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Agenda 02-03-26The City of Boynton Beach City Commission Agenda Tuesday, February 3, 2026, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. 2 1.Openings The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.City Announcements. 4.Public Audience 5.Administrative A.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R26-012- Approving an Application to permit the Boynton Beach Police Department to temporarily move its radio system and electronics into Roll Call. Invocation by Reverend Amalie Ash, First Presbyterian Boynton. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Magic Wheels and Special Deals - Thursday, February 5 th at 5:00 PM, at Ezell Hester Community Center Barrier Free 5K event takes place Saturday, February 7 th at 7:30 AM, at Barrier Free Park Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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). Approve Community Support Fund requests: Mayor Shelton: Boynton Beach Garden Club- $500 Vice Mayor Hay: Girl Scouts of Southeast Florida- $500 Pathways to Prosperity Mental Health Program Services- $500 Pathways to Prosperity- $500 Commissioner Cruz: Young in Faith- $1000 4 the county shelter at the Public Safety Tower Site. B.Proposed Resolution No. R26-013- Approve Amendment No. 1 to the Letter of Agreement and Contract for Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM). C.Proposed Resolution No. R26-014- Approve Appropriation Agreement No. L0148 between the Florida Department of Environmental Protection and the City of Boynton Beach in the amount of $500,000 for the Boynton Beach Sanitary Sewer Collection System Improvement Project, and authorizing the Mayor to execute all associated documents. D.Proposed Resolution No. R26-015- Approve calling for a General City Election to be held on Tuesday, March 10, 2026, for the purpose of voting on three Referendum questions. E.Proposed Resolution No. R26-016- Approving the 2026 Municipal Election(s) Vote Processing Equipment Use and Elections Services Agreement between the City and Palm Beach County Supervisor of Elections Office. F.Proposed Resolution No. R26-017- Designating The Palm County Supervisor of Elections as The City's Canvassing Board for the March 2026 Municipal Election. G.Proposed Resolution No. R26-018- Approving the Pulte Cottage District Developer's Agreement to share the cost of milling and resurfacing the full width of roadways abutting the proposed development. H.Proposed Resolution No. R26-019- Approve Appropriation Agreement No. L0149 between the Florida Department of Environmental Protection and the City of Boynton Beach in the amount of $375,000 for the Boynton Beach Water Distribution System Improvement Project, and authorize the Mayor to execute all related documents. I.Proposed Resolution No. R26-020- Approve and authorize the Mayor to sign the 2025 Tree City USA Designation application to the Arbor Day Foundation. 7.Consent Bids and Purchases Staff recommends approval of Proposed Resolution No. R26-012. Staff recommends approval of Proposed Resolution No. R26-013. Staff recommends approval of Proposed Resolution No. R26-014. Staff recommends approval of Proposed Resolution No. R26-015. Staff recommends approval of Proposed Resolution No. R26-016. Staff recommends approval of Proposed Resolution No. R26-017. Staff recommends approval of Proposed Resolution No. R26-018. Staff recommends approval of Proposed Resolution No. R26-019. Staff recommends approval of Proposed Resolution No. R26-020. 5 A.Proposed Resolution No. R26-021- Approving a renewal agreement and annual service and expenditure with Motorola, Inc. for the continued maintenance and repair of the City's P25 radio telecommunications systems as a sole-source vendor with an expenditure not to exceed $200,000 annually for the next five years. B.Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for February 3, 2026 - Amendment Request for Bid Extensions and/or Piggybacks. 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. A.Proposed Ordinance No. 26-002- Second Reading. An Ordinance of the City of Boynton Beach, Florida, amending the Future Land Use Map for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, by changing the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC); providing that the remaining approximately 0.61-acre portion of the property shall retain its Special High Density Residential (SHDR) future land use designation; declaring the amendment to be consistent with all other elements of the Comprehensive Plan of the City of Boynton Beach; providing for severability, conflicts, and providing for an effective date. B.Proposed Ordinance No. 26-003- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Official Zoning Map of the City of Boynton Beach, Florida, for the northern approximately 0.72-acre portion of a 1.34-acre unified property generally located at 3047 N. Federal Highway, by changing the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial); providing that the remaining approximately 0.61-acre portion of the property shall retain its IPUD zoning designation; providing for severability, conflicts, and providing for an effective date. C.Proposed New Major Site Plan (NWSP-2025.05.3470) for a new 4,733-square-foot structure for Josie's Restaurant at 3047 N Federal Highway, subject to the approval of the companion Future Land Use Map Amendment and Rezoning Requests. This item was tabled at the January 20, 2026, City Commission Meeting. 9.City Manager’s Report 10.Regular Agenda Staff recommends approval of Proposed Resolution No. R26-021. Staff recommends approval of this annual expenditure. Staff recommends approval of Proposed Ordinance No. 26-002, at second reading. Staff recommends approval of proposed Ordinance No. 26-003, at second reading. Staff recommends approval of the Major Site Plan (NWSP-2025.05.3470). 6 A.Discussion on a Proposed E-Bike Ordinance. B.Proposed Resolution No. 26-022 Approving an Agreement for School Zone Speed Photo Enforcement Services between the City and American Traffic Solutions, Inc. d/b/a Verra Mobility, and Waiving the City's Procurement Procedures. 11.Future Agenda Items A.Quarterly joint City/CRA coordination meeting - April 14, 2026, prior to the regular CRA Meeting. B.Discussion regarding combining City properties together to create senior affordable housing.- TBD. C.Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD D.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD E.Discussion regarding creating a beautification board. - TBD F.Discussion in regards to an additional area that might be available as a future cemetery.- TBD G.Discussion on utility lift station upgrades and odor control - TBD H.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD I.Discussion regarding a Task Force regarding Building and Code. J.Discussion regarding property taxes, at a macro level.-TBD K.Discussion regarding Little Free Libraries and Little Free Pantries on private p r o p e r ty.- This item was tabled at the January 20, 2026 City Commission Meeting. - TBD Review and discuss the proposed E-Bike Ordinance for approval and/or modification. Staff recommends approval of Proposed Resolution No. R26-022. Requested by City Commission and CRA Board. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Requested by Commissioner Cruz. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Requested by Commissioner Turkin. Requested by Commissioner Turkin. 7 12.Adjournment Discussion and seek City Commission direction regarding Little Free Libraries and Little Free Pantries on private property. Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 02/ 3/2026 Meeting Date: 02/ 3/2026 City Announcements. Requested Action: Magic Wheels and Special Deals - Thursday, February 5 th at 5:00 PM, at Ezell Hester Community Center Barrier Free 5K event takes place Saturday, February 7 th at 7:30 AM, at Barrier Free Park Explanation of Request: City staff will present each of their events. Budgeted Item: Yes Account Line Item and Description: Each item has different account line items. Fiscal Impact: These are budgeted events. 9 City of Boynton Beach Agenda Item Request Form 5.A Administrative 02/ 3/2026 Meeting Date: 02/ 3/2026 Community Support Funds. Requested Action: Approve Community Support Fund requests: Mayor Shelton: Boynton Beach Garden Club- $500 Vice Mayor Hay: Girl Scouts of Southeast Florida- $500 Pathways to Prosperity Mental Health Program Services- $500 Pathways to Prosperity- $500 Commissioner Cruz: Young in Faith- $1000 How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: Community Support Funds: 001-1110-511-83-05- Mayor Shelton 001-1110-511-83-02- Vice Mayor Hay 001-1110-511-83-01- Commissioner Cruz Fiscal Impact: This is a budgeted line item. Attachments: Boynton Beach Garden Club.doc Girl Scouts of Southeast Florida.doc Pathways to Prosperity Mental Health Services.doc Pathways to Prosperity.doc Young In Faith, LLC-Santaluces Community High School- Guery UIlysse.doc 10 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: February 3, 2026 Requested by Mayor/Commissioner: Mayor Shelton _________ Amount Requested: $500_________ ____________ Recipient/Payee: Boynton Beach Garden Club Description of project, program, or activity to be funded: Our goals are to expand the knowledge of gardening, cultivate an appreciation of floral arts and realize beautification efforts in our community that impact our state and nation. We study, support and practice wise conservation measures, fight against pollution and help protect our sensitive ecology in South Florida. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $6,000. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 11 R15-055 R22-140 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 01/26/2026 Requested by Mayor/Commissioner: Vice Mayor Hay Amount Requested: $500 ________________ Recipient/Payee: Girl Scouts of Southeast Florida Description of project, program, or activity to be funded: _________________________ __________________________________________________ ___________________ _ _______ ___________________________________________________ __________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $3,000. The balance of funds available for the requesting Member of the Commission is $1500. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated: _____________ By: ________________________________ Requesting Member of the City Commission 12 R15-055 R22-140 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 01/26/26 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $500 _ ______________ ___ Recipient/Payee: Pathways 2 Prosperity Description of project, program, or activity to be funded: Mental Health Services Program ______________________________________________________________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $3,000. The balance of funds available for the requesting Member of the Commission is $1,000. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesus, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 13 R15-055 R22-140 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 01/26/26 Requested by Mayor/Commissioner: Commissioner Hay Amount Requested: $500 _ ______________ ___ Recipient/Payee: Pathways 2 Prosperity Description of project, program, or activity to be funded: ______________________________________________________________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $3,000. The balance of funds available for the requesting Member of the Commission is $500. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesus, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 14 R15-055 R22-140 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@581565F0\@BCL@581565F0.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: February 3, 2026 Requested by Mayor/Commissioner: Commissioner Cruz______ _ _ Amount Requested: $1,000 ___ ____ ___ __ Recipient/Payee: Young in Faith, LLC Description of project, program, or activity to be funded: helps lead Young in Faith and its efforts in high schools in Boynton Beach to bring encouraging clubs and lunch discussions all year long that help students feel supported in making good decisions with their life even if they are surrounded with peer pressure to make bad decisions_____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $3,000. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 15 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-012- Approving an Application to permit the Boynton Beach Police Department to temporarily move its radio system and electronics into the county shelter at the Public Safety Tower Site. Requested Action: Staff recommends approval of Proposed Resolution No. R26-012. Explanation of Request: This is an application to permit the Police Department to temporarily move its radio system and electronics into the county shelter at the tower site. This is necessary in order to replace the enclosure, which is part of a grant. This is a temporary move that will be necessary for four to six months. How will this affect city programs or services? There will be a short period of time where radio will be transferred to the county channels. The engineers estimate this will be six to eight hours. Account Line Item and Description: N/A Fiscal Impact: None Attachments: R26-012 Agenda_Item_4155- 2026_Resolution_to_approve_Application_for_License_to_Use_County- Owned_Property.docx Exhibit A to Resolution - Application form Radio1.pdf 16 RESOLUTION NO. R26-012 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AN APPLICATION TO PERMIT THE 3 BOYNTON BEACH POLICE DEPARTMENT TO TEMPORARILY MOVE ITS 4 RADIO SYSTEM AND ELECTRONICS INTO THE COUNTY SHELTER AT 5 THE PUBLIC SAFETY TOWER SITE; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Boynton Beach Police Department (“BBPD”) requires the temporary 8 movement of the Department’s radio system and electronics in order to replace BBPD’s enclosure 9 for approximately four to six months; and 10 WHEREAS, BBPD estimates there will be a short period of time where radio will be 11 transferred to County radio channels, estimated to be six to eight hours; and 12 WHEREAS, the City Commission finds that it is in the best interest of the City to approve 13 the execution of the Application for License to Use County-Owned Property in order to facilitate 14 the temporary use of County-owned property for BBPD’s radio and electronics equipment. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 17 BEACH, FLORIDA, THAT: 18 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 21 authorize the Mayor or City Manager to execute the Application for License to Use County-Owned 22 Property, as further detailed in “Exhibit A.” 23 SECTION 3. The fully executed Application shall be retained by the City Clerk as a public 24 record of the City, and a copy shall be provided to Karl Maracotta to forward to the County 25 Facilities Development & Operations Department. 26 SECTION 4. This Resolution shall take effect in accordance with the law. 27 28 [SIGNATURES ON THE FOLLOWING PAGE] 29 17 RESOLUTION NO. R26-012 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 Mayor – Rebecca Shelton _____ _____ 33 34 Vice Mayor – Woodrow L. Hay _____ _____ 35 36 Commissioner – Angela Cruz _____ _____ 37 38 Commissioner – Thomas Turkin _____ _____ 39 40 Commissioner – Aimee Kelley _____ _____ 41 42 VOTE ______ 43 ATTEST: 44 45 _____________________________ ______________________________ 46 Maylee De Jesús, MPA, MMC Rebecca Shelton 47 City Clerk Mayor 48 49 APPROVED AS TO FORM: 50 (Corporate Seal) 51 52 _______________________________ 53 Shawna G. Lamb 54 City Attorney 55 18 Page 1 of 3 APPLICATION FOR LICENSE TO USE COUNTY-OWNED PROPERTY This application may be used to apply for a License to use County owned property. The application must be submitted at least twenty (20) days prior to the proposed date of the requested use. Please send the completed application to: Facilities Development & Operations Department (FDO) PBCFacilityUsePermit@pbcgov.org 2633 Vista Parkway West Palm Beach, FL 33411-5603 ATTN: Director Telephone: 561-233-0220 / Fax: 561-233-0206 Upon approval of the application by FDO, the property will be reserved and the user will be informed of any Special Conditions of Use, and fees for the Use as defined herein. Any fees are due prior to the Use. 1. USER/APPLICANT Name of Applicant : Name of Organization/Licensee: Address: City: State: Zip: Phone: ( ) – Email: Name of the Authorized Representative : , Type of Entity: Public Agency Non-Profit Other (Specify) 2. REQUESTED PROPERTY Name of Property: (Please include room or area requested) Address: City: State: Zip: 3. NATURE OF USE: (Please check one) Training Educational Recreational Meeting Non-profit Event Other 19 Page 2 of 3 Does Use include the sale of Goods and/or Services? Yes No Will User charge an Admission Fee and/or Participation Fee? Yes No Amount to be charged for Admission Fee and/or Participation Fee: Detailed description of the nature and purpose of use (attach additional sheets as necessary): 4. FOOD AND BEVERAGE Use includes food and/or beverage? Yes No Use includes the sale, use or consumption of alcohol? Yes No Note: A custodial fee may be imposed if the Use involves food and/or beverages. 5. DATE AND TIME OF USE Date(s) of Use: Time(s) of Use: ___ : ___ AM/PM - ___ : ___ AM/PM 6. EQUIPMENT Amount of Equipment Requested: Tables Chairs All equipment contained or used within the Facility is subject to approval by the Department. 7. ADDITIONAL USERS Organization(s)/individual(s) participating in use, if other than Applicant (attach additional pages to list more organization(s)/individual(s)): Name: Address: City: State: Zip: Phone: ( ) – Email: Contact Person: , Type of Entity: Public Agency Non-Profit Other (Specify) 8. VENDORS List all vendors of the Event: 20 Page 3 of 3 9. ADVERTISING Will the event be advertised to the Public? Yes No If yes, by what means?: Radio TV Other TO BE PROVIDED BY FDO (After evaluation of the Application): 1. FEES AND ADDITIONAL CHARGES License Fees $ Custodial Fees $ Service Costs $ Other Costs $ 2. Special Conditions of Use: See attached Exhibit A-1 By signing below, I certify that I have the authority to represent and obligate the Licensee and I agree on behalf of the Licensee to comply with the terms of this Application. Date: Signature of Authorized Representative Printed Name and Title of Authorized Representative APPROVED BY: Date: Director, Facilities Development & Operations Department OTHER DEPARTMENTAL REVIEW (If necessary): Date: Signature of Director of Department 21 EXHIBIT “A-1” Special Conditions of Use re Standard License Agreement For Comme rcial Activity 22 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-013- Approve Amendment No. 1 to the Letter of Agreement and Contract for Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM). Requested Action: Staff recommends approval of Proposed Resolution No. R26-013. Explanation of Request: The Florida Department of Transportation (FDOT), through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM), Project # 433144-1-8404, Contract # G3E95, utilizes law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. The Boynton Beach Police Department (BBPD) was previously allocated $5,389.98 toward overtime to support these efforts. FDOT and IPTM approved an additional $10,000 towards enforcement efforts. Approval of this amendment will allow BBPD to conduct education and enforcement operations in areas specified as high-frequency crash fatality locations for pedestrians and bicyclists. The agreement utilizes the University of North Florida's contract template, which requires the City to indemnify FDOT and the University of North Florida for acts of its employees. The original agreement totaled $5,389.98. FDOT and IPTM approved an additional $10,000, increasing the total agreement amount to $15,389.98. This amendment will provide additional funding to support ongoing bicycle and pedestrian safety initiatives. How will this affect city programs or services? With growth and expansion, there comes a need to further enhance our efforts to reduce traffic crashes, fatalities, and injuries related to pedestrians and bicyclists through education and enforcement. Pedestrians and bicyclists are more vulnerable than all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any type of traffic crashes. Account Line Item and Description: Overtime Only 23 Fiscal Impact: There's no fiscal impact on the budget for approving this item; as an alternative, the Police Department would need to rely on the general fund operating budget to support these enhanced public safety activities. Attachments: R26-013 Agenda_Item_4183-2026_- _Resolution_approving_Amendment_No._1_to_Letter_of_Agreement_and_Contract_for_Bicycle_and_Pedestrian_Focused_Init._with_FDOT.docx 24 RESOLUTION NO. R26-013 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO 3 LETTER OF AGREEMENT AND CONTRACT FOR BICYCLE AND 4 PEDESTRIAN FOCUSED INITIATIVE WITH THE FLORIDA DEPARTMENT 5 OF TRANSPORTATION THROUGH A GRANT WITH THE UNIVERSITY 6 OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., 7 D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT; 8 AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the Florida Department of Transportation (“FDOT”), through a grant with the 11 University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police 12 Technology and Management (“IPTM”), Project # 433144-1-8404, Contract # G3E95, uses law 13 enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority 14 counties in Florida; and 15 WHEREAS, on August 5, 2025, the City Commission approved Resolution No. R25-199 16 approving the Letter of Agreement and Contract with the University of North Florida Training 17 and Services Institute, Inc., d/b/a Institute of Police Technology and Management for Pedestrian 18 and Bicycle Safety High Visibility Enforcement and Support Program in the amount of $5,389.98; 19 and 20 WHEREAS, FDOT and IPTM seek to amend the Letter of Agreement and Contract as they 21 have approved an additional $10,000 towards enforcement efforts, for a total amount of 22 $15,389.98; and 23 WHEREAS, approval of the amendment will allow BBPD to conduct education and 24 enforcement operations in areas specified as high-frequency crash fatality locations for 25 pedestrians and bicyclists; and 26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 27 the best interests of the citizens and residents of the City of Boynton Beach to approve 28 Amendment No. 1 to the Letter of Agreement and Contract. 29 30 31 32 25 RESOLUTION NO. R26-013 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption 36 hereof. 37 SECTION 2. The City Commission hereby approves the Amendment No. 1 to the Letter 38 of Agreement and Contract, to reduce traffic crashes resulting in serious and fatal injuries to 39 pedestrians and bicyclists using high visibility education and enforcement details by increasing 40 the total agreement amount to $15,389.98, in form and substance similar to that attached as 41 “Exhibit A” and authorizes the Mayor to execute the Amendment. 42 SECTION 3. The Mayor-executed Amendment shall be forwarded to Jaclyn Smith to 43 obtain full execution of the Amendment. Jaclyn Smith shall be responsible for ensuring that one 44 fully executed Amendment is returned to the City, to be provided to the Office of the City 45 Attorney for forwarding to the City Clerk for retention as a public record. 46 SECTION 4. This Resolution shall take effect as provided by law. 47 [SIGNATURES ON THE FOLLOWING PAGE] 48 49 50 26 RESOLUTION NO. R26-013 PASSED AND ADOPTED this ______ day of __________________ 2026. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 54 Mayor – Rebecca Shelton _____ _____ 55 56 Vice Mayor – Woodrow L. Hay _____ _____ 57 58 Commissioner – Angela Cruz _____ _____ 59 60 Commissioner – Aimee Kelley _____ _____ 61 62 Commissioner – Thomas Turkin _____ _____ 63 64 VOTE ______ 65 ATTEST: 66 67 68 _____________________________ ______________________________ 69 Maylee De Jesús, MPA, MMC Rebecca Shelton 70 City Clerk Mayor 71 72 APPROVED AS TO FORM: 73 74 (Corporate Seal) 75 _______________________________ 76 Shawna G. Lamb 77 City Attorney 78 27 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-014- Approve Appropriation Agreement No. L0148 between the Florida Department of Environmental Protection and the City of Boynton Beach in the amount of $500,000 for the Boynton Beach Sanitary Sewer Collection System Improvement Project, and authorizing the Mayor to execute all associated documents. Requested Action: Staff recommends approval of Proposed Resolution No. R26-014. Explanation of Request: The Boynton Beach Sanitary Sewer Collection System Improvement Project addresses aging clay sewer pipes within the City of Boynton Beach utility service area that have exceeded their useful life. Pipe defects and failures result in sewer blockages, potential sewer overflows, and infiltration and inflow (I&I). To address these issues, the project will install Cured-in-Place Pipe (CIPP) lining to identified segments of the existing sewer main. These improvements to the sewer main pipes aim to enhance the system's reliability, protect public health, and prevent excessive I&I flows into the city’s collection system or contaminated runoff into surrounding aquatic habitats. This implementation will extend the lifespan of critical sewer infrastructure, thereby minimizing the risk of system failures, infiltration, and inflow issues, and the need for expensive emergency repairs. The project was approved through the State of Florida appropriation process for FY2025- 2026. The Florida Department of Environmental Protection awarded $500,000 in funding to support the implementation of this project. How will this affect city programs or services? The funding will improve the reliability and efficiency of the Utility sewer system and will contribute to long-term public health protection and economic stability in the region. Account Line Item and Description: N/A Fiscal Impact: 28 The Florida Department of Environmental Protection offered $500,000 to fund the project. Attachments: R26-014 Agenda_Item_4190-2026_Resolution_for_FDEP_Grant_Agmt_L0148.docx Exhibit A to Resolution - L0148 Agreement.pdf 29 RESOLUTION NO. R26-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AGREEMENT NO. L0148 BETWEEN THE 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE 3 CITY OF BOYNTON BEACH IN THE AMOUNT OF $500,000 FOR THE 4 BOYNTON BEACH SANITARY SEWER COLLECTION SYSTEM 5 IMPROVEMENT PROJECT; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Boynton Beach Sanitary Sewer Collection System Improvement Project 8 addresses aging clay sewer pipes within the City of Boynton Beach utility service area that have 9 exceeded their useful life. Pipe defects and failures result in sewer blockages, potential sewer 10 overflows, and infiltration and inflow (I&I). To address these issues, the project will install Cured-11 in-Place Pipe (CIPP) lining to identified segments of the existing sewer main. These improvements 12 to the sewer main pipes aim to enhance the system's reliability, protect public health, and prevent 13 excessive I&I flows into the city’s collection system or contaminated runoff into surrounding 14 aquatic habitats. This implementation will extend the lifespan of critical sewer infrastructure, 15 thereby minimizing the risk of system failures, infiltration, and inflow issues, as well as the need 16 for expensive emergency repairs; and 17 WHEREAS, the project was approved through the State of Florida appropriation process 18 for FY2025-2026. The Florida Department of Environmental Protection awarded $500,000 in 19 funding to support the implementation of this project; and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to approve Agreement No. L0148 between the 22 Florida Department of Environmental Protection and the City of Boynton Beach in the amount of 23 $500,000 for the Boynton Beach Sanitary Sewer Collection System Improvement Project. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve Agreement No. L0148 between the Florida Department of Environmental Protection and 31 30 RESOLUTION NO. R26-014 the City of Boynton Beach in the amount of $500,000 for the Boynton Beach Sanitary Sewer 32 Collection System Improvement Project (the “Agreement”), in form and substance similar to that 33 attached as Exhibit A. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 36 ancillary documents required under the Agreement or necessary to accomplish the purposes of 37 the Agreement, including any term extensions as provided in the Agreement, provided such 38 documents do not modify the financial terms or material terms. 39 SECTION 4. The Mayor-executed Agreement shall be forwarded to Mirna Crompton to 40 obtain execution of the Agreement by FDEP. Mirna Crompton shall be responsible for ensuring 41 that one fully executed Agreement is returned to the City, to be provided to the Office of the City 42 Attorney for forwarding to the City Clerk for retention as a public record. 43 SECTION 5. This Resolution shall take effect in accordance with the law. 44 [SIGNATURES ON THE FOLLOWING PAGE] 45 46 31 RESOLUTION NO. R26-014 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 Mayor – Rebecca Shelton _____ _____ 50 51 Vice Mayor – Woodrow L. Hay _____ _____ 52 53 Commissioner – Angela Cruz _____ _____ 54 55 Commissioner – Thomas Turkin _____ _____ 56 57 Commissioner – Aimee Kelley _____ _____ 58 59 VOTE ______ 60 ATTEST: 61 62 _____________________________ ______________________________ 63 Maylee De Jesús, MPA, MMC Rebecca Shelton 64 City Clerk Mayor 65 66 APPROVED AS TO FORM: 67 (Corporate Seal) 68 69 _______________________________ 70 Shawna G. Lamb 71 City Attorney 72 32 DEP Agreement No. Rev. 6/14/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Entity Type: Grantee Address: FEID: (Grantee) 3. Agreement Begin Date: Date of Expiration: 4. Project Number: (If different from Agreement Number) Project Location(s): Project Description: 5. Total Amount of Funding: Funding Source? Award #s or Line-Item Appropriations: Amount per Source(s): State Federal $ State Federal $ State Federal $ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 6. Department’s Grant Manager Grantee’s Grant Manager Name: Name: or successor or successor Address: Address: Phone: Phone: Email: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Attachment 2: Special Terms and Conditions Attachment 3: Grant Work Plan Attachment 4: Public Records Requirements Attachment 5: Special Audit Requirements Attachment 6: Program-Specific Requirements Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with section 215.985, F.S. Attachment 8: Federal Regulations and Terms (Federal) Additional Attachments (if necessary): Exhibit A: Progress Report Form Exhibit B: Property Reporting Form Exhibit C: Payment Request Summary Form Exhibit D: Quality Assurance Requirements Exhibit E: Advance Payment Terms and Interest Earned Memo Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State) Boynton Beach Sanitary Sewer Collection System Improvement Project L0148 July 1, 2025 June 30, 2029 $ 500,000.00 City of Boynton Beach 100 E. Ocean Ave, Boynton Beach, FL 33435 Lat/Long: (26.5292, -80.0648) The Grantee will install Cured-in-Place Pipe lining to existing sanitary sewer main to enhance the overall reliability and resiliency of the system. 500,000.00 33 DEP Agreement No. Rev. 6/14/24 ☐ Exhibit H: Non-Profit Organization Compensation Form (State) ☐ Exhibit I: Forced Labor Attestation Form ☐ Additional Exhibits (if necessary): 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): Unique Entity Identifier (UEI): Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ☐ Yes ☐N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ☐ Additional signatures attached on separate page. 34 DWRA Additional Signatures ______________________________________________ Olivia Atkins, DEP Grant Manager _______________________________________________ Katie Verdesca, DEP QC Reviewer 35 Attachment 1 1 of 14 Rev. 7/2/2025 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and /or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions includ ed on Grantee’s forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties’ records. A change of Grant Manager does not require a formal amendme nt or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee’s match requirements; (3) a change in the expiration date of the Agreement; (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department; and/or (5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below when a change order may be used. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the 36 Attachment 1 2 of 14 Rev. 7/2/2025 execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subrecipients shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its optio n, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department’s Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department’s termination of this Agreement for cause as authorized in this Agreement. 37 Attachment 1 3 of 14 Rev. 7/2/2025 ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement . In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department’s Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be dir ected to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Grantee meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Grantee must provide the Department with documentation that indicates the amount of state funds: 38 Attachment 1 4 of 14 Rev. 7/2/2025 i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer . The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State’s the contract tracking system and maintained pursuant to s ection 215.985, F.S., and must be posted on the Grantee’s website, if Grantee maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any a ssociated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual/Subaward Costs (Subcontractors/Subrecipients). Match or reimbursement requests for payments to subcontractors/subrecipients must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts/subawards which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor /subrecipient exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract /subaward is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I -72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. For grants funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract/subaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts /subawards that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts/subaward issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors/subrecipients. 39 Attachment 1 5 of 14 Rev. 7/2/2025 i. For fixed-price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts/subawards to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-price subcontracted/subawarded activities shall be supported with a copy of the subcontractor/subrecipient’s invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract/subaward. The Grantee may request approval from Department to award a fixed-price subcontract/subaward resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department’s Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor/subrecipient. Upon receipt of Department Grant Manager’s approval of the fixed - price amount, Grantee may proceed in finalizing the fixed-price subcontract/subaward. ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section 287.055, F.S., or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific approval of Department and does not include any equipment purchased under the delivery of services to be completed by a subcontractor/subrecipient. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor /subrecipient, Department shall not reimburse any of the following types of charges: cell phone usage ; attorney’s fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports , Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. 40 Attachment 1 6 of 14 Rev. 7/2/2025 b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department’s notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Subrecipients and/or Subcontractors. The Grantee shall require its subrecipients and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its subrecipients and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Subrecipients and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights an d remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been paid for but not rendered. 41 Attachment 1 7 of 14 Rev. 7/2/2025 e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non - exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding ; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligation s under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it i s in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts 42 Attachment 1 8 of 14 Rev. 7/2/2025 of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee’s control, or for any of the foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within te n days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to b elieve that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Dep artment may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchase may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, and subcontractors/subrecipients and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, and subcontractors/subrecipients; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at Grantee’s sole expense. The Grantee shall not be liable f or any cost, expense, or compromise incurred or made by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, n othing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to 43 Attachment 1 9 of 14 Rev. 7/2/2025 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts /Subawards. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor /subrecipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts/subawards with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, pro posal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts/subawards issued as a result of this Agreement. b. The Grantee, its subrecipients, subcontractors and agents must also comply with the following civil rights laws and regulations:  i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted programs on the basis of race, color, or national origin in the delivery of services or benefits); 44 Attachment 1 10 of 14 Rev. 7/2/2025 ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water Pollution Control Act as amended);  iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs on the basis of disability, both in employment and in the delivery of services and benefits);  iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis of age in the delivery of services or benefits);  v. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973); vi. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092 , F.S.), including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status). c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicabl e law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a “project funded by President Biden’s Bipartisan Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. 45 Attachment 1 11 of 14 Rev. 7/2/2025 The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted or subawarded, Grantee shall similarly require each subcontractor/subrecipient to maintain and allow access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subrecipients and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its subrecipients and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: 46 Attachment 1 12 of 14 Rev. 7/2/2025 i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.33 1 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support o f its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Gr antee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be char ged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting/Subawards. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. 47 Attachment 1 13 of 14 Rev. 7/2/2025 b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor /subrecipient, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee employee, subcontractor/subrecipient, or agent. d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract/subaward. The Department shall not be liable to any subcontractor /subrecipient for any expenses or liabilities incurred under any subcontract/subaward, and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract/subaward. e. The Department will not deny Grantee’s employees, subcontractors /subrecipients, or agents access to meetings within the Department’s facilities, unless the basis of Department’s denial is safety or security considerations. f. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Development at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor/subrecipient at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s)/subrecipient(s), and without the fault or negligence of either, unless the subcontracted/subawarded products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract/subaward, Grantee will specifically disclose that this Agreement does not create any third-party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee’s Employees, Subcontractors/Subrecipients and Agents. All Grantee employees, subcontractors/subrecipients, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All emplo yees, subcontractors/subrecipients, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for 48 Attachment 1 14 of 14 Rev. 7/2/2025 the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern , as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors/subrecipients shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a “public works project” as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be “produced in the United States,” as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor’s minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the “cost” of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (except ing transmission and distribution poles) are not considered to be iron or steel products and are , therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state’s obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective pa rty to the Agreement. 49 Attachment 2 1 of 3 Rev. 9/08/25 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. L0148 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Boynton Beach Sanitary Sewer Collection System Improvement Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ☐ ☐ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ☐ ☐ a. Fringe Benefits, N/A. ☐ ☐ b. Indirect Costs, N/A. ☒ ☐ Contractual/Subaward (Subcontractors/Subrecipients) ☐ ☐ Travel, in accordance with Section 112, F.S. ☐ ☐ Equipment ☐ ☐ Rental/Lease of Equipment ☐ ☐ Miscellaneous/Other Expenses ☐ ☐ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy 50 Attachment 2 2 of 3 Rev. 9/08/25 maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers’ Compensation and Employer’s Liability Coverage. The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting/Subawards. The Grantee may subcontract/subaward work under this Agreement without the prior written consent of the Department’s Grant Manager except for certain fixed-price subcontracts/subawards pursuant to this Agreement, which require prior approval. Regardless of any subcontract/subaward, the Grantee is ultimately responsible for all work to be performed under this Agreement. Upon request by the Department’s Grant Manager, the Grantee will submit a copy of the executed subcontract. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor’s Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee’s project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs@floridaDEP.gov. 14. Common Carrier. a. Applicable to contracts/subawards with a common carrier – firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor/Subrecipient must also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subrecipient is a 51 Attachment 2 3 of 3 Rev. 9/08/25 common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this Agreement immediately if Contractor/Subrecipient is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. 52 DEP Agreement No. L0148, Attachment 3, Page 1 of 1 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Boynton Beach Sanitary Sewer Collection System Improvement Project PROJECT LOCATION: The Project will be located in the City of Boynton Beach within Palm Beach County; Lat/Long (26.5292, -80.0648). PROJECT BACKGROUND: Existing clay sewer pipes in the City of Boynton Beach (Grantee) have exceeded their useful life. Pipe defects and pipe failure are resulting in sewer blockages and potential sewer overflows, and Infiltration and Inflow (I&I). To address these issues, the Grantee will install Cured-in-Place Pipe (CIPP) lining to identified segments of the existing sewer main. These improvements to the sewer main pipes aim to enhance the reliability of the system, protect public health, and prevent excessive I&I water flows into the city’s collection system or contaminated run-off into surrounding aquatic habitats. PROJECT DESCRIPTION: The Grantee will install CIPP lining to existing sanitary sewer main to address areas of known deterioration and I&I, enhancing the overall reliability and resiliency of the system. TASKS: All documentation should be submitted electronically unless otherwise indicated and should be submitted prior to the expiration of the grant agreement. Task 1: Infrastructure Installation Deliverables: The Grantee will construct the Boynton Beach Sanitary Sewer Collection System Improvement Project in accordance with the schematic CIPP lining layout. Documentation: The Grantee will submit: 1) a copy of the schematic CIPP lining layout 2) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department’s Grant Manager. Upon request by the Department’s Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, a payment request may be processed. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No. Task Title Budget Category Grant Amount Task Start Date Task End Date 1 Construction Contractual Services $500,000 07/01/2025 12/30/2028 Total: $500,000 53 Attachment 4 1 of 1 Rev. 4/8/2024 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution and section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 54 Attachment 5 1 of 6 BGS-DEP 55-215 Revised 7/1/25 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. 