same efficiencies realized from this unified, intuitive and intelligent approach to extracting the most value from information during the investigation can also extend to putting an offender behind bars. The seamless transfer of incident and arrest information can help get offenders behind bars quickly and safely. | — Chuck Wexler. The Changing Nature of Crime and Criminal Investigations. Police Executive Research Forum. 2018 THEN: • Critical information not gathered in a timely manner or never realized to exist at all • Slow information sharing with external agency partners and inability to make connections across data points • Challenges of timeliness and maintaining chain of custody in sharing with judicial partners NOW: • Incidents are better understood through consolidation of information and intuitive visualization • Simpler searching and linking of relevant information both internally and externally helps more quickly develop leads • Chain of custody is documented from the moment of information capture and case information is immediately, digitally shareable DETECTIVES & JUDICIAL PARTNERS WHITE PAPER | RECORDS MANAGEMENT 4WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT Page 1093 of 1203 REDUCE MORE CRIME With more data consistently collected and stored together, you can use it to work smarter and more effectively apply the resources you have. The move to NIBRS gives you more detailed data at your fingertips that can then be quickly visualized and deeply analyzed to get a better understanding of the root cause of crime trends. And, since criminals don’t adhere to jurisdictions, the same interjurisdictional data that helped track down a lead can be analyzed on a broader scale. This helps you get a more accurate understanding of crime patterns. Lastly, improved communication and collaboration capabilities enable a seamless transfer of knowledge across your agency so you can develop comprehensive strategies to address the problems you are facing. When it comes to actually applying these strategic initiatives on the ground, AI can then make informed predictions on where and when crimes are most likely to occur to help support officers during their patrols. Importantly, next-generation records management doesn’t ignore the community. It empowers them to be partners in public safety, enabling greater collaboration and allowing residents to play a leading role in keeping their communities safe. Public crime maps keep community members aware and vigilant while anonymous tip submission portals and private camera registration aid investigations. THEN: • Data is surface-level, disconnected, saved in various different platforms, and difficult to draw meaningful insights from as a whole • Manual, time-consuming analysis projects limit the scope of work possible for analysts - difficult to support multiple initiatives effectively • Difficult to translate strategic initiatives into tactical patrol action in real-time NOW: • More detailed data is collected and stored in one place, allowing it to be leveraged together, and leading to more accurate analysis • Advanced analytics, AI, machine learning enable greater efficiency for analysts • A focus on collaboration and communication enables more comprehensive strategies to be developed across an agency • Data is used to power insights which drives deeper overall predictive intelligence ANALYSTS & COMMAND STAFF THEN: • Lack of communication and transparency on agency activity and crime • Antiquated, singular ways to report crime and contribute to public safety NOW: • Easily accessible community public safety experience with all the tools they need in one place • Real-time access to crime maps and messages from PD on initiatives • Expanded abilities to contribute to public safety through tipping and camera registration THE PUBLIC The move to NIBRS will provide more modern and in-depth crime statistics than was ever possible to gain from SRS...NIBRS offers more thorough counts and details about crime than SRS does, so it is a more useful tool for public and private safety. “ — Questions NIBRS Can Answer Federal Bureau of Investigation 2018“ 5WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT Page 1094 of 1203 GETTING STARTED Realizing the future of records management is possible without a complete overhaul of your existing records management solution. Learn what you can do to start your journey and evolve at your own pace to next-generation records management. CONQUER THE MOUNTAIN OF DIGITAL EVIDENCE A digital evidence management solution is the perfect supplement to your records management system. It can help your team easily access and leverage all the multimedia content your agency currently has to manually identify, collect and organize from across multiple disparate systems. THINGS TO CONSIDER: 1. Your digital evidence management solution should be source-agnostic. To truly gain efficiencies, your system should be able to ingest content from a variety of systems - automatically, or with very little intervention - saving time for officers, records staff and detectives. 2. Correlation is vital. Aggregating all your content into one place is one thing, but being able to quickly and intelligently organize it is another. Your digital evidence management solution should be able to correlate content based on metadata and integration with your RMS so that it can be easily searched for, managed and compiled by incident to be reviewed, packaged and shared. DO MORE DATA-DRIVEN CRIME-FIGHTING A purpose-built crime analysis and intelligence solution can go a long way to improve your crime fighting effectiveness. It can help your team uncover more meaningful insights within your data that currently require an army of people with highly specialized knowledge, or just go unrealized. THINGS TO CONSIDER: 1. Your analytics solution should be able to make sense of data from across sources. This means it can integrate with your RMS and CAD systems but also those from other agencies and even relevant public records databases. And, it should be able to collect data from these systems, normalize it and analyze it together for a holistic understanding of crime and criminals. 2. Your analytics solution should be useful for everyone at your agency - not just analysts. Analytics can help officers patrol better, command staff attack crime trends smarter, records personnel respond to requests for information faster and detectives track down leads quicker. It’s important that your solution isn’t just built around enabling analysts to do all of that on their own, but instead empower them to do the heavy lifting, while everyone else is enabled to get the information they need as well. ENGAGE AND EMPOWER YOUR COMMUNITY Strengthening the relationship with those you serve is no easy task, especially with today’s workloads keeping everyone busy. Community engagement tools can leverage your existing systems to improve transparency and partnership with the public you’re sworn to protect. THINGS TO CONSIDER: 1. Your public expects their interactions with you to be no different than those they have with other companies, friends and families. This means engagements should be simple, intuitive and digital with a variety options of ways to communicate and be informed - from one experience. 2. Being strapped for resources also means you don’t have people to spare to learn new tools and take on new responsibilities. This is why your ability to provide the public with the capabilities they desire should fall seamlessly within the workflows your team already knows. 6WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT Page 1095 of 1203 ONE POWERFUL RECORDS AND EVIDENCE PLATFORM. FROM ONE TRUSTED COMPANY. Law enforcement data, from written incident reports, to multimedia, community tips, and more, can be a powerful engine driving community safety and better criminal justice outcomes. However, extracting the most value from this data takes a whole new approach to records management. The next-generation of records management knocks down the walls separating your data. It combines the collection, storage, management, and use of all video, audio, photos, reports, tips, and sensor data into one intuitive experience, augmented by advanced analytics, AI, and machine learning. From this integrated foundation, the platform of the future allows officers to spend more time in the community, detectives to close more cases and ultimately you and your team to reduce more crime - all while partnering side-by-side with the community you serve. With over 90 years of experience providing law enforcement with the tools you need to do your job more effectively, we are leading the evolution to the next-generation of records management. 7WHITE PAPER | NEXT-GENERATION RECORDS MANAGEMENT Page 1096 of 1203 To learn more, visit: www.MotorolaSolutions.com/Records Motorola Solutions, Inc. 500 W. Monroe Street Chicago, IL 60661 U.S.A. 800-367-2346 MotorolaSolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. ©2019 Motorola Solutions, Inc. All rights reserved. 02-2019 SOURCES 1 Nuance 2018 Role of Technology in Law Enforcement Paperwork Annual Report https://www.nuance.com/content/dam/nuance/en_us/collateral/dragon/brief/bf-dragon-role-of-tech-in-police-paperwork-report-en-us1.pdf 2 http://www.pewresearch.org/fact-tank/2019/01/03/5-facts-about-crime-in-the-u-s/ 3 https://www.accenture.com/t00010101T000000Z__w__/au-en/_acnmedia/PDF-16/Accenture-15-1127-US-Citizen-Research-Infographic.pdf Page 1097 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-1 SECTION 7 PSA SYSTEM AGREEMENT The Computer Aided Dispatch and Records System and Services Agreement is on the following pages. Page 1098 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-2 PSA System Agreement Motorola Solutions System and Services Agreement Motorola Solutions, Inc. (“Motorola”) and City of Boynton Beach FL (“Customer”) enter into this Computer Aided Dispatch (“CAD”) and Records System and Services Agreement (“Agreement”), pursuant to which Customer will purchase and Motorola will sell the System and Services, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows: Section 1 ATTACHMENTS: 1.1. EXHIBITS. The Exhibits listed below are exhibits related to the System sale and implementation. These Exhibits are incorporated into and made a part of this Agreement. Exhibit A Software License Agreements Exhibit A-1 “Motorola Software License Agreement” Exhibit A-2 “Microsoft “End-User License Terms” Exhibit A-3 “Subscription Services Agreement” Exhibit A-4 “Esri Software Restrictions Exhibit B “Payment Schedule” Exhibit C Technical and Implementation Documents C-1 “Pricing Summary and Equipment List” dated ___________________ C-2 “System Description” dated ____________________ C-3 “Project Plan and Statement of Work” dated ________________ C-4 “Project Schedule” (to be mutually developed) C-5 “Training Plan” dated ___________________ 1.2. ADDENDUM (ADDENDA). Customer may elect to purchase professional or subscription services in addition to the System and related services. Any such services will be governed by the terms in the main body of the Agreement and an applicable Addendum containing terms specific to such service. Such Addenda will be labeled with the name of the service being purchased. 1.3 In interpreting this Agreement and resolving any ambiguities: 1) the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through F will be resolved in their listed order, and 2) The applicable service Addendum will take precedence over the main body of the Agreement and the Exhibits. Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: “Addendum (Addenda)” is the title of the document(s) containing a specific set of terms and conditions applicable to a particular service or other offering beyond the communication System and System implementation services. The terms in the Addendum are applicable only to the specific service or offering described therein. “Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). “Confidential Information” means all non-public information consistent with the fulfillment of this Agreement provided by either Party to the other that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereof provided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. Page 1099 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-3 “Customer Provided Equipment” means any hardware, software or ancillary equipment provided for use with the System by the Customer. Motorola provides no warranty for Customer Provided Equipment. “Deliverables” means all written information (such as reports, specifications, designs, plans, drawings, analytics, Solution Data, or other technical or business information) that Motorola prepares for Customer in the performance of the Services and is obligated to provide to Customer under this Agreement. The Deliverables, if any, are more fully described in the Statement of Work. “Derivative Proprietary Materials” means derivatives of the Proprietary Materials that Motorola may from time to time, including during the course of providing the Services, develop and/or use and/or to which Motorola provides Customer access. “Effective Date” means that date upon which the last Party executes this Agreement. “Equipment” means the hardware components of the Solution that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. “Feedback” means comments or information, in oral or written form, given to Motorola by Customer in connection with or relating to Equipment or Services, during the term of this Agreement. “Force Majeure” means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause. “Live Operations Cut Over” means the transition of operations from the legacy system to the System. “Licensed Software” means any Motorola Software provided under this Agreement that is not Subscription Software. “Microsoft Product” means a Microsoft SQL Server and/or a Microsoft System Center Operations Manager, either or both of which may be integrated with the Motorola Products. Microsoft Products are subject to the following acknowledgement: “© Copyright 20__ Microsoft Corporation. All rights reserved.” “Motorola Software” means software that Motorola or its affiliated companies owns. “Non-Motorola Software” means software provided by Motorola that a party other than Motorola or its affiliated companies owns, including software licensed by the third party to Motorola for distribution to Motorola’s customers with the Software, such as mapping software, database software, paging software, or open source software. “Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution. “Proprietary Materials” means certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, Utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties. “Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. “Services” means system implementation, maintenance, support, subscription, or other professional services provided under this Agreement, which may be further described in the applicable Addendum and/or SOW. “Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and Page 1100 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-4 PSA System Agreement Motorola Solutions (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. “Software License Agreement” means the Motorola Software License Agreement (Exhibit A-1). “Solution” means the combination of the System(s) and Services provided by Motorola under this Agreement. “Solution Data” means Customer data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content to data consumers, including customers or citizens which is made available to Customer with the Solution and Services. “Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents. “Subscription Price” means the subscription price for the System, excluding hardware and implementation Services applicable sales or similar taxes and freight charges. “Subscription Software” means the Motorola CAD application software and any other Software provided to the Customer on a subscription basis as denoted in the Technical and Implementation Documents. “Subscription Services Agreement” means the terms and conditions that govern the use of Motorola software as a service. “Subsystem” means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. “System” means the Equipment, including incidental hardware and materials, Software, and design, installation and implementation services that are combined together into an integrated system; the System(s) is (are) described in the Technical and Implementation Documents. “System Data” means data created by, in connection with or in relation to Equipment or the performance of Services under this Agreement. “System Acceptance” means the first date upon which Customer makes Beneficial Use of the System. “Utilities” means the software utilities and tools provided by Motorola as part of the Software and listed in the State of Work, which may, include, as an example, Motorola’s XML Query, ODBC interface and implementation code, ctperl, dbdump, and dbload, as well as any other software utilities provided by Motorola in connection with the Software. “Warranty Period” for Licensed Software, or services related to system implementation means one (1) year from the date of t. Unless otherwise stated in the applicable Addendum, Warranty Period for other Services means ninety (90) days from performance of the Service. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System(s), and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement in accordance with Change Control Process in Technical and Implementation Documents. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the price and will reflect the adjustment in a change order or Addendum. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until such date that all subscriptions to Subscription Software purchased hereunder have expired without Page 1101 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-5 renewal or are otherwise terminated. 3.4. EQUIPMENT OR SOFTWARE. Motorola will provide and install the System(s) in accordance with Exhibit C. Following installation of the System(s) Customer may also request that Motorola provide additional Equipment, Software or Services by issuing a purchase order to Motorola. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Additional or contrary terms in the purchase order will be inapplicable, unless signed by both parties. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within thirty (30) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed or subscribed to. Alternatively, Customer may register with and place orders through Motorola Online (“MOL”), and this Agreement will be the “Underlying Agreement” for those MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at https://businessonline.motorolasolutions.com and the MOL telephone number is (800) 814-0601. 3.5. MOTOROLA SOFTWARE. 3.5.1. Any Licensed Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.5.2. Any Subscription Software will be governed by the Subscription Services Agreement, in Exhibit A- 3 of this Agreement. Customer may use the Subscription Software for the limited purpose of receiving the benefit of the Subscription Services pursuant to the terms of the Subscription Services Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.6. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed or otherwise provided to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non- Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non- Motorola Software may include Open Source Software. 3.7. SHARED AGENCY ARRANGEMENTS. If Customer and another agency (a “Shared Agency”) desire to enter into an arrangement whereby Customer will act as a “Host Agency” and permit the Shared Agency to access the Software through Customer, the Shared Agency and Motorola will execute a Shared Agency Agreement for such arrangement and attach it to this Agreement as an additional exhibit. Unless otherwise expressly agreed in the Shared Agency Agreement, Motorola will invoice Customer for the full fees set forth in Exhibit B and Customer will be responsible for timely payment of such fees. Customer may at its option seek reimbursement from Shared Agencies for their share of such fees. However, if at any time a Shared Agency elects to purchase licenses to additional Motorola Software modules for its own use, the party responsible for payment and the payment terms will be mutually agreed in writing by the parties. Customer shall require the Shared Agency to comply with the terms of the Motorola Software License Agreement and Exhibits A-2, A-3, and A-4 as applicable, and shall notify Motorola and cooperate as reasonably requested by Motorola in the event of any non-compliance by the Shared Agency. 3.8. COOPERATIVE PURCHASING. Upon request of a third party state or local agency located in the same state as Customer (the “New Agency”), Motorola will negotiate an agreement with such New Agency that contains the same terms and conditions as this Agreement (excepting the terms described below), subject to the eligibility and validity of such cooperative arrangement under state law, and provided that Motorola and the New Agency agree in writing upon the software, products and Services to be licensed and purchased by the New Agency and the prices thereof, which shall be paid by the New Page 1102 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-6 PSA System Agreement Motorola Solutions Agency. Motorola shall require the New Agency’s to comply with the terms of the Motorola Software License Agreement. New Agency’s use of Microsoft or Esri OEM software is subject to the terms of Exhibits A-2, A-3, and A-4 respectively, as applicable. 3.9. THIRD PARTY PRODUCTS. 3.9.1 THIRD PARTY PRODUCTS. Customer acknowledges that Non-Motorola Software and Equipment is included in the Solution. Further, Motorola may recommend purchase of additional third party software or hardware. In such case, Customer agrees to purchase from Motorola the third party software and hardware identified in Exhibit C. Motorola makes no representations or warranties with respect to third party software or hardware, but agrees to pass through to Customer any warranties provided by the manufacturers of such products, to the extent permitted. 3.9.2 MICROSOFT PRODUCTS. As to any Microsoft Products being furnished, the Microsoft software for those Microsoft Products is subject to Motorola Subscription Services Addendum and the additional Microsoft End-User License Terms, Exhibit A-2. 3.9.3 Esri OEM SOFTWARE. Notwithstanding any provisions herein to the contrary, the provisions in Esri OEM Software terms, Exhibit A-4, apply concerning the Esri OEM Software. 3.10. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.11. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. 3.12 UTILITIES; RESTRICTIONS ON USAGE. 3.12.1 UTILITIES. Motorola provides certain software Utilities as part of the Software. Motorola may add, modify, or remove Utilities from the Software during the term of this Agreement. The Utilities contain material that is proprietary to Motorola and/or its licensors, and may be used only as permitted by this Agreement. 3.12.2 USE OF UTILITIES. Customer is permitted to use the Utilities for read-only operations in connection with the authorized use of the Software, but may not allow third parties to use the Utilities unless an authorized official of Motorola consents in writing. Customer is also permitted to use the Utilities to write to Motorola’s database, but any such use is solely at Customer’s risk, as set forth in Section 3.13.3 below. Motorola strongly advises Customer to limit any such usage to personnel who have advanced training and experience in the use of such software tools. 3.12.3 DISCLAIMER. Motorola permits customers to use the Utilities, but solely as set forth in the Statement of Work. However, there is a high risk of data corruption and system slowdown or damage that may result from Customer’s use of the Utilities or other software tools. Customer assumes all risk and is responsible for any damages arising from or in connection with such use, regardless of Motorola’s approval. Further, Motorola disclaims all liability for damages caused by Customer’s use of the Utilities. Motorola is NOT responsible for any breach of warranty, dam-ages to the Software or its database, data Page 1103 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-7 corruption, support issues, security issues or performance issues arising out of Customer’s or a third party’s use of the Utilities (even if permitted by Motorola) or use of any other software not specifically licensed in this Agreement (including any third party querying or writing to the database). Section 4 MAINTENANCE AND SUPPORT SERVICES 4.1. MAINTENANCE. During the term of the Agreement, Motorola will provide maintenance Services for the Motorola Software pursuant to the Statement of Work, which has been included in the Subscription Price. Customer is expected to obtain maintenance and warranty services in respect of any Equipment purchased in connection with the System, directly from the hardware provider. Motorola will not provide any maintenance or support Service to Customer for Equipment under this Agreement, unless the parties separately agree to any such arrangement in writing. To obtain any such additional Services, Customer will issue a purchase order referring to this Agreement and the separate proposal document. Omission of reference to this Agreement in Customer’s purchase order will not affect the applicability of this Agreement. 4.2. PROFESSIONALSERVICES. If Customer purchases professional services as part of the Solution, additional or different terms specific to such Service will be included in the applicable Addendum and will apply to those Services. Customer may purchase additional professional services by issuing a purchase order referencing this Agreement and Motorola’s proposal for such additional services. 4.3. Any information in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer in providing Services under this Agreement or data viewed, accessed, will remain Motorola’s property, will be deemed proprietary, Confidential Information. This Confidential Information will be promptly returned at Motorola's request. 4.4. TOOLS. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of providing Services under 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 this property, and return it to Motorola upon request. This 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. Upon termination of the contract for any reason, Customer shall return to Motorola all equipment delivered to Customer. 4.5. CUSTOMER OBLIGATIONS. If the applicable Statement of Work or Addendum contains assumptions that affect the Services or Deliverables, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Services or Deliverables will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph. 4.5.1 LOCATION OF SOFTWARE. Customer may install, access and use the Software only in Customer’s own facilities, including any authorized mobile sites. Such mobile devices may log in and access the Software remotely from any location. Customer shall give Motorola two (2) weeks prior written notice of any change in the location of Customer’s primary facility where the server-based Software is installed. However, if an immediate change in location is required due to an emergency or disaster recovery, Customer may do so provided that it notifies Motorola as soon as is feasible. Except as provided above, Customer shall not install the Software in any other computer system or use it at any other location without Motorola’s express prior authorization, which will not be unreasonably withheld. 4.5.2 RESTRICTIONS, COPIES. Customer will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or related documentation to any third party, grant any sublicense or other rights in the Page 1104 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-8 PSA System Agreement Motorola Solutions Software or related documentation to any third party, or take any action that would cause the Software or related documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola’s Proprietary Rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software, except as necessary for system backup or disaster recovery. Customer may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Motorola’s copyright notice is included, and Customer may not operate that copy of the Software at the same time as the original Software is being operated. Customer may make as many copies of the documentation as it may reasonably require for the internal use of the Software. The foregoing restrictions on modifications and copying do not apply to open source software, which is governed by the license of the copyright owner. 4.5.3 CUSTOMER USE ONLY. Customer may use and execute the Software only for purposes of serving the internal needs of Customer’s business, except as specifically set forth in this Agreement. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Customer will not make the Software available for use by third parties on a “time sharing,” “application service provider,” or “service bureau” basis or for any other similar rental or sharing arrangement, except as expressly authorized in writing by Motorola. 4.5.4 THIRD PARTY ACCESS AND QUERIES. Except as expressly authorized in writing by Motorola, (i) Customer may not allow any other agency, entity, or individual to use or have access to the Software in any manner other than inquire-only; and (ii) such queries may be conducted solely for Customer’s internal business purposes. Customer may not query the Software, or permit any third party to query the Software, for a third party’s business purposes. 4.5.5 COMPETITIVE USE. Customer may not utilize or permit a third party to access or utilize any part of the Software (including the Utilities) in any manner that competes, directly or indirectly, with any product or Service provided by Motorola, without the express written permission of Motorola. This includes, without limitation, using the Software (or its Utilities) to develop any software, interfaces, or other products that compete with Motorola’s products or Services, or using interfaces or other products connecting to the database of the Software in connection with a third party’s competing product. 