55 Attachment 5 2 of 6 BGS-DEP 55-215 Revised 7/1/25 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and the current Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at https://www.myfloridacfo.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: 56 Attachment 5 3 of 6 BGS-DEP 55-215 Revised 7/1/25 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or the current Rules of the Auditor 57 Attachment 5 4 of 6 BGS-DEP 55-215 Revised 7/1/25 General, should indicate the date and time the reporting package was delivered to the recipient and any correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 58 Attachment 5, Exhibit 1 5 of 6 BGS-DEP 55-215 Revised 7/1/25 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. 59 Attachment 5, Exhibit 1 6 of 6 BGS-DEP 55-215 Revised 7/1/25 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year 1 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Department of Environmental Protection 2025-2026 37.039 Statewide Water Quality Restoration Projects – LI 1555 $500,000 149950 State Program B State Awarding Agency State Fiscal Year 2 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $500,000 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/compliance.aspx ]. The services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 1 Subject to change by Change Order. 2 Subject to change by Change Order. 60 Exhibit A, Page 1 of 1 Rev. 1/19/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form The current Exhibit A, Progress Report Form for this grant can be found on the Department’s website at this link: https://floridadep.gov/wra/wra/documents/progress-report-form Please use the most current form found on the website, linked above, for each progress report submitted for this project. 61 Exhibit C, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. 62 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-015- Approve calling for a General City Election to be held on Tuesday, March 10, 2026, for the purpose of voting on three Referendum questions. Requested Action: Staff recommends approval of Proposed Resolution No. R26-015. Explanation of Request: The City Charter of the City of Boynton Beach, Florida, Article III, Section 40, and other applicable laws require that all general and special elections be called by resolution. How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: 001-1310-512.49-15 Election Expense Fiscal Impact: This is a budgeted item. Attachments: R26-015 Agenda Item 4201-2026 referendum questions General Election 2026.docx 63 RESOLUTION NO. R26-015 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, CALLING FOR A GENERAL CITY ELECTION TO BE 3 HELD ON TUESDAY, MARCH 10, 2026, FOR THE PURPOSE OF VOTING 4 ON THREE REFERENDUM QUESTIONS; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, the City Charter of the City of Boynton Beach, Florida, Article III, Section 40, 8 and other applicable laws, provide that all general and special elections be called by resolution 9 adopted by the City Commission for the March 10, 2026, General City Election for the purpose of 10 voting on three referendum questions; and 11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the city's citizens and residents to call for a General City Election to be held on 13 Tuesday, March 10, 2026, for the purpose of voting on three referendum questions. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT: 17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption. 19 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby call 20 for a General City Election to be held on Tuesday, March 10, 2026, for the purpose of voting on 21 three referendum questions. 22 SECTION 3. The Palm Beach County Supervisor of Elections, acting on behalf of the City 23 Clerk, is hereby authorized and directed to close the registration books prior to said General 24 Election and to keep the said books closed for the required period in accordance with the 25 registration law. 26 SECTION 4. The Supervisor of Elections is authorized and directed to deliver the 27 appropriate registration books to the proper City precinct boards on or before the day and hour 28 set for the opening of the polls for the aforementioned General City Election, as the case may be. 29 The Clerk of each election precinct board is authorized and directed to forthwith return, or cause 30 to be returned by an authorized person or persons of said board, the said registration books to 31 the Supervisor of Elections immediately following the election. 32 64 RESOLUTION NO. R26-015 SECTION 5. The polling places designated and fixed by the Board of County 33 Commissioners of Palm Beach County, Florida, are adopted pursuant to law as the polling places 34 for said General City Election. 35 SECTION 6. The City Clerk is authorized and directed under the applicable laws and 36 code provisions to perform such ministerial duties as are necessary and proper to provide for the 37 holding and conducting of said election. 38 SECTION 7. The City Clerk is authorized to expend such sums of money as may be 39 necessary and proper in connection with the preparation for and holding of said election, 40 including the authorized compensation to be paid to the election inspectors and clerks, as 41 outlined in the Agreement with the Palm Beach County Supervisor of Elections. 42 SECTION 8. The City Clerk is directed to furnish a certified copy of this Resolution to the 43 Palm Beach County Supervisor of Elections. 44 SECTION 9. This Resolution shall take effect in accordance with the law. 45 [signatures on the following page] 46 47 48 65 RESOLUTION NO. R26-015 49 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 Mayor – Rebecca Shelton _____ _____ 53 54 Vice Mayor – Woodrow L. Hay _____ _____ 55 56 Commissioner – Angela Cruz _____ _____ 57 58 Commissioner – Thomas Turkin _____ _____ 59 60 Commissioner – Aimee Kelley _____ _____ 61 62 VOTE ______ 63 ATTEST: 64 65 _____________________________ ______________________________ 66 Maylee De Jesús, MPA, MMC Rebecca Shelton 67 City Clerk Mayor 68 69 APPROVED AS TO FORM: 70 (Corporate Seal) 71 72 _______________________________ 73 Shawna G. Lamb 74 City Attorney 75 66 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-016- Approving the 2026 Municipal Election(s) Vote Processing Equipment Use and Elections Services Agreement between the City and Palm Beach County Supervisor of Elections Office. Requested Action: Staff recommends approval of Proposed Resolution No. R26-016. Explanation of Request: The Agreement with the Supervisor of Elections authorizes them to provide the personnel needed to program, operate, and maintain the vote-processing equipment required to hold the election. How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: 001-1310-512.49-15 Election Expense Fiscal Impact: This is a budgeted item. Attachments: R26-016 Agenda Item 4228-2026 Supervisor of Elections SOE Vote Processing Equipment Agmt.docx 2026 Uniform Municipal Election and Runoff Election Agreement- updated.pdf 67 RESOLUTION NO. R26-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE 2026 MUNICIPAL ELECTION(S) 2 VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES 3 AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY 4 SUPERVISOR OF ELECTIONS OFFICE; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, pursuant to Section 101.34, Florida Statutes, the Palm Beach County Supervisor 7 of Elections Office (“SOE”) is the legal custodian of certified vote processing equipment owned by 8 Palm Beach County, Florida, and is hereby charged with the responsibility for custody and 9 maintenance of said equipment; and 10 WHEREAS, the City desires, or is otherwise statutorily obligated, to conduct an election 11 that requires the use of vote processing equipment to count ballots; and 12 WHEREAS, all vote processing equipment requires specially trained and knowledgeable 13 individuals to program, operate, and maintain said equipment; and 14 WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE 15 to provide any necessary terms and conditions for the use of such voting equipment; and 16 WHEREAS, SOE can provide the necessary personnel to program, operate, and maintain 17 said equipment; and 18 WHEREAS, the City hereby acknowledges it may be responsible for other applicable 19 requirements under the Florida Election Code and any provision of the City’s Charter or municipal 20 ordinances which may not be addressed or included in this Agreement; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to approve the 2026 Municipal Election(s) Vote 23 Processing Equipment Use and Elections Services Agreement between the City and Palm Beach 24 County Supervisor of Elections Office. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 68 RESOLUTION NO. R26-016 approve the 2026 Municipal Election(s) Vote Processing Equipment Use and Elections Services 32 Agreement between the City and Palm Beach County Supervisor of Elections Office (the 33 “Agreement”), in form and substance similar to that attached as Exhibit A. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 36 ancillary documents required under the Agreement or necessary to accomplish the purposes of 37 the Agreement and this Resolution. 38 SECTION 4. The Mayor-executed Agreement shall be forwarded to Maylee De Jesus to 39 obtain execution of the Agreement by the Supervisor of Elections. Maylee De Jesus shall be 40 responsible for ensuring that one fully executed Agreement is returned to the City for retention 41 as a public record. 42 SECTION 5. This Resolution shall take effect in accordance with the law. 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 45 69 RESOLUTION NO. R26-016 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 70 2026 ELECTIONS AGREEMENT Page 1 of 11 2026 MUNICIPAL ELECTION(S) VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT This Vote Processing Equipment Use and Elections Services Agreement (hereinafter referred to as the “Agreement”) is hereby entered into by and between the Palm Beach County Supervisor of Elections Office (hereinafter referred to as “SOE”) and _______________________, Florida (hereinafter referred to as “MUNICIPALITY”). WITNESSETH: WHEREAS, pursuant to Section 101.34, Florida Statutes, SOE is the legal custodian of certified vote processing equipment owned by Palm Beach County, Florida, and is hereby charged with the responsibility for custody and maintenance of said equipment; and, WHEREAS, MUNICIPALITY desires, or is otherwise statutorily obligated, to conduct an election that requires the use of vote processing equipment to count ballots; and, WHEREAS, all vote processing equipment requires specially trained and knowledgeable individuals to program, operate, and maintain said equipment; and, WHEREAS, the Palm Beach County Board of County Commissioners has authorized SOE to provide any necessary terms and conditions for the use of such voting equipment; and, WHEREAS, SOE can provide the necessary personnel to program, operate, and maintain said equipment; and, WHEREAS, MUNICIPALITY hereby acknowledges it may be responsible for other applicable requirements under the Florida Election Code and any provision of MUNICIPALITY’S Charter or municipal ordinances which may not be addressed or included in this Agreement. NOW THEREFORE, in consideration of the premises and of the mutual promises, terms and conditions stated herein, SOE and MUNICIPALITY agree as follows: ARTICLE 1 – RECITALS The above recitals are true and correct and incorporated herein. ARTICLE 2 – AGREEMENT SOE shall provide MUNICIPALITY such necessary vote processing equipment and election services according to the terms and conditions stated in this Agreement, for the purposes of conducting the Uniform Municipal Elections (“UME”) to be held on March 10, 2026, and a Run- Off Election, if necessary, on March 24, 2026, along with the necessary vote processing equipment and election services to facilitate polling locations and polling places as may be necessary and agreed upon by the parties. Except for the UME and Run-Off elections resulting from the UME, which are required by MUNICIPALITY charter or ordinance, no other municipal elections will be conducted by SOE except by separate written signed agreement of the parties hereto. 71 2026 ELECTIONS AGREEMENT Page 2 of 11 ARTICLE 3 – OPERATION AND PROGRAMMING SERVICES 3.1 Municipal Services. For each election, MUNICIPALITY shall pay SOE for the SOE’s actual cost incurred by SOE in conducting MUNICIPALITY’s election operations, as provided in the estimated fee schedule attached as Exhibit “A”. 3.2 Vote-By-Mail Ballots. For each election, MUNICIPALITY shall pay SOE for each Vote-By- Mail ballot request processed plus actual postage costs, including Return Postage. MUNICIPALITY shall also pay SOE for each Vote-By-Mail ballot signature verified. 3.3 Repairs. For any election, all maintenance, repairs, or other troubleshooting services for vote processing equipment, including any tabulators, check-in devices, and other voting equipment, will be performed exclusively by SOE, and such services are included in all stated charges. However, SOE does reserve the right to seek reimbursement from MUNICIPALITY for any damage caused by any neglect or unauthorized acts by any employee or representative of MUNICIPALITY. ARTICLE 4 – OTHER ELECTION CHARGES 4.1 Precinct Services. For each election, MUNICIPALITY shall pay SOE for precinct preparation and poll worker training in accordance with Exhibit “A”. 4.2 Fee Schedule. For each election, MUNICIPALITY shall pay SOE for any other goods or services not specifically provided for in this Agreement, but that may be described or listed in the Municipal Fee Schedule(s) attached hereto as Exhibit “A”. 4.3 Other. For each election and upon proper notice to MUNICIPALITY, MUNICIPALITY shall pay SOE for any other election services not contemplated herein, which may be needed to conduct an orderly election that meets the requirements of law. 4.4 Increased Costs. If the actual out-of-pocket costs to the SOE increase due to an increase in postage costs, law enforcement costs, or any other costs that are higher than the estimates provided in Exhibit “A”, MUNICIPALITY nevertheless agrees to pay the increased costs incurred by SOE. Any increased costs will be reflected in the billing statement provided to MUNICIPALITY by SOE at the time payment is sought. ARTICLE 5 – TERM For each election, the terms of this Agreement begin upon execution of this Agreement by both the SOE and MUNICIPALITY and shall terminate on December 31, 2026, or when all ballots for the UME/Run-Off Elections have been processed, all election results have been certified, all vote processing equipment has been returned to the SOE’s warehouse and the audit, if applicable, has been completed, whichever is later. In the event of an election contest or challenge, SOE agrees to cooperate in providing any public records that the SOE maintains or otherwise controls. 72 2026 ELECTIONS AGREEMENT Page 3 of 11 ARTICLE 6 – APPLICABLE REQUIREMENTS OF FLORIDA’S ELECTION CODE MUNICIPALITY shall properly call the election in accordance with any Florida Statutes, applicable charter provisions, or city ordinances. MUNICIPALITY agrees that the Municipal Clerk is responsible for the conduct of the MUNICIPALITY’s elections and for ensuring compliance with all applicable Florida Statutes, including the Florida Election Code and any municipal charter provisions and ordinances; provided, however, such statute, charter, or ordinance may specifically impose or delegate certain duties to the SOE; for provisions in a Municipal charter of ordinance, the SOE must consent to the duties set forth in the charter or ordinance in order to be bound by it. Any obligations or duties not set forth in this Agreement or otherwise provided for by law shall be the sole responsibility of MUNICIPALITY. ARTICLE 7 – NOTICE AND ADVERTISEMENT OF ELECTIONS Uniform Municipal Election/Run-Off Election. MUNICIPALITY shall prepare and arrange for publication of all legal notices and advertising required by state and federal statutes, city charter, and city ordinances. MUNICIPALITY agrees that all notices and advertisements of elections conducted in Palm Beach County shall be published in both English and Spanish and that MUNICIPALITY shall be responsible for the accurate and complete translation of any such notices. SOE will advertise the dates of the UME/Run-Off elections on its website in both English and Spanish, and SOE shall be responsible for obtaining the accurate and complete translation of any such advertising. ARTICLE 8 – QUALIFYING OF CANDIDATES MUNICIPALITY is the qualifying officer for all municipal candidates. MUNICIPALITY may provide qualifying packets to candidates. MUNICIPALITY shall accept and process all qualifying papers and fees. For audio ballots, MUNICIPALITY shall collect pronunciation guides from candidates at the time of qualifying and shall submit them to SOE at the close of qualifying. If petitions are part of the qualifying process, the SOE shall be responsible for verifying that all names appearing on such petitions belong to qualified electors of MUNICIPALITY. The SOE agrees to verify any and all signatures for any qualifying petitions timely submitted by MUNICIPALITY in the order such petitions are received. MUNICIPALITY shall pay SOE Ten Cents ($0.10) per name, or such other higher amount as permitted by Florida Statutes or the Florida Administrative Code, checked to verify any signatures on qualifying petitions. Except as set forth in the following paragraph, SOE shall complete signature verification of petitions within 30 days of receipt of the petitions from MUNICIPALITY. When MUNICIPALITY provides SOE with candidate petitions before the signature verification cutoff deadline (before noon of the 28th day preceding the first day of qualifying), SOE will verify the signed petitions no later than the 7th day before the first day of qualifying. (See Section 99.095(3), Florida Statutes.) SOE will verify signatures on all timely submitted signed petitions until the candidate indicates in writing to stop verification. MUNICIPALITY must notify each candidate in writing that if the signatures are not timely submitted in accordance with this paragraph that SOE will review them in accordance with the paragraph above, which may result in the candidate not knowing the disposition of the review until after the qualifying period. In no event shall SOE issue any recommendations or make any legal determinations as to the qualifications of eligibility of any candidate for municipal office. 73 2026 ELECTIONS AGREEMENT Page 4 of 11 ARTICLE 9 – PRINTING OF BALLOTS AND BALLOT SERVICES SOE shall place an order for the quantity of Election Day ballots as directed by the MUNICIPALITY with a third-party printer as selected exclusively by SOE. MUNICIPALITY shall be responsible for payment to the third-party printer. MUNICIPALITY shall pay SOE a per- ballot fee for each Vote-By-Mail ballot printed. MUNICIPALITY shall furnish, immediately upon the conclusion of the qualifying period, but no later than ninety-five (95) days before Election Day, unless otherwise agreed upon by SOE and MUNICIPALITY, all ballot information in English, including the name of the candidates as they are to appear on the ballot, the name of MUNICIPALITY, the name of the election, the title of office or referendum title, explanation, and questions. SOE agrees to provide, at MUNICIPALITY’s cost and expense, translation of MUNICIPALITY’s ballot language from English to Spanish, in accordance with Section 203 of the Voting Rights Act, as well as Creole translations for the ExpressVote machine. SOE agrees to provide the layout of the ballot(s) based on the information furnished by MUNICIPALITY and deliver the ballot layout to the approved printer. Both SOE and MUNICIPALITY must approve the ballot proof(s). Once test ballots are received from the printer, SOE will test all vote processing equipment in accordance with the standards established by the Florida Division of Elections and any applicable Florida Statutes. Upon receipt of the printed ballots from the printer, SOE shall receive, securely store and account for all ballots until disbursed to poll workers. SOE shall also control and limit all access to unvoted ballots while in possession of SOE. ARTICLE 10 – POLL WORKERS 10.1 Selection and Training of Poll Workers. SOE will select poll workers for MUNICIPALITY from a group of trained poll workers. SOE will assign the minimum number of poll workers for each required position and standby poll workers to be available on Election Day, as determined by SOE. Additional poll workers may be added at the request of MUNICIPALITY, which SOE agrees to provide based on the availability of properly trained poll workers and legal party affiliation requirements. SOE will train all poll workers in accordance with the Florida Election Code and other guidelines, procedures, or regulations as followed or adopted for the conduct of elections in Palm Beach County. The clerk for MUNICIPALITY, or a representative, shall be in attendance for poll worker training sessions. Poll workers shall undergo job-specific training and complete the required number of training hours as specified by SOE poll worker department management. All necessary supplies and ballots will be provided by SOE and stored in precinct cabinets or transported in poll worker clerk bags. 10.2 Uniform Municipal Election/Run-Off Election. MUNICIPALITY shall promptly pay poll workers directly for their services in the same amounts/at the same hourly rates that SOE pays poll workers, which as of the Effective Date hereof, is set forth in Exhibit “A”. If SOE changes the rates of pay/hourly rates SOE is paying poll workers, MUNICIPALITY agrees to pay the current rates of pay/hourly rates being paid by SOE at that time. 74 2026 ELECTIONS AGREEMENT Page 5 of 11 ARTICLE 11 – SELECTION OF POLLING PLACES MUNICIPALITY shall secure ADA compliant Polling Places for the UME/Run-Off Election. Upon request, SOE will provide MUNICIPALITY with the list of the polling places currently assigned to MUNICIPALITY’S precincts. If the polling place secured for the UME/Run-Off election is different than what is shown on the voters’ most recent voter information card, MUNICIPALITY shall pay the cost for the SOE to mail a new voter information card to each voter with the new location on it. If the location is temporary for the UME/Run-Off election, MUNICIPALITY shall also pay the costs for the follow-up mailing of the voter information card to designate the previous location as the again-current polling location. ARTICLE 12 – POLL WATCHERS MUNICIPALITY is responsible for collecting the Designation of Poll Watchers form and submitting it to SOE for processing. SOE will make the required identification badges and provide them to MUNICIPALITY. MUNICIPALITY will be responsible for all costs associated with the preparation of badges. MUNICIPALITY will create a master poll watcher list to be supplied to the SOE office and their poll workers on Election Day. ARTICLE 13 – SAMPLE BALLOTS SOE shall not mail sample ballots. Sample ballots will be posted on the SOE’s website. ARTICLE 14 – VOTE-BY-MAIL BALLOTS MUNICIPALITY shall refer all requests for Vote-By-Mail ballots to SOE. Unless the Clerk for MUNICIPALITY provides written direction to the contrary, SOE agrees to accept all requests for Vote-By-Mail ballots by telephone, mail, email, or in person in accordance with Florida Statutes. SOE also agrees to mail Vote-By-Mail and overseas ballots as requested by registered voters, receive and securely store any voted Vote-By-Mail ballots, verify the signatures on any returned voted Vote-By-Mail ballot certificates, facilitate voter signature cures, accommodate public inspection of Vote-By-Mail ballot mailing envelopes and voter certificates, and account for all Vote-By-Mail ballots. SOE may begin processing Vote-By-Mail ballots prior to Election evening, pursuant to Section 101.68, Florida Statutes. If MUNICIPALITY does not use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate with SOE the date on which the MUNICIPALITY’s Canvassing Board is to assemble to canvass the Vote-By-Mail ballots. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing Board to determine which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY must also ensure they have a Canvassing Board member present for opening, duplication, tabulation, and all other activities requiring Canvassing Board presence by law, at all times specified by SOE. 75 2026 ELECTIONS AGREEMENT Page 6 of 11 ARTICLE 15 – TRANSPORTATION OF ELECTIONS EQUIPMENT AND SUPPLIES SOE will be responsible for the delivery and pick-up of vote processing equipment. Election equipment will be delivered by SOE, or a third-party representative of SOE, on an agreed-upon date, up to eight (8) days prior to the Election. SOE, or a third-party representative of SOE, will pick up voting equipment on an agreed-upon date. SOE shall have full discretion and authority to hire and employ any outside third parties to assist with or perform delivery and pickup of voting equipment. MUNICIPALITY shall reimburse SOE for any and all costs incurred for equipment delivery and pickup. MUNICIPALITY is not permitted to deliver any election equipment. ARTICLE 16 – LOCATION AND STORAGE OF VOTING EQUIPMENT All voting equipment shall be stored, maintained, and located in a well-protected, secure, temperature-controlled, indoor room or facility. Once the voting equipment is delivered to a voting site, no equipment shall be relocated without the prior written approval of SOE. ARTICLE 17 – CANVASSING OF ELECTION RESULTS SOE shall schedule and coordinate the date on which the Canvassing Board is to assemble to canvass the results of the election. SOE shall notice and advertise, as needed, the dates of any canvassing board meetings on the SOE’s website. If MUNICIPALITY does not use the County Canvassing Board, MUNICIPALITY shall schedule and coordinate with SOE the date on which MUNICIPALITY’s Canvassing Board is to assemble to canvass the results of the election. If applicable, MUNICIPALITY shall coordinate for the use of SOE facilities to conduct the Canvassing Board activities. MUNICIPALITY shall notice and advertise in both English and Spanish, as needed, the dates of any Canvassing Board meetings. MUNICIPALITY shall convene the Canvassing Board to determine voter intent and which voted Vote-By-Mail ballots are to be tabulated. MUNICIPALITY must also ensure they have a Canvassing Board member present for opening, duplication, tabulation, and all other activities requiring Canvassing Board presence by law. ARTICLE 18 – AUDITS MUNICIPALITY agrees to pay SOE for the costs of the Audit as well as any additional costs as may be necessary, including overtime expenses, for conducting the audit. ARTICLE 19 – POST-ELECTION RECORDS RETENTION SOE shall process affirmation forms and sort, inventory, and pack all election materials for retention and disposition. SOE shall store or cause to be stored all necessary election records and ballots until the expiration of retention period as prescribed by applicable Florida Statutes and Rules. MUNICIPALITY is responsible for maintaining candidate qualifying documents and certified results in accordance with Florida Law. 76 2026 ELECTIONS AGREEMENT Page 7 of 11 ARTICLE 20 – VOTER HISTORY SOE will record voter history for all electors voting in the municipal election(s) in a timely manner. ARTICLE 21 – OTHER NECESSARY COSTS As provided in Article 4, any additional costs or fees that may be incurred by SOE in compliance with the Florida Election Code and as a direct result of MUNICIPALITY’s election(s) that are not specified in this Agreement shall be paid for by MUNICIPALITY at rates and fees as established by SOE. Examples of such additional costs or reimbursements include, but are not limited to, the following: A. Recounts. Any expenditure by the SOE for conducting a recount, including any overtime expenses for reprogramming voting equipment, and other expenses as may be necessary to conduct a recount; and, B. Attorneys’ Fees and Costs. Actual attorneys’ fees and costs incurred by SOE for research or representation on any matter that are incurred as a direct result of MUNICIPALITY’s participation in the UME/Run-Off shall be invoiced by SOE for reimbursement by MUNICIPALITY. ARTICLE 22 – HOLD HARMLESS COVENANT The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Furthermore, nothing herein shall be construed as a waiver by either party of sovereign immunity pursuant to Section 768.28, Florida Statutes. Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, MUNICIPALITY shall indemnify, defend and hold harmless the SOE against any actions, claims or damages arising out of MUNICIPALITY’s negligence, willful or intentional acts or omissions in connection with its performance under this Agreement; and SOE shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of the negligence, willful or intentional acts or omissions of the SOE in connection with its performance under this Agreement. Nothing herein shall be construed as consent by either the SOE or MUNICIPALITY to be sued by third parties in any matter arising from this Agreement. MUNICIPALITY also agrees to indemnify SOE against any administrative challenges, civil suits, or other legal challenges or appeals that may arise, including all attorneys’ fees and costs, from the contest of MUNICIPALITY’S election results or the validation of any of MUNICIPALITY’S candidate qualifications. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the waiver or limits set forth in Section 768.28, Florida Statutes. In no case shall such limits for SOE or MUNICIPALITY extend beyond $200,000 for any one person or beyond $300,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. Furthermore, nothing herein shall be construed as consent by the MUNICIPALITY or the SOE, as a state agency or subdivision of the State of Florida, to be sued by third parties in any matter arising out of any contract. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such others’ negligent, willful, or intentional acts or omissions. 77 2026 ELECTIONS AGREEMENT Page 8 of 11 ARTICLE 23 – ENTIRETY AND AMENDMENTS This Agreement embodies the entire agreement between SOE and MUNICIPALITY and supersedes all prior agreements and understandings relating to the conduct of elections. No modification, amendment or alteration to this Agreement shall be effective or binding unless submitted in writing and executed by the duly authorized representatives of both SOE and MUNICIPALITY. ARTICLE 24 – EFFECTIVE DATE The effective date of this Agreement shall be the latest date of execution by duly authorized representatives of SOE and MUNICIPALITY as shown on the signature page hereto. ARTICLE 25 – NOTICES NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by registered mail or by a recognized overnight courier such as FedEx, to the individual designated below, until such time as either party furnishes the other party with written instructions to contact another individual or a different location. For the SOE: For the City: Supervisor of Elections __________________________ 4301 Cherry Road __________________________ West Palm Beach, Florida 33409 __________________________ Attention: Wendy Sartory Link Attention: __________________ ARTICLE 26 -- NONWAIVER A waiver by either party of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this Agreement. 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 27 – SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 78 2026 ELECTIONS AGREEMENT Page 9 of 11 IN WITNESS WHEREOF, we, the undersigned, do hereby state that we have the authority to bind and obligate as promised herein, SOE and MUNICIPALITY for purposes of executing this agreement on the dates set forth below. Signature Wendy Sartory Link Name (Printed or Typed) Palm Beach County Supervisor of Elections Title Signature Name (Printed or Typed) Title Date Date Witness Signature Witness Signature Witness Name (Printed or Typed) Witness Name (Printed or Typed) 79 EXHIBIT “A” 80 Palm Beach County Supervisor of ElecƟons UPDATED Schedule of Municipal ElecƟons Fees 2026 Uniform Municipal/Run-Off ElecƟons Uniform Municipal/Run-Off Elections Services Estimated Costs Vote-by-Mail Ballot Services Outgoing $10.04/Ballot Vote-by-Mail Ballot Returned $.81/ballot Election Day Services $18,441.00 Precinct Services (per precinct) $275.97 Accounting/Billing $141.36 Polling Location Inspection (if applicable) $ 66.53 POLL WORKER PAY Election Day: Clerk: $415.00* Assistant Clerk: $315.00* VST: $330.00* Inspector: $255.00 QA Inspector: $275.00 Deputy: $240.00 Standby Poll Worker (deployed by SOE): Paid at rate for the position which they are trained in. Rate of pay is a lump sum that includes training and election day. *The Clerk, Assistant Clerk, and VST position require a Monday set up. An additional $25 will be added to the total rate for each position in attendance. Clerk: $440; Asst. Clerk: $340; VST: $ 355 Any additional items requested by the municipality will be invoiced separately TBD On call support ($2500 range) Invoiced by Vendor TBD 81 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-017- Designating The Palm County Supervisor of Elections as The City's Canvassing Board for the March 2026 Municipal Election. Requested Action: Staff recommends approval of Proposed Resolution No. R26-017. Explanation of Request: The Palm Beach County Supervisor of Elections requires that the City Commission designate, by Resolution, a Canvassing Board for the City's Municipal Elections. The City has designated the Palm Beach County Supervisor of Elections as the City's Canvassing Board for Municipal Elections in the past, and staff recommends continuing to designate them for the 2026 Elections. How will this affect city programs or services? NA Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact for this item. Attachments: R26-017 Agenda Item 4202-2026 Canvassing Board for 2026 Election.docx 82 RESOLUTION NO. R26-017 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, DESIGNATING THE PALM BEACH COUNTY 3 SUPERVISOR OF ELECTIONS AS THE CITY'S CANVASSING BOARD FOR 4 THE MARCH 2026 MUNICIPAL ELECTION; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, the Palm Beach County Supervisor of Elections requires that the City 8 Commission designate, by Resolution, a Canvassing Board for the City Municipal Elections; and 9 WHEREAS, designating the Palm Beach County Supervisor of Elections as the City's 10 Canvassing Board for Municipal Elections would remove redundancy of Officials attending to the 11 same election activities, such as the pre-election testing of tabulation equipment, and opening, 12 tabulation, duplication, and the canvassing of ballots, and is the preference of the Supervisor of 13 Elections; and 14 WHEREAS, the City Commission has determined that the responsibility to “canvass the 15 returns” is a ministerial and non-legislative function that can be delegated by the City Commission; 16 and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the city's citizens and residents to designate the Palm Beach County Supervisor 19 of Elections as the City's canvassing board for the March 2026 municipal election. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 designate the Palm Beach County Supervisor of Elections as the City's canvassing board for the 27 March 2026 municipal election. The Canvassing Board will handle the canvassing of ballots for the 28 general municipal election and for runoff elections, if necessary. 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 31 purpose of this Resolution. 32 83 RESOLUTION NO. R26-017 SECTION 4. If any clause, section, or other part or application of this Resolution shall be 33 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 34 or invalid part or application shall be considered as eliminated and so not affect the validity of the 35 remaining portions or applications remaining in full force and effect. 36 SECTION 5. The City shall indemnify and hold harmless the members of the canvassing 37 board if either or both are the subject of litigation arising from their duties as canvassing board 38 members. 39 SECTION 6. This Resolution shall take effect in accordance with the law. 40 [signature on the following page] 41 42 43 84 RESOLUTION NO. R26-017 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor – Rebecca Shelton _____ _____ 47 48 Vice Mayor – Woodrow L. Hay _____ _____ 49 50 Commissioner – Angela Cruz _____ _____ 51 52 Commissioner – Thomas Turkin _____ _____ 53 54 Commissioner – Aimee Kelley _____ _____ 55 56 VOTE ______ 57 ATTEST: 58 59 _____________________________ ______________________________ 60 Maylee De Jesús, MPA, MMC Rebecca Shelton 61 City Clerk Mayor 62 63 APPROVED AS TO FORM: 64 (Corporate Seal) 65 66 _______________________________ 67 Shawna G. Lamb 68 City Attorney 69 85 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-018- Approving the Pulte Cottage District Developer's Agreement to share the cost of milling and resurfacing the full width of roadways abutting the proposed development. Requested Action: Staff recommends approval of Proposed Resolution No. R26-018. Explanation of Request: In accordance with the conditions of Pulte Cottage District Site Plan approval per Development Order NWSP-2023.06.4139, the Developer and the City shall share the cost for the milling and resurfacing of the full width of NE 4th Avenue, NE 1st Street, and NE 5th Avenue abutting the proposed development. This agreement implements the condition of approval. How will this affect city programs or services? The share cost agreement intends to coordinate the Developer's proposed roadway restorations with the City's 15-year Roadway Restoration Plan for an efficient and complete roadway paving project. Budgeted Item: Yes Account Line Item and Description: Public Works CIP account 302-4905-541.63-08 Fiscal Impact: Not to exceed $200,000 of the appropriated budget. Attachments: R26-018 Agenda Item 2254-2023 Resolution for Pulte Cottage District Developers Agmt 1.docx Developer's Agmt - signed.pdf Draft-Pulte Cottage_Developer FINAL.docx Approved Development Order _Pulte Cottage District NMP, NWSP-2023.06.4139.pdf Pulte Cottage_Civil Plans.pdf 86 RESOLUTION NO. R26-018 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A DEVELOPER’S AGREEMENT 3 BETWEEN THE CITY AND PULTE HOME COMPANY, LLC FOR PULTE 4 COTTAGE DISTRICT IPUD; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the Pulte Home Company, LLC (“Developer”) is the owner of the property 7 generally located between NE 5th Avenue and NE 4th Avenue and between Seacrest Boulevard 8 and NE 1st Street; and 9 WHEREAS, Developer purchased the property from the Boynton Beach Community 10 Redevelopment Agency (“CRA”) and is working with the Boynton Beach CRA to develop affordable 11 housing consistent with the City and CRA’s mission; and 12 WHEREAS, Developer has proposed redeveloping the Subject Property as an IPUD 13 residential development known as Pulte Cottage District IPUD (the "Project") as depicted on that 14 certain site plan prepared by WGI. The Project will include 19 single-family detached homes, 22 15 multi-family townhomes (4 buildings total), a pocket park, a private roadway, and dry detention; 16 and 17 WHEREAS, in accordance with the conditions of Pulte Cottage District Site Plan approval 18 per Development Order NWSP-2023.06.4139, the Developer and the City shall share the cost for 19 the milling and resurfacing of the entire width of NE 4th Avenue, NE 1st Street, and NE 5th Avenue 20 abutting the Subject Property; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the City's citizens and residents to approve a Developer’s Agreement between 23 the City and Pulte Home Company LLC for Pulte Cottage District IPUD. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve a Developer’s Agreement between Pulte Home Company LLC and the City for Pulte 31 87 RESOLUTION NO. R26-018 Cottage District IPUD (the “Agreement”), in form and substance similar to that attached as Exhibit 32 A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 35 ancillary documents required under the Agreement or necessary to accomplish the purposes of 36 the Agreement and this Resolution. 37 SECTION 4. Upon execution of the Agreement by the City, the City Clerk shall record 38 the Agreement in the Public Records of Palm Beach County. The City Clerk shall provide a copy 39 of the recorded Agreement to Shiloh Toler to forward to the Developer. 40 SECTION 5. This Resolution shall take effect in accordance with the law. 41 42 [signatures on the following page] 43 44 45 88 RESOLUTION NO. R26-018 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 89 90 91 92 93 94 95 96 97 98 99 100 101 1 Return to and prepared by: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 DEVELOPER'S AGREEMENT Pulte Cottage District 127 N.E. 4th Avenue Boynton Beach, FL 33435 PCN: 08-43-45-21-29-003-0034 THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of ________________________, 2026, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City") whose address is 100 E. Ocean Avenue, Florida 33435, and Pulte Home Company LLC, a Michigan limited liability company ("Developer") whose address is 1475 Centrepark Boulevard, Suite 140, West Palm Beach, FL 33401. RECITALS: A. Pulte Home Company, LLC is the owner of the property generally located between NE 5th Avenue and NE 4th Avenue and between Seacrest Boulevard and NE 1st Street as further depicted in Exhibit A (the “Subject Property”). B. Developer purchased the property from the Boynton Beach CRA and is working with the Boynton Beach CRA to develop affordable housing consistent with City and CRA’s mission. C. Developer has proposed to redevelop the Subject Property as an IPUD residential development known as Pulte Cottage District IPUD (the "Project") as depicted on that certain site plan prepared by WGI and shown on Exhibit B. The Project will include 19 single family detached homes, 22 multi-family townhomes (4 buildings total), a pocket park, a private roadway, and dry detention. D. In accordance with the conditions of Pulte Cottage District Site Plan ap proval per Development Order NWSP-2023.06.4139, the Developer and the City shall share the cost for the milling and resurfacing of the entire width of NE 4th Avenue, NE 1st Street, and NE 5th Avenue abutting the Subject Property, as further depicted in Exhibit C. E. The City and Developer desire to set forth the following special terms and conditions with respect to the development of the Project and reimbursement for certain improvements as provided for herein. 102 2 NOW, THEREFORE, for and in consideration of the above premises, the promises and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and the City agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein as material provisions of this Agreement. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. (a) Construction of Roadway Improvements. The Developer is responsible for performing 1” minimum milling and resurfacing the full width of NE 4th Avenue, NE 1st Street, and NE 5th Avenue adjacent to the project boundaries, as identified on drawings Exhibit C (the “Roadway Improvements”). The total construction cost of the Roadway Improvements is to be determined based on the actual costs of the work. A cost estimate prepared by the Developer’s engineer is attached as Exhibit D. The City shall reimburse Developer an amount not to exceed $200,000.00 for the City’s portion of the Roadway Improvements as depicted identified in Exhibit C. If the actual costs exceed this amount, such further reimbursement shall require approval of the City Commission. (b) Reimbursement. On or before thirty (30) days after the date of invoicing (including evidence of payment and acceptance), the City shall reimburse the Developer for the Roadway Restoration Improvement Share. The reimbursement will be a one-time payment by the City after final acceptance of the work, including completion of punch list items, final as-built drawing and Bill of Sale. 4. Time Period. This Agreement shall terminate on the date on which full reimbursement payment has been indefeasibly paid in full by City. Any provision of this Agreement that imposes a maintenance obligation for Developer and its successors after the expiration of this Agreement shall survive the expiration of this Agreement. 5. Binding Effect and Successors. This Agreement shall run with the Subject Property and the rights and the obligations under this Agreement shall benefit, burden, and bind the successors, heirs and assigns of all parties to this Agreement. In the event of the assignment of this Agreement, or the conveyance or transfer of the Subject Property, or any part thereof, the Developer shall be and remain liable for performance of the obligations under this Agreement until such time as a written release is obtained from the City, in the City's sole discretion; provided, however, in the event all obligations under this Agreement have been completed, no such release shall be required. Excluding the City and any homeowner who is conveyed a lot within the Project after a certificate of occupancy is issued for a dwelling unit on such lot, Developer and all transferees, transferor, grantees, grantors, assignees, and assignors relating to the Subject Property are jointly and severally liable for the Developer's obligations under this Agreement. The rights granted to Developer under this Agreement relate specifically to the Subject Property and are not permitted to be transferred to any other property. 103 3 6. Validity. If any portion of this Agreement is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the Agreement shall continue in full force and effect. 7. Notices. Any notices required or permitted under this Agreement, and copies thereof, shall be addressed to the City and the Developer at the addresses first appearing above, or at such other addresses designated in writing by the party to receive notice. Notices shall be either: (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case they shall be deemed delivered on the date of delivery; or (ii) sent by certified mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or intentionally delayed by the addressee, in which event they shall be deemed delivered on the date of deposit in the U.S. Mail. 8. Attorney's Fees. In any lawsuit between the parties to this Agreement arising from this Agreement, each party shall bear their own respective attorneys' fees and costs. 9. Entire Agreement. This Agreement embodies the entire understanding of the parties with respect to the matters specifically enumerated herein, and all negotiations, representations, warranties and agreements made between the parties are merged herein. The making, execution and delivery of this Agreement by all parties have been induced by no representations, statements, warranties or agreements that are not expressed herein. There are no further or other agreements or understandings, written or oral, in effect between or among the parties related to the subject matter hereof. 10. Interpretation. None of the parties shall be considered the drafter of all or any portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 11. Local Development Approvals and Permits. Notwithstanding anything herein to the contrary, all development of the Project shall be in compliance with all applicable federal, state, county, and municipal laws and ordinances, rules, and regulations (including, but not limited to, the City's land development regulations, zoning requirements, and comprehensive plan). Unless expressly authorized or granted herein, nothing in this Agreement shall constitute or be deemed to constitute or require the City to issue any approval by the City of any rezoning, Comprehensive Plan amendment, variance, special exception, final site plan, preliminary subdivision plan, final subdivision plan, building permit, grading, stormwater drainage, engineering, or any other land use or development approval. Nor shall this Agreement be deemed to reduce, eliminate, derogate from, or otherwise adversely affect any such approvals, permissions, or rights. These and any other required City development approvals and permits shall be processed and issued by the City in accordance with procedures with respect to same as otherwise set forth in the City's Code of Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall constitute or be deemed to constitute a limitation, restriction, or any other type of waiver of Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special 104 4 exception, site plan, preliminary subdivision plan, final subdivision plan, or any other land use or development approval. 12. Authority. Each party represents and warrants to the other parties that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement, that all acts, approvals, procedures, and similar matters required in order to authorize this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the execution of this Agreement by all parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest and assigns. 13. Effective Date. This Agreement shall become effective upon execution by all parties (the "Effective Date"). 14. Amendment. This Agreement may be amended, modified, or cancelled by mutual consent of the parties hereto as represented by a written document executed by the City and the Developer. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County, Florida. 16. Recording. Within fourteen (14) days after the execution of this Agreement by the parties, the City shall record this Agreement with the cost thereof to be borne by the Developer. Upon payment in full in accordance with Section 3(b) above, the City shall cause a release or satisfaction of the monetary obligation to be recorded. 17. Non-Waiver of Sovereign Immunity. Nothing contained in this Agreement nor in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the State of Florida. 18. Informed Execution. This Agreement is entered into voluntarily by the Developer without duress and after full review, evaluation and consideration by the Developer. Developer is represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for review of this Agreement. 19. Captions. The captions or paragraph headings of this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify, or aid in the interpretation, or meaning of this Agreement. 20. Independent Parties. City and Developer are not partners, and this Agreement is not a joint venture, and nothing in this Agreement shall be construed to authorize the Developer to represent or bind the City to matters not expressly authorized or provided in this Agreement. [SIGNATURE PAGES FOLLOW] 105 5 ATTEST: By: Name: Title: CITY: CITY OF BOYNTON BEACH By: Name: Title: APPROVED AS TO FORM AND LEGALITY For the uses and reliance of the City of Boynton Beach, Florida only By: Name: Title: Dated: 106 6 Print Name: Witness Print Name: Witness DEVELOPER: Pulte Home Company LLC, a Michigan limited liability company By: Its: STATE OF FLORIDA COUNTY OF ____________ The foregoing instrument was executed, sworn to and acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____________ ___, 2026, by ________________________ as _________________ of Pulte Home Company, LLC, a Michigan limited liability company. She/he (check one) is personally known to me, or has produced a valid driver's license as identification. Notary Public, State and County Aforesaid Name: My Commission Expires: My Commission Number is: 107 7 EXHIBIT A Subject Property – Site Aerial Plan 108 8 EXHIBIT B Site Plan 109 9 EXHIBIT C Roadway Improvements 110 10 EXHIBIT D Engineer’s Cost Estimate 111 11 112 12 113 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Pulte Cottage District (NMP, NWSP-2023.06.4139) APPLICANT: Amiee Carlson, Pulte Group APPLICANT'S ADDRESS: 1475 Centrepark Boulevard, Suite 305, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 16, 2024 and February 6, 2024 APPROVAL SOUGHT: Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 townhome units. LOCATION OF PROPERTY: Generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. DRAWING(S): SEE EXHIBIT"E" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included." 4. The Applicapts request is hereby V GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: OF B O yN\\ DATED: l '"-)-aFc -2 la-)191(4 I GLI4 9'• cA i J City Clerk N jam? DI94Fo:s) 0 Fps\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Pulte Cottage District\Staff Reports\Exhibits\DO-NMP NWSP-2023-06-4139.doc 114 Z = , 2nd Cts vi 11 3s pa£ 3 U i et EE fP L% It.' 4. d - 1 41., 11, f Z 3 Heir o,._,,... .,. „,, ,..., II viii 1-., 1. E. 1 K 41iiiiir H. . _.„ . t- I i -- 114-,- L.,,,- 1 , 4, 141111„- -, t---,,, ;..„, . .,- - 0,__ n 1fi wadi - ,..;,-,, 11.— s- 1ik,176il. i. Lr.1. r..,i,. L. 4 i11t.: 1, ft-i-4. r_I--. rL....„-- i,,, i,. 40,„ f-- X til. , „ . i,„,. is puz 3N 1 ' PY .: rj 9 „ N,. r ::„ rs1r-. 1111_. I_,. r ' '- trj, 1 cT: Ijok. re — 1 i Li , 0 ir''tottA <.. mss mi r 5I let av ALrte_ z.,,,.".., 4.'.; S iaiii, c, t NI I 4. 111 1_ 1!, , 4 ... ,, ,.... r iri: 1.- 1 - I ' h': _' :::: LI, l ter. 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E NE 4th Ave' 1,4 . gf NW 3rd A eco 4 ii Zoning NE arc R1A Single Family, 6 du/ac IFS* MI R1 Single Family, 7.5 du/ac I R2 Duplex, 10 du/ac d R3 Multi Family, 11 du/ac C2 Neighborhood Commercial 1/4 ` MN C3 Community Commercial C4 General Commercial 0 Boynto ow f + • : e _ gBoynton ` MU-2 Mixed Use 2, 40 du/ac I 111 OPP MU-3 Mixed Use 3, 50 du/ac in; 1t11116, REC Recreation M' o 62.s 125 250 ars” goo 11111 PU Public Usage zFeet II 116 Exhibit C: Proposed lo g BOYNTON 9 Cottage Di, . ; . N, NMP,-i . :', Zr,.,‘ __.''J2J .- 1 J)) BEACH f,. NE 7th :. . J fh iQ.` Ili>iiiiii_di Ocean e -.1.7-7----4100 71110a :beer; , CglY 1 • I r s. igloo L NW„.6th Ale,, .- •I JAM Ave Ne OM IOr, NE5th.Ave. t! r,— dui !.-' •- UPUE zNE o- 5th Ave dog MW WSrhAve lip r, IF t .. l. IL 11111111160 Z , II1r-ill,..*”1"----' --A. • i., NE 4th-AveililmaiumeNW4thAve r 01a NW 3Cd Ave iI Zoning NE 3r( 111111 R1A Single Family, 6 du/ac i I, 1 R1 Single Family, 7.5 du/ac 1111111 R2 Duplex, 10 du/ac pi I R3 Multi Family, 11 du/ac CI 1 MI C2 Neighborhood Commercial i IIII C3 Community Commercial C4 General Commercial 1 Boynto Blvd: ',• a., i a _ Q Boynton a MU-2 Mixed Use 2, 40 du/ac IF MU-3 Mixed Use 3, 50 du/ac '1 REC Recreation FP 62.5 125 250 375 a M, t 0 A.il; PU Public Usage zaim MMEMilifr !1iiiiiiW I I in Aliai 117 JUSTIFICATION STATEMENT Pulte Cottage District Master Plan Application Initial Submittal: June 7th, 2023, First Resubmittal: August 15th, 2023, Second Resubmittal: October 25th, 2023, Third Resubmittal: December 6th, 2023 REQUEST On behalf of the Applicant, WGI, Inc. is requesting the following: 1) Approval of proposed Master Plan for the Pulte Cottage District development. 2) Workforce Housing Code Waiver for relief from the Sustainable Development Standards in order to facilitate 100%workforce housing. Please note that this request is being submitted for review concurrently with a Rezoning application and a Major Site Plan application for the proposed Pulte Cottage District. The requests above are being sought for the subject site in order to allow for the development of 19 fee-simple single-family homes and 22 fee-simple multi-family townhomes (4 buildings). All of the single-family homes are proposed to accommodate workforce housing units at the Palm Beach County Moderate 1 income level and all of the townhomes are proposed to accommodate workforce housing units at the Palm Beach County low-income level. This project represents a 100% workforce housing development. Even though this project is 100% workforce housing,Applicant is not requesting or utilizing any of the density, intensity or height bonuses available to applicants under the City's workforce housing program. SITE INFORMATION The subject site is comprised of 20 individual parcels, totaling 4.63 acres (MOL) in area. Collectively, the subject site will be referred to herein as the"Property" and all 20 parcels will be viewed as part of the overall Property. The Property is located within the City of Boynton Beach, approximately 750 feet north of the intersection between East Boynton Beach Boulevard and North Seacrest Avenue. L.1.„,t _ to;.k..r a+ks:llt. r^ Com`:i The Property r7 t r.- _ it 11 f i, r ' i' t lit' I' , r-rit A'. 1161;1 —''Ii: "__,42 f9 4 " + ftp. kw . ... w r j fir.si 4 tri 47 iiTn. ' ' :/ r0 Ibtrri t 0 %r______44, i„,, _ _ ,,.......„.,..., .r..1 't. 1 —L...A it-Itizil 1 l ' is i L Virk % 4,-,!.°' t;_, i tit& 4,, t tril,„, ',, 'r-4,-rlin , ..,•,, ,,,d,.' WGI Property Location Map cry v Figure 1. Property Location Map. 2035 Vista Parkway, West Palm beach, i L 33411 561.687.2220 WGInc 118 WGI. See table below for full parcel list of the whole property. Parcel Number Address 08434521280010010 114 NE 5TH AVE 08434521280010020 118 NE 5TH AVE 08434521280010031 122 NE 5TH AVE 08434521280010041 136 NE 5TH AVE 08434521280010061 140 NE 5TH AVE 08434521280010071 144 NE 5TH AVE 08434521290030033 NE 4TH AVE 08434521290030032 NE 4TH AVE 08434521290030020 NE 4TH AVE 08434521290030011 517 NE 1ST ST 08434521290030013 515 NE 1ST ST 08434521290030012 511 NE 1ST ST 08434521290030014 145 NE 4TH AVE 08434521290030031 133 NE 4TH AVE 08434521290030034 127 NE 4TH AVE 08434521290030041 121 NE 4TH AVE 08434521290030052 115 NE 4TH AVE 08434521290030051 105 NE 4TH AVE 08434521290030081 103 NE 4TH AVE 08434521290030071 508 N SEACREST BLVD Property(all above)4.63 acres The property is currently zoned as R-2 Single and Two-family residential district and has a Future Land Use Designation of Medium Density Residential. Additionally, the property is currently vacant. SURROUNDING USES The surrounding uses are described below by relative direction to the property. North: To the north of the Property and across NE 5th Avenue, there are detached single-family residential homes and a child-care center. These properties are all collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). South: To the south of the Property and across NE 5th Avenue, there are single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). East: To the east of the Property and across NE 1st Street, there is a mixture of duplex style two-family residential homes and detached single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). West: To the west of the Property and across N Seacrest Blvd, there are single-family residential homes and a church. The church is located on the southwest corner of NW 4th avenue and N Seacrest Blvd. These properties are zoned R-1 Single Family Residential (7.5 du/ac max)and R-1A Single Family Residential (6 du/ac max)with a Future land use of Low Density Residential (7.5 du/ac max). Pulte Cottage District Master Plan Application December 6th, 2023 119 113) WG I. PROPOSED DEVELOPMENT PROGRAM The proposed project consists of a mixture of single-family units and multi-family townhome units. The site plan proposes 19 detached single-family homes and 22 attached multi-family townhomes, all being fee-simple ownership. As proposed, this equates to a density of 8.86 du/ac. The site plan has been designed to facilitate harmony with the adjacent existing land uses. The multifamily townhome buildings are located such that they face inward to the proposed project along a new north-south private street, with two of the four townhome buildings having their sides facing NE 5th Avenue. To further the intended harmony of the proposed project with the adjacent residential homes, the detached single-family homes are proposed along the periphery of the property, with the front yards facing outward onto the surrounding public streets just as the surrounding existing homes do. The proposed project includes 0.19 acres of recreation space in the form of a pocket park. The pocket park has a bike rack, a mail kiosk for the community, a shade structure, walking path, benches and landscaping. There will be interpretive signage near the benches explaining the native landscaping provided in the pocket park and dry detention area. Please note that the proposed 40' private roadway, pocket park, drainage system and easements are all proposed to be under control and ownership of the HOA. r•whiT P r - t'.....,4•111111. *+p re s.1:3 ‘. 'ii,....;" - 14,4.3Etti 'r: r i'r s or acres r —1ii S.. A i, U•ut Count.15 units 1. S' IL . i Dense :745 wets per dere 1i-', 3.trr 4' + w rill— 310 j, ,w kt 41 ._z s It Lij L ' r' ri. t t rOrc el 17;; w a _ x- t 6.1! i- Subject Site d Z ,' , f ag 1 p: J- e: o:"\. lI. b,.. 1' se_kr, 0-4d*;i1ti 74 44-; 11 I-f._-). 111P 44 '41 ,. MIL11 sr j A 1... 417 1. NE3 d Ar• r Arca.153,000 SF or 3 5 acres MOL n 7.97 acres MOL. f t 6r. ti Unit Count:i7 units 4 Une.uuPtc I,unrts Densit :9.1 units-er acre Dense :4.3 units er acre .r.,,.—,,,,_, %"`. tz f.. I._ •A E Bp nton-lJ.i b'.f1- E •. . :i f./. :r Je3. R Ali iimr•ir 7. ISI WGI Surrounding Densities Map Figure 2. Surrounding Densities Map Pulte Cottage District 3 Master Plan Application December 6th, 2023 120 WG!. Workforce Housing One of the core tenets of the proposed project is to provide fee-simple workforce housing in a diverse arrangement of unit types that complements the community. To this point, the Applicant is not requesting any density, intensity or height bonuses available under the workforce housing program. In total, the project is proposing 41 fee-simple workforce housing units.The units are proposed to be sold according to the Palm Beach County Workforce Housing Program's guidelines, using the lower 2 income categories of Low and Moderate 1. The low-income category corresponds to residents earning between 60 to 80% of the median family income for the county, which for 2022 falls between $54,180.00 and $72,240.00. Homes sold within this low-income category are to be limited to 189,630.00 using the county's 2022 rates.The Moderate 1 category corresponds to residents earning between 80 to 100% of the median family income for the county, which for 2022 falls between $72,240.00 and $90,300.00. Homes sold within this Moderate 1 income category are to be limited to $243,810.00. Please note that the income rates and unit prices are updated by the county each year. The most up to date rates will be used for the proposed units at the time of sale. The unit types are proposed to be distributed so that all of the low-income units will be townhomes and all of the Moderate 1 income units will be single-family homes. This corresponds to 22 fee-simple low-income units and 19 fee-simple Moderate 1 income units. Please note that the provision of the proposed 100% workforce housing units will only be economically feasible for the proposed residents if a waiver is provided for relief from the City's Sustainable Development Standards. Further discussion of the proposed waiver can be found within the Review Criteria section of this report. IPUD District Applicant seeks to utilize the IPUD zoning district due to the infill nature of the proposed development and to also provide a high-quality design scheme that could not otherwise be accommodated through traditional or basic zoning districts in the City's code. Moreover, the Property's location with regard to existing infrastructure, public transportation, employment centers, and community areas are all prime factors that make the Property an ideal IPUD district location. Furthermore,the proposed infill and redevelopment of the Property furthers the sustainability and resource management components of the IPUD district,as the proposed development represents a sustainable reuse of the land to a more efficient overall use of the available land (from vacant to residential workforce housing). Boynton Beach Community Redevelopment Agency In addition to workforce housing, another major underpinning of the proposed project is the relationship and partnership with the Boynton Beach Community Redevelopment Agency (BBCRA). The Property is owned by the BBCRA and has been included in long term planning documents for the BBCRA, such as the 2016 Boynton Beach Community Redevelopment Plan and the 2014 Heart of Boynton Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan identifies the project at part of the Heart of Boynton CRA district. According to the 2016 Plan, the Heart of Boynton District has "been the victim of disinvestment over the last 50 years." Additionally, the 2016 Plan calls out the significant planning challenges that the neighborhood is experiencing. First, the 2016 Plan states that the Heart of Boynton District "suffers from an aging and poorly maintained housing stock."The 2016 Plan goes on to state that the housing stock struggles are further exacerbated by crime and visual blight, which have worsened the disinvestment in the area. In an effort to address the struggles that the Heart of Boynton District has faced over time, the 2016 Plan created the following vision statement for the district: The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks." BBCRA Community Redevelopment Plan 2016 Pulte Cottage District Master Plan Application December 6th 2023 121 0 WGI. Moreover, the Property itself is referenced within the 2016 Plan as the "Cottage District", where the goal of the BBCRA is to attract private developers to create housing that aligns with the surrounding community, focused on style and compatibility with the adjacent homes. As such, the proposed development program represents a collaborative planning project between Pulte Homes and the BBCRA that incorporates the vision of the 2016 Plan to provide high quality, affordable workforce housing. On May 17, 2023, the Palm Beach Post featured a news article titled "Heart of Boynton, Cottage District and The Pierce will bring affordable housing to Boynton Beach"authored by Gisueppe Sabella, which discussed the current housing trends for Florida as a whole and how the trends are fueling increases in the cost of living. The article, as made evident by the title, reported on how the Pulte Cottage District project will bring affordable housing to Boynton Beach. A copy of the news article has been included within the application materials submitted to the City. Further discussion of the proposed project and how it meets the standards, requirements, and vision of the City of Boynton Beach is provided in the review criteria section. DEVELOPMENT HISTORY Historically, the property was developed with 19 single family and two family homes. Please see the map below showing the overall change on the property for the last 17 years. f A.,. I .. 16 millo,.tk 111j;- ii.", ,. 71:,Tr ,L72,,,,fi„. p.,‘„,„ , . ,r.-- t, , ik.----i, ' , 41..,,, .. , Alia_ "7.., 4.,..., .;; 14. get C 1,,..). 1E. t4it . ii ..„14,' ,:.- ,... 4 k_, -4-;,, ;*.• •Ilk, It: IA' .,„ 1 ,- :"r- t , '1 4, Flififrk.--1 . •-•,...,,, .. :; - 4, tr-. 1 •06.41,%,...iitt . , ,, ,, i. 4401: r- , . tjk;, - .- . . , i , k. f -Fa, C-• '': • ' • , .. .t: IL- ');,•-•:.; irif. 7 __,..„ A,, .,,. :, iii,..;fk, - , • i V.'''. . 2: --, '' Y'' 4W..L-. -..:, .4,'. . II!l yz ro:, r •,a y 2005 7 2022 r0 =t't WGI Historial Aerials of Property(2005&2022) Figure 3. Historical Aerials of Property REVIEW CRITERIA FOR MASTER PLAN The City of Boynton Beach requires that all Master Plans are reviewed based on two major components: 1)Zoning and Standards Compliance and 2) Diagram of the proposed plan, including location of uses, density, bubble diagrams, height, and massing of the proposed development. For the purposes of this report, the applicant has provided responses below to establish the proposed development's compliance with Zoning and Standards. Diagrams of the proposed development have been included within the full application package. Pulte Cottage District Master Plan Application December 6th, 2023 122 WGI. Zoning Compliance: Infill Planned Unit Development (IPUD) General Requirements The project has been formed to achieve compliance with the purpose and intent of the IPUD zoning district. Moreover, distinct features of the project contribute to the Property's compliance with the IPUD zoning district. These distinct features are the dedication to provide workforce housing, infill of vacant land for residential use, and the Property's location in relation to public infrastructure. Use Requirements The project complies with the use requirements for IPUD districts. The two uses proposed by the proposed project are single-family and multi-family residential via townhomes, which are both permitted within the IPUD zoning district. Building and Site Regulations The project complies with all of the building and site regulations listed within Chapter 3, Article 3, Section 2. While the minimum lot frontage and perimeter yard setbacks are flexible due to the project being an IPUD district, the project has standard requirements in the form of lot coverage, usable open space, and building height.The project's lot coverage does not exceed 50%, 200 square feet of useable open space is provided per dwelling unit, matching the code required 200 square feet per unit, and the proposed structures are all less than 45 feet tall. Process The zoning process that governs IPUD districts states that in order for new IPUD districts to be approved,they must have a master plan and site plan that govern the site. In order to follow this process and achieve compliance with zoning, Applicant is submitting Major Site Plan and Rezoning applications concurrently for review with this Master Plan application. Site Development Standards Compliance: Infill Planned Unit Development (IPUD) The proposed Master Plan has been developed by the applicant with every effort to achieve compliance with the Boynton Beach Site Development Standards found within Chapter 4 of the city's Land Development Regulations Articles 1 through 13 of Chapter 4). The City of Boynton Beach's Development Services Staff will evaluate and review technical requirements of the proposed development's Master Plan and Site Plan to further ensure Site Development Standards compliance. Engineering Division Waivers Please see the Engineering Waiver Narrative for supplemental and supporting information on the proposed engineering waivers requested for the project. In summary, the waivers are provided in the table below. Request Code Requirement Code Section/Criteria Standard The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building A being 19.5' away from NE 5th Ave The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building D being 17.9' away from NE 5th Ave Pulte Cottage District Master Plan Application December 6th, 2023 123 WGI. Site Development Standards Compliance: Variance from sustainability standards for workforce housing The City of Boynton requires that all new applicable developments must adhere to the sustainable development standards set forth by Article 13, Chapter 4 of the City of Boynton Beach's Land Development Code. Due to this project being a planned residential community of 41 dwelling units, the project is required by code to achieve at least 20 points. This project represents an affordable housing community for the City of Boynton Beach that has been planned for some time with partnerships formed between Pulte and the CRA. At the foundation level, this project was envisioned to serve the purpose of providing high quality affordable housing to local residents. Unfortunately, this vision is potentially obstructed by the City's sustainability standards, as the requirement to provide level two charging stations is cost-burdensome for a 100%workforce and affordable housing project. The City Code says, "If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard." Concurrent with this application for a Major Site Plan approval, a variance application is being sought because the required standard in the sustainability code would preclude the construction of the proposed workforce housing project. The variance being sought is to not provide electric charging stations as per the requirement of Table 2-1 in Article XIII, Sec. 2. Aside from Electric Vehicle Charging stations, the applicant is providing all of the other required sustainable development standards. This includes the following features: White roof, Butterfly attracting landscaping, and Outdoor lighting. In addition to the required sustainahle development standards, the applicant is providing 20 points tabulated from the optional sections of the City of Boynton Beach's Sustainable Development Standards (Article 13 of Chapter 4). Please refer to the site plan drawing for the details of the points claimed for the proposed project. Based on the above and attached information, the Applicant respectfully requests the approval of the Master Plan Application. Pulte Cottage District 7 Master Plan Application December 6th, 2023 124 JUSTIFICATION STATEMENT Pulte Cottage District Major Site Plan Application Initial Submittal: June 7th, 2023 First Resubmittal: August 15th, 2023 Second Resubmittal: October 25th, 2023; Third Resubmittal: December 6, 2023 REQUEST On behalf of the Applicant, WGI, Inc. is requesting the following: 1) Approval of the proposed Major Site Plan for the Pulte Cottage District. 2) Workforce Housing Code Waiver for relief from the Sustainable Development Standards in order to facilitate 100%workforce housing. Please note that this request is being submitted for review concurrently with a Rezoning application and a Master Plan application for the proposed Pulte Cottage District. The requests above are being sought for the subject site in order to allow for the development of 19 fee-simple single-family homes and 22 fee-simple multi-family townhomes (4 buildings). All of the single-family homes are proposed to accommodate workforce housing units at the Palm Beach County Moderate 1 income level and all of the townhomes are proposed to accommodate workforce housing units at the Palm Beach County low-income level. This project represents a 100% workforce housing development. Even though this project is 100% workforce housing,Applicant is not requesting or utilizing any of the density, intensity or height bonuses available to applicants under the City's workforce housing program. SITE INFORMATION The subject site is comprised of 20 individual parcels, totaling 4.63 acres (MOL) in area. Collectively, the subject site will be referred to herein as the "Property" and all 20 parcels will be viewed as part of the overall Property. The Property is located within the City of Boynton Beach, approximately 750 feet north of the intersection between East Boynton Beach Boulevard and North Seacrest Avenue. The map below shows the general location of the Property with respect to the overall area. aaaccc J 1 141Ra 4104t t l "s..Lr. r-. ;. .L' iin': 4:4651:- WG! Property Location Map Figure 1. Property Location Map. 2035 Vista Parkway, West beady, FL 33411 561.687.2220 WGlnc.cum 125 WGI. See table below for full parcel list of the whole property. Parcel Number Address 08434521280010010 114 NE 5TH AVE 08434521280010020 118 NE 5TH AVE 08434521280010031 122 NE 5TH AVE 08434521280010041 136 NE 5TH AVE 08434521280010061 140 NE 5TH AVE 08434521280010071 144 NE 5TH AVE 08434521290030033 NE 4TH AVE 08434521290030032 NE 4TH AVE 08434521290030020 NE 4TH AVE 08434521290030011 517 NE 1ST ST 08434521290030013 515 NE 1ST ST 08434521290030012 511 NE 1ST ST 08434521290030014 145 NE 4TH AVE 08434521290030031 133 NE 4TH AVE 08434521290030034 127 NE 4TH AVE 08434521290030041 121 NE 4TH AVE 08434521290030052 115 NE 4TH AVE 08434521290030051 105 NE 4TH AVE 08434521290030081 103 NE 4TH AVE 08434521290030071 508 N SEACREST BLVD Property (all above)4.63 acres The property is currently zoned as R-2 Single and Two-family residential district and has a Future Land Use Designation of Medium Density Residential. Additionally, the property is currently vacant. SURROUNDING USES The surrounding uses are described below by relative direction to the property. North: To the north of the Property and across NE 5th Avenue, there are detached single-family residential homes and a child-care center. These properties are all collectively zoned as R-2 Single and Two-family residential (10 du/ac max),with a Future land use of Medium Density Residential (11 du/ac max). South: To the south of the Property and across NE 5th Avenue, there are single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). East: To the east of the Property and across NE 1st Street, there is a mixture of duplex style two-family residential homes and detached single-family residential homes. These properties are collectively zoned as R-2 Single and Two-family residential (10 du/ac max), with a Future land use of Medium Density Residential (11 du/ac max). West: To the west of the Property and across N Seacrest Blvd, there are single-family residential homes and a church. The church is located on the southwest corner of NW 4th avenue and N Seacrest Blvd. These properties are zoned R-1 Single Family Residential (7.5 du/ac max) and R-1A Single Family Residential (6 du/ac max) with a Future land use of Low Density Residential (7.5 du/ac max). Pulte Cottage District Major Site Plan Application December 6th, 2023 126 131 WGI. PROPOSED DEVELOPMENT PROGRAM The proposed project consists of a mixture of single-family units and multi-family townhome units. The site plan proposes 19 detached single-family homes and 22 attached multi-family townhomes, all being fee-simple ownership. As proposed, this equates to a density of 8.86 du/ac. The site plan has been designed to facilitate harmony with the adjacent existing land uses. The multifamily townhome buildings are located such that they face inward to the proposed project along a new north-south private street, with two of the four townhome buildings having their sides facing NE 5th Avenue. To further the intended harmony of the proposed project with the adjacent residential homes, the detached single-family homes are proposed along the periphery of the property, with the front yards facing outward onto the surrounding public streets just as the surrounding existing homes do. The proposed project includes 0.19 acres of recreation space in the form of a pocket park. The pocket park has a bike rack, a mail kiosk for the community, a shade structure, walking path, benches and landscaping. There will be interpretive signage near the benches explaining the native landscaping provided in the pocket park and dry detention area. Please note that the proposed 40' private roadway, pocket park, drainage system and easements are all proposed to be under control and ownership of the HOA. lea . c ,r '.til lad- iNi -...... "nmiLORI' &IciIli.Unit Count 15 ulub Uensit .7.5 units per acre t , f _- __ ' _ - i ' L r A.r" IS 1 .., id i 1 I t 1,41 11 - p ...,iii. g =IA. -: ii .......4, 1 I 1 adi 1 a.: f ny is Mr. i..J1ki+' 4 .• t . s (111 .`11 i. rt Nt w' ri. 1t II 4 i t i3r r 4.y isir^ riff r 17. r g f: 1 Y k' 0 y i e p ... F lt n., I wuuc.f:n 7.97 acres MO AA 1 t tinil Count:13 units t "' '- r m it9 7units nacre i{i.1t.frc_J s . l -- rr WGA Surrounding Densities Map Figure 2. Surrounding Densities Map Pulte Cottage District Major Site Plan Application December 6th, 2023 127 WGI. Workforce Housing One of the core tenets of the proposed project is to provide fee-simple workforce housing in a diverse arrangement of unit types that complements the community. To this point, the Applicant is not requesting any density, intensity or height bonuses available under the workforce housing program. In total, the project is proposing 41 fee-simple workforce housing units.The units are proposed to be sold according to the Palm Beach County Workforce Housing Program's guidelines, using the lower 2 income categories of Low and Moderate 1. The low-income category corresponds to residents earning between 60 to 80% of the median family income for the county, which for 2022 falls between $54,180.00 and $72,240.00. Homes sold within this low-income category are to be limited to 189,630.00 using the county's 2022 rates. The Moderate 1 category corresponds to residents earning between 80 to 100% of the median family income for the county, which for 2022 falls between $72,240.00 and $90,300.00. Homes sold within this Moderate 1 income category are to be limited to $243,810.00. Please note that the income rates and unit prices are updated by the county each year. The most up to date rates will be used for the proposed units at the time of sale. The unit types are proposed to be distributed so that all of the low-income units will be townhomes and all of the Moderate 1 income units will be single-family homes. This corresponds to 22 fee-simple low-income units and 19 fee-simple Moderate 1 income units. Please note that the provision of the proposed 100% workforce housing units will only be economically feasible for the proposed residents if a waiver is provided for relief from the City's Sustainable Development Standards. Further discussion of the proposed waiver can be found within the Review Criteria section of this report. IPUD District Applicant seeks to utilize the IPUD zoning district due to the infill nature of the proposed development and to also provide a high-quality design scheme that could not otherwise be accommodated through traditional or basic zoning districts in the City's code. Moreover, the Property's location with regard to existing infrastructure, public transportation, employment centers, and community areas are all prime factors that make the Property an ideal IPUD district location. Furthermore, the proposed infill and redevelopment of the Property furthers the sustainability and resource management components of the IPUD district,as the proposed development represents a sustainable reuse of the land to a more efficient overall use of the available land (from vacant to residential workforce housing). Boynton Beach Community Redevelopment Agency In addition to workforce housing, another major underpinning of the proposed project is the relationship and partnership with the Boynton Beach Community Redevelopment Agency (BBCRA). The Property is owned by the BBCRA and has been included in long term planning documents for the BBCRA, such as the 2016 Boynton Beach Community Redevelopment Plan and the 2014 Heart of Boynton Community Redevelopment Plan. The 2016 Boynton Beach Community Redevelopment Plan identifies the project at part of the Heart of Boynton CRA district. According to the 2016 Plan, the Heart of Boynton District has "been the victim of disinvestment over the last 50 years."Additionally, the 2016 Plan calls out the significant planning challenges that the neighborhood is experiencing. First, the 2016 Plan states that the Heart of Boynton District "suffers from an aging and poorly maintained housing stock."The 2016 Plan goes on to state that the housing stock struggles are further exacerbated by crime and visual blight, which have worsened the disinvestment in the area. In an effort to address the struggles that the Heart of Boynton District has faced over time, the 2016 Plan created the following vision statement for the district: The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks." BBCRA Community Redevelopment Plan 2016 Pulte Cottage District Major Site Plan Application December 6th, 2023 128 in WGI. Moreover, the Property itself is referenced within the 2016 Plan as the "Cottage District", where the goal of the BBCRA is to attract private developers to create housing that aligns with the surrounding community, focused on style and compatibility with the adjacent homes. As such, the proposed development program represents a collaborative planning project between Pulte Homes and the BBCRA that incorporates the vision of the 2016 Plan to provide high quality, affordable workforce housing. On May 17, 2023, the Palm Beach Post featured a news article titled "Heart of Boynton, Cottage District and The Pierce will bring affordable housing to Boynton Beach" authored by Gisueppe Sabella, which discussed the current housing trends for Florida as a whole and how the trends are fueling increases in the cost of living. The article, as made evident by the title, reported on how the Pulte Cottage District project will bring affordable housing to Boynton Beach. A copy of the news article has been included within the application materials submitted to the City. Further discussion of the proposed project and how it meets the standards, requirements, and vision of the City of Boynton Beach is provided in the review criteria section. DEVELOPMENT HISTORY Historically, the property was developed with 19 single-family and two-family homes. Please see the map below showing the overall change to the Property for the last 17 years. i t• 6 1.., 4 i rlik' t t.fircotmoi: 4 sY¢• b r YA.k IV "' ' e 7 a t itLF.. i :41/44 - r.,,, it, 'It pi rii;off cy ., 90 A A. #1, •: '11 •• r - Ai. f Vit. 0. AM•'" r,•' I I 15" y 4 Rilk 4•` x i:,..' X 01 1! I 'k: i'•, 11.".1. 2- ‘,.',:f.;,. 2005' irr_..:: k/` ti.ar r.Y c;ll ;•:s,_,i!' •3 si.1 k 2022:1_,r-- WGA Historial Aerials of Property(2005&2022) Figure 3. Historical Aerials of Property REVIEW CRITERIA FOR MAJOR SITE PLAN APPROVAL The City of Boynton Beach requires that all Major Site Plans are reviewed based on two major components: 1) Zoning and 2) Standards Compliance. Furthermore, since this Major Site Plan is proposed for a project rezoning to a PUD, the Major Site Plan must be consistent with the Master Plan. For the purposes of this report, the applicant has provided statements below to establish the proposed development's compliance with Zoning, Standards, and Consistency with the Master Plan. Pulte Cottage District Major Site Plan Application December 6th 2023 129 WG'. Zoning Compliance: Infill Planned Unit Development (IPUD) General Requirements The project has been formed to achieve compliance with the purpose and intent of the IPUD zoning district. Moreover, distinct features of the project contribute to the Property's compliance with the IPUD zoning district. These distinct features are the dedication to provide workforce housing, infill of vacant land for residential use, and the Property's location in relation to public infrastructure. Use Requirements The project complies with the use requirements for IPUD districts. The two uses proposed by the proposed project are single-family and multi-family residential via townhomes, which are both permitted within the IPUD zoning district. Building and Site Regulations The project complies with all of the building and site regulations listed within Chapter 3, Article 3, Section 2. While the minimum lot frontage and perimeter yard setbacks are flexible due to the project being an IPUD district, the project has standard requirements in the form of lot coverage, usable open space, and building height.The project's lot coverage does not exceed 50%, 200 square feet of useable open space is provided per dwelling unit, matching the code required 200 square feet per unit, and the proposed structures are all less than 45 feet tall. Process The zoning process that governs IPUD districts states that in order for new IPUD districts to be approved,they must have a master plan and site plan that govern the site. In order to follow this process and achieve compliance with zoning, Applicant is submitting Master Plan and Rezoning applications concurrently for review with this Major Site Plan application. The Major Site Plan has been developed to achieve consistency with the project's associated Master Plan. Site Development Standards Compliance: Infill Planned Unit Development (IPUD) The proposed Major Site Plan has been developed by the Applicant in order to achieve compliance with the Boynton Beach Site Development Standards found within Chapter 4 of the city's Land Development Regulations (Articles 1 through 13 of Chapter 4). The City of Boynton Beach's Development Services Staff will evaluate and review technical requirements of the proposed development's Master Plan and Site Plan to further ensure Site Development Standards compliance. Moreover, the Major Site Plan has been developed to achieve consistency with the respective Master Plan, which was submitted concurrently with this application. Engineering Division Waivers Please see the Engineering Waiver Narrative for supplemental and supporting information on the proposed engineering waivers requested for the project. In summary, the waivers are provided in the table below. Request Code Requirement Code Section/Criteria Standard The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building A being 19.5' away from NE 5th Ave The driveway for the northernmost 30 feet Chapter 4., Art. VIII, Sec. 3.C.4.n(1) townhome in Building D being 17.9' away from NE 5th Ave Pulte Cottage District Major Site Plan Application December 6th, 2023 130 WGI. Site Development Standards Compliance: Variance from sustainability standards for workforce housing The City of Boynton requires that all new applicable developments must adhere to the sustainable development standards set forth by Article 13, Chapter 4 of the City of Boynton Beach's Land Development Code. Due to this project being a planned residential community of 41 dwelling units, the project is required by code to achieve at least 20 points. This project represents an affordable housing community for the City of Boynton Beach that has been planned for some time with partnerships formed between Pulte and the CRA. At the foundation level, this project was envisioned to serve the purpose of providing high quality affordable housing to local residents. Unfortunately, this vision is potentially obstructed by the City's sustainability standards, as the requirement to provide level two charging stations is cost-burdensome for a 100%workforce and affordable housing project. The City Code says, "If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard." Concurrent with this application for a Major Site Plan approval, a variance application is being sought because the required standard in the sustainability code would preclude the construction of the proposed workforce housing project. The variance being sought is to not provide electric charging stations as per the requirement of Table 2-1 in Article XIII, Sec. 2. Aside from Electric Vehicle Charging stations, the applicant is providing all of the other required sustainable development standards. This includes the following features: White roof, Butterfly attracting landscaping, and Outdoor lighting. In addition to the required sustainable development standards, the applicant is providing 20 points tabulated from the optional sections of the City of Boynton Beach's Sustainable Development Standards(Article 13 of Chapter 4). Please refer to the site plan drawing for the details of the points claimed for the proposed project. Based on the above and attached information,the Applicant respectfully requests the approval of the Major Site Plan Application. Pulte Cottage District Major Site Plan Application December 6th, 2023 131 vn.w..0 rw.io...ax.ST.Nn.m wl.[mn... D rrrte.T LOCATION MAP off. o LE r°" n147 N VI ro...` CATEGORYC.....,°. w..°`° REA.C°r..M...®raa...M.OP.Cr N a...../..../ x.ora r.rxw..... nr.w x.,..o.Ni aww.w1 ..,r«CANOPY,w.omud...a.nmren=,aan.groom pawn,ram.__.g PURE NONE COMPANY LAC r GN..,.mot Arm... or., r... . w..a. SrrrT"'' DIE WOKEN DAN IS yrsaIsAROEDECT rens•rrossom or 1 HMSMISorsiorrm . AD.Kax.x.r.woo5ownWO w.,EMOW COMPANY LIC mx fMOWERg mos roof AMMO KA - moos:-mart worm ors ` IED uu G.w.H 3 H.r.e..° rMOTE MAWS a wae .. MAIMO WWI CONSFINANO Or ONO,SURTAINABIE ITT WO NW IC HOED,INF SUSTANAN I M aIIS AO FMSTANDARDMOTOPOSTSpowNDADERgypPROGRAMWEIBFMITEREDCMROSIEIAANAGNAFW.WHEW USE NERO'MOOR,x. AWAKED LAYOUT E.o.Tr rue •-w' 31 MUT go,owTOAsr° Ymeu, wrn.n. 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I: cL.; 1 ©V ; • -,‘,..."• 07. 1111p "yy wo 0MlmJrmunan.I;1 —-— W W . 0 NARY BI.OIPU OR PENG et Y.e Se p v Fr CWF a ,-'kook, Via.444.30.NONPV, tif • ij I 13 0 ' rill i 171 'Fy•}.'. .may 3 ca m ki 0i 1.'IN,, n,:,.-.-.7M. _ lit 11wiir r4j% IV I---- _ NFwour.m.4 1 m T m m I t\ • g Jm i c m m l I 1 \ I. uw.ut Rwl I I c sdI. w i m IT JJ•son SO,nww>. RwJ I 11 i C tI\ aw O 6 Ep I I yapi I: ' p g Ir:m.Aw.. rt 0101=311,411. 04 wa,. .a,m...1..waRwJ I F :I J U N01 IN1. 9:\‘''.,:l 0110 1,..•....• da••%41.• viset.112,41.1ft. iikt- • '' .igilil 421titi ° '' ' 40Hki- ikii iiiki1 L` I . m 40 ilk I _ t I L—J SHEET r l: 3 FJwwLRL - ; te'\ I JC. L o I LP- 3 m."i°• NE 4TH AVE I a of PROJECT#8521. 