4.5.6 ADDITIONAL COMPONENTS. Other components (hardware and/or third party software) may be required for the use of the Software. For example, unless otherwise detailed in the Technical and Implementation Documents, Customer is required to provide workstations and personal computers, network, operating system, Internet connectivity and other components (e.g., cables, and wiring) associated with and necessary to effectively use the system that are typically supplied by the customer of such a system. Motorola has provided hardware specifications to Customer for use of the Software system. Motorola assumes no responsibility under this Agreement for obtaining and/or supporting such components except as expressly agreed in writing. 4.5.7 PROPER ENVIRONMENT. Customer is responsible for ensuring a proper environment and proper utilities for the computer system on which the Software will operate, including housing and operating the server equipment in a secure environment and according to the specifications for the equipment as specified by its manufacturer. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the Software system. Before installing the Software or any related hardware at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this section. 4.5.8 DATA CONVERSION SERVICES. If the parties have agreed that Motorola (or its subcontractor) will convert Customer’s data files for use with the Software, such services will be set forth in Exhibit C and Page 1105 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-9 detailed in a data conversion scope of work. Except as agreed by the parties in writing, Motorola is not responsible for any data conversion services. 4.6. ASSUMPTIONS. If any assumptions or conditions contained in this Agreement, applicable Addenda or Statements of Work prove to be incorrect or if Customer’s obligations are not performed, Motorola’s ability to perform under this Agreement may be impacted and changes to the Subscription Price, Project Schedule, Deliverables, or other changes may be necessary. 4.7. NON-PRECLUSION. If, as a result of the Services performed under this Agreement, Motorola recommends that Customer purchase products or other services, nothing in this Agreement precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement or other laws, regulations, or policies. 4.8. PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to Proprietary Materials and Derivative Proprietary Materials. The Proprietary Materials and the Derivative Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials and Derivative Proprietary Materials. 4.9. ADDITIONAL SERVICES. Any services performed by Motorola outside the scope of this Agreement at the direction of Customer will be considered to be additional Services which are subject to additional charges. Any agreement to perform additional Services will be reflected in a written and executed change order, Addendum or amendment to this Agreement. Section 5 PROJECT SCHEDULE The Parties will perform their respective responsibilities in accordance with the Project Schedule. Unless otherwise agreed in writing, the Project Schedule is based upon work being accomplished Monday through Friday during normal business hours with the exception of holidays. On-site work activities will be performed Tuesday through Thursday during normal business hours. Section 6 PAYMENT AND INVOICING 6.1. Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. 6.2. PRICE. The Subscription Price and the price for purchase, installation and integration of the System(s) is as set forth in the applicable pricing schedule and shall be payable in accordance with Exhibit B. 6.3. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment schedule in Exhibit B. Except for a payment that is due on the Effective Date or such other date specified in Exhibit B, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola is 36-1115800. 6.4. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title and risk of loss to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Motorola will pack and ship all Equipment in accordance with good commercial practices. 6.5. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: Page 1106 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-10 PSA System Agreement Motorola Solutions Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________ Email:_______________________________________________________________________________ The address which is the ultimate destination where the Equipment will be delivered to Customer is: Name:______________________________________________________________________________ Address:_____________________________________________________________________________ The Equipment will be shipped to the Customer at the following address (insert if this information is known): Name:______________________________________________________________________________ Address:_____________________________________________________________________________ Phone:______________________________________________________________________________ Customer may change this information by giving written notice to Motorola. Section 7 SITES AND SITE CONDITIONS 7.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the worksites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Project Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 7.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 7.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the agreed price, Project Schedule, or both, by a change order. 7.4 CUSTOMER PROVIDED EQUIPMENT. Customer will hold all Customer Provided Equipment free and clear of any liens, charges, or encumbrances of any kind. Customer, at its sole cost and expense will maintain Customer Provided Equipment in good working order and repair, and will provide spare parts for all Customer Provided Equipment. Customer will be fully liable for Customer Provided Equipment and Page 1107 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-11 will immediately notify Motorola of any Customer Provided Equipment damage, loss, or theft that may impact Motorola’s ability to provide Services under this Agreement. Customer will compensate Motorola for any re-work or changes to Services, and allow for changes to Project Schedule as a result of damage, loss or theft of Customer Provided Equipment. For all Customer Provided Equipment, (i) Customer is responsible for resolving issues affecting the performance of CAD application software; (ii) not provided per the agreed upon specification and within the Project Schedule time frame, the project is subject to delay. Section 8 TRAINING Any training to be provided by Motorola to Customer will be described in the applicable Training Plan (Exhibit C-6). Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer: (i) reschedules a training program less than thirty (30) days before its scheduled start date; (ii) does not adhere to the session attendance outlined in the Training Plan; Customer will compensate Motorola in whole for these additional costs. Section 9 SYSTEM ACCEPTANCE 9.1 SYSTEM ACCEPTANCE. System Acceptance will occur upon the first date of Beneficial Use. Customer will not unreasonably delay Beneficial Use, but in any event, Customer shall be required to commence Beneficial Use no later than 60 days following Motorola’s installation of the System. 9.2 BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before Live Operations Cutover (“Go-Live”) plan. Therefore, Customer will not commence Beneficial Use before Live Operation Cutover without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. Section 10 REPRESENTATIONS AND WARRANTIES 10.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon Beneficial Use or Go-Live, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, such as natural causes; or Customer changes to load usage or configuration outside the Specifications or Customer network availability. 10.2. EQUIPMENT WARRANTY. All Equipment sold in connection with the System is manufactured by third parties and not eligible for warranty by Motorola. Any warranty for Equipment should be obtained by Customer directly from the original equipment manufacturer. 10.3. SOFTWARE WARRANTY. Except as otherwise stated in the Software License Agreement or the Subscription Services Agreement, during the Warranty Period, Motorola warrants the Software in accordance with the warranty terms set forth in the Software License Agreement and the Subscription Services Agreement and the provisions of this Section that are applicable to the Software. The warranty set forth Section 10.1 shall apply only to the most current version of the Software issued by Motorola. Issuance of updated versions of the Software does not result in a renewal or extension of the Warranty Period. Motorola assumes no responsibility for the use of superseded, outdated, or uncorrected versions of the Software. Such warranty also excludes non-performance issues that result from Non Motorola Software or hardware malfunctions or defects; modification of the Software by any person other than Motorola, or defects or problems that are outside the reasonable control of Motorola, including defects or damage resulting from use of the Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; or Customer’s failure to comply with all applicable industry standards. Customer will reimburse Motorola for its reasonable time and expenses for any Services provided at Customer’s request to remedy excluded non- Page 1108 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-12 PSA System Agreement Motorola Solutions performance issues. Additionally, Motorola is not responsible for any problems or errors with the Software or Customer’s system resulting from Customer’s use of the Utilities (e.g., ctperl, dbload or ODBC) in any manner other than read-only. Customer expressly acknowledges that any use of the “write” or “update” features of these Utilities may damage Customer’s database or cause other problems with its system. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes beyond Motorola’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. 10.4. EXCLUSIONS TO SOFTWARE WARRANTIES. These warranties do not apply to defects or damage resulting from: use of the Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards. 10.5. SERVICE WARRANTY. During the Warranty Period, Motorola warrants that the Services will be provided in a good and workmanlike manner and will conform in all material respects to the applicable Statement of Work. Services 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. Customer acknowledges that the Deliverables may contain recommendations, suggestions or advice from Motorola to Customer (collectively, “recommendations”). Motorola makes no warranties concerning those recommendations, and Customer alone accepts responsibility for choosing whether and how to implement the recommendations and the results to be realized from implementing them. 10.6. THIRD PARTY PRODUCTS. Notwithstanding any provisions herein to the contrary, the warranty provisions of Exhibit A-2 and Exhibit A-4 apply respectively to Microsoft Products and Esri OEM Software. 10.7. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid Software warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Motorola Software. These actions will be the full extent of Motorola’s liability for the warranty claim. In the event of a valid Services warranty claim, 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. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 10.8. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System or Services for commercial, industrial, or governmental use only, and are not assignable or transferable. 10.9. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. In addition, Motorola disclaims any warranty to any person other than Customer with respect to the Software or Documentation. Customer agrees that Motorola is not responsible, and Motorola disclaims all liability for any claims or damages arising out of or related to any unauthorized persons hacking into or accessing Customer’s database or the Software. Section 11 DELAYS 11.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers Page 1109 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-13 the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Project Schedule or applicable Addenda for a time period that is reasonable under the circumstances. 11.2. PROJECT SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Project Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Project Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re- mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 12 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”). 12.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed. 12.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 12.3. MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 12.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 12.5. CONFIDENTIALITY. All communications pursuant to subsections 12.2 and 12.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 13 DEFAULT AND TERMINATION 13.1. DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement and does not correct such breach within a reasonable time, the other Party may consider the non- performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan. Repudiation or failure to accept the Software without cause constitutes a material breach of this Agreement. Page 1110 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-14 PSA System Agreement Motorola Solutions 13.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non- defaulting Party any of its Confidential Information. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. In the event Customer elects to terminate this Agreement for any reason other than default, Customer shall pay Motorola for the conforming Equipment and/or Software delivered and all services performed. 13.3 EFFECT OF TERMINATION. Upon termination of this Agreement, all rights granted to Customer will terminate and revert to Motorola and/or its licensors. Promptly upon termination of this Agreement for any reason or upon discontinuance or abandonment of Customer’s possession or use of the Software, Customer must return or destroy, as requested by Motorola, all copies of the Software and Non-Motorola Software in Customer’s possession, and all related Documentation, Confidential Information and other materials pertaining to the Software (including all copies thereof). However, the recipient of Confidential Information may retain one (1) archival copy of such Confidential Information (excluding the Software, Non-Motorola Software, and related Documentation), which it may use only in case of a dispute concerning this Agreement. Customer agrees to certify Customer’s compliance with such obligations, and that Customer is no longer using the Software, upon Motorola’s request. Customer will permit Motorola to repossess the Software and any products sold hereunder for which Customer has not fully paid the license fees or purchase price, as applicable. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer as a liquidated sum and proceed against Customer in any lawful way for satisfaction of such sum. Section 14 INDEMNIFICATION 14.1. GENERAL INDEMNITY BY Motorola. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This Section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement. 14.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This Section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement. 14.3. PATENT AND COPYRIGHT INFRINGEMENT. 14.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 14.3.2 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its Page 1111 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-15 option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 14.3.3 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 14.3.4. This Section 14 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 14 are subject to and limited by the restrictions set forth in Section 15. Section 15 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to (i) with respect to damages resulting from the Equipment, or implementation, or other one time services the direct damages recoverable under law, but not to exceed the price of the Equipment, implementation and other one-time Services with respect to which losses or damages are claimed or (ii) with respect to the Subscription Software and other Subscription Services or any other claims not otherwise specified in this clause, direct damages recoverable under law, but not to exceed in any calendar year the Subscription Price for twelve (12) months of Services preceding the first incident giving rise to the claim in such year. 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, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 16 CONFIDENTIALITY AND PROPRIETARY RIGHTS 16.1. CONFIDENTIAL INFORMATION. 16.1.1. Each party is a disclosing party (“Discloser”) and a receiving party (“Recipient”) under this Agreement. All Deliverables will be deemed to be Motorola’s Confidential Information. During the term of this Agreement and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and Page 1112 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-16 PSA System Agreement Motorola Solutions who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not disclose the Software or its related documentation to any competitor of Motorola; (iv) not copy, reproduce, reverse engineer, de-compile or disassemble any Confidential Information; (v) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (vi) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vii) only use the Confidential Information as needed to fulfill this Agreement. 16.1.2. Recipient is not obligated to maintain as confidential, Confidential Information that Recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this agreement; (ii) is explicitly approved for release by written authorization of Discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the Recipient prior to such disclosure; or (v) is independently developed by Recipient without the use of any of Discloser’s Confidential Information or any breach of this Agreement. Additionally, the Recipient may disclose Confidential Information to the extent required by a judicial or legislative order or proceeding, or by any applicable federal or state open records act or freedom of information act requirements provided that it gives the Discloser prompt prior notice of the intended disclosure and an opportunity to respond or object to the disclosure, if permissible. 16.1.3. All Confidential Information remains the property of the Discloser and will not be copied or reproduced without the express written permission of the Discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of Discloser’s written request, Recipient will return all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The Discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 16.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. The Software and all related documentation and materials provided by Motorola are licensed (not sold) to Customer. Motorola and the copyright owner of any Non- Motorola Software own and retain all of their respective Proprietary Rights in the Software and Non- Motorola Software respectively, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, Subscription Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Motorola and its licensors specifically reserve all rights not expressly granted to Customer in this Agreement. Customer must keep the Software free and clear of all claims, liens, and encumbrances. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. 16.3 PROPRIETARY MATERIALS. Customer acknowledges that Motorola may use and/or provide Customer with access to certain software tools and/or other technical materials, including, but not limited to, data, modules, components, designs, utilities, subsets, objects, program listings, models, methodologies, programs, systems, analysis frameworks, leading practices and specifications which Motorola has developed prior to, or independently from, the provision of the Services and/or which Motorola licenses from third parties, and derivatives thereof (collectively, “Proprietary Materials”). The Page 1113 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-17 Proprietary Materials are the sole and exclusive property of Motorola and Motorola retains all right, title and interest in and to the Proprietary Materials. 16.4 VOLUNTARY DISCLOSURE. Except as required to fulfill its obligations under this Agreement, Motorola will have no obligation to provide Customer with access to its Confidential Information and/or proprietary information. Under no circumstances will Motorola be required to provide any data related to cost and pricing. 16.5 DATA AND FEEDBACK. 16.5.1 To the extent permitted by law, Customer owns all right, title and interest in System Data created solely by it or its agents (hereafter, “Customer Data””), and grants to Motorola the right to use, host, cache, store, reproduce, copy, modify, combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data. 16.5.2 Motorola owns all right, title and interest in data resulting from System Data that is or has been transformed, altered, processed, aggregated, correlated or operated on (hereafter, “Derivative Data”). 16.5.3 Any Feedback given by Customer is and will be entirely voluntary and, even if designated as confidential, will not create any confidentiality obligation for Motorola. Motorola will be free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvements made to Motorola products or services conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Motorola product or service will vest solely in Motorola. Section 17 GENERAL 17.1. TAXES. The Subscription Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 17.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.3. WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 17.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 17.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an Page 1114 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-18 PSA System Agreement Motorola Solutions independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 17.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 17.7. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt. 17.8. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 17.9 PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US Page 1115 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-19 17.10 By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 17.11. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 17.12. ADMINISTRATOR LEVEL ACCOUNT ACCESS. If applicable to the type of System purchased by Customer, Motorola will provide Customer with administrative user credentials. Customer agrees to only grant access to the administrative user credentials to those personnel with the training and experience to correctly use them. Customer is responsible for protecting administrative user Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid administrative user credentials when in contact with Motorola System support personnel. Customer understands that changes made as the administrative user can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made using the administrative user credentials may impact Motorola’s ability to perform Services or other obligations under the Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain administrative user credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue. 17.13. COVENANT NOT TO EMPLOY. 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 will be modified as necessary to conform to applicable law. 17.14. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any payment obligations exist, Sections 6.2 and 6.3 (Subscription Price and Invoicing and Payment); Subsection 10.9 (Disclaimer of Implied Warranties); Section 12 (Disputes); Section 15 (Limitation of Liability); and Section 16 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 17. 17.15. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties Page 1116 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-20 PSA System Agreement Motorola Solutions had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: ____________________________ Daniel Sanchez Territory Vice President 6/24/2020 Page 1117 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-21 Exhibit A-1 MOTOROLA SOFTWARE LICENSE AGREEMENT This Exhibit A-1 Motorola Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and ______________________________________ (“Licensee”). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed. 1.5 “Primary Agreement” means the agreement to which this exhibit is attached. 1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary software or products containing embedded or pre-loaded proprietary software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the proprietary software and affiliated documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and in consideration of the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. If Exhibit C-2 lists one or more agencies of Customer as “Authorized Users,” Shared Agencies, or a similar term, or otherwise identifies the agencies that the parties intend to use the Software, then, notwithstanding any other terms of this Agreement, the parties acknowledge and agree that all rights and licenses granted under this Agreement for the use of the Software and related materials are granted solely to such Authorized Users, including Shared Agencies, and their personnel. As required by the Primary Agreement, Customer will require Authorized Users including Shared Agencies to commit in writing to the obligations in the Software License Agreement. Additional agencies may be added to Exhibit C-2 as Authorized Users, or may be added as Shared Agencies pursuant to Section 3.8 of the Primary Agreement, by mutual written agreement of Customer and Motorola, subject to payment of the applicable Page 1118 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-22 PSA System Agreement Motorola Solutions license and support fees for the additional agencies. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; and (ii) identify the Open Source Software (or specify where that license may be found). 3.3. If the Designated Products being acquired by Licensee include a Microsoft SQL Server or a Microsoft System Center Operations Manager, the Microsoft software for these Microsoft Products is sublicensed to Licensee from Motorola and is subject to additional Microsoft End-User License Agreement terms. 3.4 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERSEDES THE SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable its employees, agents, and independent contractors and any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. Licensee is liable for any breach of this Agreement by any of its employees, agents, or independent contractors. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt Page 1119 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-23 written notice to Motorola at the time temporary transfer is discontinued. 4.4. The license for Cityworks or Customer Service Request Software is for the use of the Software with the Designated System or for the specified number of Concurrent Users for which it was provided, the purpose for which it was designed and only for the application specific use covered by this Agreement, or the Primary Agreement. This license does not allow access to the Software through other Designated Systems except as specifically permitted. “Concurrent User” means the maximum number of concurrent connections to Software authorized by this Agreement or the Primary Agreement at any one instance in time. “Designated System” means the computer hardware and operating system configuration specified in the Primary Agreement for which the Software is licensed for use. Additional Designated System licenses are required for communication with additional instances of a database or additional databases. 4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. Unless otherwise stated in the Primary Agreement, the commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error- free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. Notwithstanding, any warranty provided by a copyright owner in its standard license terms will flow through to Licensee for third party software provided by Motorola. 6.2. Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Page 1120 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-24 PSA System Agreement Motorola Solutions Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1. Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2. Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3. Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 Commercial Computer Software 9.1. This Section 9 only applies to U.S. Government end users. The Software, Documentation and updates are commercial items as that term is defined at 48 C.F.R. Part 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. Part 252.227-7014(a)(1) and 48 C.F.R. Part 252.227-7014(a)(5), and used in 48 C.F.R. Part 12.212 and 48 C.F.R. Part 227.7202, as applicable. Consistent with 48 C.F.R. Part 12.212, 48 C.F.R. Part 252.227-7015, 48 C.F.R. Part 227.7202-1 through 227.7202-4, 48 C.F.R. Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the Software, Documentation and Updates are distributed and licensed to U.S. Government end users: (i) only as commercial items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein. 9.2 If Licensee is licensing Software for end use by the United States Government or a United States Government agency, Licensee may transfer such Software license, but only if: (i) Licensee transfers all Page 1121 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-25 copies of such Software and Documentation to such United States Government entity or interim transferee, and (ii) Licensee has first obtained from the transferee (if applicable) and ultimate end user an enforceable end user license agreement containing restrictions substantially identical to the ones contained in this Agreement. Except as stated in the foregoing, Licensee and any transferee(s) authorized by this subsection 9.2 may not otherwise use or transfer or make available any Motorola software to any third party nor permit any party to do so. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. Page 1122 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-26 PSA System Agreement Motorola Solutions 13.8. SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. Exhibit A-2 MICROSOFT END USER LICENSE TERMS TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE This document governs the use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Motorola Solutions, Inc. (hereinafter referred to as “Customer”). Customer does not own the Products and the use thereof is subject to certain rights and limitations of which Customer must inform you. Your right to use the Products is subject to the terms of your agreement with Customer, and to your understanding of, compliance with, and consent to the following terms and conditions, which Customer does not have authority to vary, alter, or amend. 1. DEFINITIONS. “Client Software” means software that is installed on a Device that allows the Device to access or utilize the Products. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or any other hardware where software can be installed that would allow End User to interact with the Product. “End User” means an individual or legal entity that obtains Software Services directly from Customer, or indirectly through a Software Services Reseller. “Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below. “Software Services” means services that Customer provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. Customer must provide these services from data center(s) through the Internet, a telephone network or a private network, on a rental, subscription or services basis, whether or not Customer receives a fee. Software Services exclude any services involving installation of a Product directly on any End User device to permit an End User to interact with the Product. 2. OWNERSHIP OF PRODUCTS. The Products are licensed to Customer from an affiliate of the Microsoft Corporation (collectively “Microsoft”). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you. 3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with Customer and the terms under this document, and only in connection with the Software Services, provided to you by Customer. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software. 4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by Customer, you may have access to certain “sample,” “redistributable” and/or software Page 1123 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-27 development software code and tools (individually and collectively “Redistribution Software”). You may use, copy and/or install the Redistribution Software only in accordance with the terns of your agreement with Customer and this document and/or your agreement with Customer. 5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Customer; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Customer, upon notice from Customer or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products. 6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity. 7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and Customer. 7. TERMINATION. Without prejudice to any other rights, Customer may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Customer or Customer’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts within thirty (30) days of the termination of your agreement with Customer. 8. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services. Any warranties and liabilities are provided solely by Customer and not by Microsoft, its affiliates or subsidiaries. 9. PRODUCT SUPPORT. Any support for the Software Services is provided to you by Customer or a third party on Customer’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries. 10. NOT FAULT TOLERANT. The Products are not fault tolerant and are not guaranteed to be error free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). 12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. Customer must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/. 11. LIABILITY FOR BREACH. In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions. 12. INFORMATION DISCLOSURE. You must permit Customer to disclose any information requested by Microsoft under the Customer’s Agreement. Microsoft will be an intended third party beneficiary of your agreement with Customer, with the right to enforce provisions of your agreement with Customer and to verify your co Page 1124 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-28 PSA System Agreement Motorola Solutions EXHIBIT A-3 SUBSCRIPTION SERVICES AGREEMENT Motorola Solutions, Inc. (“Motorola”) and Customer Name (“Customer”) enter into this Subscription Services Agreement (“Agreement”) pursuant to which Customer will purchase and Motorola will sell a subscription to access the subscription services described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” WHEREAS, Motorola owns, operates, supports and otherwise maintains a cost sharing, PremierOne™ Computer Aided Dispatch system (the “System”); and WHEREAS, User desires service on the System pursuant to the terms of this User Agreement, and as further outlined in Attachment A; and NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Motorola and User hereby covenants and agree as follows: 1. DEFINITIONS Capitalized terms used in this Agreement have the meanings set forth below. “Anonymized” means having been stripped of any personal or correlating information revealing original source or uniquely identifying a person or entity. “Confidential Information” means any information that is disclosed in written, graphic, verbal, machine- recognizable form, user/unit and provisional data, and all transactional data stored in the system; and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party’s possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. “Customer Data” means Native Data provided by Customer to Motorola hereunder to be processed and used in connection with the Subscription Services. Customer Data does not include data provided by third parties and passed on to Motorola. “Documentation” means the technical materials provided by Motorola to Customer in electronic form describing the use and operation of the Solution and Software, including any technical manuals, but excluding any sales, advertising or marketing materials or proposals. “Effective Date” means, as applicable, the date of the last signature to include this Agreement. “Feedback” means comments or information, in oral or written form, given to Motorola by Customer, in connection with or relating to the Solution and Subscription Services. “Force Majeure” which means an event, circumstance, or act that is beyond a Party’s reasonable control, such as an act of God, an act of the public enemy, an act of a government entity, strikes, other labor disturbances, supplier performance, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, riots, or any other similar cause. “Licensed Product” means 1) Software, whether hosted or installed at Customer's site, 2) Documentation; 3) associated user interfaces; 4) help resources; and 5) any related technology or other services made available by the Solution. “Native Data” means data that is created solely by Customer or its agents. “Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, ideas and concepts, moral rights, processes, Page 1125 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-29 methodologies, tools, techniques, and other intellectual property rights. “Software” means the Motorola owned or licensed off the shelf software programs delivered as part of the Licensed Products used to provide the Subscription Services, including all bug fixes, updates and upgrades. Title to Software does not transfer to Customer for any reason whatsoever. “Solution” means collectively, the Software, servers and any other hardware or equipment operated by Motorola and used in conjunction with the Subscription Services. “Solution Data” means Customer Data that is transformed, altered, processed, aggregated, correlated or operated on by Motorola, its vendors or other data sources and data that has been manipulated or retrieved using Motorola know-how to produce value-added content that is made available to Customer with the Solution and Subscription Services. “Statement of Work” If included, the Statement of Work (“SOW”) describes the Subscription Services, Licensed Products and Solution that Motorola will provide to Customer under this Agreement, and the other work-related responsibilities that the parties owe to each other. The Statement of Work may contain a Project Schedule. “Subscription Services” means those subscription services to be provided by Motorola to Customer under this Agreement, the nature and scope of which are more fully described in the Documentation, proposal, or SOW, as applicable. “Users” means Customer's authorized employees or other individuals authorized to utilize the Subscription Services on behalf of Customer and who will be provided access to the Subscription Services by virtue of a password or equivalent security mechanism implemented by Customer. 2. SCOPE 2.1 Subscription Services. Motorola will provide to Customer the Subscription Services. As part of the Subscription Services, Motorola will allow Customer to use the Solution described in the Statement of Work, Documentation, or proposal, as applicable. Motorola and Customer will perform their respective responsibilities as described in this Agreement, any applicable SOW, Documentation, and the proposal. 2.2 To enable Motorola to perform the Subscription Services, Customer will provide to Motorola reasonable access to relevant Customer information, personnel, systems, and office space when Motorola’s employees are working on Customer’s premises, and other general assistance. 2.3 If the Statement of Work contains assumptions that affect the Services, Customer will verify that the assumptions are accurate and complete. Any information that Customer provides to Motorola concerning the Services will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management and third party approvals or consents that are reasonably necessary for Motorola to perform the Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph. 2.4 Customer may request changes to the Services. If Motorola agrees to a requested change, the change must be confirmed in writing and signed by authorized representatives of both parties. A reasonable price adjustment will be made if any change affects the time of performance or the cost to perform the Services. 2.5 During the Term of this Agreement and for twelve (12) months thereafter, Customer will not actively solicit the employment of any Motorola personnel who is involved directly with providing any of the Services. 3. TERMS AND CONDITIONS The terms of the Agreement combined with the terms of any applicable SOW, Documentation, and the proposal will govern the products and services offered pursuant to this Agreement. To the extent there is a conflict between the terms and conditions of the Agreement and the terms and conditions of the applicable SOW, Documentation, and the proposal, the Agreement takes precedence. Page 1126 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-30 PSA System Agreement Motorola Solutions 3.1 Subscription Services Term 3.1.1 The Term of this Agreement begins on the Effective Date and continues each month until termination by either Party in accordance with the Termination Section of this Agreement. 3.1.2 Term. The term of this Agreement begins on the Effective Date and continues for five (5) years (Initial Term). Following the Initial Term, this Agreement will automatically renew upon the anniversary date for successive five (5) year periods (“Renewal Term”) unless either Party: 1) notifies the other of its intention to not renew the Agreement (in whole or part) at least thirty (30) days before the anniversary date; 2) requests an alternate term; or 3) terminates in accordance with the termination provision in the Agreement, including non-payment of fees for the renewal period by the anniversary date. The terms and conditions of the Agreement and will govern any renewal periods, and the pricing for each Renewal Term will be proposed by Motorola and subject to approval by Customer at least thirty (30) days prior to the expiration of the Term. 3.2 Motorola Access. To enable Motorola to perform the Subscription Services, Customer will provide relevant, reasonable and appropriate Customer information to Motorola, if requested. 3.3 Customer Information. If the Documentation, Statement of Work, proposal, or other related documents contain assumptions that affect the Subscription Services, Customer will verify that they are accurate and complete. Any information that Customer provides to Motorola concerning the Subscription Services will be accurate and complete in all material respects. Customer will make timely decisions and obtain any required management and third party approvals or consents that are reasonably necessary for Motorola to perform the Subscription Services and its other duties under this Agreement. Unless the Statement of Work states the contrary, Motorola may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions and Customer-provided information, decisions and approvals described in this paragraph. 3.4 Enable Users. Customer will properly enable its Users to use the Subscription Services, including providing instructions for use, labeling, required notices, and accommodation pursuant to applicable laws, rules, and regulations. Unless otherwise agreed in the SOW, Customer will train its Users on proper operation of the Solution and Licensed Products. Customer agrees to require Users to acknowledge and accept the limitations and conditions of use of the Licensed Products in this Agreement prior to allowing Users to access or use Subscription Services. 3.5 Subscription Fees. 3.5.1 Services will be provided in exchange for Subscription Fees paid in accordance with Motorola’s Hosted CAD Price Proposal. Motorola will bill the credit card provided by Customer on the Effective Date and monthly thereafter until termination of the Agreement. Motorola will terminate Service for any non- payment of fees, including failure of credit card transaction. 3.5.2 Fees. Motorola will submit an invoice for the start up fees on the Effective Date. Motorola will also submit an invoice for the subscription fees on the Effective Date. On each anniversary of the Effective Date, Motorola will issue an invoice for the subscription fees for the Renewal Term. Motorola reserves the right to change the subscription fees at the end of each Subscription Services Term. Except for any payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice and as further described in the Agreement. If Customer is afforded a discount to the price of Subscription Services in exchange for a five-year Subscription Services term commitment, an early termination fee will be charged, representing a return of the discount off of list price. 3.5.3 Notwithstanding any language to the contrary, the pricing and fees associated with this Agreement will not be subject to any most favored pricing commitment or other similar low price guarantees. 