00 G 1 F 1 E 1 O 1 C I 81 1 138 C I P I E I 0 I C I B I A B I.WALLS.FENCES.COMMON SUADING APPURTENANCES.FREEMAN,AND SPE AMENMES SUCN AS POOL AND SCREEN ENCLOSURES WILL BE REGULATED BY C.CODE. AREA. :P21POCKET PA..NE SMACK FOR SUCH SMUCNP.MAY ICUTBUFFER 1*1.. 2.AREAT EL PRIM POOL&ALONG CODES TAO MOM..ANT*BOWED PAPAMUM CLEARANCE COPAACES AROUND POO EDGE MOST SE WM olA.CM01111 \ Ehl BNwI... FA.... R . ACCESSORY vT.rc. s IwTlomwaV i 1cA®I ROOF g 1— o F.,. SIE E,a eMY OWN FANO 011 COM ra n,RAc., <IIF3 0E«T.TBAOP 1 1/ c- MKgT..a f M C Sao I I I 1 rcwlMMx M i ivssco MAY se,= mr uac sa I I coaomos r. r I V ROIU.MA _, • A1XE.COOsrw 5RR • • va N.oICI1wI. 111111 b RAi _ i HIH I 1 r. --; PIATIMIMMO a 1BEwo1 or. I I I I Im: E; 11 3Iq 1 Mill Cyhc.J i T III 1311 1 Lir I 1 z 11 e v I IN 4 l v 1 v44S ; IQ' aj . --. 1 111 v 4'........ ! ,., I; _.' I V i kall II , LNmi,-,„...•,.,• !! 4> tl,, I SGS I ,,,,'E cs N 0;,,,; I I.1-' i%'4:, fir "./, 4 ErmrTIMpwtm 1 N o..MRRP, B.. I ;: wersAstiiI 0C csAA1 I R 3v: ocA,wMAlow.q — I.uEwlAro ui i 1STESEI OWE MANE OVERALL RAM EON ENACT I_A m cel PRELIMINARY EMMA MIA awrA MOT POB CCEISORICTION. BOON,CO POMMYESPURPOS WILL MEMO ARE 7,AM man•l MB Ber.11..13µ15 B in IMArwAMEenp..41A E.q 1IRPMwEen;..R 10.M•n PLANT SCHEDULE BROWNING PLANT SCHEDULE CHAPMAN PLANT SCHEDULE HAMDEN 2 2IN s...* #7*FHP,SMS OATEN WPM NAS. 0OOS g_T. COMMON M.M. vOT.IIC,,,... w0*0U.A9. HAT e w ISM 7.. O0 21. cawOBM.M. .OT»dG.NAM WEIIER glMff Mt.CC!TOMO TBEEO 72. al Li 1 (" LOW YES:.M.., wwwww lm OW... MON NO %:WNW:.c CAL c w , P,.Ar. crier iav I.NP... ..ruL.M.. I a NNO NOAM 10I:MO 1. MAT RLDO.E RE.MM." i a.a..c..M... .... ....a.m. NON No wx lJ nmeBst. TMNMMN 1. 11•11•60,. M WON MO I, .M,P.,.... u...•••••Mbo..P+r 6MM ria...ara.soz. RVcra t c.,..._M.a Mm..Ton.SERRUIS ARO.SWUM MOAN F R •,i.Z SENNAARE.r, or, a P...,.... ..r LR.. N# rea.. rs a. r0ac. P.,<AP M Sow PMaa,.•... M NL OW ... YES DSP.. rDE SEC It ME:oir00c` w. M».. R P, r«"romp.gar.. ,_n o CEA ES OWGROM a..LOW .. ,r:...Ir.Mw..,r. `„g w.337/ w' iK.. n MP TB GROUND COVERS NM. PMoww• wo.... .P,,.,. No Ira...aaa. w w a LM M LA..o,.. LOW No Ir w.A QM,w.M If OG ow. N......a..a.MNm..wax. Q 2 m V a8o0 a S N SHEET I0 6 2 10 LP- 4 7: 7.o..mn.e.w.4nun7.70,: • m. M.Mnm.M.c•N.m.— ICAt P a I. 10, 5 OF 7 PROJECT# 8521.00 G I F I E I 0 I C 1 B I A 139 G I F I E 1 0 I C 1 E A SHRUB AND GROUNDCOVER PLANTING DETAIL a ` SMALL PALM STAKING PLAN GROUNDCOVER DETAIL TREE PROTECTION DETAIL 0 Mix V. NII r .rmwwuea« 1gR . m,.wees: m NTa 4.,`',i: O.O wn.e..w evw. ...". r."a, n.e..e.s.n rmu oma .d II R, i'G .o A ' urn 5 tarremwnwsecaaret117A\ C Wait Wee= rili d dee* /4/Weer A1 10' O Ie•O Cep rmmes,teesm.e Ili I ' I I'.' ) ri - I I'1-11 Ii- 'Ir-i I, L 00°'renin,.m„nwrt e.aAliI I I 11 II g-I -1 IJ rs t:w.em.. n 0..... a. roa_...w.,.n.r.,..,w urn_ ry LARGE PALM OR TREE STAKING PLAN PLANT SPACING DETAIL 5 A I IRRIGATION NOTES: y' mwe:xsM NTS. NTS. `1 -- 5. water Source.To cnmervn water,potable wire.Is not m be used for irrigation cool. purposes. tee g es.eeweuwnue w w rata reer,ua etl1wf0own va sAa v ROw•A•RAW MONO OMRT Instead,alternative sources of water shall be used for irrigating landscaping materials such as 1i n au ner"n° t re: cr mvw,Y„ well water,Takes.and/or reclaimed water when available and to be used In compliance with g city oo county regulations.Where ground water is not available of the quality necessary for 7 irrigation purposes.and other preferable sources m atavailable po abk may be wed in wow Pr O accordance with the following requirements: gg se a Approval is obtained from the Department of Utilities: ouneutraorawasaus rmxoaea.to.aes t..,eeeown..e.arw. roc el b. The site inlgoon system must be designed to only use a restricted number of gallons per ^— E n tri month(warn bill): A.i xnnxmann.e a.r.reee.tree..eo.ee..m c The site Irrigation system must be designed to aleomaoally renew all established trees off eeti.eeeae a.w urn. .. eeea A ee. SHRUB PLANTING DETAIL wearing at the end of year one( moi`: q d. The ite irrigation system be designed for simple removal of all established trees on rou crow"" s` t'et y deparan zones from watering at ted end of end flirt yar; 3 i e. All trees,shrubs,and plants(no sod)used in the site landscape design must be Identified a we.aAv wwwt tee""ew^err having low wearing needs in the South Florida Water Management District's•Waeerwi,e PALM PLANTING DETAIL NONAI..ernersaeeeert. publiation;and a NIS. LIQ I. a and irrigation Improvements must be inspected annually for compliance with the' _ rwr.wns 6. All landscaped areas shall be provided with an automatic water sup approved iwswse'. 1p1°Kero tat'w tevev iso I' ••..- I•^ rel, ," through lend dmlo xsereaneo gay system a i,., ,i' nn Vii_-I i gh a prem perms(see Chapter z Article M.Section 5.I yCM,ala. ter.se we.wrresreew.. 11-11-11=h ,j<,q.Y,.. Irrigation systems in1ensuIIIIII _ 1 n shall be designed u follows: vll. r 11:III_ I.a Topa d the minimal water volume based on the particular watering needs of Individual t eteutswswnese II II=11 II III IIIA .I -TI,'I 1- nrotaane bhnt spec pe.an f.y_j'r CV.an,cr 11=:.II b. To consider soil,dope. t d Doer she choancbristla In order w Minimize warn waste. 'aNEg"^F a N•224311•A.A•MAG MU 1....01022/141•11•1MAIASIII including overspny,the watering of Impervious surfaces and other non-vegetative eros•and los 3 I AP e: rrwanwwn.unwwvmrrmwn.m.c cup To mininirse free flow condition erascol damage or other mechanical failure ST gt swutowrraw nnv d. To use the lowest guilty warn feasible Roused war may be required in accordance with rMOToma,meaar „ ROOT BARRIER DETAILwith( o i °` A Chapter 26,Article VIII of Parc II Clty Code of Ordinances H a main supply is within five _ V nrwwetmwa..reeaw. o NTS. hundred(SOD)feet of the she and permitted by the Alm Beach County Health Department '•.. irc' tll' t tsrna.nutaswm wao,reereewoewstewAMeeauw 1•1 POOT OM c To include rein switches and oder appowd devices,such u soil moisture sensor esn.ruswwneeuveu«F.ar.teem re eeeesl.scr.w ere MIN4161„.., e,,,as„,a«.,,,.,,,,,,,,,,,o,„,•.,,., d,e.,,ro-.,,,o..,,,t„e n to wl.n to prevent unnecessary irrigation PRELIMINARYrv.reewwr. nnsaiva..mese.,. I A recommended season openong schedule and average recipitation rites 1«each rx.x tiv n. n oo tram 0..irrigation zone for both establishment and nnJntemrce conditions shall be provided by the r rrez,esrlut at lA ut .. num system convdler.emN'a PFm.f 11 I'y® I-:' erne. w w. Aglyg/ tl 1,,,,,m g. Provide the following minimum capabilities: PURPOSES. aI=PGY 11.PA '" a I A`' eemn - 1) Programmable In minutes.by day of week season,and time of day;11` ii- II: AIRI r L'." te'e.m'=". r Feed % 2) Abrin m n<oo ft afteraadequate start dna and programs) 11.11312 1',2023 11-11=11Pia= r',' . . p LA' L essae r 3) Automatic shutoff mer adequate rainfall: 1gy4) Ability duan fora minimum of three(3)days:ren/ r .+ r 5) Operational rote Mxibiloy t n power s d water conervaoon) ri:teed a, ` IP:u wares Ea qty to meet app year-round temporary weer shortage restrictions.TREE PLANTING DETAIL w.eemw urn...esaae.eeEm.e ew„.....7.--r—,, m w S requirements and a ho T••••••••••••••••••110“••104•21••••••••••••••••••••••••rwuesreawmese NTS. q-, i,,,'=y-=1 h. Precipitation rues for spnniden oandpe all other eMuws in the same zone shall be matched. wra.a,w 711-TLll I II II a l l IT-II-II T . except that inkoirription emitters maybe specified to meet the aquiremanta of the individual 1=11= 11I1-l=I). W-' II t 1. , plants I il= =-' roes u. I. To consider factor that maximizes H such as.g 4 . 1'-- r awemn.ww w.n,.. ( I) Emitter typo; May 1I-- redr2) Head ter rte tJ ofO p { 3) Sprl^ espattern and 17r% 11411111 nlwaweuaenec.wwmwowwm eeswaae o-em...m' w.erw...e.rcn correlateat Waterpr sure a de emitter.5 a ill p TYPICAL PLANTING DIAGRAM w mm.n To ala in to the organization of each hydroune All planet requiring watering during 1- = o NTS. establishment Temporary hcllitiee may be installed to facilitate establishment_Irrigation must ti awrrxK be conductedaccondenc with restrictions imposed by the South Ronda Water Il ` Management Disoict(SFMlD): Q a I I wow=raw i - k. To avoid irrigation during periods of sufficient soil moisture.automatic shut-off.uipment L j g Cr-Q i neon nweneoe.o I r A F wid penning device shall thebe required and red: from•well.a constant_ _ r supply galore system ispressen flew control r - - device« k with ed hall be required m minimize Ila N O 0 nnrmwme.wrrc w,v w en' Oii eeee.u.mrwea« ta"°w'ee 40.0..U.:' : pressure tan rnrrnrawonwmw swan wreavm 1 equte capacirys aqui pump'cycling' heti'0n O eremouwl err car ssvx A a me Check Ives meet be In tailed sa Irrigation heads u needed w prevent low head drainage o its 1.011•1111•112. gamma 1 e 1' 17a re is a pressure ch In 0 w ,ern.. yK ' TOW. S. 5 I the puddling. t 1 r,1= µ^^n, e w- mer y j any pe precipitation nus for all hinds within each wed circuit must be matched m. thin g, III bet Ilit w 1,1 nmawwrm,ou.m. r®. #-a"'. 0 5 e o.. emy wnne.'ta > ()anorri ox er Dee 1 there II=II=11=132.1:.11.%-.i.411 MOiaw^"/AeO'm1O1 res f -' (• I g o. No water spray from irrigation systems shall be applied under roof overhangs, and cavum v" n" .wrtw. crou fe I o. I, I p. Irrigated area shall not be lea dun four(4)feet wide.except when new to contiguous areeee..nnairos e e. 5 11.11=11=11=6),. rrmeoc a, fey rune..w property or or spa 1L4" resit T,}.'rw,,,,,w, w using miter ant nay irrigation. A A anree.00s.un rawc rr Fy lI 1f q rep=irrigation maintenance schedule sMll'ncludebutrotMl'mhedrocheck-1,__t_;xA J' a47.....rsr.sowrwwuwme.wr..0 11 ba 4L'r Ar lain Ig,a vnssmoomc""""uesOi' II II I .r _ a .... adjusting area repairing irrigation equipment and resetting the warmth controller= cording w.eaa,en..m EnureImarcearosomerranthass . II II11 II II m de..sten area inspected by the city.IIEgg!,I' t{* {k f( a -r To maintain the original performance and design integrity of the Irrigation system.repair ofSHEET4011 wows r.aor..0 o n,rses,e 11111-11=1111: 71 Ilc ll I xll I 11 11 II I-I-I—I II. I- the pent shall be done with the originally specified nut.=or theirequivalents.u=i a—n-n:it r=1rFnnu-— -n u n nn n m11=11T.1..._,,,,,, n—Inn—n—n°n—I LP-5 n—,I=n=nom Ir.6 OF 7 lTMtfa001AN OIA0. 11. n.mw.m.. a n.. v' w' "•'m"^ 0 e.PROJECT#8521. 00 A I F I E I 0I C I B I 140 V I V I 9 I a 1 a I d I 9 00'7258 4173COOd 0.E MOM « w.r.•mm..f._.Mc.••.14.n.. 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P. 1....wu.....w..w.........w .f.....4 .a.....mw......w... r....0 w me 11.1........”.......•P w ww..p........w••••nw.w....0111 . nw p uamre ey, 0w. l va.0040.w•••••...n.. i S m...wr...r._.m.. ....._....«e ..ww..am.........wr....aw..or.a.............m.w. , 4141. ors.o_.n....p.w...w.'. ....6........................I w.r.... m.a.m.•.w.+..4.w a..."«.. •.Owe•••Wm.,.w,•Au•*u I:ww«.w.w[No eh•.••PPv««iir ww...:'41o......................" wo....w.o....p....m. o*PIO..m1r'. rr..... Iwolo•pmwh....w w...mw ao..1.0.•• ....w... or...._a.ataw.+....w....o..,..[a 041.1.014 w......n...m..[w.........w......w....*..w...w....... w P....w..... w w.a.w.......a....w.w....__ w. 4141 0.......WO*...ELI...a•1....6.a-oo.......n.ww..w.m Z g 11".a..m4a.0.P....w a+.wr.m•+.0.1••.«."'"""o...`.•01..w4n] w..w.m.....a.....m'o.....0......... ....r P.1..........1.10.1111............4...........................r O o f'1 ov.m•Pwww..e..P.......pww..w.D.wam..«.w..r......ww....o.a 0 P. P+......m•` 0..r,..«.c0.4141..w....w. f.......... w........6a.••a.m. w.wP.ww..w..w....ar w,..w..............w.+.......o.....m.......... ..n< m.w P....w. ..m r<..*4•N.mw 0..o PPS0m... 0.w .. wa...a....o. . w.a..m...w.a..m=wPww......a.. ewr..a...................[ w...w...w.w...e 041..0 w.r.z w.w.,..wr w.wP..m.r .....00 a maw. w I.[a n..u.mp..••i4 ....I..w...11 ww•w «r...r•®d. m9 D .111hm.P., wwmm.... 0.410.. m.. m..: 141 OA+AA LOCATION MAP I.® s . NWINTONEvAGENCY x 5 PULES NOIN CONVEY PLC 11 I'.t. s. ARCHTECTRAWNC.COMPANY PLC 0 UE. AA INC E a 1 11 RAWER O I, 30 o i WO.INC TAWS EPIGRAM W IKOPOON EACH BLVD IPo GROUP.INC IIunaWO.R I I SITE DATA PROPOLARISED FOOTAGENE5THAVENUEa w E' neR.e. w1GE 1 I EFOO,.GE I wr 1 wowwcrunw REDA E-E .EE.,'1 wow MDR Y I PROAos®:OMIG An Ire.Sr I I MOOR OF DWELLING UNITS*ODES, I 1 I nunruariowiwore au I.:7.1pI mrc 01008.1 e g gGUFAMILYINTA0.00 I I a I PEOUND U1,*FOR AO,o,Ha BIDPROMO111a EO j ' VW AA I D,AE.r.r.,w.. PEA UP* I LIJ sn®QUNIT FixAO ver IIP 0 lliwnw • I•IA . r e_ BOUNTY•3 VA=POS UNIT(I DRIVEWAY•I=NCO X•UMW ON SWEET GUEST PARIONG SPAM i 1 II} I y # I ' I Is 1 5 a P ild§ll % I I g PROPERTY DEVELOPMENT REGULATIONS I J. g\ III, . r.• IA I AAW01IDLm PEO SE mo wa Er ... 1 1 MOUE=FRONT ODOM WORK. EMILYoWII. flI 1 PRZIOLE I W U I , 1.,..! ,,, N.ru•Y 1 vF RECIUMED INTERIOR ODE ae0vnm.M 14 V.,. rn y r MISR.aQ rive z r. Ids AmuwEID CORNEA EIDE REVS I_ NOM= C Cz IS 1 R..rMArERM«AID n. c g r MOM*CONWAY WIN.ARCO=OEA q J G LL d 1 MA I woErwwaaE,wIC1,EELLbw*e W SII !JJ r I ,,,;,,,.i LEGE/4D 4F 0 2 AAuI1' n aa ,,//lege®\ / A o.'J ).. 40 I "1" Ir 1111=11.1 tp Ail Ii ! _ NE R.moo r. „Y a Oi 1 m 01PA. • EN" ACE I POOR I UT OMEN, zoE..c 1 I SHEET: a I MOD 1OF1 142 D N §R Browmnin Nri CONTROL DATE j 011261201 8 DRAWING INDEX I GENERAL NOTES SQUARE FOOTAGES Sheet List Table IREYMANS HAW 9TNDFSIGI1MTOWET,KFRUIREW1112aF BASE PIAN AND MASTER SET AREA TABLE 0 3IBhselNumberShatlDeFLORIDAemwe.G CCU 711 ranOR(2020)RESIXATAL Descri.kr AreaG1.1 COVER SHEET 2017 WOW,ELECTRIC CODE 1 T1,. r All FIRST FLOOR PLAN Aims""`" CONDmONEDSPACE h 21 A2.1C01 ELEVATIONS COD CMU-BASE PLAN 1441 SF CS1 COLOR SCHEMES NON-CONDMONED SPACE liPulte CMU-COVERED LANAI 120 SF CMU-FRONT PORCH Mil DE CI OR COL)32 SF CMU-GARAGE 429 SF U 1 E N R O I W Q U i IMICOJC, Q/ 4 muv wrt__00/DOLDUW el o.nPvmnw a E). r WIDTH&DEPTH SmgleFamily BRENNAN BOTH DEPTH Rilh ". a I w Ix,ra2 IBASE HOUSE-FYI 45-0' 50'-8' M. !w N ELEVATION FBI 0 0 1 4 ELEVATION CI 0 0 ' t_ ,s.::,/,s.::,/ ELEVA71ON COI 0 OG1.1 COVERED LANAI0 +10'-0' 143 LEGEND lin n[Jm ..mow,-C.C.OUR w VP ar, n sync nu rn P. n,,n '1 , w r:0 0 t , ar Non rr,,,m . a N Ar Md noro rM°r m.n..2¢r.-r/t sr. r-r ,r-r 11 , rt , r rr ., iff MAC r K r I.®wn At /I m. 111151,5 if UM v tr rr M r m rw.r. r WO :.TM RAMC a.. mater 3 Waal_ Wma om oEswrsmar..arvs ir ra war mameuennenllnemniue= _ 0 i MO Br5INCTO OM 5.1 Br mem rm 04 snr. u roilma e5"°I.1415 411.1C10.41,1105 CR p r rc OWNER'S SUITE F `-ar ../ GOERING ROOM I. pelta 4.,__,. F F 1 4 x r-r 6 u ][\ o ® W Is t KITCHENrrr r-rr r D 1,all Y N TM w7• . 44 I . all 10 ' L A s, rr sr ar 0 Si' , I A r e a 4 1 w r.'1.. . I I e BEDROOM t>— z AED9s ... y a wisa: ICIPM aaw i a-.r r-Or s. 5-r ' sJsy , rrr r-rr, rr , 1-1 , Zi8FOYER e. s ter). 8 r ` 3# II a E 41 2CAR GNIAGE4 iii' Lia !Ik 2 E k WC wwn mcnlxa wp NI w I vir( U o..S e^) mtAc rr - ierr j r< ' n Mw. ® 1 00%xloom rr rrrrwrrr.s..I eror)ma. unorns y WO MO IIiiBEDROOM3 r"r( W.. S r r-r, rr err, a +., r nlor na.n. A-__- Z rr rr 1 r-r RR FLEW. i __=EEE ar iBOw 1140.104 BRENNANpA _ 'm ENG N'EM%MC nmasons, ltrowning ft FI FLOOR PLAN RANGE HOOD 7snsot ' VENT DETAIL All TAU r.r r rl 144 ON t Nt,-,,z1 rr-1-1 M@ I 1 4 11 mt_ u s oma"Ys II LEFT ELEVATION RIGHT ELEVATION MA T& v set,ft.,r 105 A tee f3 mi. ..w ii REAR ELEVATION ATTIC VENTILATION- T_,{e r_. . .., , 1 I e III. ACRIALATrICAIMA TOM . IA VW 11111 11111 11111 11111 11111 11111 ® • - I OR a. an. 9"11111 11111 11111 11111 11111 11111 OE 113 e,1 t 11111 11111 11111 uu1 11111 11111 DVI 11111 0 SILL DETAIL art a. an a. .n. 1111111111111111111111111111111111111111 - a" ue =XS , >N MOS MO IV sgo am o R FRONT ELEVATION"CO1" B j ie'u.m . XI lox FRONT ELEVATION WINDOW GRIDS PER COMMUNITY SPEC... SOX Wi[MUM PSI MOO= 1OaSOL . l IF ti 1"S tlEd A 4 Iwo IRA L 's a n w.r , L v 4_ • = P a 1 ! 4 I rr rr a ," O , n 0 Rai r z z g BEDROOM 2 PEP P w elite o a G a-at ,, Yat"; 3.4 s-9t rat r-,r, 14 , t-r , : FRIEZE&ANDIND DTI C 11 11 FOYER TO r!_` ii p,fa oip a iv SII f\ ,--,.l aRa4A 2CPA GARAGE AII-- N w BATH2 t i. A_ .. mar s I IM P 9111 MILL -- A r-- s T, s t• t , 1 Y. a IMMI,I` $-- 1 1 i 4 tMOW m t 11111 , "* HO PORCH _ BEDROOM3 a Y21 Y e = GABLE DETAIL o_ T— q m11111111 un_._ 111R1nm11 Ship FamilYrt-• BRENNANEgC rr; a rr; 41 ; rr ;DI Emig,-.... .,,‘,.:,,,T..4 .,, 14 rr 1 1,1 Cr 54 M..1 .I :-• ROOF,- PLAN PARTIAL FIRST FLOOR PLAN"C01" 1 ` j 1 r-.r 145 ON N1 110 Coastal Color Schemes e0 3 1101 CO2 --_- - --- ----- :c- _ C05 Cos Is_I 09 Mal Ear. 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W N00094..9 r O J CeyEIL'II BRENNAN144W4IST0000 hdirIt xi v.-,^- sr w 1100110000712 r 146 Chapman N CONTROL DATE c .1 012612018 u .A DRAWING INDEX GENERAL NOTES SQUARE FOOTAGES P. v 4 Sheet List Table THESE F1ANS NAVE BEEN QE9aYm M'FTO f ME(lEQIIR[1Qa$OE:BASE PLAN AND MIASIEA SET AREA TABLE 3.° Gi _ O1 EGl ROW)*RANG CODE 1M EaInON 1020 IAEAPIAN_l COVER SHEET 2017 MAMA/.ELECrmC CCU DescriptionArea 1. 1 ;Al I. A1.1 FIRST FLOOR PIAN MING Trio Ni A2.1C01 ELEVATIONS COS CONDRIONED SPACE 41 q I CSl COLOR SCHEMES CMU-BASE PLAN I 1662 SF NON-CONDITIONED SPACE Puke CIAU-COVERED LANAI 117 SF CHU-FRONT PORCH(F111 OR Cl O2 COI) 25 7 CMU-GARAGE 463 7 U N gO i U T Kip Wrt 00PV,100C r WIDTH&DEPTHpOSI BRENNAN e NON DEPTH _ EN-7,,,, CMU-BASE HOUSE-FIA1 10-0' 5w-a' OK ma2, 1i CMU-ElEVA110N Nt 0 0 ii1.. iaCMU-ELEVATION CI 0 0 egf CAU-ELEVATION COI 0 0 18.705 Piro... 147 LEGEND 2 v §g' eaa ..: 70 MPZIO:=•Q{a 0 r 14( vnaw '-'r t +- rr{ r{r f-r I 1,/Ci erezem ff MO ni..0 DON m ronn MOMS 1-1/7.01.0. t ae®sof { I . t f error COME Itonaam::r.m Ill al L le 9 W ( j 11 2,6 1.13wais:m snwwc T. 5 ma mu.r•+ a OWNERS CAFE LANA a m ewmwa m a rmwm a Iran.ams 0 3 p5p l/rr1 E $SURE Ka REVIMI O O.IMO 9.1"1111111311.11C Ymi 0 t4 a9.ss mm MEN.warm rnmffiu 4.4.:11 .,I•'-rr v-err F 4, 554v.'rus°cio la>w r ac ma sous rowan m saws no OMON i ilCllllUIIV— Putty • 5-5 5{ Y. tiar GATHERING ROOMIIaBATHIt 1 ix1.4 = tl roma k t a 10TCHB1 Insryrr-r II, pt F z Z S I.,, .- 14 i Jr. BEDROOM 10 6 ...... _ 01 t 04MC r-r 5r 3- err iv .EE.jr3Tre Ai sus L.92FLEJ s;0',_,va i 12 g F ER a l tof ME UMW roam#a r 9a..a9 n. ra(u w.ar..)te m •. I BATH 2 sntls.l i o__0_0(5),/0000ayWAAGE2 4 WI erl+. wa: wlr... am¢..I WM mga BEDROOM 3 uu.mi: 148 ON AN 1 4,... i 146 pp p' 1::::.7. Er' mu"u rlNl@10 A VI r W." t fr ti 4 LEFT ELEVATION RIGHT ELEVATION 1 1 I,rw< I,r•ra i-1 -a ji MTS n i 1 n nt pQ F. Pultee1/11]:. 1111 4_ r ED11111®11111111111111111111® - go REAR ELEVATION L IMI 11111 11111 11111 11111 IMI _L r MG'""` 11111 _11111111111111111AI Dn CMU SILL DETAIL ATTIC VENTILATION- p'A ''. IYI I I 111111111 IIIII OE .::,, T,CANMA 1Wx.arvan Hen 110/1 R•ri TOrGrml"rNaq It aarc 4s 101M11 FRONT ELEVATION"C01" B I 1op"m RMPAISD FROM ELEVATION WINDOW GRIDS PER COMMUNITY SPEC" a rr. a a arr. a" ulc 10,13, 0.4 4 ON EMI 16 I-If 1 u r1(j r r r-r I, •I>.r m.I;./ae 90111.1.1.0941-' YO'VAC! P*`r ac1 Pri ID=MIT NM SW TIE L, maear) rt 1 S S' tall I .I WC al,ra 111,,,011311,...161111M RR WOW, I-` ISM BEDROOM 2 OE 1 II al 1.M t—• b, w 1 aa, rr rx rte rr w Fff1MpNODR III, b° I-;"M IR CIL 41,14 I IE I n 0 ev. L_ 2GRGARA(cE Is li rBATH2 r — •'. MU 11•1. 112 i I 11 ft%uTX.' nllll a_BEDROOM 3. J., Im!MIIINNI rrelroc 1011211110• 47 14. e.e _ 1 Y 4' _ 1 M GABLE DETAIL000100EOMy _ 1 11111111i y noE' F BRENNAN t-} Ili'Ii1P 111 -----m=_ D Ir -ENGINEERINGlVC NGMRPr1 i/ r, ''' 70,\P I r+ RJ 1-11c r,1( r-1( 14 1 rI Q..RM 'Hawa' 1-r ar Wt I810500 4 Y e r SNIAZ1•'ROOF PLAN PARTIAL FIRST FLOOR PLAN"CO? a L.qr., SALE I1/4,1.4 I llff IL Rl.ltlll 149 Ft oNI g Coastal Color Schemes 0 v i CO1 C01 601 CCM CO5 06 O l' Ll new SW 7006 Extra SW 6201569n SW 2003Te. a SW e1561011ee 1rro513SW 7672 SW 0052 Own 16a 16 1216 2 1 WM 13713 r 122120 1.( 221CMO+ 6eeb1 6. 7( 141206 091• 012311 7111 211 1203212117) ( WS S131W/ Im PukeGrOnr SW Eft Fars SW OW 3913 IN 7CO3 Than MEW SW COW Pawl IeI1 Wry * SSE 219 allow MO no VW. 1231 Tib Mfuclu3abr enlve. MtA 6W11032131 2211 2221 221 1201112217 ME 1131111 1W1 T. deer SW 7006 Wm 6W1303Mae SWSm. e. SW 913711611. SW/ M6w SW 005714311 Ali I ' 419721236239 mop( la no wow 4111 WM.( 2312 195 Meows( 167 6. 76( 033236 Sian 1211 1111 2227 106) 165 1611 197) SM 2013690 MOM hod 1W 20536. 76 5W 7020* SW Pa? SW 3203 SporeTWA W1116( 111112a 11., 5 6. 001111 WM21220222 Clyk0er 1127, 5590.( 22320 333) all 10171 2201 1201213 7211 SW Am 1. 06 SW 0052 Man SW 071 On SW me SW RA6e. I SW620139Ae 1 i brain W1see( 766229 6761201206 Thr00131( 2m 52200695( 133 117• 16 1271 217 331122.( 276253 2361 1371 106 21101 1111 1111 207 2211 WY OMISl5121 0.2001 141 7076f D.. Dale SW 1311Menw1[ 321 ( 123 M.. e( r S VI Tai WM.AY 6721 er 17113 S1 111101 1191m) 72 731 111• 196 t10l1q 11f) 419 En. 559 a WSW.* SW 7653620 SMA/! W973A031SIW VII Snow Ow111W( 231 131/ 609011303 020101113 J: 1 WIr( lmm 4116.( 221217 WNW( El 2711 MI u 1221 nR 207 221) IW WW1 2293113 7603 0. tontRTS MS AA IeSW WE IeOaar 0203320( 51 S1 111. 95• 0111714 WaaFnsOe OE CMen36o( 18 WIir( mri2 Mims( 17113 SW 142 1131 lw HE 77 771 a7 b) TeW36llalp T61N. l0em T13a61Mae 113A1en9rws 7MA* 70 6lllTOunn2am unsen0em Ambit / M glee 6 676 76 641 6), 17 INNSPew- U 7 trim arra. late 641. 6410 6. 11( WI YWY Ni W O rrW• M l.. a nr um 3ra War lea 61. 6113111 YAW Whim W N fent F• J, O O MI....,— la IiDF. J1 C—C BRENNAN v WW1. e W31/ 1C ow ow, nsw sw PIIS awnllMla1111111 MILL.. 150 Fl a e ri N CONTROL DATE la m(P 19 uA DRAWING INDEX GENERAL NOTES SQUARE FOOTAGES 1 A m Sheet List Table THESE DANS NAPE NEB DESIGNED TO IEEE INF A0AIRDIDOS BASE PLAN AND MASIEISET AREA TABLE 0 ISheetNumberISheetroe —, ROMA BMOC CCM TM EDnd(2020)NFSDENn2L Description I Area PG1.1 COVER SHEET 2012 NABONN EUCTRC COOS A1.1 FIRST FLOOR PUN BUILDING OPE:t8 W y y p p/ r1yT A1.2.1 SECONDFLOOR PLAN-OPT STORY CMU CON:IROI SPACE N 1 A2.IC01 ELEVATIONS C01.2NDCMO CMU-ESI FLOOR PLAN 002 SF A2.1.ICOI ELEVATIONS C01-2NDCMU CMU-2ND FLOOR CMU PLAN 1020 SF AL CS1 COLOR SCHEMES CMU-2ND FLOOR FRAME PLAN 1020 SF •Pulte NDN-GOND LED SPACE CMU-2 CAR GARAGE 443$F iCMU-COVERED LANAI 120 SF CLFU-FRONT PORCH(FMI OR CI OR C01)42 S o W i 1iim iQim 1171.(SCRP. er- - H v p- - WIDTH DEPTH 90 - F 9 BRENNAN ENOMEERI A BASE HOUSE-FBI 7Q-0' 4Y-7' Ala..met NG 11., Pulte I.ELEVATION FBI0 0 `"' W ELEVATION C1 0 0 amden 1 ELEVATION COI 0 0 tai'ii f COVERED LANAI 0 +tU-0' s,„, G1.1mea„,mmarA 151 LEGEND 1 I, rs 0 MIR IR•FMK m. ArMA• nn.s ra burn.KM mai Arm"Ax OS PM w m®aim.f tior. ,,er , w-t 7, , r}'/ 4 2a6 WS ASi MO w Ill iU OM ' o,n nolo nisi ii f'll'iTttn'inni, rIK a,s r•-714 W.NEDWIN 3 lir II.a maw oic[r redo. .. ji 1 TOn 5,,"a10r@"A,lir ' 0 3i P{+ CAFE O,um.IAmx 0 Ink.MO 011 MIS guitP/T 10 MIMS 51 Rv STIPOSWk. WI.u1:u57Aw4xi0n['JAI ^ (V Oaw a W f1i oc e e l GATHERING ROOM E. t¢ KI T'CHEN io i; alI Y 1...,ut -- ,,, 1-M J( y r 5-if Yt ?'iJi 440010. NI;h' JJfFyty k. ti 1 1STORAGE G; n IDriQVC.. g!'LT 0 MIL. 51 o b 1 a 2 CAR GARAGE'4 7-117 tar f, r-r 1 ' * 8 STAIR(:ALCSiMIROMI11, retirF AU 114.10 no-HANDRAIL WM IT FR 00/00/0000 ax w01. 4 w9, rw7, -ipLlIMI l- i, i/r[ iyi aarA wT11.1QI hmm71a arxrtx a Elrl144jr-r STAIR DIAGRAM o 1A r- Single Family B R E N N A N SlFIFjpjFLOORPLAN EMINEERP4G INC TwtMU w „ menden.-"°Q!'a'"'FF- ff A1.1- J 152 tu o'INa td r-x , w-a Z ii , r-r , rdr raa , g It I 00 E. BEDROOM 2 ,Iii 1.wOWNERSSURE kv Pula 1OBA.2 r G a Ui 5- tr E. a\ , e iiiiiiiiiui r y m - N 5 q I — #IgM BEDROOM 3 WAC LAUND• _JI 8.unma.mm.i ompM 9 i 0 TT run m1 irnry nz' i____ J U t-01- r1-• r5-1. w I, r-r r ` r WA' y ax S! 74 i 1 as p00100E L Mums J a y r a-- 8 6 SE99ND FLOOR PLAN—OPT.2 STORY CMU 1 Sm;je FamilT IBRENNAN ENGINEISMODC 13,7,'"'''o um Hazndelr i i'it f A1.21- _` 153 g MOM i® I O N rT-„,,,, v,,,,— 1 tr" tu u alg t t, g GABLE DEAL TRIM DETAIL 6. 0 ma IIIII® 11111®® Illil1111111111 oo\ W N I 11111® 11111® El 11111 11111 11111 14e — INEnri® i 111111111111111 0 0 GroF FRONT ELEVATION" C01"- OPT. 2 STORY CMU ' i FRONT ELEVATION WINDOW GRIDS PER COMMMII9PEC••' YL BEDROOMS 11 enc F CMUSIl. DEfAL LAUND' r JIIIIIIIIIIIIIIIIEt B ii 111I1 IIIIIII IIIIIIIIIIIIF. 111IAIIIIImpnhIIIII1111NIIIIIIIIII= IIIIIIIIInI L J IIIII ME * 17 MIgMlirriaalli !, sao I I-. 711. 1. 1111111. 1111 ... J CMU MEI BANDING DTL PARTIAL SECOND FLOOR PLAN" CO1" 0I, 3 IMO IF C I q1gy PRi I9y A-- l= aal Q .._,„/,',,, 1 E - Y sao , 4 wi A__ 2 CAR GARAGE 1 r- nr rwr j r- r r 4,___ 11WIL MIR x r" nen mr na atnl.. . Ma ITA PORCH{ E+ r r ti8 4 re aw. ro mu BRENNAN M I IIIil. Puke vaemlw"+[ sr- r rt n t 7.=: 7,;„,..,: t xr I! Hamden -- ' •- 1 r lI* r D COLUMN DETAIL LlE R• ra f PARTIAL FIRST FLOOR PLAN" CO1" J) A21C01: µ... rab. 154 1e vl8Rcf, N SI .."1 rAa1NNx10ra A 4 X1 3 ra r, ma.1R O LEFT ELEVATION RIGHT ELEVATION Putts ATTIC VENTILATION DONE 1- -ATTIC VEVI1IATION DONE 2- eleru Neu aa 1 N a1 mf 4 art. 91 R _50.rt as aR 91 Ot art. saw 1O NPR SRO 1en0 R0 « un rue 11001,,R415 Ovlrl OI® na RRM MOM oaMn art. as r sant,sat Lain.. sant sax IA a R. sae Ott issae NMI a Nal am N6 PARC,OR L 9111 nit Na to OM 9a'n1 nRc 5916 MIMI a /Wirt 9Men..."MR 1m-1 aRJ an ....tura. onnMOM lawart) On saw Wi11 N9 RIMER rt. R am It l 99elI RINgNIIr R1I!er WIMP RN Alvan oz oll o1 o azaae 141I Er la t rn r mom ra ZONE 1 11 [ L m.,'e a 7 6REAR ELEVATION rM M S KW TrE I Sm•eFBRENNAN ZONE:111 r ewcn¢wae e¢ ra den ,.ra4rromee iu'i ROOF PLAN 1 A21.1C01!-- s.- '....,_„1 manfn MP 155 oNri14 144 Coastal Color Schemes I, 1. 1 COI CO3 COI cos 16 0TI 1a 443.. WS 706mF . SW 62611970 SW 1003 Toe. 18141 SW 7372 SW 00321w2 1r 1- ( r+ 338. Sawa at W0101238239 W144e( 218 728 060( 2) 1121 ( x01} 22x111 3. M 4110 38971203106 3" 1 N to 104. 28 282) 221) 211) 1193 131 Ill) 193) PulteGxdq SW 7006( 01. 4 SW RCS 1wa VW 700 Town SW 7872 SW COO.. telt SWM: IMM( 238231 WI. 122821 WNW. 11i1114 SW 91) 9186. 61 1018. 3 41., W) 1A626 2341 2211 2141 16} V x]] I ( 1. 1131) 91 297) 297E iba SW A6 Er. SW 62611. 97 SW MOS 132, 07. 1. 140. 477 x6 169 668) ' 015 2 1411 SW 110. 0 VAII14 TO WI. 1x21} 2! WI. MI ITT . 00 1141. 1897( 187 6) 12326 111 VII 2a) 1961 168141 W7) NI 1001 Fnn 14310081481 SW 732 Wn SW2170Site SW 2067 101203118. T. Y. SNM.( 23121 Wn( 20101 714. 23118) AN. 1223222 C7. 4, 11I1 WA.( 21224 2. 1 17) lb 1111 2201 121 UN 2201 SW A01 Fan 318653 Peri SW Tri Mn SW 511 SW/ 5701. 0. AW 9. 701 S.W. era White( 2) 92. 60nfw16 197. 18.. 120 Aaee. 11 * 141223217 Wt.( TM. 2141 1971 201 201 Ulla 107) 2211 I SW 420 SW 70111 IWAM SW6m I Mal C7708 O 7t.( S3 SI II 1122 1be6. w.. e( 1) 9 CO... a... les AW'. 4' 111**. Tier 1x197 S) MI 135) IN MI 20x21 TIM 1) 91) 9 R1 4. 484 MAN Er. 2080. 2141 AV 1388) 9 TW RAA 1.. 70100 MOOT fp. Dow WI. MATO 0.:( 20120 C.. 11) 9 1...( 220212 WW1*( UM? 31/ 1441( 21 UT TTII 1971 2623 2079 787) 297) M 666 11316E 6/ 4 W A% DIY. Af 1t SW6xn II 974) 9. 1 91esS S1 1. 1. 77141.M UM Iw6e.. 120n18a16 '''''( 223" 217 1) 9. 3111. 1736 161 1212 US) MIMI 72x0 26) 6) TWITIM7MOe / YNW1wa 88.. 897. 0.. llriw) 9We 110* en. 83.. 1060197 318. 6414874 MOM Wn 91. lay 6T414 4197 OM 1444. I- Wow. 642 Ilei 697811 a. r 011.: 8 10) 9114 E w Yitl , N W swumWk. 6.4.• law Om Iw6fa. WI. 1~ 31r1. T e M MW13a. WY. 1w 011) 9 W t=.2 231. 0 U• co) k OJ O 0 C" [ ayt E : 1_ BRENNANOSENGNEEItic etc Palk ..., v. i1L",,,. Ille 61161sb3110¢1 issi II. KI- .. 156 20'Iz 'gTOWNHOMESICONTROLDATEan6 E0912812-0201-.t1-._ 9 PRODUCT ACTION DRAWING INDEX GENERAL NOTES SQUARE FOOTAGESp 3 I. Wim.,N O,E, REQUEST/REVISION IuswoTENOR PISS r 551.11 W.BmI aCCCI ID EEI ME REOMdY M 5 DE AREA CALCULATION (SQ. FT.) w 'A TRACKING DADA CODE111,DRG,pp,R 9DENDA w A IDE M OOG trE.15 ja . rt LATTI DE urRl m ROD M OW orra WOW POW'"' intim UM An MO MA. PulteGraip' 1161-001 6 Mei 61ALL61.PIM-I .,00. ME IOC 10'd 17-4. 4 m ISIS A N D In 1016 AREA CALCULATION (SQ. FT.) OMs SA MOH OA uT11tDE MI WM ORO" .ROI SPACE RMa COOED a""mnm UM WA AO MIE BO OS/ e4 e-A o a a sn u B IAA U WO N 0 W g 0 QR AREA CALCULATION (SQ. FT.) a L N A 0.4.... U COBALT Mx MMD Wee Mr'WWVmCOaooTOROM SPO UAW: POO MOO vM ON MO ua MIK111 MU. DAN lea 14 804 MO M ISO AE IA C IM c NNA VAS F S X l A R 40.6 n,•• d i 17— 1 qV BRENNANEMOCERFCINC r ALL mIERAL WMSITILPIN RAI PASS.WILMDII0 AM/DRAINGS.9GN D AAO AAAa/.. r SEND BY DIE DE901 PONEST0IA1 a RECORD.IS A WED AO1IO(0 FNI PNM ME DESIGN PAOFES9014 NU MC PUO PASS=mom AAO mow MAPCO MMM 1M MAS112 BUPEWIRGPDAPRICA1104 Olt SE USED FOR FUTURE 911-SPEOf1C 91ROMG RAMI APPLIGPCNS G1.1 OLOSSP:InfW 157 LEGEND SYMBOLS , ounr>UT WOW-MC Aaaa ten.0 I NSEMAI1•11 KR MY Pd i N pt WORM Xma Q-m MU NI aAw 91,101 Sir VT mous ra maw tattoo r ma maw d 4 r-r m-I 17 fT W-I0ff 1.-tilt 0J-fT fT 1-.Wr 1-r To wlas w 21 911 _ III40111 7-1 1louull1111110111111._ STAIRcAL(i$. Ni111111111111HIIIIIIIIIIIIIIIIIIIIAIIIIIIIIIIIII - _illlllllllllll 1:1 11' II1 CT --6-1_1 f I I fin{ tZ t Fr wlleclwlr A tl CAFE GATHERING ROOM I 1-:I?a [, HANDRAIL c s I OWNER'SSUfTE A r ilii Ls k 14 1a IR 1.1011 rT x I STAIR DIAGRAM V f MU 101. I II H prow Q a411111111q r.01. 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" ''r `• • .:n. a +^ x t i ', J`'p' 1 r Com+.., Yt s ,f+> y , S) S rf., 169 Colorized Architectural Renderings Cobalt Latitude—6A Scheme M' moi- 17i' -;iit 7N,,,, .., T 77-7-7---7-77-7,___,, _ Yi a. 14 1 J L om 170 Colorized Architectural Renderings Cobalt Latitude—6B Scheme 4 if-, a. . El--- Jail" T zit,1 e l 7"--7'-'-'7'----:---"-m fes, 171 WGI® Sustainable Development Standards—Pulte Cottage District Required Sustainable Development Standards,Table 2-1 1. Required Sustainable Development Standards*Details Outdoor Lighting Utilization of warm white LED lighting for parking lots, pathway LED lighting has been utilized in all applicable lighting, accent lighting and exterior building lighting. areas. Butterfly The landscape plan is designed to utilize a minimum of 5% The landscape plan has been proposed to Attracting butterfly attracting shrubs and trees in the planting scheme, with include a minimum of 5% butterfly attracting Landscape a minimum of three (3) different species of plant material. shrubs with 6 diverse species. Material White Roof Required for all products utilizing flat surfaces, roof must be Where applicable,white roofing has been white. included. Sustainable Development Options and Points,Table 3-1 Standard Practice Points Details Category: Awarded Energy Efficient Cooling 2 All air conditioners are Energy Star qualified. Minimum SEER 16. Efficient Water 2 At least 75%of hot water on premises is heated via Energy Star Certified water heaters or solar Heating water heaters. Building Color 2 Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting 1 LED lighting for building interiors for 100%of proposed lighting. Energy Star 2 All appliances within a building are 100% Energy Star. Appliances Insulation 2 Increased insulation to achieve a minimum R-19 in walls and R-38 in the ceiling. Standard Practice Points Details Category: Awarded Urban Nature 172 WG 1 Tree Canopy 3 Provide canopy trees in an amount that exceeds 15%of the minimum required trees. Standard Practice Points Category: Awarded Other Sustainable Development Opportunities Sustainability 6 The HOA will be responsible for drafting and providing residents with a toolkit for energy Education Program conservation and sustainable best practices.This initiative is directly aligned with the Sustainable for HOA and Development Standards Code Section, as it promotes the conservation of energy,sustainability, Energy Conserving and public health.The Sustainable Education Program will be centered on waste management, Site Layout water use,energy efficiency, and building management as detailed in the bullets below. Please note that the program is meant to serve both the residents and the HOA board dually. Additionally, 63%of all units on site are positioned so that their long axis(longest side) runs east to west.This reduces overall energy consumption dramatically, as it reduces direct solar exposure. See this page for more information,from the Florida Department of Agriculture.This practice more than aligns with the Sustainable Development Standards Code Section as it is a known best practice in Florida for conserving energy and creating more efficient,sustainable designs. https://www.myfloridahomeenergy.com/help/library/choices/orientation/#sthash.3S5riAFB.dpbs Total Points all Categories: 20* Requesting Variance for relief from providing Electric Vehicle Charging Stations as this is 100%workforce housing. 173 EXHIBIT "F" Conditions of Approval Project Name: Pulte Cottage District New Master Plan and New Site Plan File number: NMP, NWSP-2023.06.4139 Reference: 4th review of plans identified as a New Major Site Plan and New Master Plan with a December 6, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Prior to permit application, an addressing plan in accordance with X the LDR Chapter 4, Article VIII, Section. 3.C. shall be submitted for review and approved by the City's addressing committee. 2. At time the Engineer of Record submits plans for a Land Development Permit to the Engineering Division, an in-depth review will take place. Site plan approval does not constitute a waiver of the engineering requirements. Any deviation from the utility and infrastructure standards contained within the 2010 LDR or the Engineering Design Handbook and Construction Standards requires the approval of a waiver application, which is subject to X review and approval by the City Engineer. A request for an Engineering waiver shall be reviewed in accordance with the 2010 LDR Ch. 2. Art. III. Sec. 5. If a waiver is granted in connection with a site plan, then such waiver shall remain valid as long as the corresponding site plan approval remains in effect, or unless there is any amendment to the original waiver. Any subsequent revisions that result in a modification to the approved site plan may be subject to P&Z approval. 3. Utilities, including, but not limited to power and light, telecommunications, water, sewer, wiring to streetlights, and gas located within the property and along the perimeter of the property shall be installed underground in accordance with the current Engineering Design Handbook and Construction Standards. The developer shall make necessary cost and other arrangements for X such underground installations with each of the persons, firms, or corporations furnishing utility service involved. Should the undergrounding of Florida Power & Light (FPL) utilities be deemed infeasible by FPL, the developer shall provide a cost estimate from a Professional Engineer for the required undergrounding and submit a payment in-lieu of undergrounding totaling the full expense required to complete the project, at time of permitting. 4. Civil Plans and Landscape Plans shall show all utility easements, underground utility lines and above ground appurtenances, including but not limited to power and light, telecommunication, water, sewer, cable television, wiring to streetlights, and gas in X accordance with the current Engineering Design Handbook and Construction Standards and the 2010 LDR Ch. 4. Art. VIII. Sec. 3.B.1. 174 Pulte Cottage District(NMP, NWSP-2023.06.4139) Conditions of Approval Page 2 of 5 DEPARTMENTS INCLUDE REJECT 5. The owner/developer shall coordinate a Developer's Agreement with the City to mill and overlay the full width of following roadways: 1. NE 1st Street from NE 4th Avenue to NE 5th Avenue, including the full intersections thereof; and 2. NE 4th Avenue from Seacrest Boulevard to NE 1st Street; X and 3. NE 5th Avenue from Seacrest Boulevard to NE 1st Street. The City may contribute to the cost of the mill and overlay project for the portions not strictly required by the Land Development Regulations. 6. Prior to the issuance of a building permit, the applicant shall submit and obtain final plat approval from the Engineering Division along with all applicable fees, maintenance and use covenants, X condominium documents, deeds, or other legal documents. The final plat shall conform to the corresponding approved master plan. 7. Prior to the issuance of a building permit, the applicant shall submit and obtain the Land Development Permit from the Engineering Division for any drainage, storm water and wastewater systems, and the other required improvements as described in LDR Ch. 4. Art. VIII. (Utilities, and Infrastructure Design Standards). Once the plans are found to be acceptable, X the City Engineer or designee shall issue a written statement of technical compliance, and notify the applicant of any fees and surety. The LDP shall be issued by the Engineering Division once the aforementioned items, the final plat, and any other documents required by the City Engineer or designee, are found to be acceptable and meets the provisions of the LDR. 8. Prior to the issuance of a building permit, the applicant shall obtain and submit a copy of all permits from outside agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District(SFWMD), Lake Worth Drainage District(LWDD), Florida Department of Environmental Protection X FDEP), Palm Beach County Health Department(PBCHD), Palm Beach County Engineering Department(PBCED), Palm Beach County Department of Environmental Resource Management PBCDERM), and any others as required. UTILITIES 1. Meters shall be set in grassy area generally a common property X line. No meters shall be installed in area with pavers. 2. The City cleanouts shall be installed in grassy area whenever X 175 Pulte Cottage District(NMP, NWSP-2023.06.4139) Conditions of Approval Page 3 of 5 DEPARTMENTS INCLUDE REJECT possible. City cleanouts located in paved areas shall be installed within a concrete collar, and mini-handholes are also required. 3. A general hold harmless agreement is required for all the water mains located along the pavers, and the cleanout located in paved X areas. 4. Ensure all utility easements are provided to the satisfaction of the X Utilities Department. FIRE Comments: None. All previous comments acknowledged. POLICE 1. Landscaping shall not conflict with lighting to include long-term X tree canopy growth. 2. Landscaping should not obstruct view from doors, windows or X walkways. 3. Security measures at the construction site should include a fenced X staging area to store equipment and park machinery. 4. The staging area must be visible from an accessible roadway to allow effective police patrol. Lighting must allow complete visibility X to the area. Quality padlocks are recommended for all storage trailers and equipment trailers, and park within staging area. BUILDING 1. Prior to issuance of a building permit, provide finished floor X elevations to be at least 12" above the crown of the road PUBLIC ART Comments: None. All previous comments acknowledged. PLANNING AND ZONING Comments: 1. An application for a variance (ZCVL-2023.06.4139) was submitted to obtain relief from the Electric Charging Stations requirement of the Sustainable Development Standards. Approval of the New Major Site Plan and Master Plan applications are contingent upon X the approval of the Variance application. Should the Variance not be approved, the applicant shall provide Electric Charging Stations in accordance with Part Ill, Chapter 4, Article XIII, Section 2. Required Sustainable Development Standards (Table 2-1). 2. Approval of the Major Master Plan and Site Plan applications are contingent upon approval of the Rezoning application (REZN- X 2023.06.4139). 176 Pulte Cottage District(NMP, NWSP-2023.06.4139) Conditions of Approval Page 4 of 5 DEPARTMENTS INCLUDE REJECT 3. The project's approval is conditioned upon its participation in the City's Workforce Housing Program (Part Ill, Chapter 1, Article V, X Section 2). 4. Prior to the issuance of a building permit, recordation of a restrictive covenant for the workforce housing shall be executed and provided to the city. 5. Prior to approval of any building permit, landscape buffers and strips shall be platted as a separate tract and maintained by the residents as the project's common area (separate from the X townhomes and single-family residential lots) to ensure that the required landscape buffer is not disturbed. 6. For permit review and approval, provide additional landscaping along Lot 1 to further buffer and beautify the residential building X wall visible from Seacrest Blvd. 7. For permit review and approval, provide a landscape easement on Lot 1 of the 5' landscape buffer. X 8. For permit review and approval, list the numerical building envelope setbacks on the typicals (front, rear setbacks). X 9. For permit review and approval, remove notes of "optional" on all townhome design features and embellishments shown on sheet X B4.3-001 of the Architectural Plan. 10. For permit review and approval, identify the proposed signature trees on the Landscape Plan. X 11. For permit review and approval, provide elevations of the covered bicycle rack. X 12. Prior to a building permit, provide a Sustainable Bonus Program acceptable to City Staff. Should the Sustainable Bonus Program require a change to the project site plan, a Minor Site Plan X modification may be required. 13. Should the Sustainable Bonus Program include any educational materials for residents as part of its requirements, the applicant shall provide the entire package/program and be deemed X acceptable to City Staff prior to approval of a building permit. 14. Homeowner's Association (HOA) or Property Owner's Association POA) documents shall require garages to remain clear and X available for vehicle parking or storage only. Residential storage that impedes on the minimum required area required for parking 177 Pulte Cottage District (NMP, NWSP-2023.06.4139) Conditions of Approval Page 5 of 5 DEPARTMENTS INCLUDE REJECT within the garage is prohibited. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments acknowledged. CITY COMMISSION CONDITIONS Comments: None. 178 BOYNTON BEACH, FLORIDACOTTAGE DISTRICTCOVER SHEETBoynton Beach, Florida PAVING, GRADING, & DRAINAGE PLANS & DETAILS INDEX PD-01 PD-04 - PD-08 LOCATION MAP n.t.s. PD-09 COTTAGE DISTRICT ........................... ........................... ........................... Cover Page Paving, Grading, & Drainage Details Pollution Prevention Plan PD-03...........................Paving, Grading, & Drainage Plan PD-02...........................Demolition Plan LANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 SEC. 21, TWP. 45, RGE. 43 SITE 179 XXXXXXXXX X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X XXXXXXXXXXXXXXXXXXXXXOHW OHW OHW OHW OHW OHW OHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHWOHWOHWOHW OHW OHW OHW OHW OHW OHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW OHW XXXXXXXX X X X X XXXXXXXXXXXXXXXX X X X X XXXXXXBOYNTON BEACH,FLORIDACOTTAGE DISTRICTCONCEPTUAL DEMOLITION PLANEXISTING WATER MAIN (TO BE REMOVED) ALL ELEVATIONS SHOWN IN NAVD88 UNLESS OTHERWISE NOTED CONVERSION: NAVD88 = NGVD - 1.50' GENERAL NOTES: 1.) CONTRACTOR TO VERIFY DEPTH AND LOCATION OF EXISTING UTILITIES PRIOR TO ANY CONSTRUCTION. 2.) ALL DRAINAGE SYSTEMS SHALL BE PUMPED COMPLETELY DRY AND LAMPED AS A REQUIREMENT OF THE FINAL DRAINAGE INSPECTIONS. 3.) ALL SIDEWALK SHALL BE CONSTRUCTED AT 1.5% MAXIMUM CROSS SLOPE. 4.) SIDEWALKS ABUTTING LOTS/UNITS/CLUBHOUSE TO BE CONSTRUCTED AT TIME OF BUILDING CONSTRUCTION, WHILE COMMON AREA SIDEWALK WILL BEINSTALLED FROM START OF JOB. 5.) STRUCTURAL FILL WILL BE REQUIRED TO BE USED UNDER ALL BUILDING PADS,RIGHTS-OF-WAY, AND OTHER STRUCTURAL ELEMENTS. 6.) THE MUCK AND GUMBO SHALL BE REMOVED IN THE AREA OF AND WITHIN 10 FEET OF PROPOSED PAVEMENT OR FOUNDATION AREAS. 7.) PAVEMENT MARKINGS AND GEOMETRICS SHALL BE IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS AND CITY OF BOYNTON BEACH TYPICAL T-P-18.LANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 EXISTING POWER LINES (TO BE REMOVED) TYP.EXISTING GUY WIRES (TO BE REMOVED) TYP. EXISTING POWER POLES (TO BE REMOVED) TYP. EXISTING POWER POLES (TO BE REMOVED) TYP. EXISTING FENCE (TO BE REMOVED) TYP. EXISTING FENCE (TO BE REMOVED) TYP. EXISTING FENCE (TO BE REMOVED)TYP.EXISTING CONCRETE (TO BE REMOVED) TYP. EXISTING CONCRETE (TO BE REMOVED) TYP. NE 4TH AVE NE 5TH AVE SEACREST BLVDNE 1ST STEXISTING BUILDING (TO BE REMOVED)TYP. EXISTING BUILDING (TO BE REMOVED) TYP. EXISTING CONCRETE & CURBING (TO BE REMOVED & REPLACED)TYP. 180 XXXXXXXXXXXXXXXXXXXOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW OHW OHW OHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW OHW 17.50 17.50 17.20 17.90 17.86 16.00 10.00 16.00 15.00 15.10 17.20 17.85 17.55 17.29 17.12 17.00 17.00 17.00 16.70 16.60 17.00 17.00 17.00 17.00 16.6017.0017.0017.00 10.00 15.00 M.E.E.M.E.E. M.E.E.M.E.E. 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16171819 R L R 16.00 16.5016.50 15.93 16.5016.12 16.00 16.50 16.00 16.0016.00 16.00 16.00 16.00 16.00 16.72 16.50 16.50 16.27 16.25 15.80 16.50 16.50 16.50 16.88 16.78 16.1716.5116.84 17.39 17.36 17.35 17.05 16.51 16.26 17.30 17.00 15.43 15.22 15.88 15.80 15.80 15.90 16.50 16.06 16.70 16.70 16.75 16.45 16.00 15.20 17.30 17.00 16.70 10'10'20' A.M.E.10'U.E.10'U.E.10' U.E. 10' U.E. 10' U.E. 10' U.E. TRACT WCOTTAGE DISTRICT LANETRACT R3TRACT LTRACT LTRACT F 12'D.E.6'D.E.6' D.E. 6' D.E.12'D.E.129' @ 0.70%225' @ 0.40%15.10 15.97 15.97 16.0016.00 16.4016.80 16.72 16.35 16.2716.20 16.12 16.20 16.20 16.12 16.12 BOYNTON BEACH,FLORIDACOTTAGE DISTRICTPAVING, GRADING, & DRAINAGE PLAN##.#####' @ 0.##% ##.####.## ## ## M.E.E. # # 5' CONC.SWK. ALL ELEVATIONS SHOWN IN NAVD88 UNLESS OTHERWISE NOTED CONVERSION: NAVD88 = NGVD - 1.50' GENERAL NOTES: 1.) CONTRACTOR TO VERIFY DEPTH AND LOCATION OF EXISTING UTILITIES PRIORTO ANY CONSTRUCTION. 2.) ALL DRAINAGE SYSTEMS SHALL BE PUMPED COMPLETELY DRY AND LAMPED AS A REQUIREMENT OF THE FINAL DRAINAGE INSPECTIONS. 3.) ALL SIDEWALK SHALL BE CONSTRUCTED AT 1.5% MAXIMUM CROSS SLOPE. 4.) SIDEWALKS ABUTTING LOTS/UNITS/CLUBHOUSE TO BE CONSTRUCTED AT TIMEOF BUILDING CONSTRUCTION, WHILE COMMON AREA SIDEWALK WILL BE INSTALLED FROM START OF JOB. 5.) STRUCTURAL FILL WILL BE REQUIRED TO BE USED UNDER ALL BUILDING PADS, RIGHTS-OF-WAY, AND OTHER STRUCTURAL ELEMENTS. 6.) THE MUCK AND GUMBO SHALL BE REMOVED IN THE AREA OF AND WITHIN 10 FEET OF PROPOSED PAVEMENT OR FOUNDATION AREAS. 