3.5.4 By executing this Agreement, Customer authorizes Motorola to proceed with its contract performance, and Customer affirms that execution of this Agreement is the only Notice to Proceed that Motorola will receive for the term of this Agreement. Customer does not need to issue a purchase order or other funding documentation in order to pay Motorola per Exhibit [B] of this Agreement. Customer affirms funding has been encumbered for this order and will pay all proper invoices as received from Motorola Page 1127 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-31 solely against this Agreement. 3.6 TAXES. The Subscription Fees do not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of those taxes, it will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within thirty (30) days after the date of the invoice. Motorola will be solely responsible for reporting taxes on its income or net worth. 3.7 ACCEPTANCE; SCHEDULE; FORCE MAJEURE 3.7.1 The Licensed Products will be deemed accepted upon live cutover. 3.7.2 All Subscription Services will be performed in accordance with the Project Schedule included in the Statement of Work, or if there is no Project Schedule, within a reasonable time period. 3.7.3 Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. Each Party will notify the other in writing if it becomes aware of any Force Majeure that will significantly delay performance. The notifying Party will give the notice promptly (but in no event later than fifteen (15) days) after it discovers the Force Majeure. 3.8 LIMITED LICENSE 3.8.1 LICENSED PRODUCTS. Use of the Licensed Products by Customer and its Users is strictly limited to use in connection with the Solution or Subscription Services during the Term. Customer and Users will refrain from, and will require others to refrain from, doing any of the following with regard to the Software in the Solution: (i) directly or indirectly, by electronic or other means, copy, modify, or translate the Software; (ii) directly or indirectly, by electronic or other means, reproduce, reverse engineer, distribute, sell, publish, commercially exploit, rent, lease, sublicense, assign or otherwise transfer or make available the Licensed Products or any part thereof to any third party, or otherwise disseminate the Licensed Product in any manner; (iii) directly or indirectly, by electronic or other means, modify, decompile, or disassemble the Software or part thereof, or attempt to derive source code from the Software; or (iv) remove any proprietary notices, labels, or marks on the Software or any part of the Licensed Products. Motorola Solutions reserves all rights to the Software and other Licensed Products not expressly granted herein. Customer agrees to abide by the copyright laws of the United States and all other relevant jurisdictions, including without limitation, the copyright laws where Customer uses the Solution. Customer agrees to immediately cease using the Solution if it fails to comply with this paragraph or any other part of this Agreement. 3.8.2 Regardless of any contrary provision in the Agreement, Motorola or its third party providers own and retain all of their respective Proprietary Rights in the Software, Solution, and Licensed Product. Nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing Services to Customer remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. No custom development work is to be performed under this Agreement. 3.9 DATA AND FEEDBACK 3.9.1 Solution Data. To the extent permitted by law, Motorola, its vendors and licensors are the exclusive owners of all right, title, and interest, in and to the Solution Data, including all intellectual property rights therein. Motorola grants Customer a personal, royalty-free, non-exclusive license to: (i) access, view, use, copy, and store the Solution Data for its internal business purposes and, (ii) when specifically permitted by the applicable Statement of Work, publish Solution Data on its websites for viewing by the public. 3.9.2 Customer Data. To the extent permitted by law, Customer retains ownership of Customer Data. Customer grants Motorola and its subcontractors a personal, royalty-free, non-exclusive license to use, host, cache, store, reproduce, copy, modify combine, analyze, create derivatives from, communicate, transmit, publish, display, and distribute such Customer Data for the purpose of providing the Subscription Services to Customer, other Motorola Customers and end users. In addition to the rights listed above, Customer grants Motorola a license to sell an Anonymized version of Customer Data for any purpose. Page 1128 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-32 PSA System Agreement Motorola Solutions 3.9.3 Feedback. Any Feedback given by Customer is entirely voluntary and, even if designated as confidential, will create no confidentiality obligation for Motorola. Motorola is free to use, reproduce, license or otherwise distribute and exploit the Feedback without any obligation to Customer. Customer acknowledges that Motorola’s receipt of the Feedback does not imply or create recognition by Motorola of either the novelty or originality of any idea. The parties further agree that all fixes, modifications and improvement to the Licensed Product or Subscription Service conceived of or made by Motorola that are based, either in whole or in part, on the Feedback are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements to the Licensed Product or Subscription Service will vest solely in Motorola. 3.10 WARRANTY 3.10.1 THE SOLUTION AND SUBSCRIPTION SERVICES ARE PROVIDED “AS IS”. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Motorola may give recommendations, suggestions or advice to Customer (collectively, “Recommendations”). Motorola makes no warranties concerning those Recommendations, and Customer alone accepts responsibility for choosing whether and how to implement such Recommendations and the results of implementation. 3.10.2 NO GUARANTEE. Customer acknowledges that functionality of the Solution as well as availability and accuracy of Solution Data is dependent on many elements beyond Motorola’s control, including databases managed by Customer or third parties and Customer’s existing equipment, software, and Customer Data. Therefore, Motorola does not guarantee availability or accuracy of data, or any minimum level of coverage or connectivity. Interruption or interference with the Subscription Services or Solution may periodically occur. Customer agrees not to represent to any third party that Motorola has provided such guarantee. 3.11 DISCLAIMERS 3.11.1 EXISTING EQUIPMENT AND SOFTWARE. If Customer’s existing equipment and software is critical to operation and use of the Subscription Services, Customer is solely responsible for supporting and maintaining Customer’s existing equipment and software. Any failures or deficiencies of Customer’s existing equipment and software may impact the functionality of the Solution and the Subscription Services to be delivered. Any vulnerabilities or inefficiencies in Customer’s system may also impact the Solution and associated Subscription Services. 3.11.2 PRIVACY. Customer bears sole responsibility for compliance with any laws and regulations regarding tracking; location based services; gathering, storing, processing, transmitting, using or misusing; or otherwise handling personally identifiable information (“PII”), including information about Users of the Solution or citizens in the general public. Further, it is Customer’s sole responsibility to comply with any laws or regulations prescribing the measures to be taken in the event of breach of privacy or accidental disclosure of any PII. Enacting and enforcing any internal privacy policies for the protection of PII, including individual disclosure and consent mechanisms, limitations on use of the information, and commitments with respect to the storage, use, deletion and processing of PII in a manner that complies with applicable laws and regulations will be Customer’s sole responsibility. Motorola will not evaluate the sufficiency of such policies and disclaims any responsibility or liability for privacy practices implemented by Customer, or lack thereof. Customer acknowledges and agrees that Subscription Services and the Solution are not designed to ensure individual privacy. Customer will inform Users that the Solution may enable visibility to PII, as well as physical location of individuals. Further, if the Solution or Subscription Services are available to the general public pursuant to this Agreement, Customer will provide the appropriate privacy notification. Neither Motorola nor Customer can provide any assurance of individual privacy in connection with the Solution. Further, Customer is solely responsible for determining whether and how to use data gathered from social media sources for the purpose of criminal investigations or prosecution. Customer will hold Motorola harmless from any and all liability, expense, judgment, suit, or cause of action, which may accrue against Motorola for causes of action for damages related to tracking, location based services, breach of privacy, and the use or misuse of PII provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or settlement of such claim or suit. Page 1129 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-33 3.11.4 Motorola reserves the right to discontinue service at any time without notice to Users that misuse the Service, jeopardize the Licensed Product or public safety in any way. 3.12 LIMITATION OF LIABILITY 3.12.1 Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Subscription Services provided under this 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, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS EXHIBIT OR THE PERFORMANCE OF THE SUBSCRIPTION SERVICES BY MOTOROLA. This limitation of liability provision survives the expiration or termination of this Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. 3.12.2 MOTOROLA DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL LOSS OR COSTS OF ANY KIND ASSOCIATED WITH 1) THE INTERRUPTION, INTERFERENCE OR FAILURE OF CONNECTIVITY, VULNERABILITIES OR SECURITY EVENTS, WHETHER OR NOT THEY ARE DISCOVERED BY MOTOROLA; 2) PERFORMANCE OF CUSTOMER’S EXISTING EQUIPMENT AND SOFTWARE OR ACCURACY OF CUSTOMER DATA; 3) IF ANY PORTION OF THE SOLUTION OR LICENSED PRODUCT RESIDES ON CUSTOMER’S PREMISES, DISRUPTIONS OF AND/OR DAMAGE TO CUSTOMER’S OR A THIRD PARTY’S INFORMATION SYSTEMS, EQUIPMENT, AND THE INFORMATION AND DATA, INCLUDING, BUT NOT LIMITED TO, DENIAL OF ACCESS TO A LEGITIMATE SYSTEM USER, AUTOMATIC SHUTDOWN OF INFORMATION SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE, OR FAILURE OF THE INFORMATION SYSTEM RESULTING FROM THE PROVISION OR DELIVERY OF THE SERVICE; 4) AVAILABILITY OR ACCURACY OF SOLUTION DATA; 5) INTERPRETATION, USE OR MISUSE IN ANY WAY OF SOLUTION DATA; 6) IMPLEMENTATION OF RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE SUBSCRIPTION SERVICES; 7) TRACKING, AND LOCATION BASED SERVICES, BREACH OF PRIVACY, AND THE USE OR MISUSE OF PERSONALLY IDENTIFIABLE INFORMATION; 8) IN THE EVENT the use of the solution IS disconnected for any reason BY THE CUSTOMER; and 9) for any citizen complaint resulting from the agencies’ response to a citizen request for service. 3.12.3 The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. 3.13 DEFAULT AND TERMINATION 3.13.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written, detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan. 3.13.2 FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 3.13.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of a termination for default, the defaulting Party will promptly return to the non-defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and procures the Services through a third party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to procure the Page 1130 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-34 PSA System Agreement Motorola Solutions Services (but not additional or out of scope services) less the unpaid portion of the Contract Price. Customer agrees to mitigate damages and provide Motorola with detailed invoices substantiating the charges. 3.13.3 RETURN OF CONFIDENTIAL INFORMATION. Upon termination or expiration of the Agreement, Customer will return or certify the destruction of all Confidential Information, Solution Data, Customer data, including all user/unit, provisioning data, and all transactional data stored in the system. In the event that this Agreement is terminated, Motorola agrees to return all transactional data to Customer. To the full extent allowed by law, Customer is responsible for responding to all public freedom of information act (FOIA) requests within the time limits listed in South Carolina statutes, and Motorola will not respond nor be responsible for responding to such FOIA requests for information related to this Agreement. 3.13.4 If the Subscription Services are terminated for any reason prior to the end of the Term or other subscription period set forth in the applicable SOW or proposal, no refund or credit will be provided. 3.14 DISPUTES 3.14.1. SETTLEMENT PREFERRED. The parties will attempt to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality) through consultation and a spirit of mutual cooperation. The dispute will be escalated to appropriate higher-level managers of the parties, if necessary. If cooperative efforts fail, the dispute will be mediated by a mediator chosen jointly by the parties within thirty (30) days after notice by one of the parties demanding non- binding mediation. The parties will not unreasonably withhold consent to the selection of a mediator, will share the cost of the mediation equally, may agree to postpone mediation until they have completed some specified but limited discovery about the dispute, and may replace mediation with some other form of non- binding alternative dispute resolution (“ADR”). 3.14.2 LITIGATION. A Party may submit to a court of competent jurisdiction any claim relating to intellectual property, breach of confidentiality, or any dispute that cannot be resolved between the parties through negotiation or mediation within two (2) months after the date of the initial demand for non-binding mediation. Each Party consents to jurisdiction over it by that court. The use of ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either Party. Either Party may resort to the judicial proceedings described in this section before the expiration of the two-month ADR period if good faith efforts to resolve the dispute under these procedures have been unsuccessful; or interim relief from the court is necessary to prevent serious and irreparable injury to the Party. 3.15 GENERAL 3.15.1 FUTURE REGULATORY REQUIREMENTS. The Parties acknowledge and agree that this is an evolving technological area and therefore, laws and regulations regarding Subscription Services and use of the Solution may change. Changes to existing Subscription Services or Solution required to achieve regulatory compliance may be available for an additional fee. Any required changes may also impact the Fees for services. 3.15.2 COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement. Further, Customer will comply with all applicable export and import control laws and regulations in its use of the Licensed Products and Subscription Services. In particular, Customer will not export or re-export the Licensed Products without Motorola’s prior written consent, and, if such consent is granted, without Customer first obtaining all required United States and foreign government licenses. Customer further agrees to comply with all applicable laws and regulations in providing the Customer Data to Motorola, and Customer warrants and represents to Motorola that Customer has all rights necessary to provide such Customer Data to Motorola for the uses as contemplated hereunder. Customer shall obtain at its expense all necessary licenses, permits and regulatory approvals required by any and all governmental authorities as may from time to time be required in connection with its activities related to this Agreement. To the extent permitted by applicable law, Customer will defend, indemnify, and hold harmless Motorola from and against any violation of such laws or regulations by Customer or any of its agents, officers, directors, or employees. Page 1131 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-35 3.15.3 AUDIT. Motorola reserves the right to monitor and audit use of the Subscription Services. Customer will cooperate and will require Users to cooperate with such monitoring or audit. 3.15.4 ASSIGNABILITY. Neither Party may assign this Agreement without the prior written consent of the other Party (which will not be unreasonably withheld or delayed), except that Motorola may assign this Agreement to any of its affiliates. 3.15.5 SUBCONTRACTING. Motorola may not subcontract any portion of the Services without the prior written consent of Customer, which will not be unreasonably withheld or delayed. 3.15.6 WAIVER. Failure or delay by either Party to exercise a right or power will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 3.15.7 SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or otherwise unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 3.15.8 INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 3.15.9 HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 3.15.10 GOVERNING LAW. This Agreement and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State of South Carolina. 3.15.11 NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt 3.15.12 AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. SECTION 4 CONFIDENTIAL INFORMATION 4.1. During the term of this Agreement, the parties may provide each other with Confidential Information. Licensed Products will be deemed to be Motorola’s Confidential Information. Each Party will: maintain the confidentiality of the other Party’s Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a “need to know” and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but those precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement or pursuant to the license granted immediately below. 4.2. The disclosing Party owns and retains all of its Proprietary Rights in and to its Confidential Page 1132 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-36 PSA System Agreement Motorola Solutions Information, except the disclosing Party hereby grants to the receiving Party the limited right and license, on a non-exclusive, irrevocable, and royalty-free basis, to use the Confidential Information for any lawful, internal business purpose in the manner and to the extent permitted by this Agreement. SECTION 5 PRESERVATION OF PROPRIETARY RIGHTS. 5.1 Customer acknowledges that the Licensed Products and any associated Documentation, data, and methodologies used in providing Services are proprietary to Motorola or its third party licensors and contain valuable trade secrets. In accordance with this Agreement, Customer and its employees shall treat the Solution and all Proprietary Rights as Confidential Information and will maintain the strictest confidence. 5.2 Each Party owns and retains all of its Proprietary Rights that exist on the Effective Date. Motorola owns and retains all Proprietary Rights that are developed, originated, or prepared in connection with providing the Services to Customer. This Agreement does not grant to Customer any shared development rights. At Motorola’s request and expense, Customer will execute all papers and provide reasonable assistance to Motorola to enable Motorola to establish the Proprietary Rights. Unless otherwise explicitly stated herein, this Agreement does not restrict a Party concerning its own Proprietary Rights and is not a grant (either directly or by implication, estoppel, or otherwise) of a Party’s Proprietary Rights to the other Party. 5.3 Remedies. Because Licensed Products contain valuable trade secrets and proprietary information of Motorola, its vendors and licensors, Customer acknowledges and agrees that any actual or threatened breach of this Section will constitute immediate, irreparable harm to Motorola for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Notwithstanding anything in this Agreement to the contrary, Motorola reserves the right to obtain injunctive relief and any other appropriate remedies from any court of competent jurisdiction in connection with any actual, alleged, or suspected breach of Section 3, infringement, misappropriation or violation of Motorola’s Property Rights, or the unauthorized use of Motorola’s Confidential Information. Any such action or proceeding may be brought in any court of competent jurisdiction. Except as otherwise expressly provided in this Agreement, the parties' rights and remedies under this Agreement are cumulative. 6. SURVIVAL OF TERMS. The following provisions survives the expiration or termination of this Agreement for any reason: if any payment obligations exist, Section 3.5 (Subscription Fees); Section 3.12 (Limitation of Liability); Section 3.13 (Default and Termination); Section 3.14 (Disputes); and all General provisions in Section 3.15, Section 4 (Confidential Information); and Section 5 (Proprietary Rights). 7. ENTIRE AGREEMENT. This Agreement, and any related attachments constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase or purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. In witness whereof, the parties hereto have executed this Agreement as of the Effective Date. CUSTOMER NAME MOTOROLA SOLUTIONS, INC. BY: _________________________ BY: ___________________________ NAME: ______________________ NAME: ________________________ TITLE: ______________________ TITLE: ________________________ DATE: ______________________ DATE: _________________________ Daniel Sanchez Territory Vice President 6/24/2020 Page 1133 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-37 Exhibit A-4 Esri Terms, if applicable This Exhibit A-4 to the Computer Aided Dispatch (“CAD”) and Records System and Services Agreement (“Primary Agreement”) only concerns the Esri OEM Software included with the CAD Solution provided by Motorola. Motorola and Customer agree that this Exhibit applies only to the Esri OEM Software as fully described herein. Esri OEM SOFTWARE. Notwithstanding any provisions herein to the contrary, the following provisions apply concerning the Esri OEM Software. a. To the extent permitted by applicable law, Esri and its licensors liability is disclaimed for any damages or loss of any kind, whether direct, special, indirect, incidental, or consequential, arising from the use of the including, but not limited to, liability for use of the Esri OEM Software in high-risk activities or liability related to any data supplied by Esri. b. Upon termination of the contract, Customer agrees to (i) cease access and use of Hosted Solution(s), Online Services and clear Online Services client-side data cache and (ii) cease use, uninstall, remove, and destroy all Subscription Services and any whole or partial copies, modifications, or merged portions in any form and execute and deliver evidence of such actions to Motorola. c. Customer will fully comply with all relevant export laws and regulations of the United States to ensure that Esri OEM Software or any direct product thereof, is not exported, directly or indirectly, in violation of United States law. d. Customer shall not remove or obscure of any copyright, trademark notice, or restrictive legend. e. All terms in the Esri click-through Master Agreement included with Esri Licensed Material are disclaimed. f. The Esri OEM Software may contain some nonconformities, defects, errors, or omissions. The Esri OEM Software IS/ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence, Esri and its licensors do not warrant Data, Online Services, and the Esri OEM Software will meet the Customer's needs or expectations, that the use of Data, Online Services, and Esri OEM Software will be uninterrupted, or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on Data, Online Services, and Esri OEM Software, and Customer should always verify actual Data, Online Services and Esri OEM Software. g. Customer’s end users may not share its login or password with any other third party or other end user. 2.1 Software will substantially perform in conformance with the Specifications and its Documentation, provided the Software is used as specified in the Documentation, and will provide Updates, Upgrades, timely system releases, error corrections, and such improvements outlined in the Esri life cycle maintenance policy. The foregoing warranties do not apply to errors, defects, or nonconformities due to: a) misuse of the Software solely by the Customer; b) unauthorized modification of the Software by Customer; or c) failure of Customer to use compatible hardware and software as set forth in the specifications. 2.2. If included under this Agreement, the Data has been obtained from sources believed to be reliable, but its accuracy and completeness is not guaranteed. The Data may contain some nonconformities, defects, errors or omissions. Esri and Motorola make no warranty with respect to the Data. Without limiting the generality of the preceding sentence, Esri and Motorola do not warrant the Data will meet the Customer’s needs or expectations, the use of Data will be uninterrupted, or that all nonconformities can or will be corrected. Esri and Motorola are not inviting reliance on the Data, and Customer should always verify actual Data, including, but not limited to, map, spatial, raster and tabular Page 1134 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-38 PSA System Agreement Motorola Solutions information. 2.3. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, Esri DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION AND NON-INFRINGEMENT. Esri DOES NOT WARRANT THAT THE DATA WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS, THE USE OF THE SAME WILL BE UNINTERRUPTED, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. 2.4. Customer’s exclusive remedy and Esri’s entire liability for breach of the limited warranties set forth herein shall be limited, at Esri’s sole discretion, to (a) replacement of any defective media; (b) repair, correction, or a work-around for the Software subject to the Esri Support Services Policy, (c) return of the license fees paid for the Software, Data, or Documentation that does not meet Esri’s limited warranty, provided that Customer uninstalls, removes, and destroys all copies of the Software, Data, or Documentation and executes and delivers evidence of such de-installation and destruction to Esri. 3. THIRD PARTY PROVIDED DOCUMENTATION. Non-Motorola authored documentation will be provided in the format available from the vendor and in accordance with the vendor’s distribution policy Page 1135 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions PSA System Agreement 7-39 Exhibit B PAYMENT Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. Payments Non-Recurring Costs are to be invoiced upon contract recording. Annual Subscriptions are to be invoiced the first of the month following Go Live / Cutover and every year following on the same date for the term of the subscription (5 years) For Maintenance and Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan. The following is the estimated payment schedule: Milestone Payment Due Approx. Date Fixed Costs Subscription Annual Total Contract Signature N/A 7/7/2020 N/A N/A N/A Payment 1 45 Days After Contract Signing 8/30/2020 $240,396.50 No Payment $240,396.50 Go-Live N/A 4/15/2021 N/A N/A N/A Payment 2*30 Days After Go-Live 5/15/2021 No Payment $185,397.00 $185,397.00 Payment 3 30 Days From Invoice Date 11/15/2021 No Payment $370,794.00 $370,794.00 Payment 4 30 Days From Invoice Date 11/15/2022 No Payment $370,794.00 $370,794.00 Payment 5 30 Days From Invoice Date 11/15/2023 No Payment $370,794.00 $370,794.00 Payment 6 30 Days From Invoice Date 11/15/2024 No Payment $370,794.00 $370,794.00 Payment 7*30 Days From Invoice Date 11/15/2025 No Payment $185,397.00 $185,397.00 Total All Payments: $2,094,366.50 *Payments two (2) and seven (7) are six month terms. Motorola Solutions PremierOne CAD and Records Cloud Payment Schedule Revised 06/18/20 Page 1136 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 7-40 PSA System Agreement Motorola Solutions Exhibit C Implementation and Technical Documents C-1 “Pricing Summary and Equipment List” dated ___________________ C-2 “System Description” dated ____________________ C-3 “Statement of Work” dated ________________ C-4 “Project Schedule” (to be mutually developed) C-5 “Training Plan” (to be mutually developed) Page 1137 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A Motorola Solutions Appendix A - PremierOne CAD File Build 8-1 SECTION 8 APPENDIX A - PREMIERONE CAD FILE BUILD Codefile Item Global Code Table NENA/APCO Standard Customer Provided List and Statute Management Article Type X NCIC City X NCIC Country List X NCIC Eye Color Description X NCIC Gender Description X NCIC Gun Make X NCIC Hair Color Description X NCIC Person Build X NCIC Person Race Description X NCIC Person Suffix X NCIC License Plate Type X NCIC Skin Tone X NCIC State List X NCIC Vehicle Color X NCIC Vehicle Make X NCIC Vehicle Model X NCIC Vehicle Style X NCIC Vehicle Type X Agency Type Standard Agency Name X Plans -Response/ Active Plans X Permissions Agency - Permissions X Roles - Permissions X Resources - Personnel Personnel X Resources - Device ID’s Devices/Workstation ID’s X Unit Recommendations - Agency Type Level Response IDs X Page 1138 of 1203 City of Boynton Beach, FL May 28, 2020 PremierOne CAD, Mobile, Records, & Records Mobile Solution 20-PS-103506 / FLP19P267A 8-2 Appendix A - PremierOne CAD File Build Motorola Solutions Codefile Item Global Code Table NENA/APCO Standard Customer Provided Incident Management Incident Types NENA Modifying Circumstances APCO Incident Status - Common NENA Incident Source Call Origination NENA Common Disposition Code NENA Person Role Standard Agency Role Standard Incident Response Factors APCO Coverage Groups X Premise Hazard Types Standard Premise Hazard Records X Jurisdiction Area/Beat/Sectors X Location X Station Names X Unit Recommendations Response Category X Resources Resource Attribute (Capability/Skill ) NENA Resource Type NENA Vehicle ID X Unit Recommendations Vehicle Relationship Type NENA Run Card X Unit Management Primary Unit Status - Common Standard Secondary Unit Status - Common Standard Unit ID - Optional X Unit Pre-Assignments X Status Monitors Standard Command Lines Standard Page 1139 of 1203 City of Boynton Beach, FL Proposal # 20-103506 Motorola Solutions PremierOne Cloud Fixed Cost Summary PremierOne Cloud Solution One-Time Fixed Total Costs: $500,000.00 Original Spillman Flex Contract:$925,000.00 Fixed Cost Summary (Includes financing credits from previous project) Original Spillman Flex Contract:$925,000.00 Less Motorola Solutions Credit:($677,934.00) Spillman Flex Contract Balance:$247,066.00 Original Down Payment: $350,000.00 Original Lease Payment: $156,669.50 TtlC hP t T Dt $506 669 50Total Cash Payments To Date:$506,669.50 Net Credit Due Boynton Beach:($259,603.50) Total Fixed Cost Balance to Be Paid: $240,396.50 06/16/2020 Page 1 of 1Page 1140 of 1203 City of Boynton Beach, FLProject # 20-103506Motorola Solutions PremierOne CAD and Records CloudPayment ScheduleMilestone Payment Due Approx. Date Fixed Costs Subscription Annual TotalContract SignatureN/A 7/7/2020 N/A N/A N/APayment SchedulegPayment 145 Days After Contract Signing8/30/2020 $240,396.50 No Payment $240,396.50Go-Live N/A 4/15/2021 N/A N/A N/APayment 2*30 Days After Go-Live 5/15/2021 No Payment $185,397.00 $185,397.00Pa ment 330 Days 11/15/2021No Pa ment$370 794 00$370 794 00Payment 3yFrom Invoice Date11/15/2021No Payment$370,794.00$370,794.00Payment 430 Days From Invoice Date11/15/2022 No Payment $370,794.00 $370,794.0030 DPayment 530 Days From Invoice Date11/15/2023 No Payment $370,794.00 $370,794.00Payment 630 Days From Invoice Date11/15/2024 No Payment $370,794.00 $370,794.00Payment 7*30 Days From Invoice Date11/15/2025 No Payment $185,397.00 $185,397.00Total All Payments: $2,094,366.50*Payments two (2) and seven (7) are six month terms. 