7.) PAVEMENT MARKINGS AND GEOMETRICS SHALL BE IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS AND CITY OF BOYNTON BEACH TYPICAL T-P-18.LANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 5' CONC.SWK. 5' CONC. SWK. STRUCT. No.: TYPE: GRATE EL.: FL. EL.: YD-04 YARD INLET 16.4012.73 (E) 22 LF - 18" HPPP 139 LF - 18" HDPE NE 4TH AVE NE 5TH AVE SEACREST BLVDNE 1ST STSTRUCT. No.: TYPE: GRATE EL.: FL. EL.: YD-05 YARD INLET 16.3512.51 (W) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: YD-01 YARD INLET 16.009.76 (E) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: YD-03 YARD INLET15.9012.17 (W) 5' CONC. SWK. STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: D-02 "II"14.9010.59 (W) 8.02 (E) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: D-03 "C" DBI 10.006.00 (W) 87 LF - 12" HDPE 64 LF - 12" HDPE 2' VALLEY GUTTER 2' VALLEYGUTTER 92 LF (78 LF) -15" FRN. DRN.STRUCT. No.: TYPE: GRATE EL.: FL. EL.: D-07 "II"15.407.50 (E) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: D-06 "II" 14.907.50 (W) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: D-04 "D" DBI 14.007.50 (W) 5' CONC. SWK. 94 LF - 12" HDPE DENOTES LIMITS OF 1" MILLING & OVERLAY (TYP.) DENOTES LIMITS OF 1" MILLING & OVERLAY (TYP.) DENOTES LIMITS OF 1" MILLING & OVERLAY (TYP.) LOCATION MAP n.t.s.SEC. 21, TWP. 45, RGE. 43 SITE STRUCT. No.: TYPE: GRATE EL.: FL. EL.: YD-02 YARD INLET16.0012.33 (E) 203 LF (189 LF) - 15" FRN. DRN. DENOTES LIMITS OF TRENCH REPAIR & 1" MILLING & OVERLAY (TYP.) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: D-05 "D" DBI15.107.50 (E) STRUCT. No.: TYPE: GRATE EL.: FL. EL.: FL. EL.: D-01 "II"14.908.82 (W)10.69 (E) DENOTES LIMITS OFPAVEMENT EXPANSION (TYP.) DENOTES LIMITS OF PAVEMENT EXPANSION (TYP.) B B C C C C C C A A MIN. ROADWAY CROWN EL. = 15.10-FT (5yr-24hr PEAK STAGE = 12.46-FT) MIN. PERIMETER BERM EL. = 15.77-FT (25yr-72hr PEAK STAGE = 15.77-FT) MIN. FINISHED FLOOR EL. = 16.60-FT (100yr-72hr ZD PEAK STAGE = 16.57-FT) E R1-1, D-3 A - 6" SOLID WHITE B -8" SOLID WHITE C - 12" SOLID WHITE D - 24" SOLID WHITEE - F - G - H - I - J - K - 6" WHITE - SKIP (10'-30') 6" WHITE - SKIP (6'-10') 6" WHITE - SKIP (2'-4') 18" SOLID YELLOW 6" SOLID YELLOW 6" DOUBLE SOLID YELLOW PAVEMENT MARKING LEGEND L - M -6" YELLOW - SKIP (6'-10') 18" SOLID WHITE 6" YELLOW - SKIP (10'-30') N - P -RPM BI-DIRECTIONAL AMBER/AMBER FDP WHITER - RPM BI-DIRECTIONAL WHITE/RED FDP YELLOWS - RPM BI-DIRECTIONAL RED/YELLOW T - U - 6" YELLOW - SKIP (2'- 4') A EX. STOP SIGN (TO REMAIN) C DETECTABLEWARNING MAT (TYP.) HANDICAP STRIPING & SIGNAGE PER ADA STANDARDS R1-1, D-3 E C DENOTES LIMITS OF SIDEWALK & CURBING RESTORATION (TYP.) EX. STOP SIGN (TO REMAIN) EX. STOP SIGN (TO REMAIN) EK K E K E 181 LOT LINE FFE= 16.60 - 17.90 NAVD ℄ OF SIDE LOT SWALE (SEE PLAN FOR LOT GRADING) 5' FFE= 17.20 - 17.50 NAVD TRACT L ⅊ REAR LOT LINE MAX EL.16.88 FRONT LOT LINE FFE= 16.60 - 17.90 NAVD SECTION A - A SECTION C - C (NORTH, EAST, SOUTH) ⅊ ⅊EXIST FFE= 16.60 - 17.90 NAVD SECTION B - B (WEST) EXISTLOT ## (SEE PLAN)PAVING, GRADING, & DRAINAGE DETAILSLANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 BOYNTON BEACH,FLORIDACOTTAGE DISTRICTMIN. ROADWAY CROWN EL. = 15.10-FT (5yr-24hr PEAK STAGE = 12.46-FT) MIN. PERIMETER BERM EL. = 15.77-FT (25yr-72hr PEAK STAGE = 15.77-FT) MIN. FINISHED FLOOR EL. = 16.60-FT (100yr-72hr ZD PEAK STAGE = 16.57-FT) 182 PAVING, GRADING, & DRAINAGE DETAILSLANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 BOYNTON BEACH,FLORIDACOTTAGE DISTRICT183 PAVING, GRADING, & DRAINAGE DETAILSLANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 BOYNTON BEACH,FLORIDACOTTAGE DISTRICT184 PAVING, GRADING, & DRAINAGE DETAILSLANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 BOYNTON BEACH,FLORIDACOTTAGE DISTRICT185 5'5' LOT ##TRACT W EL. 15.00 EL. 15.00 BOTTOM EL. 9.00 RETENTION SWALE VARIES 4:14:1 VARIES SECTION D-D N.T.S. LOT ## 20'20' MATCH EXIST. EL. 15.74 MATCH EXIST. EL. 15.74 HP EL. 16.00 (MIN. PERIM. EL.=15.77) HP EL. 16.00 (MIN. PERIM. EL.=15.77) 0.74%0.40%0.70%0.92%R/W LINER/W LINER/W LINER/W LINEPROFILE A: SOUTH ROADWAY INTERSECTION PROFILE B: NORTH ROADWAY INTERSECTION PAVING, GRADING, & DRAINAGE DETAILSLANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 BOYNTON BEACH,FLORIDACOTTAGE DISTRICTABC CLRDWY. 2%2%1.5%1.5% TYPICAL SECTION PAVEMENT SECTION: A. TYPE SP-9.5 ASPHALT (1.5")(2 LIFTS) w/ TACK COAT B. 8" LIMEROCK BASE (MIN. LBR 100) w/ PRIME COAT C. 12" STABILIZED SUBGRADE (MIN. LBR 40) COMPACTED TO 98% MAX. DENSITY PER AASHTO T-180. (COTTAGE DISTRICT LANE) 40' RIGHT-OF-WAY 10' U.E. 5' SWK 3' 2' 10'10' 3' 2' 5' SWK 10' U.E. CLEXIST. RDWY. 1.5% TYPICAL SECTION PAVEMENT SECTION: A. 1" MILL & OVERLAY OF EXISTING ASPHALT PAVEMENT B. FULL PAVEMENT SECTION EXTENSION (NE 4TH AVENUE) EXIST. 30' RIGHT-OF-WAY 10' U.E. 5' SWK VARIES VARIES5'+ 10' R/W DEDICATION (BY PLAT)10' FROM EXIST CL VARIES (SEE PLAN) AB CLEXIST. RDWY. 1.5% TYPICAL SECTION PAVEMENT SECTION: A. 1" MILL & OVERLAY OF EXISTING ASPHALT PAVEMENT (NE 5TH AVENUE & NE 1ST STREET) EXIST. 50' RIGHT-OF-WAY 10' U.E. 5' SWK VARIES A 15' FROM EXIST R/W 186 XXXXXXXXXXXOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHW OHWOHWOHWOHWOHWOHWOHWOHWPOLLUTION PREVENTION PLANPLAN SECTION A-A A A TEMPORARY GRAVEL CONSTRUCTION ENTRANCE SILT FENCE OR HAY BALES PER FDOT INDEX NO. 103 LANDSCAPE ARCHITECTURE - SURVEYINGCAULFIELD & WHEELER, INC.CIVIL ENGINEERING - LAND PLANNING PHONE (561)-392-1991 / FAX (561)-750-14527900 GLADES ROAD - SUITE 100BOCA RATON, FLORIDA 33434 BOYNTON BEACH,FLORIDACOTTAGE DISTRICTSILT FENCE OR HAY BALES PER FDOT INDEX NO. 103 187 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-019- Approve Appropriation Agreement No. L0149 between the Florida Department of Environmental Protection and the City of Boynton Beach in the amount of $375,000 for the Boynton Beach Water Distribution System Improvement Project, and authorize the Mayor to execute all related documents. Requested Action: Staff recommends approval of Proposed Resolution No. R26-019. Explanation of Request: The Boynton Beach Water Distribution System Improvement Project addresses issues associated with aging and damaged water mains, which can lead to service interruptions, water loss, reduced pressure, and potential contamination risks. The Utility staff has identified a few areas in Bent Tree Villas East and Lime Tree Condominiums within the City of Boynton Beach Utility Service area where water distribution infrastructure could benefit from this project. To resolve these challenges, the project will replace deteriorated mains using the pipe bursting method. Pipe bursting is a trenchless technology that fractures the old pipe while simultaneously installing a new high-density polyethylene (HDPE) pipe in its place. This method minimizes surface disruption, shortens construction time, and reduces restoration costs compared to traditional open-cut excavation methods. The project will improve system reliability, increase capacity to meet current and future demands, reduce water loss, extend the service life of the water infrastructure, and lower long- term maintenance costs. The project was approved through the State of Florida appropriation process for FY2025- 2026. The Florida Department of Environmental Protection awarded $375,000 in funding to support the implementation of this project. How will this affect city programs or services? T h e funding will improve the life of the water distribution infrastructure system to ensure uninterrupted water and flow service while keeping costs low for utility customers. Account Line Item and Description: N/A 188 Fiscal Impact: The Florida Department of Environmental Protection offered $375,000 to fund the project. Attachments: R26-019 Agenda Item 4194-2026 Resolution for FDEP Grant Agmt L0149.docx Exhibit A to Resolution - L0149 Agreement.pdf 189 RESOLUTION NO. R26-019 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AGREEMENT NO. L0149 BETWEEN THE 2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE 3 CITY OF BOYNTON BEACH IN THE AMOUNT OF $375,000 FOR THE 4 BOYNTON BEACH WATER DISTRIBUTION SYSTEM IMPROVEMENT 5 PROJECT; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Boynton Beach Water Distribution System Improvement Project addresses 8 issues associated with aging and damaged water mains, which can lead to service interruptions, 9 water loss, reduced pressure, and potential contamination risks. The Utility staff has identified a 10 few areas in Bent Tree Villas East and Lime Tree Condominiums within the City of Boynton Beach 11 Utility Service area where water distribution infrastructure could benefit from this project. To 12 resolve these challenges, the project will replace deteriorated mains using the pipe bursting 13 method. Pipe bursting is a trenchless technology that fractures the old pipe while simultaneously 14 installing a new high-density polyethylene (HDPE) pipe in its place. This method minimizes surface 15 disruption, shortens construction time, and reduces restoration costs compared to traditional 16 open-cut methods of excavation. The project will improve system reliability, increase capacity to 17 meet current and future demands, reduce water loss, extend the service life of the water 18 infrastructure, and lower long-term maintenance costs; and 19 WHEREAS, the project was approved through the State of Florida appropriation process 20 for FY2025-2026. The Florida Department of Environmental Protection awarded $375,000 funding 21 to support the implementation of this project; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve Agreement No. L0149 between the 24 Florida Department of Environmental Protection and the City of Boynton Beach in the amount of 25 $375,000 for the Boynton Beach Water Distribution System Improvement Project. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 28 BEACH, FLORIDA, THAT: 29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 190 RESOLUTION NO. R26-019 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 32 approve Agreement No. L0149 between the Florida Department of Environmental Protection and 33 the City of Boynton Beach in the amount of $375,000 for the Boynton Beach Water Distribution 34 System Improvement Project (the “Agreement”), in form and substance similar to that attached as 35 Exhibit A. 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 38 ancillary documents required under the Agreement or necessary to accomplish the purposes of 39 the Agreement, including any term extensions as provided in the Agreement, provided such 40 documents do not modify the financial terms or material terms. 41 SECTION 4. The Mayor-executed Agreement shall be forwarded to Mirna Crompton to 42 obtain execution of the Agreement by FDEP. Mirna Crompton shall be responsible for ensuring 43 that one fully executed Agreement is returned to the City, to be provided to the Office of the City 44 Attorney for forwarding to the City Clerk for retention as a public record. 45 SECTION 5. This Resolution shall take effect in accordance with the law. 46 [SIGNATURES ON THE FOLLOWING PAGE] 47 48 191 RESOLUTION NO. R26-019 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 Mayor – Rebecca Shelton _____ _____ 52 53 Vice Mayor – Woodrow L. Hay _____ _____ 54 55 Commissioner – Angela Cruz _____ _____ 56 57 Commissioner – Thomas Turkin _____ _____ 58 59 Commissioner – Aimee Kelley _____ _____ 60 61 VOTE ______ 62 ATTEST: 63 64 _____________________________ ______________________________ 65 Maylee De Jesús, MPA, MMC Rebecca Shelton 66 City Clerk Mayor 67 68 APPROVED AS TO FORM: 69 (Corporate Seal) 70 71 _______________________________ 72 Shawna G. Lamb 73 City Attorney 74 192 DEP Agreement No. Rev. 6/14/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project):Agreement Number: 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Entity Type: Grantee Address: FEID: (Grantee) 3. Agreement Begin Date:Date of Expiration: 4. Project Number: (If different from Agreement Number) Project Location(s): Project Description: 5. Total Amount of Funding: Funding Source? Award #s or Line-Item Appropriations: Amount per Source(s): State Federal $ State Federal $ State Federal $ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 6. Department’s Grant Manager Grantee’s Grant Manager Name:Name: or successor or successor Address:Address: Phone: Phone: Email: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Attachment 2: Special Terms and Conditions Attachment 3: Grant Work Plan Attachment 4: Public Records Requirements Attachment 5: Special Audit Requirements Attachment 6: Program-Specific Requirements Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with section 215.985, F.S. Attachment 8: Federal Regulations and Terms (Federal) Additional Attachments (if necessary): Exhibit A: Progress Report Form Exhibit B: Property Reporting Form Exhibit C: Payment Request Summary Form Exhibit D: Quality Assurance Requirements Exhibit E: Advance Payment Terms and Interest Earned Memo Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State) Boynton Beach Water Distribution System Improvement Project L0149 July 01, 2025 December 31, 2027 $ 375,000.00 City of Boynton Beach 100 East Ocean Avenue, Boynton Beach, FL 33435 Multiple Locations The Grantee will replace the existing water main utilizing with new high-density polyethylene pipe and install fire hydrants and valves within the Bent Tree Villas East and Lime Tree Condominium areas. 375,000.00 193 DEP Agreement No. Rev. 6/14/24 Exhibit H: Non-Profit Organization Compensation Form (State) Exhibit I: Forced Labor Attestation Form Additional Exhibits (if necessary): 8.The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): Unique Entity Identifier (UEI): Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? Yes N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. GRANTEE Grantee Name By (Authorized Signature)Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing Additional signatures attached on separate page. 194 Additional Signatures ______________________________________________ _______________________________________________ 195 Attachment 1 1 of 14 Rev. 7/2/2025 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained nt or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) (3) a change in the expiration date of the Agreement; (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department; and/or (5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below when a change order may be used. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the 196 Attachment 1 2 of 14 Rev. 7/2/2025 execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subrecipients shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant performance under the terms of this Agreement. The Grante activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may this Agreement for cause as authorized in this Agreement. 197 Attachment 1 3 of 14 Rev. 7/2/2025 ii. commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Grantee meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Grantee must provide the Department with documentation that indicates the amount of state funds: 198 Attachment 1 4 of 14 Rev. 7/2/2025 i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer. The documentation must indicate the amounts and recipients of the remuneration. Such information must be ection 215.985, F.S., and must be posted on the Grantee website, if Grantee maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual/Subaward Costs (Subcontractors/Subrecipients). Match or reimbursement requests for payments to subcontractors/subrecipients must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts/subawards which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor/subrecipient exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract/subaward is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. For grants funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract/subaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts/subawards that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts/subaward issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors/subrecipients. 199 Attachment 1 5 of 14 Rev. 7/2/2025 i. For fixed-price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts/subawards to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-price subcontracted/subawarded activities shall be supported with a copy of the subcontractor/subrecipient procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract/subaward. The Grantee may request approval from Department to award a fixed-price subcontract/subaward resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor/subrecipient - price amount, Grantee may proceed in finalizing the fixed-price subcontract/subaward. ii. under section 287.055, F.S., or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. approval of Department and does not include any equipment purchased under the delivery of services to be completed by a subcontractor/subrecipient. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of /subrecipient, Department shall not reimburse any of the following types of charges: cell phone usage; costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. 200 Attachment 1 6 of 14 Rev. 7/2/2025 b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe , the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Subrecipients and/or Subcontractors. The Grantee shall require its subrecipients and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its subrecipients and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Subrecipients and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. at its sole discretion, terminate the Agreement Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been Grantee shall provide a refund for services that have been paid for but not rendered. 201 Attachment 1 7 of 14 Rev. 7/2/2025 e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts 202 Attachment 1 8 of 14 Rev. 7/2/2025 foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchase may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, and subcontractors/subrecipients and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, and subcontractors/subrecipients; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. b. Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over or any cost, expense, or compromise incurred or made nsent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to 203 Attachment 1 9 of 14 Rev. 7/2/2025 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts/Subawards. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor/subrecipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts/subawards with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited The Grantee shall include this provision in all subcontracts/subawards issued as a result of this Agreement. i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted programs on the basis of race, color, or national origin in the delivery of services or benefits); 204 Attachment 1 10 of 14 Rev. 7/2/2025 ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis v. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973); vi. , F.S.), including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status). c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. 205 Attachment 1 11 of 14 Rev. 7/2/2025 The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted or subawarded, Grantee shall similarly require each subcontractor/subrecipient to maintain and allow access to such records for audit purposes. Upon request of or responsibility. Such information may include, but shall relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subrecipients and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its subrecipients and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: 206 Attachment 1 12 of 14 Rev. 7/2/2025 i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the sistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the number DFS-A2- https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting/Subawards. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. 207 Attachment 1 13 of 14 Rev. 7/2/2025 b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor/subrecipient, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. employee, subcontractor/subrecipient, or agent. d. in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract/subaward. The Department shall not be liable to any subcontractor/subrecipient for any expenses or liabilities incurred under any subcontract/subaward, and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract/subaward. e. /subrecipients, or agents access to meetings f. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Development at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor/subrecipient at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s)/subrecipient(s), and without the fault or negligence of either, unless the subcontracted/subawarded products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract/subaward, Grantee will specifically disclose that this Agreement does not create any third-party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. /Subrecipients and Agents. All Grantee employees, subcontractors/subrecipients, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors/subrecipients, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for 208 Attachment 1 14 of 14 Rev. 7/2/2025 the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors/subrecipients shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. section 255.0993, F.S., or the purchase of materials to section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. 209 Attachment 2 1 of 3 Rev. 7/1/25 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. L0149 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Boynton Beach Water Distribution System Improvement Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category Salaries/Wages Overhead/Indirect/General and Administrative Costs: a. Fringe Benefits, N/A. b. Indirect Costs, N/A. Contractual/Subaward (Subcontractors/Subrecipients) Travel, in accordance with Section 112, F.S. Equipment Rental/Lease of Equipment Miscellaneous/Other Expenses Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 210 Attachment 2 2 of 3 Rev. 7/1/25 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers’ Compensation and Employer’s Liability Coverage. The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting/Subawards. The Grantee may subcontract/subaward work under this Agreement without the prior written consent of the Department’s Grant Manager except for certain fixed-price subcontracts/subawards pursuant to this Agreement, which require prior approval. Regardless of any subcontract/subaward, the Grantee is ultimately responsible for all work to be performed under this Agreement. Upon request by the Department’s Grant Manager, the Grantee will submit a copy of the executed subcontract. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. The Grantee will identify the expected return on investment for this project and provide this information to the Governor’s Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee’s project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs@floridaDEP.gov. 211 Attachment 2 3 of 3 Rev. 7/1/25 14. Common Carrier. a. Applicable to contracts/grants with a common carrier – firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor/Subrecipient must also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subrecipient is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this Agreement immediately if Contractor/Subrecipient is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. 212 DEP Agreement No. L0149, Attachment 3, Page 1 of 3 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Boynton Beach Water Distribution System Improvement Project. PROJECT LOCATION: The Project will be located in the City of Boynton Beach within Palm Beach County; Lat/Long Bent Tree Villas East (26.5299, -80.1093) and Lime Tree Condominiums (26.5261, -80.1116). See Figures 1 and 2 for location maps. PROJECT BACKGROUND: The City of Boynton Beach (Grantee) is addressing the issue of aging and damaged water mains, which can lead to service interruptions, water loss, reduced pressure, and potential contamination risks at Bent Tree Villas East and Lime Tree Condominiums within the City of Boynton Beach Utility Service area. To resolve these challenges, the project will replace deteriorated mains using the pipe bursting method, a trenchless technology that fractures the old pipe while installing a new high-density polyethylene (HDPE) pipe in its place. This approach minimizes surface disruption, shortens construction time, and reduces restoration costs compared to traditional open-cut methods of excavation. Upon completion, the project will improve system reliability, increase capacity to meet current and future demands, reduce water loss, extend the service life of the water infrastructure, and lower long-term maintenance costs. PROJECT DESCRIPTION: The Grantee will replace the existing water main utilizing a trenchless pipe bursting method and install new HDPE water main pipe, fire hydrants and associated valves within the Bent Tree Villas East and Lime Tree Condominiums areas. TASKS: All documentation should be submitted electronically unless otherwise indicated and should be submitted prior to the expiration of the grant agreement. Task 1: Infrastructure Installation Deliverables: The Grantee will install infrastructure for the Boynton Beach Water Distribution System Improvement Project in accordance with the schematic pipe bursting layout. Documentation: The Grantee will submit: 1) a copy of the final schematic pipe bursting layout; 2) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department’s Grant Manager. Upon request by the Department’s Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department’s Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Grant Manager, a payment request may be processed. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task No.Task Title Budget Category Grant Amount Task Start Date Task End Date 1 Infrastructure Installation Contractual Services $375,000 07/01/2025 06/30/2027 Total: $375,000 213 DEP Agreement No. L0149, Attachment 3, Page 2 of 3 Figure 1:Bent Tree Villas East 214 DEP Agreement No. L0149, Attachment 3, Page 3 of 3 Figure 2:Lime Tree Condominiums REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 215 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 216 Attachment 5 1 of 6 BGS-DEP 55-215 Revised 7/1/25 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. 217 Attachment 5 2 of 6 BGS-DEP 55-215 Revised 7/1/25 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and the current Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at https://www.myfloridacfo.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: 218 Attachment 5 3 of 6 BGS-DEP 55-215 Revised 7/1/25 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or the current Rules of the Auditor 219 Attachment 5 4 of 6 BGS-DEP 55-215 Revised 7/1/25 General, should indicate the date and time the reporting package was delivered to the recipient and any correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 220 Attachment 5, Exhibit 15 of 6 BGS-DEP 55-215Revised 71/25EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding AmountState Appropriation Category $ Federal ProgramB Federal Agency CFDANumber CFDA Title Funding AmountState Appropriation Category $ Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal ProgramA First Compliance requirement: i.e.: (what services of purposes resources must be used for)Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources)Etc.Etc.Federal ProgramBFirst Compliance requirement: i.e.: (what services of purposes resources must be used for)Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)Etc.Etc. 221 Attachment 5, Exhibit 16 of 6 BGS-DEP 55-215 Revised 71/25 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following MatchingResources for Federal Programs:Federal Program AFederal AgencyCFDACFDA TitleFunding AmountState Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:State ProgramA State Awarding Agency StateFiscal Year1 CSFANumber CSFA TitleorFunding Source Description Funding AmountState Appropriation Category Original AgreementFlorida Department of Environmental Protection2025-2026 37.039 Statewide Water Quality Restoration Projects–LI 1555$375,000 149950 State ProgramB State Awarding Agency StateFiscal Year2 CSFANumber CSFA TitleorFunding Source Description Funding AmountState Appropriation Category Total Award$375,000Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/compliance.aspx ]. The services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. 1Subject to change by Change Order.2Subject to change by Change Order.222 Exhibit A, Page 1 of 1 Rev. 1/19/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form The current Exhibit A, Progress Report Form for this grant can be found on the Department’s website at this link: https://floridadep.gov/wra/wra/documents/progress-report-form Please use the most current form found on the website, linked above, for each progress report submitted for this project. 223 Exhibit C, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. 224 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-020- Approve and authorize the Mayor to sign the 2025 Tree City USA Designation application to the Arbor Day Foundation. Requested Action: Staff recommends approval of Proposed Resolution No. R26-020. Explanation of Request: The Tree City USA program recognizes municipalities that demonstrate a continued commitment to effective urban forest management through meeting four core standards: maintaining a tree board or department, adopting a community tree ordinance, allocating an annual forestry budget, and hosting an annual Arbor Day observance. Boynton Beach has maintained Tree City USA status for multiple years, reflecting the City’s ongoing investment in a healthy and resilient urban canopy. Renewing this designation for 2025 supports the City’s sustainability, climate resilience, and community beautification goals while also strengthening eligibility for future urban forestry grants and technical assistance. To complete the application, the Arbor Day Foundation requires an authorized City representative’s signature. The Sustainability team therefore requests approval for the Mayor to sign the 2025 application on behalf of the City so the Sustainability team may submit it by the program deadline of April 1, 2026. How will this affect city programs or services? Maintaining the City’s Tree City USA designation will support and enhance existing programs without creating new operational demands. The designation strengthens Boynton Beach’s urban forestry program by reaffirming commitments to tree care, canopy maintenance, and community education, while also enhancing alignment with broader sustainability and resiliency initiatives. It further supports eligibility for state and federal urban forestry grants that can expand or offset costs for tree planting, canopy restoration, and public outreach. The program also boosts community engagement through Arbor Day observances and other volunteer activities, and helps ensure consistent service levels in landscaping, right-of-way tree maintenance, and greenspace management. Additionally, continued participation in Tree City USA directly complements the City’s Urban Heat Resilience Plan by supporting strategies 225 to expand shade coverage, reduce localized heat, and improve community comfort and safety. Account Line Item and Description: N/A Fiscal Impact: There is no additional fiscal impact associated with submitting the 2025 Tree City USA application. The City already meets the program’s required minimum annual forestry expenditure, which is incorporated into existing budgets for Public Works, Grounds Maintenance, and sustainability programming. Any costs associated with Arbor Day activities or tree-related outreach are already planned within departmental operating budgets. Maintaining Tree City USA status may also enhance the City’s competitiveness for external urban forestry grants, which could offset future canopy restoration or tree-planting expenses. Attachments: R26-020 Agenda Item 4149-2026 Resolution for 2025 Tree City USA.docx Attachment 1 - 2025 Tree City USA Application Signature Page.pdf Attachment 2 - Tree City USA Draft Application 2025.docx Attachment 3 - Arbor Day Proclamation.JPG 226 RESOLUTION NO. R26-020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE 2025 TREE CITY USA 2 DESIGNATION APPLICATION TO THE ARBOR DAY FOUNDATION; AND 3 FOR ALL OTHER PURPOSES. 4 5 WHEREAS, the Tree City USA program recognizes municipalities that demonstrate a 6 continued commitment to effective urban forest management through meeting four core 7 standards: maintaining a tree board or department, adopting a community tree ordinance, 8 allocating an annual forestry budget, and hosting an annual Arbor Day observance; and 9 WHEREAS, the City has maintained Tree City USA status for multiple years, reflecting the 10 City’s ongoing investment in a healthy and resilient urban canopy. Renewing this designation for 11 2025 supports the City’s sustainability, climate resilience, and community beautification goals 12 while also strengthening eligibility for future urban forestry grants and technical assistance; and 13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the City's citizens and residents to approve the 2025 Tree City USA Designation 15 application to the Arbor Day Foundation. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 18 BEACH, FLORIDA, THAT: 19 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 22 approve the 2025 Tree City USA Designation application to the Arbor Day Foundation (the 23 “Application”), in form and substance similar to that attached as Exhibit A. 24 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 25 authorizes the Mayor to execute the Application. The Mayor is further authorized to execute any 26 ancillary documents as may be necessary to accomplish the purpose of this Resolution. 27 SECTION 4. This Resolution shall take effect in accordance with the law. 28 [SIGNATURES ON THE FOLLOWING PAGE] 29 30 227 RESOLUTION NO. R26-020 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 Mayor – Rebecca Shelton _____ _____ 34 35 Vice Mayor – Woodrow L. Hay _____ _____ 36 37 Commissioner – Angela Cruz _____ _____ 38 39 Commissioner – Thomas Turkin _____ _____ 40 41 Commissioner – Aimee Kelley _____ _____ 42 43 VOTE ______ 44 ATTEST: 45 46 _____________________________ ______________________________ 47 Maylee De Jesús, MPA, MMC Rebecca Shelton 48 City Clerk Mayor 49 50 APPROVED AS TO FORM: 51 (Corporate Seal) 52 53 _______________________________ 54 Shawna G. Lamb 55 City Attorney 56 228 2025 Tr ee City USA Application for Ce r ti fi c ati on The Tree City USA award is in recognition of work completed by the community during the 2025 calendar year. PRIMARY CONTACT IN FORMATION Contact Name: Alannah Irwin Email: irwina@bbfl.us Phone: +15617426415 Address: 124 E Woolbright Rd Boynton Beach, Florida 33435 Boy nton Beach COMMU NITY INFORMATION Select which best describes your community: Community has a Department Chair or City Manager Ordinance Date: 07/01/1981 Ordinance Uploaded Per-capita Expenditure $8.18 Arbor Day Date 01/18/2025 Arbor Day Proclamation Uploaded As M ayor or E quivale nt of the Communi ty of Boynton Be ach Mayor or Equivalent Signature Title Date Appli c ati on Ce r tific ation (to be Compl ete d by the State F or ester ) The above-named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be certified as a Tree City USA community, for the 2025 calendar year, having in my opinion met the standards required for recognition. State Forester Signature Title Date Boy nton Beac h Tree C ity USA 2025 229 230 231 232 233 234 235 236 237 238 239 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. R26-021- Approving a renewal agreement and annual service and expenditure with Motorola, Inc. for the continued maintenance and repair of the City's P25 radio telecommunications systems as a sole-source vendor with an expenditure not to exceed $200,000 annually for the next five years. Requested Action: Staff recommends approval of Proposed Resolution No. R26-021. Explanation of Request: The City maintains a radio telecommunications system that provides radio communications to the Police Department, Fire Department, and other local government entities. The Motorola company manufactured and installed our current system, which consists of computer consoles, portable radios, antennas, and operational readiness. The City has a long-standing relationship with Motorola, and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services, along with the repair or replacement of any defects in the infrastructure, computer equipment, and radios, and any required upgrades. While Motorola may subcontract radio maintenance to an authorized Motorola subcontractor, the communications infrastructure (consoles, repeaters, etc.) is serviced and maintained directly by Motorola. Authorized Motorola subcontractors will not contract directly with entities, as their work orders are routed through Motorola. The annual expenditure amount shall not exceed $200K annually over the next five years. This purchase is being made pursuant to the Sole Source Procurement Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy. This section permits Sole Source Services and Purchases when it is determined that only one viable source is available. Such circumstances may include, but are not limited to, repairs or additions from the original equipment manufacturer, exclusive regional suppliers, franchised or licensed distributors, or proprietary items. The vendor has submitted the required documentation to the City, and the Procurement Division has affirmed that the documentation for this purchase meets the Sole Source Procurement Exemption criteria. How will this affect city programs or services? This service agreement ensures that public safety and relevant local government entities can maintain radio communications of the Motorola radio system, which is critical to the safety of City personnel and the provision of services to the community. Budgeted Item: Yes Account Line Item and Description: 001-2112-521-46-24 - Radio Repairs 240 Fiscal Impact: Fiscal Impact for FY26 is $123,436.01 Future Impact shall not exceed $200K Annually. Attachments: R26-021 Agenda Item 4157-2026 Resolution for Motorola P25 radio telecommunications systems.docx Boynton Beach contract renewal 12-1-2025.pdf COI expires July 2026.pdf Boynton Beach Sole Source Letter 1-25-2026.pdf 241 RESOLUTION NO. R26-021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING ANNUAL SERVICE AGREEMENTS AND 2 EXPENDITURE WITH MOTOROLA, INC. FOR THE CONTINUED 3 MAINTENANCE AND REPAIR OF THE CITY'S P25 RADIO 4 TELECOMMUNICATIONS SYSTEMS AS A SOLE-SOURCE VENDOR WITH 5 AN EXPENDITURE NOT TO EXCEED $200,000 ANNUALLY FOR THE 6 NEXT FIVE YEARS; AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, the City maintains a radio telecommunications system that provides the Police 10 Department, Fire Department, and other local government entities with radio communications. 11 The Motorola company manufactured and installed our current system, which consists of 12 computer consoles, portable radios, antennas, and operational readiness. The City has a long-13 standing relationship with Motorola and is requesting annual maintenance from Motorola to 14 provide monitoring and diagnostic services, along with the repair or replacement of any defects 15 in the infrastructure, computer equipment, and radios, and any required upgrades. While 16 Motorola has the option to subcontract radio maintenance to an authorized Motorola 17 subcontractor, the communications infrastructure (consoles, repeaters, etc.) is serviced and 18 maintained by Motorola directly. Authorized subcontractors of Motorola will not contract with 19 entities directly, as their work orders are routed through Motorola; and 20 WHEREAS, the annual contract and expenditure amount shall not exceed $200K annually 21 over the next five years. This purchase is being made pursuant to the Sole Source Procurement 22 Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy. 23 This section permits Sole Source Services and Purchases when it is determined that only one viable 24 source is available. Such circumstances may include, but are not limited to, repairs or additions 25 from the original equipment manufacturer, exclusive regional suppliers, franchised or licensed 26 distributors, or proprietary items. The vendor has submitted the required documentation to the 27 City, and the Procurement Division has affirmed that the documentation for this purchase meets 28 the Sole Source Procurement Exemption criteria; and 29 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 30 best interests of the City's citizens and residents to approve annual service agreements and 31 expenditure with Motorola, Inc. for the continued maintenance and repair of the city's P25 radio 32 242 RESOLUTION NO. R26-021 telecommunications systems as a sole-source vendor with an expenditure not to exceed $200,000 33 annually for the next five years. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve annual service agreements and expenditure with Motorola, Inc. for the continued 41 maintenance and repair of the city's P25 radio telecommunications systems as a sole-source 42 vendor with an expenditure not to exceed $200,000 annually for the next five years. 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the City Manager to execute the Agreement. The City Manager is further authorized 45 to execute any ancillary documents required under the Agreement or necessary to accomplish the 46 purposes of the Agreement, including any term extensions as provided in the Agreement, 47 provided such documents do not modify the financial terms or material terms. 48 SECTION 4. This Resolution shall take effect in accordance with the law. 49 [SIGNATURES ON THE FOLLOWING PAGE] 50 51 243 RESOLUTION NO. R26-021 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 52 CITY OF BOYNTON BEACH, FLORIDA 53 YES NO 54 Mayor – Rebecca Shelton _____ _____ 55 56 Vice Mayor – Woodrow L. Hay _____ _____ 57 58 Commissioner – Angela Cruz _____ _____ 59 60 Commissioner – Thomas Turkin _____ _____ 61 62 Commissioner – Aimee Kelley _____ _____ 63 64 VOTE ______ 65 ATTEST: 66 67 _____________________________ ______________________________ 68 Maylee De Jesús, MPA, MMC Rebecca Shelton 69 City Clerk Mayor 70 71 APPROVED AS TO FORM: 72 (Corporate Seal) 73 74 _______________________________ 75 Shawna G. Lamb 76 City Attorney 77 244 500 Chic (800 City C QT SPE DESC P25 Tec Infra Serv Loca PM W Monroe St cago, IL 60661 0) 247-2346 Company N Billing Add y, State, Zip C Customer Co Ph TY MOD ECIAL INSTR CRIPTIONS 5 Radio System hnical Support astructure Repa vice, Remote S al radio suppor check for Porta Date: Name: Boynto Attn.: Karl M dress: 100 E Code: Boynto ntact: Karl M hone: 56174 EL/OPTION RUCTIONS - A m and Subscrib , Network Mon air with Advanc SUS, On site re rt with P&D and ables. 18-NOV-202 on Beach, Cit Maracotta Boynton Bea on Beach, FL Maracotta 26170 ***** Recu ATTACH STATEMEN er for Year 9 to itoring, On Site ced Replaceme eboot for SUS, d PM check for 25 ty Of ach Blvd L 33435 SERVICES D urring Service T OF WORK FOR PE o include Dispa e Response, ent, Security U Annual PM of r Mobiles and a DESCRIPTIO es ***** ERFORMANCE atching, Update system, an annual G SER Con Con Contra Contr P ON Sub Total Taxes Grand Total THIS SERVICE A JURISDICTIONS W RVICE A ntract Numbe ntract Modifie P.O.# Customer # Bill to Tag# act Start Date ract End Date ayment Cycle Currency MONTHL EXT $10,286 $10,286 $0 $10,286 AMOUNT IS SUBJEC WHERE APPLICABLE SOLUT GREEME r: USC0000 r: R07-MAY #: MARACO #: 10003030 #: 0001 e: 01-DEC-2 e: 30-NOV-2 e: ANNUAL y: USD LY EXTE 6.33 $ 6.33 0.00 6.33 CT TO STATE AND LO E, TO BE VERIFIED B IONS ENT 006388 Y-2025 15:50: OTTA, KARL 040 2025 2026 LY ENDED AMT $123,436.01 $123,436.01 $0.00 $123,436.01 OCAL TAXING BY MOTOROLA :10 1 245 Revised Jul 2, 2025 I have received Applicable Statements of Work which describe the Services provided on this Agreement. Motorola's Terms and Conditions are attached hereto and incorporated herein by reference. By signing below, Customer acknowledges these terms and conditions govern all Services under this Agreement. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE …………………… ………………… CUSTOMER (PRINT NAME) Cindee Markes CSM 11-18-2025 MOTOROLA REPRESENTATIVE (SIGNATURE) TITLE DATE CINDEE MARKES 954-520-8868 MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE 2 246 Revised Jul 2, 2025 Company Name : Boynton Beach, City Of Contract Number : USC000006388 Contract Modifier : R07-MAY-2025 15:50:10 Contract Start Date : 01-DEC-2025 Contract End Date : 30-NOV-2026 3 247 Customer:Boynton Beach, City of Effective: 12/1/2025 Contract #:USC000006388 Qty Equipment Description 5 MCC7500E consoles 2 MCC7500E Consoles wty expires 6-30-2026 (Customer provided 7 new monitors for the Consoles) 5 GTR8000 Repeaters Subscriber Radios 35 APX6500 Mobiles (FD) 6 APX4500 Mobiles (FD) Includes Local Support w/ P&D, Essential Services and Annual PM Check 97 APX Next (FD)PM check only 11 APX N50 (FD)PM check only 217 APX Next (PD)PM check only See attached serial number list for subscribers included 4 248 {00203944.1 306-9001821} Motorola Solution Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the City of Boynton Beach, Florida ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola' s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 5 249 {00203944.1 306-9001821} Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within forty- five (45) days of the invoice date. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 6 250 {00203944.1 306-9001821} Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, subject to the requirements and limitations for Florida’s Public Records law, pursuant to Chapter 119, Florida Statutes, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. 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. 7 251 {00203944.1 306-9001821} Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers 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 Customers premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. 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. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. The City of Boynton Beach can remove any equipment off the service agreement with 30 days written notice. Equipment will be removed on a prorated basis. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. 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. 18. Motorola shall comply with Florida’s Public Records Law. Specifically, Motorola shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Motorola does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of Motorola or keep and maintain public records required by the City to perform the service. If Motorola transfers all public records to the City upon completion of the contract, Motorola shall destroy any 8 252 {00203944.1 306-9001821} duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Motorola keeps and maintains public records upon completion of the contract, the Motorola shall meet all applicable requirements for retaining public records. All records stored electronically 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. 19. 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. 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: (CITY CLERK) 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. dejesusm@BBFL.US 9 253 Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick-up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. 10 254 Statem Subscri 1.0 Descri Subscr custom provid attache Preven 2.0 Motor 2.1 T 2. 2. 2. 2. 2.2 P s 2.3 C 3.0 Custom 3.1 C n 3.2 S M 3.3 C p ment of W iber Preve iption riber Preventat mer’s equipme ded on subscri ed. The PM ntative Mainten rola has the fol The following .1.1. Physically .1.2. Remove a .1.3. Replace r .1.4. Measure, manufactu 2.1.4.1. Rec 2.1.4.2. Tra 2.1.4.3. Tra 2.1.4.4. Dev 2.1.4.5. Tra 2.1.4.6. Rec 2.1.4.7. Aud 2.1.4.8. Vac Perform an op specifications. Clean external mer has the fol Coordinate and needing the PM Schedule the P Motorola manu Cooperate with perform the Pre Work entative M tive Maintenan ent meets and iber equipment inspection do nance check. lowing respon service will be y inspect the eq any dust intern equired seals i record, align urer. ceive frequency ansmit frequenc ansmit frequenc viation ansmit power ceive sensitivit dio output leve cuum test perfo perational che housing of the llowing Respon d schedule wit M check comple PM check on ufacturer specif h Motorola an eventative Mai Maintenanc nce (PM) prov continues to t specifically n oes not includ sibilities: e provided duri quipment. ally from the e f applicable, re and adjust the y cy cy error ty els ormed on rugg eck on the e e equipment. nsibilities: th the Motorol eted. an annual bas fications. nd perform all intenance servi ce vides for an ann meet the man named in the de any hardw ng the PM pro equipment. eassemble unit e following ap gedized radios equipment, and la Service Sho sis with the M acts that are ice to customer nual operation nufacturer’s sp agreement to ware repair tha ocess, if applica and test. pplicable equip d restore the op the PM che Motorola to en reasonable or r. al test and alig pecification. T which this St at may be id able: pment parame equipment to ecks for large nsure the radio r necessary to gnment to ensu This service is tatement of W dentified durin eters outlined b o Motorola f quantities of o continues to enable Motor ure the s only Work is ng the by the factory radios o meet rola to 11 255 OnSite Infrastructure Response and Dispatch Service Overview Motorola‘s OnSite Infrastructure Response & Dispatch service provides case management and escalation for onsite technical service requests. The service is delivered by the Motorola’s Solutions Support Center (SSC) in conjunction with a local service provider. The SSC is responsible for opening a case for onsite support and monitoring the status of that case to ensure strict compliance to committed response times. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Services The Motorola SSC will receive customer request for OnSite service provider and dispatch a servicer. The servicer will respond to the customer location based on pre-defined Severity Levels set forth in Section 4.0 - Severity Level Definitions able and Response times set forth in Section 5.0 – Severity Level Response Time Commitments table in order to restore the system. Motorola will provide case management as set forth herein. The SSC will maintain contact with the on-site Motorola Service Shop until system restoral and case closure. The SSC will continuously track and manage cases from creation to close through an automated case tracking process. 1.1 Scope OnSite Infrastructure Response & Dispatch service is available 24 hours a day, 7 days a week in accordance with Severity Level Definitions and Severity Level Response Time Commitments listed in sections 4.0 and 5.0 of this document. 1.2 Geographic Availability OnSite Infrastructure Response and Dispatch is available to customers worldwide where Motorola servicers are present. Response times are based on the customer’s local time zone. 1.3 Inclusions Onsite Infrastructure Response and Dispatch Service can be delivered on Motorola-sold infrastructure. 2.0 Motorola has the following responsibilities: 2.1. Receive service requests. 2.2. Create a case as necessary when service requests are received. Gather information to perform the following: 2.2.1. Characterize the issue. 2.2.2. Determine a plan of action. 2.2.3. Assign and track the case to resolution. 2.3. Dispatch a servicer as required by Motorola standard procedures and provide necessary case information collected in 2.2. 2.4. Ensure the required personnel have access to customer information as needed. 2.5. Servicer will perform the following on-site: 2.5.1. Run diagnostics on the Infrastructure or Field Replacement Units (FRU). 2.5.2. Replace defective Infrastructure or FRU, as supplied by customer1. 12 256 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the maintenance service. 2.5.4. If a third party vendor is needed to restore the system, the Servicer may accompany that vendor onto the customer’s premises. 2.6. Verify with customer that restoration is complete or system is functional, if required by customer’s repair verification in the Customer Support Plan required by section 3.2. If verification by customer cannot be completed within 20 minutes of restoration, the case will be closed and the Servicer will be released. 2.7. Escalate the case to the appropriate party upon expiration of a response time. 2.8. Close the case upon receiving notification from customer or servicer, indicating the case is resolved. 2.9. Notify customer of case status as defined by the Customer Support Plan: 2.9.1. Open and closed; or 2.9.2. Open, assigned to the servicer, arrival of the servicer on-site, deferred or delayed, closed. 2.10. Provide Case activity reports to customer if requested. 3.0 Customer has the following responsibilities: 3.1. Contact Motorola, as necessary, to request service. 3.2. Provide Motorola with the following pre-defined customer information and preferences prior to start date necessary to complete Customer Support Plan (CSP): 3.2.1. Case notification preferences and procedure. 3.2.2. Repair verification preference and procedure. 3.2.3. Database and escalation procedure forms. 3.2.4. Submit changes in any information supplied in the CSP to the Customer Support Manager (CSM). 3.3. Provide the following information when initiating a service request: 3.3.1. Assigned system ID number. 3.3.2. Problem description and site location. 3.3.3. Other pertinent information requested by Motorola to open a case. 3.4. Allow Servicers access to equipment. 3.5. Supply infrastructure or FRU, as applicable, in order for Motorola to restore the system as set forth in paragraph 2.5.2. 3.6. Maintain and store in an easily accessible location any and all software needed to restore the system. 3.7. Maintain and store in an easily accessible location proper system backups. 3.8. For E911 systems, test the secondary/backup Public Safety Answering Point (PSAP) connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.9. Verify with the SSC that restoration is complete or system is functional, if required by repair verification preference provided by customer in accordance with section 3.2. 3.10. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. 1.Infrastructure Repair with Advanced Replacement (IRAR) is a service offering that provides repair and replacement of infrastructure equipment. IRAR enhances Onsite and Dispatch Service by enabling a faster response and repair times. 13 257 4.0 Severity Level Definitions The f ollowing severity level definitions will be used to determine the maximum response times: Severity Level Severity Definition Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of severity: •33% of call processing resources impaired •Site Environment alarms: o Smoke o Unauthorized access o Temperature o Power failure Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services include, voice, data or network management). The following are examples of this kind of severity: •Less than 33% of call processing resources impaired •Failure of a single redundant component Severity 3 This is defined as a fault which reduces the functionality, efficiency or usability of core services (voice, data and network management) and there is a viable work- around in place. The following are examples of this kind of severity: •Intermittent faults that are infrequent and minor impact to core services •Statistical reporting problems Severity 4 This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: •Faults resulting in minor functions or features being unsupported or unreliable in ways that are not noticeable to the user. •Faults that have no impact in how the user perceives the system to work. •Cosmetic issues. •Requests for information. •Preventive Maintenance 14 258 5.0 Severity Level Response Time Commitments (Customer’s Response Time Classification is designated in the Customer Support Plan.) Severity Level Standard Response Time Severity 1* Within 4 hours from receipt of notification continuously Severity 2 Within 4 hours from receipt of notification Standard Business Day Severity 3 Within 8 hours from receipt of notification Standard Business Day Severity 4 Within 12 hours from receipt of notification Standard Business Day *Premier Response is an option that provides a 2-hour response time for severity 1 issues. 15 259 Network Monitoring, Statement of Work Version 1.12 Approved by Motorola Solutions LGA&C 11/12/2014 © Motorola 2015 Network Monitoring Overview Motorola’s Network Monitoring Operations (NMO) within the Motorola Solutions Support Center (SSC) provides real-time fault monitoring for radio communications networks on a continuous basis. NMO utilizes sophisticated tools for remote monitoring and event characterization of your communications networks. When an event is detected, NMO technologists acknowledge and assess the situation, and initiate a defined response. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Network Monitoring Services Network Monitoring is a service designed to electronically monitor elements of a communication system for events, as set forth in the Monitored Elements Table. When the SSC detects an event, (based on the severity of the event) trained technologists acknowledge and remotely diagnose the event, and initiate an appropriate response in accordance with the customer handling procedure. Appropriate responses could include, but are not limited to, continuing to monitor the event for further development, attempting remote remediation via engagement of Technical Support resources, or initiating dispatch1 of a Field Servicer for onsite remediation. 1.1 Availability Network Monitoring service is available 24 hours a day, 7 days a week. Network Monitoring availability is based on the level of contracted service and defined in the Customer Support Plan (CSP). 1.2 Geographic Availability Network Monitoring is a globally provided service unless limited by data export control regulations. Timeframes are based on the customer’s local time zone. 1.3 Inclusions Network monitoring service can be delivered on Motorola sold infrastructure as stated in Monitored Elements Table. 1.4 Limitations and Exclusions 1.4.1 Does not include monitoring of anything outside of the radio network or monitoring of infrastructure provided by a third party, unless specifically stated. Monitored elements must be within the radio network and capable of sending traps to the Unified Event Manager (UEM). 1.4.2 Additional support charges above and beyond the contracted service agreements may apply if it is determined that system faults were caused by the customer making changes to critical system parameters. 1.4.3 The following activities are outside the scope of the Network Monitoring service, but are optional services that are available to remote Network Monitoring customers at an additional cost: 16 260 Network Monitoring, Statement of Work Version 1.12 Approved by Motorola Solutions LGA&C 11/12/2014 © Motorola 2015 1.4.3.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC working remotely with the local customer technical resource. 1.4.3.2 System installations, upgrades, and expansions. 1.4.3.3 Customer training. 1.4.3.4 Hardware repair and/or exchange. 1.4.3.5 Network security services. 1.4.3.6 Network transport. 1.4.3.7 Information Assurance. 1.4.3.8 Any services not expressly included in this statement of work. 1.4.4 Reference the event catalogue to confirm monitored equipment. 1 Dispatch service with OnSite Response is a separate service that is required with Network Monitoring. 1.5 Motorola has the following responsibilities: 1.5.1. Provide dedicated connectivity through a network connection necessary for monitoring communication networks. The Connectivity Matrix further describes the connectivity options. 1.5.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring system elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 1.5.3 Verify connectivity and event monitoring prior to system acceptance or start date. 1.5.4 Monitor system continuously during hours designated in the CSP in accordance with the pre-defined times specified in section 1.6.2 below. 1.5.5 Remotely access the customer’s system to perform remote diagnosis as permitted by customer pursuant to section 1.6.4. 1.5.6 Create a case, as necessary. Gather information to perform the following: 1.5.6.1 Characterize the issue 1.5.6.2 Determine a plan of action 1.5.6.3 Assign and track the case to resolution. 1.5.7 Cooperate with customer to coordinate transition of monitoring responsibilities between Motorola and customer as specified in section 1.6.13 and 1.6.13.1. 1.5.8 Maintain communication with the customer in the field as needed until resolution of the case 1.6 The Customer has the following responsibilities: 1.6.2 Allow Motorola continuous remote access to enable the monitoring service. 1.6.3 Provide continuous utility service to any Motorola equipment installed or utilized at customer’s premises to support delivery of the service. 1.6.4 Provide Motorola with pre-defined customer information and preferences prior to Start Date necessary to complete the CSP, including, but not limited to: 1.6.4.1 Case notification preferences and procedure 17 261 Network Monitoring, Statement of Work Version 1.12 Approved by Motorola Solutions LGA&C 11/12/2014 © Motorola 2015 1.6.4.2 Repair Verification Preference and procedure 1.6.4.3 Database and escalation procedure forms. 1.6.4.4 Submit changes in any information supplied to Motorola and included in the CSP to the CSM. 1.6.5 Provide the following information when initiating a service request: 1.6.5.1 Assigned system ID number 1.6.5.2 Problem description and site location 1.6.5.3 Other pertinent information requested by Motorola to open a Case. 1.6.6 Notify the SSC when customer performs any activity that impacts the system. (Activity that impacts the system may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 1.6.7 Allow Servicers access to equipment (including any connectivity or monitoring equipment) if remote service is not possible. 1.6.8 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 1.6.9 Provide all customer managed passwords required to access the customer’s system to Motorola upon request or when opening a case to request service support or enable response to a technical issue. 1.6.10 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that system faults were caused by the customer making changes to critical system parameters 1.6.11 Obtain all third party consents or licenses required to enable Motorola to provide the monitoring service. 1.6.12 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 1.6.13 Contact Motorola to coordinate transition of monitoring when monitoring responsibility is to be transferred to or from Motorola. (I.e. normal business hours to after-hours monitoring) as set forth in pre-defined information provided by customer CSP. 1.6.13.1 Upon contact, customer must provide customer name, site id, status on any open cases, severity level, and brief description of case and action plan to Motorola. 1.6.14 Acknowledge that cases will be handled in accordance with the times and priorities as defined in the Event Definition table- Appendix A . 1.6.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Network Monitoring service. 18 262 Network Monitoring, Statement of Work Version 1.12 Approved by Motorola Solutions LGA&C 11/12/2014 © Motorola 2015 The event types are based on the defined levels as follows: Severity Level Severity Definition Engagement Times 1 This is defined as a critical/major incident that causes the system and/or infrastructure to experience a loss of call processing functionality and no work- around or immediate solution is available. The following are examples of this kind of failure: o 33% of call processing resources impaired o Remote Site/sub-system severed o Site Environment alarms: o Smoke o Unauthorized access o Temperature o Power failure Response provided 24 hours, 7 days a week, including US Holidays. 2 This is defined as a moderate/minor incident that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services include, voice, data or network management). The following are examples of this kind of failure: o Less than 33% of call processing resources impaired o Failure of a single redundant component Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. 3 This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Appendix A Engagement Matrix 19 263 Network Monitoring, Statement of Work Version 1.12 Approved by Motorola Solutions LGA&C 11/12/2014 © Motorola 2015 o Faults that have no impact in how the user perceives the system to work o Intermittent issues o Requests for information o Preventive Maintenance or upgrade related work Request connectivity 8 weeks in advance of service start date System Type Connectivity Set up and Maintenance ASTRO® 25 Internet VPN Motorola ASTRO® 25 T1 Motorola Equipment Type Location Installed Firewall/Router Master Site Service Delivery Management Server Master Site for each Zone Connectivity Matrix Motorola Owned & Supplied Equipment Table 20 264 Network Monitoring, Statement of Work Version 1.12 Approved by Motorola Solutions LGA&C 11/12/2014 © Motorola 2015 *Some or all of the above equipment may be monitored depending on system configuration and need. Other equipment (not listed) may be monitored as an option, consult with your Customer Support Manager for details. Monitored Elements Table Master Site Infrastructure RF Site Equipment Dispatch Site Equipment Servers & Back up Servers Channels Consoles MOSCAD (digital inputs & RS232 serial alarms) MOSCAD (digital inputs & RS232 serial alarms) AIS Servers TRAK RF Site Communication Path Operator Position (OP) Core LAN Switch Switch Motorola Gold Elite Gateway (MGEG) Packet Data Gateway (PDG) Site Controller Call Processor Radio Network Gateway (RNG) Router Logging Replay Station (only within the RNI) Zone Database Server (ZDS) Site Ambassador (AMB) Gateway Router Gateway Router Client Station Controller – Zone & Domain Network Time Protocol (NTP) Voice Processing Module (VPM) Firewall Manager Servers Firewall MCC 7500 IP Logging Recorders Air Traffic Router (ATR) SmartX Site Converter (only the converter, not the legacy sites) MCC 7100 (only within the RNI) Unified Event Manager (UEM) Zone Statistical Server (ZSS) Install Server 21 265 Technical Support Overview Motorola’s Technical Support service provides telephone consultation for technical issues that require a high level of ASTRO network expertise and troubleshooting capabilities. Remote Technical Support is delivered through the Motorola System Support Center (SSC) by a staff of technical support specialists skilled in diagnosis and swift resolution of infrastructure performance and operational issues. Technical Support provides access to a solutions database, as well as access to in house test labs and additional Motorola technical resources Motorola applies industry best practices in recording, monitoring, escalating and reporting for Technical Support calls from its contracted customers, reflecting the importance of maintaining mission critical systems. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Technical Support Services Motorola’s System Support Center (SSC) will provide technical support to assist the customer’s technical resources of the Motorola’s currently supported infrastructure. This team of highly skilled professionals is available to the customer as an integrated part of the support and technical issue resolution process. The SSC remotely supports the customer and works with but not limited to fault diagnostics tools, simulation networks and fault database search engines. The Technical Support Operations is available 24 hours a day; 7 days per week to support technical requests (see severity level response time commitments). Calls requiring incidents, problems, or service requests will be logged in Motorola’s issue management system. This ensures that technical issues are prioritized, updated, tracked and escalated as necessary, until resolution. The Technical Support Operations shall assign the priority level as in accordance with the agreed Severity Level Definitions stated in this document. Motorola will track the progress of each case from initial logging to resolution. Motorola will ensure that the customer is advised of the case progress and informed of tasks that require further investigation and assistance from the customer’s technical resources The provision of this service requires that the customer provides a suitably trained technical resource that delivers maintenance and support to the system, and who is familiar with the operation of that system. Motorola provides technical consultants to support the local resource in the timely closure of infrastructure, performance and operational issues. 1.1 Scope Technical Support service is available 24 hours a day, 7 days a week based on Severity Level Definitions. 1.2 Geographic Availability Technical Support is available to any customer regardless of their geographic location and timeframes are based on the customer’s local time zone. 22 266 1.3 Inclusions Technical Support service will be delivered on Motorola sold infrastructure including integrated 3rd party products. 1.4 Limitations and Exclusions The following activities are outside the scope of the Technical Support service, but are optional services that are available to remote Technical Support customers at an additional cost: 1.4.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC working remotely with the local customer technical resource. 1.4.2 Third party support for equipment not sold by Motorola as part of the original system. 1.4.3 System installations, upgrades, and expansions. 1.4.4 Customer training. 1.4.5 Hardware repair and/or exchange. 1.4.6 Network security services. 1.4.7 Network transport. 1.4.8 Information Assurance. 1.4.9 Motorola services not included in this statement of work. 1.4.10 Any technical support required as a result of a virus or unwanted intrusion is excluded if the system is not protected against these security threats by Motorola’s Pre-tested Security Update Service when applicable. 1.5 Motorola has the following responsibilities: 1.5.1 Enable customer access to the Motorola Technical Support Center (800-221- 7144), 24 hours a day, 7 days per week, to answer, document and respond to requests for support. 1.5.2 Respond to requests for Technical Support in accordance with the response times set forth in the Severity Level Response Time Commitments section of this document and the severity level defined in the Severity Level Definitions section of this document. 1.5.3 Advise caller of procedure for determining any additional requirements, activities or information relating to issue restoration and/or characterization. 1.5.4 Maintain communication with the customer in the field as needed until resolution of the case 1.5.5 Coordinate technical resolutions with agreed upon third party vendors, as needed. 1.5.6 Escalate and manage support issues, including systemic issues, to additional Motorola technical resources, as applicable. 1.5.7 Escalate the case to the appropriate party upon expiration of a response time. 23 267 1.5.8 Determine, in its sole discretion, when a case requires more than the Technical Support services described in this SOW and notify customer of an alternative course of action. 1.6 The Customer has the following responsibilities: 1.6.1 Provide Motorola with pre-defined information prior to contract start date necessary to complete Customer Support Plan (CSP). 1.6.2 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager (CSM). 1.6.3 Contact the SSC in order to engage the Technical Support service, providing the necessary information for proper entitlement services. Including but not limited to the name of contact, name of customer, system ID number, site(s) in question, and brief description of the problem including pertinent information for initial issue characterization. 1.6.4 Maintain suitable trained technical resources that provide field maintenance and technical maintenance services to the system, and who are familiar with the operation of that system. 1.6.5 Provide SSC access via the remote connection that has been established through other sold services (e.g. Network Fault Monitoring) 1.6.6 Supply suitably skilled and trained on-site presence when requested by the SSC. 1.6.7 Validate issue resolution prior to close of the case in a timely manner. 1.6.8 Acknowledge that cases will be handled in accordance with the times and priorities as defined in the Severity Level Definitions and in the Severity Level Response Time Commitments section in this document. 1.6.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service. 24 268 1.7 Severity Level Definitions The following severity level definitions will be used to determine the maximum response times: Severity Level Severity Definition Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of failure: •33% of call processing resources impaired •Site Environment alarms: o Smoke, o Unauthorized access o Temperature o Power failure Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services include, voice, data or network management). The following are examples of this kind of failure: •Less than 33% of call processing resources impaired •Failure of a single redundant component Severity 3 This is defined as a fault which reduces the functionality, efficiency or usability of core services (voice, data and network management) and there is a viable work - around in place. The following are examples of this kind of severity: •Intermittent faults that are infrequent and minor impact to core services •Statistical reporting problems Severity 4 This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: •Faults resulting in minor functions or features being unsupported or unreliable in ways that are not noticeable to the user. •Faults that have no impact in how the user perceives the system to work. •Cosmetic issues. •Requests for information. •Preventive Maintenance 25 269 2.1 Severity Level Response Time Commitments The response times are based on the defined severity levels as follows: Severity Level Response Time Severity 1 A Motorola SSC Technician will make contact with the customer technical representative within one hour of the request for support being logged in the issue management system. Continual effort will be maintained to restore the system or provide a workaround resolution. Response provided 24 x 7. Severity 2 A Motorola SSC Technician will make contact with the customer technical representative within four hours of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Severity 3 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Severity 4 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. 26 270 Infrastructure Repair w/ Advanced Replacement, Statement of Work Version 1.8 Approved by Motorola Contracts and Compliance September 2013 © Motorola 2013 Infrastructure Repair with Advanced Replacement Overview Infrastructure Repair with Advanced Replacement is a repair exchange service for Motorola and select third party infrastructure supplied by Motorola. When available, Motorola will provide customer with an advanced replacement unit(s) or Field Replacement Units (FRU’s) in exchange for customer’s malfunctioning equipment. Malfunctioning equipment will be evaluated and repaired by the infrastructure repair depot and returned to depot’s FRU inventory upon completion of repair. For customers who prefer to maintain their existing FRU inventory they have an option to request a “Loaner” FRU while their unit is being repaired. Refer to Appendix A for details on the loaner process. The Motorola authorized repair depot manages and performs the repair of Motorola supplied equipment as well as coordinating the equipment repair logistics process. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Services Infrastructure components are repaired at a Motorola authorized Infrastructure Depot Operations (IDO). At Motorola’s discretion, select third party infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. 1.1 Scope Repair authorizations are obtained by contacting the Solutions Support Center which is available 24 hours a day, 7 days a week. Repair authorizations can also be obtained online via Motorola Online at under Repair Status/Submit Infrastructure RA. Motorola Online: https://businessonline.motorolasolutions.com 1.2 Geographic Availability Infrastructure repair with advanced replacement is supported globally; geographic proximity and type of infrastructure will determine the repair facility. 1.3 Inclusions Infrastructure repair with advanced replacement is available on Motorola sold infrastructure including integrated 3rd party products. Motorola will make a “Commercially Reasonable Effort” to repair Motorola manufactured infrastructure products for seven (7) years after product cancellation. 1.4 Exclusions If infrastructure is no longer supported by Motorola, the original equipment manufacturer or a third party vendor, Motorola may return said equipment to the customer without repair or replacement. The following items are excluded from Infrastructure Repair with Advanced Replacement: 1.4.1 All Motorola infrastructure hardware over seven (7) years from product cancellation date. 1.4.2. All third party infrastructure hardware over three (3) years from product cancellation date. 1.4.3 All broadband infrastructure three (3) years from product cancellation date 1.4.4 Physically damaged infrastructure. 1.4.5 Third party equipment not shipped by Motorola. 27 271 Infrastructure Repair w/ Advanced Replacement, Statement of Work Version 1.8 Approved by Motorola Contracts and Compliance September 2013 © Motorola 2013 1.4.6 Consumable items including, but not limited to, batteries, connectors, cables, toner/ink cartridges, tower lighting, laptop computers, monitors, keyboards and mouse. 1.4.7 Video retrieval from digital in-car video equipment. 1.4.8 Infrastructure backhaul including but not limited to, antennas, antenna dehydrators, microwave1, line boosters, amplifier, data talker wireless transmitter, short haul modems and UPS.1 1.4.9 Test equipment. 1.4.10. Racks, furniture and cabinets. 1.4.11. Non-standard configurations, customer-modified infrastructure and certain third party infrastructure are excluded from advanced replacement service. 1.4.11. Firmware and/or software upgrades. 1 Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. 1.5 Motorola has the following responsibilities: 1.5.1 Enable customer access to the Motorola call center which is operational 24 hours a day, 7 days per week, to create requests for advanced replacement service. 1.5.2. Use commercially reasonable efforts to maintain FRU inventory on supported platforms. 1.5.3. Provide new or reconditioned FRU’s to the customer, upon request and subject to availability. The FRU will be of similar equipment and version, and will contain equivalent boards and chips, as the customer’s malfunctioning FRU. 1.5.4. Load firmware/software for equipment that requires programming. The software version information must be provided for the replacement FRU to be programmed accordingly. If the customer software version/configuration is not provided, shipping times will be delayed. 1.5.5 Package and ship Advance Exchange FRU from the FRU inventory to customer specified address. 1.5.5.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be shipped from Motorola as soon as possible dependent upon stock availability and configuration requested. Motorola will pay for the shipping to the customer, unless customer requests shipments outside of standard business hours and/or carrier programs, such as weekend or next flight out (NFO) shipment. In such cases, customer will be responsible for shipping and handling charges. 1.5.5.2. When sending the advanced replacement FRU to customer, provide a return air bill in order for customer to return the customer’s malfunctioning FRU. The customer’s malfunctioning FRU will become property of the Motorola repair depot or select third party and the customer will own the advanced replacement FRU. 1.5.5.3. When sending a loaner FRU to customer, Motorola will pay for outbound shipping charges. Inbound shipping to Motorola for repair is the responsibility of the customer. Motorola will repair and return the customer’s FRU and will provide a return air bill for the customer to return IDO’s loaner FRU. Refer to Appendix A for the loaner process and Appendix B for shipping charge detail. 1.5.6. Provide repair return authorization number upon customer request for Infrastructure that is not classified as an advanced replacement or loaner FRU. 28 272 Infrastructure Repair w/ Advanced Replacement, Statement of Work Version 1.8 Approved by Motorola Contracts and Compliance September 2013 © Motorola 2013 1.5.7. Provide a repair Return Authorization (RA) number so that the returned FRU can be repaired and returned to FRU stock. 1.5.8. Receive malfunctioning FRU from Customer, carry out repairs and testing and return it to the FRU stock 1.5.9. Receive malfunctioning infrastructure from customer and document its arrival , repair and return. 1.5.10. Perform the following service on Motorola infrastructure: 1.5.10.1. Perform an operational check on the infrastructure to determine the nature of the problem. 1.5.10.2. Replace malfunctioning Field Replacement Units (FRU) or components. 1.5.10.3. Verify that Motorola infrastructure is returned to Motorola manufactured specifications, as applicable 1.5.10.4. Perform a box unit test on all serviced infrastructure. 1.5.10.5. Perform a system test on select infrastructure. 1.5.11. Provide the following service on select third party infrastructure: 1.5.11.1. Perform pre-diagnostic and repair services to confirm infrastructure malfunction and eliminate sending infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 1.5.11.2. Ship malfunctioning infrastructure components to the original equipment manufacturer or third party vendor for repair service, when applicable. 1.5.11.3. Track infrastructure sent to the original equipment manufacturer or third party vendor for service. 1.5.11.4. Perform a post-test after repair by Motorola, to confirm malfunctioning infrastructure has been repaired and functions properly in a Motorola system configuration, when applicable. 1.5.12. For loaner equipment, Motorola will ship repaired infrastructure to the customer specified address during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, customer will be responsible for payment of shipping and handling charges. 1.6 The Customer has the following responsibilities: 1.6.1 Contact or instruct Servicer to contact the Motorola Solutions Support Center (SSC) and request a return authorization number prior to shipping malfunctioning infrastructure or third party infrastructure named in the applicable attached exhibit. 1.6.2 Provide model description, model number and serial number, type of system and firmware version, software options, symptom of problem and address of site id for FRU or infrastructure. 1.6.3 Indicate if FRU or third party FRU being sent in for service was subjected to physical damage or lightning damage. 29 273 Infrastructure Repair w/ Advanced Replacement, Statement of Work Version 1.8 Approved by Motorola Contracts and Compliance September 2013 © Motorola 2013 1.6.4 Follow Motorola instructions regarding inclusion or removal of firmware and software applications from infrastructure being sent in for service. 1.6.5 Provide customer purchase order number to secure payment for any costs described herein. 1.6.6. Pay for shipping of Advanced Replacement or Loaner FRU from Motorola repair depot if customer requested shipping outside of standard business hours or carrier programs set forth in section 1.5.5.1. See Appendix B for shipping charges. 1.6.7. Properly package and ship the malfunctioning FRU using the pre-paid air-bill that arrived with the advanced replacement FRU. Customer is responsible for properly packaging the malfunctioning infrastructure FRU to ensure that the shipped infrastructure arrives un-damaged and in repairable condition. Customer will be subject to a replacement fee for malfunctioning FRU’s not properly returned. 1.6.8. Within five (5) business days of receipt of the advanced replacement FRU from Motorola’s FRU inventory, properly package customer’s malfunctioning FRU and ship the malfunctioning Infrastructure to Motorola’s repair depot for evaluation and repair. Customer must send the return air bill back to the repair depot in order to ensure proper tracking of the returned infrastructure. Customer will be subject to a full replacement fee for FRU’s not returned within 5 business days. 1.6.9. For Infrastructure and/or third party infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer’s expense and risk of loss to Motorola. 1.6.10. Clearly print the return authorization number on the outside of the packaging. 1.6.11. Maintain information of software/applications and firmware for re-loading of infrastructure. 1.6.12. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the infrastructure repair services to customer. 30 274 Infrastructure Repair w/ Advanced Replacement, Statement of Work Version 1.8 Approved by Motorola Contracts and Compliance September 2013 © Motorola 2013 APPENDIX A Advanced Exchange or Loaner Decision Process 31 275 Infrastructure Repair w/ Advanced Replacement, Statement of Work Version 1.8 Approved by Motorola Contracts and Compliance September 2013 © Motorola 2013 APPENDIX B Shipping Charges *Motorola shipping carriers – FedEx and DHL 32 276 ASTRO Security Update Service Statement of Work Security Update Service Overview To verify compatibility with your ASTRO system, Motorola Solutions, Inc.’s (“Motorola”) Security Update Service (SUS) provides pre-tested 3​rd​ party software (SW) security updates. This service was formerly called Pre-tested Software Subscription (PTSS). Additionally, SUS Platinum has been eliminated. The additional SUS Platinum features have been merged into this one SUS offering. This Statement of Work (“SOW”) is subject to the terms and conditions of Motorola’s Professional Services Agreement, Service Agreement or other applicable agreement in effect between the parties (“Agreement”). Motorola and Customer may be referred to herein individually as a “Party or together as “Parties.” 1.0 Description of Security Update Services Motorola shall maintain a dedicated vetting lab for each supported ASTRO release for the purpose of pre-testing security updates. In some cases, when appropriate, Motorola will make the updates available to outside vendors, allow them to test, and then incorporate those results into this offering. Depending on the specific ASTRO release and customer options, these may include updates to antivirus definitions, OEM vendor supported Windows Workstation and Server, Solaris and RedHat Linux (RHEL) operating system patches, VMware ESXi Hypervisor patches, Oracle database patches, PostgreSQL patches, and patches for other 3​rd​ party Windows applications such as Adobe Acrobat and Flash. Motorola has no control over the schedule of releases. The schedule for the releases of updates is determined by the Original Equipment Manufacturers (OEMs), without consultation with Motorola. Antivirus definitions are released every week. Microsoft patches are released on a monthly basis. Motorola obtains and tests these updates as they are released. Other products have different schedules or are released “as-required.” Motorola will obtain and test these updates on a quarterly basis. SUS (Self- Installed) is the baseline offer. Sections describing the optional delivery methods and reboot support service are only applicable if purchased. Motorola Solutions, Inc. Confidential Proprietary © Motorola Solutions, Inc. 2017 33 277 ASTRO Security Update Service Statement of Work SUS Delivery Methods Patch Delivery Method Download Responsibility Installation Responsibility Reboot Support SUS (Self-Installed ) Customer Customer *Option Remote SUS *Option On-Site Delivery of SUS Included Packages for L & M Cores Packages SUS (Self Installed) RSUS On-Site Delivery of SUS Reboot Support Essential / + Optional Advanced / + Optional Optional Premier Optional Included SUS Once tested, Motorola will post the updates to a secured extranet website and send an email notification to the customer. If there are any recommended configuration changes, warnings, or workarounds, Motorola will provide detailed documentation along with the updates on the website.The customer will be responsible for the download and deployment of these updates to their ASTRO System. Motorola Solutions, Inc. Confidential Proprietary © Motorola Solutions, Inc. 2017 34 278 ASTRO Security Update Service Statement of Work Remote Delivery of SUS (RSUS) Remote Delivery of SUS. Motorola’s dedicated staff remotely installs the required security updates and operating system patches onto your radio network. Vulnerabilities from third party software are addressed as soon as the validation of recommended patches is completed. Motorola will also provide reports outlining updates made for your team’s review and awareness. Patch transfers are transparent to the end user. After the patches are transferred, a report is sent out to inform our customers which machines they will need to reboot the appropriate devices to enable the new patches and antivirus definitions. Reboot Support Delivery of SUS/RSUS This optional enhancement provides support for rebooting impacted servers and workstations after the patches have been downloaded/pushed and installed. Once installation is complete, Motorola will deploy trained technicians to reboot servers and workstations at the customer locations. ON-SITE Delivery of SUS For convenience, a trained technician will be contacted to provide the complete patching service. At the customer location, the technician will download patches, perform the required installation services and coordinate the rebooting of servers and dispatch ops. 2.0 Scope Security Update Service supports the currently shipping Motorola ASTRO System Release (SR) and strives to support 4 releases prior. Motorola reserves the right to adjust which releases are supported as business conditions dictate. Contact your Customer Service Manager for the latest supported releases. SUS is available for any L or M core system in a supported release. Systems that have non-standard configurations that have not been certified by Motorola Systems Integration and Testing (SIT) are specifically excluded from this Service unless otherwise agreed in writing by Motorola. Service does not include pre-tested intrusion detection system (IDS) updates for IDS solutions. Certain consoles, MOTOBRIDGE, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site Security products are also excluded. Motorola will determine, in its sole discretion, the third party software that is supported as a part of this offering. Antivirus updates​ - Antivirus updates are released weekly. The target release for these Motorola Solutions, Inc. Confidential Proprietary © Motorola Solutions, Inc. 2017 35 279 ASTRO Security Update Service Statement of Work updates is by close of business each Tuesday. While the release often occurs early, this is the time and date committed to by vetting. Windows​ - Updates are downloaded on Microsoft Patch Tuesday (2nd Tuesday of the month). Updates are incorporated, tested and vetted in the Windows Motopatch disk over the next few weeks. The target release is by the last day of the month. Windows 3rd Party updates​ - for Adobe Reader and Adobe Flash are included on the standard Motopatch for Windows disk and follow the Windows patching schedule. RHEL​ - Security updates are downloaded the last week of the first month of the quarter. Updates include any updates that are available at that time. We then prepare, test and vet the RHEL 5, and RHEL 6, Motopatch disks and target to release the disks by the last day of the quarter. VMware​ - Security updates are downloaded the last week of the first month of the quarter for ESXi. These updates are downloaded from HP directly. The updates are incorporated into the Motopatch for ESXi disk. We then prepare, test and vet the ESXi Motopatch and target to release the disk by the last day of the quarter. PostgreSQL*​ - Security updates are downloaded the last week of the first month of the quarter. Whatever updates that are available at that time are used. The disk is then prepared, tested and vetted. The Motopatch for PostgreSQL disk target release is by the last day of the quarter. *7.14 and later major releases McAfee Patch Updates​ - Security patches are downloaded from McAfee the last week of the first month of the quarter. Whatever updates that are available at that time are used. The disk is then prepared, tested and vetted. The Motopatch for McAfee disk target release is by the last day of the quarter. DOT HILL DAS Firmware disk​ - Security patches are downloaded from DOT HILL the last week of the first month of the quarter. Whatever updates that are available at that time are used. The disk is then prepared, tested and vetted. The disk target release is by the last day of the quarter. 