06/17/20Page 1 of 1Page 1141 of 1203 12.A. L E GA L 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Quantum P ark Overly Dependent Distric t audit report. Explanation of R equest: At the request of C ommissioner J ustin Katz, the C ity Attorney will update the City C ommission regarding the options available for an audit of the QP OD D for the time period prior to the City C ommission taking over as Board Directors. How will this affect city programs or services? n/a Fiscal Impact: none Alternatives: none Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Letter Letter to the Florida Auditor General and the J oint Legislative Auditing Committee Page 1142 of 1203 Page 1143 of 1203 Page 1144 of 1203 Page 1145 of 1203 Page 1146 of 1203 Page 1147 of 1203 Page 1148 of 1203 Page 1149 of 1203 Page 1150 of 1203 Page 1151 of 1203 Page 1152 of 1203 Page 1153 of 1203 Page 1154 of 1203 Page 1155 of 1203 Page 1156 of 1203 Page 1157 of 1203 Page 1158 of 1203 Page 1159 of 1203 Page 1160 of 1203 Page 1161 of 1203 Page 1162 of 1203 Page 1163 of 1203 Page 1164 of 1203 Page 1165 of 1203 Page 1166 of 1203 Page 1167 of 1203 Page 1168 of 1203 Page 1169 of 1203 Page 1170 of 1203 Page 1171 of 1203 Page 1172 of 1203 Page 1173 of 1203 Page 1174 of 1203 Page 1175 of 1203 Page 1176 of 1203 Page 1177 of 1203 Page 1178 of 1203 Page 1179 of 1203 Page 1180 of 1203 Page 1181 of 1203 Page 1182 of 1203 Page 1183 of 1203 Page 1184 of 1203 Page 1185 of 1203 Page 1186 of 1203 Page 1187 of 1203 Page 1188 of 1203 Page 1189 of 1203 Page 1190 of 1203 Page 1191 of 1203 Page 1192 of 1203 12.B. L E GA L 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Proposed Or dinance No. 20-027 - First R eading - Approving amendments to the L A ND D E V E L OP ME NT RE GULATI ONS (C D RV 20-003), revising C hapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D, Use Matrix, Note #34, updating the Home Occupation provisions, in part, to allow one non-resident to assist with operating the home-based business. Explanation of R equest: I n response to a C ommission directive, staff has prepared the acc ompanying ordinanc e and proposed amendments to the Land Development Regulations that would allow a home-based business to be supported by one non-resident of the subject home. Home occ upations are regulated by the Code of Ordinances, Part I I I . Land Development Regulations, Chapter 3. Zoning, Article I V. Use Regulations, Section 3.D, Use Matrix, Note #34. Staff also took this opportunity to update the wording of Note #34 to: * Reflect c urrent terminology (omitting reference to a "license" in Section 3); * I mprove c larity through grammar and verbiage correc tions (Sections 3 and 4); and * I mprove acc uracy and internal c onsistenc y by reference to the City's truck regulations (Sec tion 8). Please see the ac companying exhibit for the above-desc ribed proposed amendments to Note #34 of the Zoning Matrix. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: The proposed amendment is intended to increase business and employment opportunities. Climate Action: N o Climate Action Discussion: N/A Page 1193 of 1203 Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance approving changes regarding Home- based business Attachment Proposed changes Page 1194 of 1203 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, NOTE #34 8 UPDATING THE HOME OCCUPATION PROVISIONS, IN 9 PART, TO ALLOW ONE NON-RESIDENT TO ASSIST WITH 10 OPERATING THE HOME-BASED BUSINESS; PROVIDING 11 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission has requested amendments to the Land 16 Development Regulations that would allow a home-based business to be supported by one 17 non-resident of the subject home; and 18 WHEREAS, staff has also updated the wording of Note #34 to reflect current 19 terminology; improve clarity through grammar and verbiage corrections; and improved 20 accuracy and internal consistency by reference of the City’s truck regulations; and 21 WHEREAS, this amendment is intended to increase business and employment 22 opportunities; and 23 WHEREAS, the City Commission of the City of Boynton Beach has considered the 24 recommendations and has determined that it is in the best interest of the citizens and residents 25 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 26 Regulations as contained herein. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing whereas clauses are true and correct and are now ratified 30 and confirmed by the City Commission. 31 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 32 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, Note #34 updating the Home 33 Page 1195 of 1203 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) - Ordinance.Docx Occupation provisions, in part, to allow one non-resident to assist with operating a home-34 based business is hereby amended as follows: 35 Note #34. Home Occupation. 36 37 Home occupations shall be permitted subject to these specific regulations designed for the 38 protection of residential neighborhoods, where all of the activity takes place within a 39 structure, and where the principal use is for residential purposes. In order for any home 40 occupation to be permitted or continue to be permitted, the following performance standards 41 shall be agreed to in writing by the applicant and be maintained for the duration of the 42 occupational license: 43 (1) Compatibility. The residential character and integrity of the neighborhood must 44 not be disturbed and the occupational activity at the home shall not be noticeable from off 45 the premises. 46 (2) Size. A home occupation shall only be conducted within twenty percent (20%) 47 of the living area of the dwelling including interior halls, closets and storage areas, but 48 excluding garages, screened porches, accessory buildings or any similar space not suited or 49 intended as living quarters. 50 (3) On-site Restrictions. The home occupation shall be conducted at the licensed 51 approved address only by residents of that dwelling unit and one non-resident, and shall only 52 be the type of occupation which that does not involve client/customer business visits to the 53 home, and is typified by business transactions conducted by telephone, mail, or off premises 54 of the licensed address. (The giving of individual instruction to one (1) person at a time, 55 such as an art or piano teacher, shall be deemed a home occupation). 56 (4) Performance Standards. No equipment or process shall be used in a home 57 occupation whichthat creates fumes, glare, noise, odors, vibration, or electrical interference 58 detectable to the normal senses off the lot, if the occupation is conducted in a single-family 59 residence, or outside the dwelling unit if conducted in other than a single-60 family residence. In the case of electrical interference, no equipment or process shall be 61 used which creates visual or audible interference in any radio or television receivers off the 62 premises. 63 (5) Traffic. No traffic shall be generated by a home occupation in greater volumes 64 than would normally be expected in a residential neighborhood, and any need for parking 65 generated by the conduct of a home occupation shall be met by off-street parking which 66 complies with Chapter 4, Article VI. 67 (6) Storage. All storage of materials or supplies used in the home occupation shall 68 be done within the living area of the dwelling unit, within the space limitations specified in 69 subsection 2 above and shall not be visible from adjacent residential units. Contractors, 70 tradespersons and the like shall not use their home garage or yard areas for storage of 71 materials and supplies used in business activities. 72 (7) Signage. No sign or display shall be visible other than a non-illuminated sign, 73 not exceeding two (2) square feet in area, placed on the exterior wall of the residence as 74 close as practical to the front entrance. 75 (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with 76 the requirements of Chapter 14 of Part II, Code of Ordinances and used principally for the 77 subject home occupation, not to exceed a one (1) ton chassis configuration, may be parked 78 in a residential zoning district. However, such vehicle must be used by a resident of the 79 premises, and no more than one (1) such truck shall be located on each plotthe premises. 80 Page 1196 of 1203 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-003)(Home-Based Business) - Ordinance.Docx (9) Miscellaneous. A home occupation shall be subject to all business tax 81 provisions defined in Part II of the City Code of Ordinances. 82 83 Section 3. Each and every other provision of the Land Development Regulations 84 not herein specifically amended, shall remain in full force and effect as originally adopted. 85 Section 4. All laws and ordinances applying to the City of Boynton Beach in 86 conflict with any provisions of this ordinance are hereby repealed. 87 Section 5. Should any section or provision of this Ordinance or any portion 88 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 89 affect the remainder of this Ordinance. 90 Section 6. Authority is hereby given to codify this Ordinance. 91 Section 7. This Ordinance shall become effective immediately. 92 FIRST READING this 7th day of July, 2020. 93 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 94 CITY OF BOYNTON BEACH, FLORIDA 95 YES NO 96 97 Mayor – Steven B. Grant _____ _____ 98 99 Vice Mayor – Ty Penserga _____ _____ 100 101 Commissioner – Justin Katz _____ _____ 102 103 Commissioner – Woodrow L. Hay _____ _____ 104 105 Commissioner – Christina L. Romelus _____ _____ 106 107 VOTE ______ 108 109 ATTEST: 110 111 112 _____________________________ 113 Crystal Gibson, MMC 114 City Clerk 115 116 117 (Corporate Seal) 118 Page 1197 of 1203 Code of Ordinances, Part III. Land Development Regulations, Chapter 3. Zoning, Article IV. Use Regulations, Section 3.D, Use Matrix, Note #34 34. Home Occupation. Home occupations shall be permitted subject to these specific regulations designed for the protection of residential neighborhoods, where all of the activity takes place within a structure, and where the principal use is for residential purposes. In order for any home occupation to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupational license: (1) Compatibility. The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent (20%) of the living area of the dwelling including interior halls, closets and storage areas, but excluding garages, screened porches, accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the licensed approved address only by residents of that dwelling unit and one non-resident, and shall only be the type of occupation which that does not involve client/customer business visits to the home, and is typified by business transactions conducted by telephone, mail, or off premises of the licensed address. (The giving of individual instruction to one (1) person at a time, such as an art or piano teacher, shall be deemed a home occupation). (4) Performance Standards. No equipment or process shall be used in a home occupation whichthat creates fumes, glare, noise, odors, vibration, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4, Article VI. (6) Storage. All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit, within the space limitations specified in subsection 2 above and shall not be visible from adjacent residential units. Contractors, tradespersons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. Page 1198 of 1203 (7) Signage. No sign or display shall be visible other than a non-illuminated sign, not exceeding two (2) square feet in area, placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the requirements of Chapter 14 of Part II, Code of Ordinances and used principally for the subject home occupation, not to exceed a one (1) ton chassis configuration, may be parked in a residential zoning district. However, such vehicle must be used by a resident of the premises, and no more than one (1) such truck shall be located on each plotthe premises. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part II of the City Code of Ordinances. Page 1199 of 1203 13.A. F UTURE A GE ND A I TE MS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Provide update on potential sale of the Nic hol's property to Pulte Homes - July 21, 2020 Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 1200 of 1203 13.B. F UTURE A GE ND A I TE MS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Presentation of updated Use of Forc e Policy by Polic e Chief Mic hael Gregory - July 21, 2020 Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 1201 of 1203 13.C. F UTURE A GE ND A I TE MS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Approval of the Master Plan Modification for the Boy nton Beach Mall - T B D Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 1202 of 1203 13.D. F UTURE A GE ND A I TE MS 7/7/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/7/2020 Requested Action by Commission: Mayor Grant has requested a discussion on Lake Park's Acc essory Dwelling Unit Ordinance - T B D Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 1203 of 1203