3.0 Motorola has the following responsibilities: 3.1 Obtain relevant 3​rd party security updates as made available and supported from the OEM’s. This includes antivirus definition, OEM vendor available/supported operating systems patches, VMWare patches, database patches, and selected other 3​rd party patches.covered by SUS. Motorola does not control when these updates are released, but current release schedules are listed for reference: McAfee Antivirus definitions– Weekly Microsoft PC and Server OS patches – Monthly Motorola Solutions, Inc. Confidential Proprietary © Motorola Solutions, Inc. 2017 36 280 ASTRO Security Update Service Statement of Work Solaris, RHEL OS, VMware hypervisor patches – Quarterly Other 3rd party patches - Quarterly 3.2 Each assessment will consist of no less than 36 hours of examination time to evaluate the impact each update has on the system. 3.3 Testing of updates to verify whether they degrade or compromise system functionality on a dedicated ASTRO test system with standard supported configurations. 3.4 Address any issues identified during testing by working with Motorola selected commercial supplier and/or Motorola product development engineering team. If a solution for the identified issues cannot be found, the patch will not be posted on Motorola’s site. 3.5 Pre-test STIG recommended remediation when applicable. 3.6 Release all tested updates to Motorola’s secure extranet site. 3.7 Include documentation for installation, recommended configuration changes, and identified issues and remediation for each update release. 3.8 Include printable labels for customers who download the updates to CD’s. 3.9 Notify customer of update releases by email. 3.10 A supported SUS ASTRO release matrix will be kept on the extranet site for reference. 4.0 The Customer has the following responsibilities: 4.1 Provide Motorola with pre-defined information prior to contract start date necessary to complete a Customer Support Plan (CSP). 4.2 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager (CSM). 4.3 Provide means for accessing pre-tested files (Access to the extranet website). 4.4 Deploy pre-tested files to the customer system as instructed in the “Read Me” text provided. 4.5 Implement recommended remediation(s) on customer system, as determined necessary by customer. 4.6 Upgrade system to a supported system release as necessary to continue service. 4.7 Adhere closely to the System Support Center (SSC) troubleshooting guidelines provided upon system acquisition. A failure to follow SSC guidelines may cause the customer and Motorola unnecessary or overly burdensome remediation efforts. In such case, Motorola reserves the right to charge an additional service fee for the remediation effort. 4.8 Comply with the terms of the applicable license agreement between the customer Motorola Solutions, Inc. Confidential Proprietary © Motorola Solutions, Inc. 2017 37 281 ASTRO Security Update Service Statement of Work and the non-Motorola software copyright owner. 5.0 Disclaimer: Motorola disclaims any and all warranties with respect to pre-tested antivirus definitions, database security updates, hypervisor patches, operating system software patches, intrusion detection sensor signature files, or other 3​rd​ party files, express or implied. Further, Motorola disclaims any warranty concerning the non-Motorola software and does not guarantee that customer’s system will be error-free or immune to security breaches as a result of these services​. Motorola Solutions, Inc. Confidential Proprietary © Motorola Solutions, Inc. 2017 38 282 Preventive Maintenance  © Motorola Solutions 2016    Annual Preventive Maintenance Statement of Work  The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service  Agreement or other applicable agreement to which it is attached and made a part thereof by this  reference.   Annual Preventative Maintenance will provide annual operational tests on the customer’s  infrastructure equipment (Infrastructure or Fixed Network Equipment or “FNE”) to monitor the  Infrastructure’s conformance to specifications.    1.1 Scope  Annual Preventive Maintenance will be performed during standard business hours (unless otherwise  agreed to in writing). If the system or Customer requirements dictate this service must occur outside  of standard business hours, an additional quotation will be provided.  Customer is responsible for  any charges associated with unusual access requirements or expenses.   1.2 Inclusions  Annual Preventive Maintenance service will be delivered on Motorola sold infrastructure including  integrated 3rd party products.  1.3      Limitations and Exclusions   Unless specifically called out, the following activities are outside the scope of the Annual Preventive  Maintenance service, however, can be included as optional services that are available to Annual  Preventive Maintenance customers at an additional cost:   1.3.1. Emergency on‐site visits required to resolve technical issues.    1.3.2. Third party support for equipment not sold by Motorola as part of the original  system.  1.3.3. System installations, upgrades, and expansions.  1.3.4. Customer training.  1.3.5. Hardware repair and/or exchange.     1.3.6. Network security services.  1.3.7. Network transport.  1.3.8. Information Assurance.  1.3.9. Motorola services not included in this statement of work.  1.3.10. Any maintenance required as a result of a virus or unwanted intrusion is excluded if  the system is not protected against these security threats by Motorola’s Pre‐tested  Security Update Service when applicable.  1.3.11. Tower climbs, tower mapping analysis or tower structure analysis   1.4 Motorola has the following responsibilities:  1.4.1 Notify the customer of any planned system downtime needed to perform this  Service.  1.4.2 Advise customer of issues that may require attention.   39 283 Preventive Maintenance  © Motorola Solutions 2016  1.4.3 Maintain communication with the customer as needed until completion of the  Annual Preventive Maintenance.  1.4.4 Determine, in its sole discretion, when a case requires more than the Annual  Preventive Maintenance services described in this SOW and notify customer of an  alternative course of action.  1.4.5 Provide customer with a report documenting system performance against  expected parameters along with recommended actions. Time allotment for report  completion TBD.   1.4.6 Provide trained and qualified personnel with proper security clearance required to  complete Annual Preventive Maintenance service.  1.5 The Customer has the following responsibilities:  1.5.1 Provide preferred schedule for Annual Preventative Maintenance to Motorola.  1.5.2 Authorize and acknowledge any scheduled system downtime.  1.5.3 Maintain periodic backup of databases, software applications, and firmware.   1.5.4 Establish and maintain a suitable environment (heat, light, and power) for the  equipment location and provide Motorola full, free, and safe access to the  equipment so that Motorola may provide services. All sites shall be accessible by  standard service vehicles.  1.5.5 Submit changes in any information supplied in the Customer Support Plan (CSP) to  the Customer Support Manager (CSM).  1.5.6  Provide site escorts in a timely manner if required.   1.5.7 Provide Motorola with requirements necessary for access to secure facilities.  1.5.8 Obtain at Customer’s cost all third party consents or licenses required to enable  Motorola to provide the Service.   1.6 The Servicer has the following responsibilities:  1.6.1 Perform  the  Preventive  Maintenance  tasks  at  the  level  of  service the customer  has purchased.  1.6.2 Perform the Site Performance Verification Procedures for each site type on the  system.  1.6.3 Provide required diagnostic/test equipment necessary to perform the Preventive  Maintenance service.  1.6.4 As applicable, use the Method of Procedure (MOPs) as defined for each task.  40 284 Qty Serial Number Model Name Model Number Agency Services Included 1 527CAX3422 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 2 527CAX3423 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 3 527CAX3424 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 4 527CAX3425 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 5 527CAX3426 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 6 527CAX3427 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 7 527CAX3428 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 8 527CAX3429 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 9 527CAX3430 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 10 527CAX3431 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 11 527CAX3432 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 12 527CAX3433 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 13 527CAX3434 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 14 527CAX3435 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 15 527CAX3436 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 16 527CAX3437 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 17 527CAX3438 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 18 527CAX3439 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 19 527CAX3440 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 20 527CAX3441 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 21 527CAX3442 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 22 527CAX3443 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 23 527CAX3444 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 24 527CAX3445 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 25 527CAX3446 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 26 527CAX3447 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 27 527CAX3448 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 28 527CAX3449 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 29 527CAX3450 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 30 527CAX3451 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 31 527CAX3452 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 32 527CAX3453 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 33 527CAX3454 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 34 527CAX3455 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 35 527CAX3456 APX6500 Mobile M25URS9PW1BN Fire Dept Depot/ LRS w/ P&D & PM 1 471CAX2279 APX4500 Mobile M22URS9PW1BN Fire Dept Local Combo w/ P&D & PM 2 471CAX2280 APX4500 Mobile M22URS9PW1BN Fire Dept Local Combo w/ P&D & PM 3 471CAX2281 APX4500 Mobile M22URS9PW1BN Fire Dept Local Combo w/ P&D & PM 4 471CAX2282 APX4500 Mobile M22URS9PW1BN Fire Dept Local Combo w/ P&D & PM 5 471CAX2283 APX4500 Mobile M22URS9PW1BN Fire Dept Local Combo w/ P&D & PM 6 471CAX2284 APX4500 Mobile M22URS9PW1BN Fire Dept Local Combo w/ P&D & PM 1 142CAH2188 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 41 285 2 142CAH2189 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 3 142CAZ9453 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 4 142CAZ9454 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 5 142CAZ9455 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 6 142CAZ9456 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 7 142CAZ9457 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 8 142CAZ9458 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 9 142CAZ9459 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 10 142CAZ9460 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 11 142CAZ9461 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 12 142CAZ9462 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 13 142CAZ9463 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 14 142CAZ9464 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 15 142CAZ9465 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 16 142CAZ9466 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 17 142CAZ9467 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 18 142CAZ9468 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 19 142CAZ9469 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 20 142CAZ9470 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 21 142CAZ9471 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 22 142CAZB182 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 23 142CAZB183 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 24 142CAZB184 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 25 142CAZB185 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 26 142CAZB186 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 27 142CAZB187 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 28 142CAZB188 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 29 142CAZB189 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 30 142CAZB190 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 31 142CAZB191 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 32 142CAZB192 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 33 142CAZB193 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 34 142CAZB194 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 35 142CAZB195 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 36 142CAZB196 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 37 142CAZB197 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 38 142CAZB198 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 39 142CAZB199 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 40 142CAZB200 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 41 142CAZB201 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 42 142CAZB202 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 43 142CAZB203 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 44 142CAZB204 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 45 142CAZB205 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 46 142CAZB206 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 47 142CAZB207 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 48 142CAZB208 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 42 286 49 142CAZB209 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 50 142CAZB210 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 51 142CAZB211 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 52 142CAZB212 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 53 142CAZB213 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 54 142CAZB214 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 55 142CAZB215 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 56 142CAZB216 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 57 142CAZB217 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 58 142CAZB218 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 59 142CAZB219 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 60 142CAZB220 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 61 142CAZB221 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 62 142CAZB222 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 63 142CAZB223 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 64 142CAZB224 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 65 142CAZB225 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 66 142CAZB226 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 67 142CAZB227 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 68 142CAZB228 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 69 142CAZB229 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 70 142CAZB230 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 71 142CAZB231 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 72 142CAZB232 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 73 142CAZB233 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 74 142CAZB234 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 75 142CAZB235 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 76 142CAZB236 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 77 142CAZB237 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 78 142CAZB238 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 79 142CAZB239 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 80 142CAZB240 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 81 142CAZB241 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 82 142CAZB242 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 83 142CAZB243 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 84 142CAZB244 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 85 142CAZB245 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 86 142CAZB246 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 87 142CAZB247 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 88 142CAZB248 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 89 142CAZB249 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 90 142CAZB250 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 91 142CAZB251 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 92 142CAZB252 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 93 142CAZB253 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 94 142CAZB254 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 95 142CAZB255 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 43 287 96 142CZF0226 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 97 142CZF0227 APX Next H45TGT9PW8AN Fire Dept Annual PM Check 1 287CAZ0399 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 2 287CAZ0400 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 3 287CAZ0401 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 4 287CAZ0402 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 5 287CAZ0403 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 6 287CAZ0404 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 7 287CAZ0405 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 8 287CAZ0406 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 9 287CAZ0407 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 10 287CAZ0408 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 11 287CAZ0409 APX N50 H25UCF9PW6AN Fire Dept Annual PM Check 1 022CBF1227 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 2 022CBF1228 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 3 022CBF1229 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 4 022CBF1230 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 5 022CBF1231 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 6 022CBF1232 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 7 022CBF1233 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 8 022CBF1234 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 9 022CBF1235 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 10 022CBF1236 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 11 022CBF1237 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 12 022CBF1238 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 13 022CBF1239 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 14 022CBF1240 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 15 022CBF1241 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 16 022CBF1242 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 17 022CBF1243 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 18 022CBF1244 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 19 022CBF1245 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 20 022CBF1246 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 21 022CBF1247 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 22 022CBF1248 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 23 022CBF1249 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 24 022CBF1250 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 25 022CBF1251 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 26 022CBF1252 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 27 022CBF1253 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 28 022CBF1254 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 29 022CBF1255 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 30 022CBF1256 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 31 022CBF1257 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 32 022CBF1258 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 44 288 33 022CBF1259 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 34 022CBF1260 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 35 022CBF1261 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 36 022CBF1262 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 37 022CBF1263 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 38 022CBF1264 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 39 022CBF1265 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 40 022CBF1266 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 41 022CBF1267 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 42 022CBF1268 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 43 022CBF1269 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 44 022CBF1270 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 45 022CBF1271 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 46 022CBF1272 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 47 022CBF1273 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 48 022CBF1274 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 49 022CBF1275 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 50 022CBF1276 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 51 022CBF1277 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 52 022CBF1278 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 53 022CBF1279 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 54 022CBF1280 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 55 022CBF1281 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 56 022CBF1282 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 57 022CBF1283 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 58 022CBF1284 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 59 022CBF1285 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 60 022CBF1286 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 61 022CBF1287 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 62 022CBF1288 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 63 022CBF1289 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 64 022CBF1290 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 65 022CBF1291 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 66 022CBF1292 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 67 022CBF1293 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 68 022CBF1294 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 69 022CBF1295 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 70 022CBF1296 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 71 022CBF1297 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 72 022CBF1298 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 73 022CBF1299 APX N70 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PM Check 105 022CBF1331 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 106 022CBF1332 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 107 022CBF1333 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 108 022CBF1334 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 109 022CBF1335 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 110 022CBF1336 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 111 022CBF1337 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 112 022CBF1338 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 113 022CBF1339 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 114 022CBF1340 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 115 022CBF1341 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 116 022CBF1342 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 117 022CBF1343 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 118 022CBF1344 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 119 022CBF1345 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 120 022CBF1346 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 121 022CBF1347 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 122 022CBF1348 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 123 022CBF1349 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 124 022CBF1350 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 125 022CBF1351 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 126 022CBF1352 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 46 290 127 022CBF1353 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 128 022CBF1354 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 129 022CBF1355 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 130 022CBF1356 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 131 022CBF1357 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 132 022CBF1358 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 133 022CBF1359 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 134 022CBF1360 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 135 022CBF1361 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 136 022CBF1362 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 137 022CBF1363 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 138 022CBF1364 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 139 022CBF1365 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 140 022CBF1366 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 141 022CBF1367 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 142 022CBF1368 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 143 022CBF1369 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 144 022CBF1370 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 145 022CBF1371 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 146 022CBF1372 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 147 022CBF1373 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 148 022CBF1374 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 149 022CBF1375 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 150 022CBF1376 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 151 022CBF1377 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 152 022CBF1378 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 153 022CBF1379 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 154 022CBF1380 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 155 022CBF1381 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 156 022CBF1382 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 157 022CBF1383 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 158 022CBF1384 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 159 022CBF1385 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 160 022CBF1386 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 161 022CBF1387 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 162 022CBF1388 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 163 022CBF1389 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 164 022CBF1390 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 165 022CBF1391 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 166 022CBF1392 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 167 022CBF1393 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 168 022CBF1394 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 169 022CBF1395 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 170 022CBF1396 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 171 022CBF1397 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 172 022CBF1398 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 173 022CBF1399 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 47 291 174 022CBF1400 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 175 022CBF1401 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 176 022CBF1402 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 177 022CBF1403 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 178 022CBF1404 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 179 022CBF1405 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 180 022CBF1406 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 181 022CBF1407 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 182 022CBF1408 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 183 022CBF1409 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 184 022CBF1410 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 185 022CBF1411 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 186 022CBF1412 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 187 022CBF1413 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 188 022CBF1414 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 189 022CBF1415 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 190 022CBF1416 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 191 022CBF1417 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 192 022CBF1418 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 193 022CBF1419 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 194 022CBF1420 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 195 022CBF1421 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 196 022CBF1422 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 197 022CBF1423 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 198 022CBF1424 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 199 022CBF1425 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 200 022CBF1426 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 201 022CBF1427 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 202 022CBF1428 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 203 022CBF1429 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 204 022CBF1430 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 205 022CBF1431 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 206 022CBF1432 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 207 022CBF1433 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 208 022CBF1434 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 209 022CBF1435 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 210 022CBF1436 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 211 022CBF1437 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 212 022CBF1438 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 213 022CBF1439 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 214 022CBF1440 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 215 022CBF1441 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 216 022CBF1442 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 217 022CBF1443 APX N70 H35UCT9PW8AN Police Dept Annual PM Check 48 292 Holder Identifier : 7777777707070700077761616045571110767717106314447207443136663506311072751467156331120736055553077451207527001666275553071372324661777210763641500241131307624001570167520076727242035772000777777707000707007 7777777707070700073525677115456000722001507026113007022326243073110071323363531730010702233735217210007023337343163000071233373420630010702333725206201007122336342173100077756163351765540777777707000707007Certificate No :570113990806CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/30/2025 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 23035Liberty Mutual Fire Ins CoINSURER A: 42404Liberty Insurance CorporationINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Motorola Solutions, Inc. including Spillman Technologies, Inc. Attn Stephanie Lampi 500 West Monroe Chicago IL 60661 USA COVERAGES CERTIFICATE NUMBER:570113990806 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $250,000 $10,000 $1,000,000 $2,000,000 $2,000,000 A 07/01/2025 07/01/2026 Y TB2641005169075 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000A07/01/2025 07/01/2026 COMBINED SINGLE LIMIT (Ea accident) AS2-641-005169-015 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTEB07/01/2025 07/01/2026 All Other States WC7641005169095B 07/01/2025 07/01/2026 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WA764D005169085 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Public Safety Software - RFP No. 007-2110-17/JMA. City of Boynton Beach is included as Additional Insured with respect to the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Boynton Beach Attn: Lori Laverriere, City Manager PO Box 310 Boynton Beach FL 33425-0310 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 293 Address Reply To: 8000 W Sunrise Plantation, FL 33322 (954) 723-4718 Phone (954) 723-4791 Fax January 25, 2026 Karl Maracotta City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Subject: Sole Source Justification Letter Dear Mr. Maracotta Over the years the City’s Motorola Public Safety Radio Communications system has been maintained and supported by the our local Motorola Field Service Organization. The service team you presently have maintains customers throughout Martin, Palm Beach, Broward, Dade and Monroe County. The close cooperation between the system users and Motorola has resulted in a public safety radio system that provides outstanding capabilities to the City of Boynton Beach. Motorola takes great pride in delivering this level of reliability to its customers. This radio system was manufactured, installed and has been continuously maintained by Motorola since the original purchase. Most of the installed equipment contains proprietary information and other protected design aspects, which are known only to Motorola Solutions, Inc. The proprietary nature of the system is also related to the software that drives the system. Because of the proprietary nature of the radio system, any components or equipment replaced or added to the system must be provided by Motorola in order to maintain the integrity and the reliability of the system. Since Motorola installed the entire radio system, our familiarity with the network and the associated equipment enables us to provide the City of Boynton Beach with the highest standard of reliability for both the system’s infrastructure and subscriber units. Because of strict licensing controls, some communication technology used in the system requires special handling and repair measures, which can only be carried out at our Motorola Field Service Organization. In addition, the City of Boynton Beach entered into an agreement with Palm Beach County to connect to and utilize the County’s P25 Master Site as opposed to the City purchasing their own. As a part of this agreement between the City and Palm Beach County, the County requires any agency connected to their Motorola P25 Master Site to obtain a Motorola Service Agreement and a SUA (System Upgrade Agreement) in order to maintain the 294 integrity and reliability for all the Public Safety Radio Systems connected to their Master Site. Should you have any questions or if I can be of further assistance, feel free to contact me at Cindee@Motorolasolutions.com or 954-520-8868. Sincerely, Cindee Markes Cindee Markes Customer Support Manager Motorola Solutions, Inc. 295 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 02/ 3/2026 Meeting Date: 02/ 3/2026 Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for February 3, 2026 - Amendment Request for Bid Extensions and/or Piggybacks. Requested Action: Staff recommends approval of this annual expenditure. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as a result of formal solicitations; and requests to piggyback governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals amendments, and the anticipated expenditure by reducing the paperwork of processing each renewal amendment and/or extension individually and summarizing the information in Exhibit A (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Lori Lehr, Inc. Community Rating System (CRS) and Climate Resilience Planning Professional Support Services - Grant Funded City of Boynton RFQ Agreement No. UTL23-001 May 3, 2026 - May 2, 2027 Annual Estimated Expenditure $100,000 296 Iron Container, LLC Metal Containers and Roll-offs City of Boynton Beach Bid Agreement No. PWSW24-010 February 6, 2026 - February 5, 2027 Annual Estimated Expenditure 150,000 Insituform Technologies, LLC; Inliner Solution, LLC formerly Granite Inliner, LLC; GCU, LLC (Gulf Coast Underground, LLC) Cured-In-Place Pipe Lining City of Boynton Beach RFQ Agreement No. UTL22-013 April 19, 2026 - April 18, 2027 Annual Estimated Expenditure $600,000 How will this affect city programs or services? The renewal(s) will be used for those solicitations, contracts/agreements, and piggybacks that are renewed/extended with the same terms and conditions as the initial award. Budgeted Item: Yes Account Line Item and Description: See attached Amendment Request for Bid Extensions and Piggybacks Report - Exhibit A. Fiscal Impact: Funds have been budgeted under line items as noted in the attached - Exhibit A. Attachments: Amendment Request for Bid Extensions February 3 2026 Report - Exhibit A.docx Lori Lehr Inc - CRS Climate Resilience Plan - Amend Renewal - 26-27 - Signed.docx Iron Container LLC - Metal Container-Rolloff Renewal 2026-2027 - Signed.pdf Insituform - CIPP - Amendment to Renew 2026-2027 - signed 1.13.26.pdf Inliner Solutions LLC - CIPP - Amendment to Renew 2026-2027 - Signed.pdf GCU LLC - CIPP - Amendment to Renew 2026-2027 - Signed.pdf 297 CITY OF BOYNTON BEACH AMENDMENT REQUEST FOR BID EXTENSIONS AND PIGGY-BACKS FEBRUARY 3, 2026 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Juan Manzano TERM: May 3, 2026, to May 2, 2027 SOURCE FOR PURCHASE: City of Boynton Beach Agreement RFQ No. UTL23-001 for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services – Grant Funded ACCOUNT NUMBER: 401-2824-536.49-17 VENDOR(S): Lori Lehr, Inc. ANNUAL ESTIMATE: $100,000 DESCRIPTION: On May 2, 2023, by Resolution R23-052, Commission approved and authorized the City Manager to sign the Agreement with Lori Lehr, Inc., based on RFQ UTL 23-001 for Community Rating System (CRs) and Climate Resilience Planning Professional Support Services. The Agreement was for an initial term of three (3) years, with an option to renew for two (2) one-year renewal options. The vendor has agreed to renew the Agreement for the 1st one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term January 1, 2026, through January 22, 2027. REQUESTING DEPARTMENT: Public Works - Solid Waste DEPARTMENT CONTACT: Jonathan Cane TERM: February 6, 2026, to February 5, 2027 SOURCE FOR PURCHASE: City of Boynton Beach Bid No. PWSW24-010 – Metal Containers and Roll- Offs ACCOUNT NUMBER: 431-2515-534.52-74 VENDOR(S): Iron Containers, LLC ANNUAL ESTIMATE: $150,000 DESCRIPTION: On February 6, 2024, by Resolution R24-030, Commission approved the award and authorized the City Manager to sign an Agreement with Iron Container, LLC, based on Bid No. PWSW24-010 for Metal Containers and Roll- Offs. The Agreement was for an initial two (2) years, with an option to renew for three (3) additional one-year renewals subject to vendor acceptance and satisfactory performance. The vendor has agreed to renew the Agreement for the 1st one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term February 6, 2026, through February 5, 2027. 298 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Tremaine Johnson TERM: April 19, 2026, to April 18, 2027 SOURCE FOR PURCHASE: City of Boynton Beach RFQ No. UTL22-013 – Cured-In-Place Pipe Lining ACCOUNT NUMBER: 403-5000-536.65-04 $300,000 403-5000-538.65-09 $300,000 VENDOR(S): Insituform Technologies, LLC; Inliner Solution, LLC formerly Granite Inliner, LLC; GCU, LLC (Gulf Coast Underground, LLC) ANNUAL ESTIMATE: $600,000 DESCRIPTION: On April 19, 2012, by Resolution R22-059, Commission approved and authorized the City Manager to sign Agreements with Insituform Technologies, LLC, Inliner Solutions, LLC, formerly Granite Inliner, LLC, and GCU LLC (Gulf Coast Underground, LLC), based on RFQ No. UTL22-013 for Cured-In-Place Pipe Lining. The Agreement was for an initial three (3) years, with an option to renew for two (2) one-year renewal periods, subject to vendor acceptance and satisfactory performance. The vendor has agreed to renew the Agreement for the 1st one-year renewal term with the same prices, terms, and conditions. Approve Renewal Amendment No.1 for the term April 19, 2026, through April 18, 2027. 299 1 Amendment to Contract No. UTL23-001 Lori Lehr Inc – CRS & Climate Resilience Planning Page 1 of 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND LORI LEHR, INC. FOR COMMUNITY RATING SYSTEM (CRS) AND CLIMATE RESILIENCE PLANNING PROFESSIONAL SUPPORT SERVICES – GRANT FUNDED This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Lori Lehr, Inc., a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On May 2, 2023, the Parties entered into an Agreement No. UTL23-001 (the “Agreement”) for Community Rating System (CRS) and Climate Resilience Planning Professional Support Services – Grant Funded. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the First one-year renewal option. The Agreement is therefore renewed to continue from May 3, 2026, through May 2, 2027. Annual Expenditure Amount. Task Orders will be submitted to the Commission for approval in accordance with the City’s Purchasing Policies and Procedures. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not included in the Agreement as amended in this 300 1 Amendment to Contract No. UTL23-001 Lori Lehr Inc – CRS & Climate Resilience Planning Page 2 of 4 Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement , will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agree ment will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statut e. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (d) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the 301 1 Amendment to Contract No. UTL23-001 Lori Lehr Inc – CRS & Climate Resilience Planning Page 3 of 4 government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a for eign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (g) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 302 1 Amendment to Contract No. UTL23-001 Lori Lehr Inc – CRS & Climate Resilience Planning Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR LORI LEHR, INC. By_______________________ Authorized Signer Lori Lehr _______________________ Print Name and Title Lori@LoriLehrInc.com _______________________ Email Address 727-235-3875 _______________________ Telephone No. 12 day of January,2026 303 304 305 306 307 1 Amendment to Contract No. UTL22-013 Insituform Technologies – Cured-In-Place Pipe Lining Page 1 of 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INSITUFORM TECHNOLOGIES, LLC FOR CURED-IN-PLACE PIPE LINING This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Insituform Technologies, LLC, a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On April 19, 2022, pursuant to Resolution R22-059, the Parties entered into Agreement No. UTL22-013 (the “Agreement”) for Cured-In-Place Pipe Lining. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the first one-year renewal option. The Agreement is therefore renewed to continue from April 19, 2026, through April 18, 2027. Award Amount Threshold. The annual expenditure to be paid by the City pursuant to this Agreement among the three (3) prequalified contractors will decrease from $1,000,000 to $600,000. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not included in the Agreement as amended in this 308 1 Amendment to Contract No. UTL22-013 Insituform Technologies – Cured-In-Place Pipe Lining Page 2 of 4 Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement , will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (d) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of 309 1 Amendment to Contract No. UTL22-013 Insituform Technologies – Cured-In-Place Pipe Lining Page 3 of 4 concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Flo rida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (g) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 310 1 Amendment to Contract No. UTL22-013 Insituform Technologies – Cured-In-Place Pipe Lining Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR INSITUFORM TECHNOLOGIES, LLC By_______________________ Authorized Signer _______________________ Print Name and Title _______________________ Email Address _______________________ Telephone No. _____ day of ______________, 202___ 311 312 313 314 315 1 Amendment to Contract No. UTL22-013 GCU, LLC – Cured-In-Place Pipe Lining Page 1 of 4 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GCU, LLC (GULF COAST UNDERGROUND, LLC) FOR CURED-IN- PLACE PIPE LINING This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and GCU, LLC (Gulf Coast Underground, LLC), a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On April 19, 2022, pursuant to Resolution R22-059, the Parties entered into Agreement No. UTL22-013 (the “Agreement”) for Cured-In-Place Pipe Lining. B. The Parties desire to amend the Agreement to renew the Agreement for a one (1) one-year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Term Extension. The Parties hereby exercise the first one-year renewal option. The Agreement is therefore renewed to continue from April 19, 2026, through April 18, 2027. Award Amount Threshold. The annual expenditure to be paid by the City pursuant to this Agreement among the three (3) prequalified contractors will decrease from $1,000,000 to $600,000. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein , and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not included in the Agreement as amended in this Doc ID: c8544b609a8c5d13687c11fb2c7b8341717d289f 316 1 Amendment to Contract No. UTL22-013 GCU, LLC – Cured-In-Place Pipe Lining Page 2 of 4 Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement , will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardles s of the amount of money involved or whether Vendor has been placed on the convicted vendor list. (c) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute . If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (d) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of Doc ID: c8544b609a8c5d13687c11fb2c7b8341717d289f 317 1 Amendment to Contract No. UTL22-013 GCU, LLC – Cured-In-Place Pipe Lining Page 3 of 4 concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying informatio n shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is inclu ded in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (g) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) Doc ID: c8544b609a8c5d13687c11fb2c7b8341717d289f 318 1 Amendment to Contract No. UTL22-013 GCU, LLC – Cured-In-Place Pipe Lining Page 4 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Rebecca Shelton, City Mayor ____ day of ______________, 202__ Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR GCU, LLC (Gulf Coast Underground, LLC) By_______________________ Authorized Signer _______________________ Print Name and Title _______________________ Email Address _______________________ Telephone No. _____ day of ______________, 202___ Spencer Tuell President stuell@gulfcoastunderground.com 251-725-0200 12 January 6 Doc ID: c8544b609a8c5d13687c11fb2c7b8341717d289f 319 Boynton Beach Renewal Amendment - Cured-In-Place Pipe Lining... GCU_LLC_-_CIPP_-_...ew_2026-2027.docx c8544b609a8c5d13687c11fb2c7b8341717d289f MM / DD / YYYY Signed 01 / 12 / 2026 20:55:44 UTC Sent for signature to Spencer Tuell (stuell@gulfcoastunderground.com) from dwilson@gulfcoastunderground.com IP: 170.249.155.46 01 / 12 / 2026 21:09:21 UTC Viewed by Spencer Tuell (stuell@gulfcoastunderground.com) IP: 170.249.155.46 01 / 12 / 2026 21:10:38 UTC Signed by Spencer Tuell (stuell@gulfcoastunderground.com) IP: 170.249.155.46 The document has been completed.01 / 12 / 2026 21:10:38 UTC 320 City of Boynton Beach Agenda Item Request Form 8.A 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. 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Ordinance No. 26-002- Second Reading. An Ordinance of the City of Boynton Beach, Florida, amending the Future Land Use Map for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, by changing the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC); providing that the remaining approximately 0.61-acre portion of the property shall retain its Special High Density Residential (SHDR) future land use designation; declaring the amendment to be consistent with all other elements of the Comprehensive Plan of the City of Boynton Beach; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-002, at second reading. Explanation of Request: The subject property consists of three parcels that were previously unified under a recorded Unity of Title, creating a single 1.34-acre property. The unified property has remained vacant under its current SHDR (Special High Density Residential) future land use designation. The applicant proposes to separate the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future consideration under a separate application. To implement the proposed development configuration, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Future Land Use Map Amendment, Rezoning, and Major Site Plan applications. Approval of the Release of Unity of Title will enable the property to be replated and legally separated, consistent with the proposed land-use configuration. 321 Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business is required to relocate. The proposed site provides an opportunity to retain a locally established business while encouraging reinvestment along the North Federal Highway corridor. The requested Future Land Use Map Amendment would change the future land use designation of the northern portion of the property to GC (General Commercial) to permit the proposed restaurant use and ensure consistency with the companion development applications. The property is located within the Urban Commercial Overlay District, which supports commercial development and reinvestment along major transportation corridors. The proposed land use change is consistent with these objectives. The legal description of the property subject to the Future Land Use Map Amendment is provided in Exhibit “A.” How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-002 Agenda_Item_4116-2026_-_Proposed_Ordinance_-_FLUM_- _SHDR_to_GC.docx Staff Report - FLUM REZN - 2025.05.3470 - Josie's Restaurant Exhibit A - Tract 1 Legal Discription.pdf Exhibit B - FLU, Existing and Proposed.pdf Exhibit C - Justification Statement, FLUMA and Rezoning.pdf Agenda_Item_4416-2026_-_Business-impact-estimate.docx 322 ORDINANCE NO. 26-002 01.06.26 (IG) Page 1 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 3 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, FOR THE NORTHERN APPROXIMATELY 0.72-ACRE 5 PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N. 6 FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, BY CHANGING THE 7 FUTURE LAND USE CLASSIFICATION FROM SPECIAL HIGH DENSITY 8 RESIDENTIAL (SHDR) TO GENERAL COMMERCIAL (GC); PROVIDING 9 THAT THE REMAINING APPROXIMATELY 0.61-ACRE PORTION OF THE 10 PROPERTY SHALL RETAIN ITS SPECIAL HIGH DENSITY RESIDENTIA 11 (SHDR) FUTURE LAND USE DESIGNATION; DECLARING THE 12 PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE 13 CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE 14 PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 18 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 19 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 20 and 21 WHEREAS, SSRS Ventures, LLC, has requested an amendment to the Future Land Use 22 Map classification of the northern approximately 0.72-acre portion of a 1.34-acre unified property 23 located at 3047 N. Federal Highway, Boynton Beach, FL, more particularly described in Exhibit “A,” 24 from Special High Density Residential (SHDR) to General Commercial (GC); and 25 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 26 with the surrounding and existing land uses; and 27 WHEREAS, the property owner has also applied to rezone the northern approximately 28 0.72-acre portion of the property from Infill Planned Unit Development (IPUD) to Community 29 323 ORDINANCE NO. 26-002 01.06.26 (IG) Page 2 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Commercial (C-3), providing that the remaining approximately 0.61-acre portion of the property 30 shall retain its Infill Planned Unit development (IPUD) zoning designation; and 31 WHEREAS, the procedure for amendment of a Future Land Use Element of a 32 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 33 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 34 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 35 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 36 Statutes; and 37 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 38 requirements of section 166.041, Florida Statutes, and the City’s Land Development Regulations; 39 and 40 WHEREAS, after careful review of the application, staff has determined that the proposed 41 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 42 Florida Statutes; and 43 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 44 which contains data and analysis supporting the Future Land Use Map amendment; and 45 WHEREAS, the City Commission finds that the proposed Future Land Use Map 46 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 47 and it is in the best interest of the public to amend the Future Land Use Element of the 48 Comprehensive Plan as provided hereinafter. 49 324 ORDINANCE NO. 26-002 01.06.26 (IG) Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 50 BOYNTON BEACH, FLORIDA: 51 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 52 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 53 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 54 reflect the following: The City’s Future Land Use Map is hereby amended from Special High 55 Density Residential (SHDR) to General Commercial (GC) for the northern approximately 0.72-acre 56 portion of a 1.34-acre unified property located at 3047 N. Federal Highway, as depicted in Exhibit 57 “B.” 58 Section 3: Amendment to Future Land Use Map. The Director of Planning and 59 Zoning is further authorized to make the necessary changes as required to the Future Land Use 60 Map to reflect the above-stated change. 61 Section 4: Authorization to Transmit. The City Manager or designee is hereby 62 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 63 provisions of the Community Planning Act, if required. 64 Section 5: Severability. The provisions of this Ordinance are declared to be 65 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 66 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 67 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 68 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 69 325 ORDINANCE NO. 26-002 01.06.26 (IG) Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 70 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 71 Section 7: Effective Date. This Ordinance shall take effect immediately upon 72 adoption. 73 74 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 75 326 ORDINANCE NO. 26-002 01.06.26 (IG) Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 76 FIRST READING this ______ day of ______________________________, 2026. 77 SECOND, FINAL READING AND PASSAGE this ______ day of __________________________, 2026. 78 CITY OF BOYNTON BEACH, FLORIDA 79 YES NO 80 Mayor – Rebecca Shelton _____ _____ 81 82 Vice Mayor – Woodrow L. Hay _____ _____ 83 84 Commissioner – Angela Cruz _____ _____ 85 86 Commissioner – Thomas Turkin _____ _____ 87 88 Commissioner – Aimee Kelley _____ _____ 89 90 VOTE ______ 91 ATTEST: 92 93 _____________________________ 94 Maylee DeJesús, MMC Rebecca Shelton 95 City Clerk Mayor 96 97 APPROVED AS TO FORM: 98 (Corporate Seal) 99 100 101 Shawna G. Lamb 102 City Attorney 103 327 ORDINANCE NO. 26-002 01.06.26 (IG) Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 328 ORDINANCE NO. 26-002 01.06.26 (IG) Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 329 ORDINANCE NO. 26-002 01.06.26 (IG) Page 8 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 330 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION PROJECT/CASE NO. FLUM & REZN-2025.05.3470 STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: John Stout, Planner II DATE: December 30, 2025 (City Commission Hearing: January 20, 2026, and February 3, 2026) PROJECT: Josie’s Restaurant, Future Land Use Map Amendment and Rezoning (FLUM, REZN 2025.05.3470) REQUEST: The Applicant is requesting approval of a Future Land Use map Amendment (FLUM 2025.05.3470) and Rezoning (REZN-2025.05.3470) for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N Federal Highway, amending the Future Land Use from SHDR (Special High Density Residential) and the Zoning from IPUD (Infill Planned Unit Development) to a Future Land Use of GC (General Commercial) with C-3 (Community Commercial) zoning designation, to allow development of a new Josie's Restaurant and associated site plan improvements. The remaining approximately 0.61-acre portion of the property will retain its SHDR future land use and IPUD zoning for potential future development. PROJECT DESCRIPTION Property Owner: SSRS Ventures, LLC Applicant: Stephanie Setticasi, SSRS Ventures, LLC Agents: Bradley Miller, Urban Design Studio Location: 3047 N Federal Highway, approximately 1.34 acres on the east side of N Federal Highway between Gulfstream Boulevard and Old Dixie Highway. The FLUM and the Rezoning request apply to the northern 0.72-acre development parcel. Existing Land Use/ Zoning: Special high-density residential (SHDR, 20 du/acre) / Infill Planned Unit Development (IPUD), Urban Commercial Overlay District (UCDO) 331 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8416A71C\@BCL@8416A71C.docx 2 Proposed Land Use/ Zoning: General Commercial (GC) / Community Commercial (C-3), Urban Commercial Overlay District (UCDO) Existing Use: Vacant Proposed Use: Restaurant Acreage: 1.34 acres unified Adjacent Uses: North: Commercial use along N Federal High, Community Commercial (C-3); South: Unincorporated Palm Beach County, General Commercial (CG); East: Unincorporated Palm Beach County, Single Family Residential (RS); West: North Federal Highway and Multifamily Residential, Planned Unit Development (PUD) PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to property owners within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The subject property comprises three parcels previously unified under a recorded Unity of Title, creating a single 1.34-acre parcel. The unified property has remained vacant under its existing Special High Density Residential future land use designation and Infill Planned Unit Development zoning. The applicant proposes to divide the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future development under a separate application. To implement the proposed development, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Future Land Use Map Amendment, Rezoning, and Major Site Plan applications. Approval of the Release of Unity of Title will allow the property to be replatted into separate legal parcels consistent with the proposed development configuration. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The proposed 332 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8416A71C\@BCL@8416A71C.docx 3 site provides an opportunity to retain a locally established restaurant while encouraging reinvestment along the North Federal Highway corridor. The requested Future Land Use Map Amendment to GC and the Rezoning to C-3 are required to permit the proposed restaurant use and ensure consistency with the companion Major Street Plan application. The property is located within the Urban Commercial Overlay District, which encourages commercial intensification and pedestrian-oriented development along key corridors. The legal description of the property subject to the Future Land Use Map Amendment and Reszoning is provided in Exhibit “A.” REVIEW BASED ON CRITERIA The criteria for reviewing rezonings are set forth in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria must be included in the staff analysis for any proposed project that involves rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for the area under consideration, or by changes in the conditions or character of development in the area, ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The SHDR and IPUD entitlements have not resulted in the development of the site. Introducing General Commercial land use on the major corridor frontage enables a viable redevelopment, activates a highly visible location, and retains a significant local business currently facing displacement. The request demonstrates need based on market responsiveness, corridor redevelopment goals, and preservation of local economic anchors. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with and promote the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and any other current City-approved planning documents. The General Commercial future land use designation supports a wide range of commercial activities intended to serve residents and visitors. The proposed restaurant use aligns with Comprehensive Plan policies that support corridor reinvestment, infill redevelopment, increased economic activity, and improved urban design along major throughfares. Specifically, the Future Land Use Map amendment and rezoning, alongside the Master Plan, comply with the City’s Comprehensive Plan objectives and policies. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. North Federal Highway contains a mix of commercial and residential uses. The proposed GC and C-3 designations are compatible with this context. The building is situated fronting the main right- of-way, while buffering, walls, and landscaping protect adjacent residential areas to the south and east. Enhanced pedestrian features and the Art in Public Places further strengthen the relationship with the main right-of-way of North Federal Highway. 333 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8416A71C\@BCL@8416A71C.docx 4 d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The amendment and rezoning support orderly development by completing the C-3 restaurant portion and preparing for future development, while sharing utilities, stormwater infrastructure, and access, leaving both parcels functional and coordinated. e. Location Efficiency. Whether the proposed amendments to the FLU and Zoning maps would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. North Federal Highway and Palm Tran Route 1 serve the site directly. The project includes a pedestrian zone with street trees and improved walkability along North Federal Highway. By placing commercial use in a transit-accessible location and providing pedestrian circulation, the request advances smart growth and mobility objectives. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review under Chapter 1, Article VI, Concurrency. a. Transportation: The traffic analysis demonstrates compliance with City concurrency requirements. FDOT access review confirms that trips can be accommodated. b. Potable Water: Adequate capacity is available. c. Sanitary Sewer: Sewer capacity is available; a private lift station may be required. d. Stormwater: The drainage statement confirms compliance with City and SFWMD criteria. e. Solid Waste: Solid Waste Authority (SWA) confirms available regional capacity. f. Schools: Not applicable for commercial development. A SCAD letter of approval will be required upon submission of future development plans for on-site residential components. g. Economic Development Impact. The project reinvests in a long vacant property, retains a major Boynton Beach restaurant, supports local employment, and increases the City’s taxable commercial base. Construction will generate temporary jobs, and the long-term operation of Josie’s will stimulate nearby businesses and contribute to continued corridor revitalization. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. The property is not currently part of the City’s heavy commercial or industrial land supply. The request does not remove the land from inventory; instead, it adds general commercial acreage, improving commercial distribution along North Federal Highway. 334 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 5 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8416A71C\@BCL@8416A71C.docx 5 RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment (FLUM 2025.05.3470) and Rezoning (REZN 2025.05.3470) requests against the applicable review criteria. Should the City Commission agree to approve the requests, the Planning and Zoning Division recommends APPROVAL. Furthermore, approval of these requests is contingent upon the approval of the associated New Major Site Plan (NWSP 2025.05.3470). 335 Page 1 of 2 EXHIBIT “A” LEGAL DESCRIPTION TRACT 1: A PORTION OF LOTS 1, 1A AND C OF KING'S SUBDIVISION IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 20, PAGE 47 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE S73°14'43" E, ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 17.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH FEDERAL HIGHWAY (U. S. HIGHWAY NO.1) AND THE POINT OF BEGINNING; THENCE CONTINUE S73°14'43" E ALONG THE NORTHERLY LINE OF LOT 1, A DISTANCE OF 178.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT 1,; THENCE S02'03'51"E ALONG THE EASTERLY LINE OF LOTS 1, 1A AND C, A DISTANCE OF 165.88 FEET TO A POINT; THENCE N73°14'43"W, PARALLEL TO THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 148.25 FEET; THENCE N 16°45'17"W, A DISTANCE OF 8.00 FEET; THENCE N73°14'43"W, PARALLEL TO THE NORTHERLY LINE OF LOT 1, A DISTANCE OF 84.50 FEET MORE OR LESS TO THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF SOUTH FEDERAL HIGHWAY; THENCE N16° 46'17"E, A DISTANCE OF 149.01 FEET, MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 31,546.40 SQUARE FEET OR 0.72 ACRE MORE OR LESS. 336 Richard N DeanDigitally signed by Richard N Dean Date: 2025.05.28 20:54:22 -04'00'EXHIBIT "A" - Page 2 of 2Exhibit "A"Page 2. of 2.337 FecRailroadN F e d e r a l H w y NFederalHwyN Federal HwyNOldDixieHwy FecRailroadN F e d e r a l H w yNFederalHwy NOldDixieHwyNOldDixieHwyW a l m a r t S u p e r c e n t e r N F e d eral Hwy NFederalHwyPiersonDrPalmDrT u r n e r R d B a y f r o n t D rBayfrontDr NFederalHwyNFederalHwyN Federal Hwy N FederalHwy N F e d e r al Hwy PalmDrI n t r a c o a s t a l R d R o b e r t s R d NFederalHwyNFederalHwyNFederalHwyNFederalHwyT u r n e r R d KarenDrPiersonDrI n t r a c o a s t a l R d KarenDrR o b e r t s R d 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) SHDR Existing FLU (SHDR)Existing FLU (SHDR) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) CONSERVATION (CON) Boynton Beach ±338 FecRailroadN F e d e r a l H w y NFederalHwyN Federal HwyNOldDixieHwy FecRailroadN F e d e r a l H w yNFederalHwy NOldDixieHwyNOldDixieHwyW a l m a r t S u p e r c e n t e r N F e d eral Hwy NFederalHwyPiersonDrPalmDrT u r n e r R d B a y f r o n t D rBayfrontDr NFederalHwyNFederalHwyN Federal Hwy N FederalHwy N F e d e r al Hwy PalmDrI n t r a c o a s t a l R d R o b e r t s R d NFederalHwyNFederalHwyNFederalHwyNFederalHwyT u r n e r R d KarenDrPiersonDrI n t r a c o a s t a l R d KarenDrR o b e r t s R d 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) CG Proposed FLU (CG & SHDR)Proposed FLU (CG & SHDR) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Future Land Use CONSERVATION (CON) GENERAL COMMERCIAL (GC) LOCAL RETAIL COMMERCIAL (LRC) LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre Boynton Beach ± SHDR 339 JOSIES RESTAURANT PROJECT NARRATIVE Request: Major Development Application Project/Case No: 2025.05.3470 Resubmittal: September 23, 2025 Revision: December 19, 2025 Statement of Use and Justification for Future Land Use Map Amendment and Rezoning SSRS VENTURES, LLC (“Petitioner”) is the owner of the +/- 1.34-acre property located at 3047 N. Federal Hwy. and identified by parcel control number 08-43-46-04-12-000- 0140/1050/1060 (“Property”). The Property is generally located on the east side of N. Federal Hwy. between Gulfstream Blvd. and Old Dixie Hwy. within the City of Boynton Beach (“City). The Property is designated SHDR (“Special High Density Residential 20 du/acre”), on the City’s Future Land Use Map and is located within the IPUD (Infill Planned Unit Development) zoning district and within the UCDO (“Urban Commercial Overlay District”). The Property is vacant and serving no beneficial use to the City or the surrounding community. Petitioner is proposing to replat the Property into two parcels, creating a 0.72-acre parcel, identified as Tract 1 and Phase I (“Development Parcel”) that will be developed with a new 4,733 square foot building with 478 square feet of outdoor seating area to be used as the new location for Josie’s Ristorante (“Project”), and a 0.62-acre parcel, Tract 2, that will be developed in the future (“Phase II”). To develop the Project, Petitioner is requesting a future land use map amendment (“FLUMA”) to amend the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC) and change the zoning designation from IPUD to C-3 (“Community Commercial District”) on the 0.72-acre Development Parcel. The 0.62-acre parcel will maintain the existing future land use and zoning designations to facilitate the future development on the parcel. A site plan application will be submitted to develop Phase II at a later date. As part of this entitlement process, Petitioner will also be processing a Major Site Plan Application and subsequent Plat Application in order to allow for the commercial restaurant use on the Development Property and reconfigure the property. Josie’s Restaurant (“Josie’s”), currently located and operating at 650 E Woolbright Road, is a fine- dining Italian restaurant that has been in business for over 30 years. Due to an unforeseen situation, the restaurant is being forced to relocate. Petitioner identified a unique opportunity to develop a new and innovative Josie’s location on the Property, which will allow Josie’s to have a permanent home, and to further cement itself as an integral and contributing member of the City and greater community. The Project will make use of multiple vacant parcels and bring a vibrant new development along the Federal Hwy. corridor. 340 Josies Restaurant Page | 2 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 FLUMA AMENDMENT & REZONING CRITERIA In accordance with Chapter 4 Article III.2.II.2.D of the City’s Code, Petitioner will demonstrate below that the FLUM Amendment and Rezoning, a) are needed; b) are consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations; c) are compatible with the surrounding uses in terms of density, scale, and the nature of use; d) will promote orderly growth and discourage piecemeal development; e) will support complementary land uses, the integration of a mix of land uses consistent with smart growth and sustainability initiatives, access to alternative modes of transportation, and interconnectivity within the project and between adjacent properties; f) does not exceed the availability of Public Services/Infrastructure; g) will have a positive economic impact; and h) will not reduce the amount of land available for commercial development. a) Demonstration of Need. Approval of the FLUM Amendment and Rezoning Applications is necessary to allow for development of the Project, which is needed to redevelop an underutilized vacant lot with a restaurant that will serve the surrounding community and be a contributing member of the City and greater community. b) Consistency. The proposed FLUM Amendment and Rezoning are consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Per Policy 1.3.1(b) of the City’s Comprehensive Plan states that the Commercial future land use category, “shall allow a broad range of commercial uses to provide for business, retail, service, office and other commercial enterprises that support the resident and visitor populations and create employment opportunities.” The Project is in line with this intent and will allow for the development of commercial uses on the Development Property. Additionally, the Project supports the following objectives and policies within the City’s Comprehensive Plan:  Policy 1.7.2 of the Plan provides that the City shall encourage land assembly to promote large-scale redevelopment and infill projects. A Declaration of Unity of Title has been executed which unifies the two parcels to support the development of Josie’s on the Property. As part of the Project, Petitioner will be making improvements to the Property, which in addition to the infill development of the underutilized Property, will include attractive new landscaping, aimed at beautifying the heavily traveled N. Federal Highway roadway.  Objective 1.17 of the Plan, as it will help the City to pursue economic development opportunities to support a competitive and diversified economy and bolster the quality of life for residents by providing a permanent home to this well-regarded dining establishment. 341 Josies Restaurant Page | 3 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025  Policy 1.17.1, as it will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and long-term jobs with the added employer that will come to the City as a result of this Project. Lastly, the Project is consistent with the purpose and intent of the C-3 (Community Commercial District) in the City’s LDRs, which states, “The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares.” The Project meets this intent by providing commercial uses for the surrounding community along the major thoroughfare of N. Federal Hwy. c) Compatibility. The proposed GC FLUM designation and C-3 zoning designation are compatible with the surrounding uses in terms of density, scale, and the nature of use. d) Orderly Growth. The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. As it stands, the existing parcel is undevelopable with the highest and best use under the current FLUM and zoning designations. The proposed amendments will create the regulatory framework to allow a beneficial and well- planned development on the Property. The Project will serve significant benefit to the community by providing a vibrant commercial building with frontage along N. Federal Highway, to include a Pedestrian Zone with paver walkway, street-trees and an active area. e) Location Efficiency. The FLUM Amendment, Rezoning, and Master Plan will support complementary land uses providing transitional uses from the existing residential to the south and east and commercial use to the north. The Property is located adjacent to a Palm Tran stop (Stop 200, “Federal Highway & Turner Road”) that connects directly to the Delray Tri-Rail, thus improving access to a wide range of mobility options. In consideration of these factors, the Project is located efficiently to promote sustainable development and mobility. f) Availability of Public Services/Infrastructure. The proposed FLUM Amendment has been reviewed for long-term capacity availability at the maximum intensity permitted under the requested SHDR future land use classification, as detailed below: 342 Josies Restaurant Page | 4 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Existing Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential Special High Density Residential 20 du/acre 0.72 20 Dwelling Units per Acre 14 DU Proposed Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential General Commercial 0.72 0.5 15,681 SF (1) Roadways – The FLUM Amendment and Rezoning meet the City’s roadway concurrency standards. Please refer to the FLUM Amendment Traffic Study and TPS Letter with this application, which detail compliance with the City’s Roadway concurrency standards. (2) Potable Water - The FLUM Amendment and Rezoning meet the City’s potable water concurrency standards. Boynton Beach Utilities will be the water service provider for the referenced project. The City has a 10” waterline line running along North Seacrest Blvd as shown on the record drawings. The Project will connect to that line and bring water, fire and domestic service to the Property. The existing 10” watermain has sufficient capacity for fire and domestic service. The Project connection will consist of a new 8” watermain with a new fire hydrant connected directly to the 10” watermain. The new (on-site) fire and domestic water lines will have independent connections to the 10” watermain on N. Seacrest Blvd. Two fire hydrants are provided within Phase I in accordance with spacing requirements and comments received from the Fire Division. Fire flow shall be provided at flows not less than 1200 gallons per minute in addition to a maximum day requirement at pressures of not less than 30 pounds per square inch. Domestic flow is calculated at 100 -200 gpd/ unit or ERC. As such, the project engineer estimates the water domestic use at 90 units x 200 gpd = 18,000 gallons per day. The utility may apply a peak-hour factor of 4.0. The water utilities will be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County Health Department. 343 Josies Restaurant Page | 5 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of potable water service and capacity for the Project. (3) Sanitary Sewer – The FLUM Amendment, Rezoning, and Master Plan meet the City’s sanitary sewer concurrency standards. Boynton Beach Utilities will be the sewer service provider for the Project, and sanitary sewer mains are available adjacent to the Property. However, depending on the site grading, a private lift station and force main may be needed to discharge into the City closest sanitary manhole. In case of a shallow sanitary manhole, Petitioner will be responsible to lower that manhole to accommodate the addition flow, while maintaining the downward slope that causes the wastewater to flow freely down the pipes due to gravity. “City of Boynton Beach Utilities” will be the Water Treatment Plants for the project. The total permitted maximum day operating capacity of the plants is 34.44 MGD, and the total maximum daily flow at the plants as recorded on monthly operating reports during the past 12 Months is 16.5 MGD. In addition, “South Central Regional Wastewater Treatment & Disposal Board” is the Wastewater Treatment Plant that will serve the project. Its maximum monthly average daily flow over the last 12-month period is 19.11 MGD, and the maximum three-month average daily flow over the last 12-month period is 17.97 MGD Sewage collection system shall be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County health Department. Based on the record drawings, the Project will be designed to connect to the existing sewer line on the NW corner of the property line. The sewer line is located in an easement, and the connection will be via a new force main from the new private pump station. Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of sanitary sewer service and capacity for the Project. (4) Solid Waste - There is sufficient solid waste capacity to serve the Project. The Solid Waste Authority of Palm Beach County (“Authority”) is the solid waste service provider for the City and the Property. Please refer to the letter from the Solid Water Authority, which provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated Palm Beach County for the coming year of 2024, the five• year, and ten-year planning periods. capacity remaining. Based upon the existing County population, the most recently available population growth rates published by the University of Florida 344 Josies Restaurant Page | 6 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Bureau of Economic and Business and Research (BEBR), medium projection, projected rates of solid waste generation, waste reduction, and recycling, the Authority forecasts that capacity will be available at the existing landfill through approximately the year 2054. (5) Stormwater Drainage - The Project will be designed to meet the City’s stormwater management requirements. The stormwater system will consist of exfiltration trenches, dry retention areas, swales and catch basins. We intend to capture, treat and convey all stormwater on-site without affecting adjacent properties or the roadway drainage system on N. Federal Highway. Parking area drainage grade elevation shall not be lower than the maximum water surface elevation produced by the three-year, 24-hour rainfall event in any retention, detention, or conveyance facility receiving stormwater runoff. However, where detention or retention is provided by subsurface exfiltration systems the finished grade shall be no lower than the maximum storage elevation produced by the five-year, 24-hour event. Storm sewer system capacity design shall, at a minimum, provide for conveyance of peak inflow from the applicable catchment, based on the three-year rainfall event, such that the hydraulic gradient elevation does not exceed the grate or cover elevation at any inlet or manhole under tailwater conditions Secondary system, including all facilities and appurtenant structures for detention, retention, discharge, and conveyance to legal positive outfall, shall be designed and constructed to provide the degree of treatment and control of all stormwater runoff discharged from a development site necessary to meet the requirements of the agency having jurisdiction over receiving waters at each point of legal positive outfall. Secondary facilities for development subject to permitting by individual or general permit from SFWMD (6) Schools – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. (7) Recreation and Open Space – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. g) Economic Development Impact. Approval of the proposed FLUM Amendment and Rezoning will not represent a decrease in the possible intensity of development or represent a potential decrease in the number of uses with high probable economic development benefits. The Project will provide a reasonable increase in density to create a much-needed modern affordable housing opportunity within the City, thus creating an economic development benefit to the current and future residents of the City and responding to the urgent and ongoing housing crisis in the region and nation at large. 345 Josies Restaurant Page | 7 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 h) Heavy Commercial and Industrial Land Supply. Approval of the proposed FLUM Amendment and Rezoning will not reduce the amount of land available for heavy commercial/industrial development. i) Master Plan and Site Plan Compliance with Land Development Regulations. The Project complies with the site development standards of the City’s Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. CONCLUSION In conclusion, the approval of this application, along with the Major Site Plan application, will allow a well-known and successful restaurant to relocate within the City and be developed on a parcel of land that has been underutilized and vacant for over 30 years. The proposed application is compliant with the proposed Comprehensive Plan designation, Zoning District, and property development regulations. We appreciate the assistance of City staff for the assistance with this application and respectfully request your supportive recommendation to the City Commission. Should there be any questions or need of additional information, please contact Bradley Miller, bmiller@udsflorida.com or Ailish Villalobos, avillalobos@udsflorida.com as Agents for the Applicant. 346 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR A FUTURE LAND USE MAP AMENDMENT (FLUM 2025.05.3470) FOR THE NORTHERN APPROXIMATELY 0.72-ACRE PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N FEDERAL HIGHWAY, AMENDING THE FUTURE LAND USE FROM SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) TO GENERAL COMMERCIAL (GC), TO ALLOW DEVELOPMENT OF A NEW JOSIE'S RESTAURANT AND ASSOCIATED SITE PLAN IMPROVEMENTS. THE REMAINING APPROXIMATELY 0.61- ACRE PORTION OF THE PROPERTY WILL RETAIN ITS SHDR FUTURE LAND USE AND IPUD ZONING FOR POTENTIAL FUTURE DEVELOPMENT. 347 Page 2 of 3 ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The existing property consists of three parcels that were previously unified under a recorded Unity of Title. The unified 1.34-acre property has remained vacant under its current SHDR and IPUD designation. The applicant proposes to divide the property into two development areas: a northern approximately 0.72-acre area, including two existing parcels and a portion of the third parcel, for the new Josie’s Restaurant, and a southern approximately 0.61-acre portion of the remaining parcel reserved for future development. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The new site offers an opportunity to reinvest along North Federal Highway and retain a local business. The Future Land Use Map amendment to General Commercial (GC) and the Rezoning to Community Commercial (C-3) are required to permit restaurant use and ensure consistency with the companion Major Site Plan application. The property lies in the Urban Commercial Overlay District, which encourages commercial intensification along key corridors. See Exhibit “A” for the legal description of the rezoned property. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 348 Page 3 of 3 (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 349 City of Boynton Beach Agenda Item Request Form 8.B 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. 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Ordinance No. 26-003- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Official Zoning Map of the City of Boynton Beach, Florida, for the northern approximately 0.72-acre portion of a 1.34-acre unified property generally located at 3047 N. Federal Highway, by changing the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial); providing that the remaining approximately 0.61-acre portion of the property shall retain its IPUD zoning designation; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of proposed Ordinance No. 26-003, at second reading. Explanation of Request: The subject property comprises three parcels previously unified under a recorded Unity of Title, creating a single 1.34-acre parcel. The unified property has remained vacant under its existing IPUD (Infill Planned Unit Development) zoning. The applicant proposes to separate the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future consideration under a separate application. To implement the proposed development configuration, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Rezoning, Future Land Use Map Amendment, and Major Site Plan applications. Approval of the Release of Unity of Title will allow the property to be replated and legally separated, consistent with the proposed zoning configuration. 350 Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business is required to relocate. The proposed site provides an opportunity to retain a locally established restaurant while encouraging reinvestment along the North Federal Highway corridor. The requested Rezoning would change the zoning designation of the northern portion of the property to C-3 (Community Commercial) to permit the proposed restaurant use and ensure consistency with the companion development applications. The property is located within the Urban Commercial Overlay District, which supports commercial development and reinvestment along major transportation corridors. The proposed zoning change is consistent with these objectives. The legal description of the property subject to the rezoning is provided in Exhibit “A.” How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 26-003 Agenda_Item_4135-2026_-_Proposed_Ordinance_-_Rezoning_IPUD_to_C- 3.docx Staff_Report_-_FLUM__REZN-2025.05.3470_-_Josie_s_Restaurant__3047_N_Federal_Hwy (1).docx Exhibit A - Tract 1 Legal Discription sketch.pdf Exhibit B - Zoning, Existing and Proposed.pdf Exhibit C - Justification Statement, FLUMA and Rezoning.pdf Agenda_Item_4135-2026_-_Business-impact-estimate.docx 351 ORDINANCE NO. 26-003 01.06.26 (IG) Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 BY 3 AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, FOR THE NORTHERN APPROXIMATELY 0.72-ACRE 5 PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N. 6 FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, BY CHANGING THE 7 ZONING DESIGNATION FROM INFILL PLANNED UNIT DEVELOPMENT 8 (IPUD) TO COMMUNITY COMMERCIAL (C-3); PROVIDING THAT THE 9 REMAINING APPROXIMATELY 0.61-ACRE PORTION OF THE 10 PROPERTY SHALL RETAIN ITS INFILL PLANNED UNIT DEVELOPMENT 11 (IPUD) ZONING DESIGNATION; PROVIDING FOR SEVERABILITY, 12 CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 15 No. 02-013, establishing an official zoning map of the City; and 16 WHEREAS, SSRS Ventures, LLC, has requested to rezone the northern approximately 0.72-17 acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, Boynton Beach, 18 FL, more particularly described in Exhibit “A,” from Infill Planned Unit Development (IPUD) to 19 Community Commercial (C-3); and 20 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 21 advertised hearing, received testimony and evidence related to the application and found that 22 the rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part 23 II, Florida Statutes; and 24 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 25 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 26 and 27 352 ORDINANCE NO. 26-003 01.06.26 (IG) Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after careful review of the application, staff has determined that the proposed 28 rezoning is consistent with an amendment to the Future Land Use Map, which was 29 contemporaneously considered and approved by the City Commission, complies with the City’s 30 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 31 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 32 which contains data and analysis supporting the rezoning; and 33 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 34 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 35 Regulations, and the City Commission deems it to be in the best interest of the public to amend 36 the City’s Zoning Map as further set forth herein. 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 38 BOYNTON BEACH, FLORIDA: 39 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 40 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 41 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 42 Infill Planned Unit Development (IPUD) to Community Commercial (C-3), and the City’s Official 43 Zoning Map shall be amended accordingly. 44 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 45 further authorized to make the necessary changes, as depicted in Exhibit B, and as required to the 46 City’s Official Zoning Map to reflect the above-stated changes. 47 353 ORDINANCE NO. 26-003 01.06.26 (IG) Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 4: Authorization to Transmit. The City Manager or designee is hereby 48 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 49 provisions of the Community Planning Act, if required. 50 Section 5: Severability. The provisions of this Ordinance are declared to be 51 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 52 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 53 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 54 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 55 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 56 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 57 Section 7: Effective Date. This Ordinance shall take effect immediately upon 58 adoption. 59 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 60 354 ORDINANCE NO. 26-003 01.06.26 (IG) Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 61 FIRST READING this ______ day of _____________________________, 2026. 62 SECOND, FINAL READING AND PASSAGE this ______ day of __________________________, 2026. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 Mayor – Rebecca Shelton _____ _____ 66 67 Vice Mayor – Woodrow L. Hay _____ _____ 68 69 Commissioner – Angela Cruz _____ _____ 70 71 Commissioner – Thomas Turkin _____ _____ 72 73 Commissioner – Aimee Kelley _____ _____ 74 75 VOTE ______ 76 ATTEST: 77 78 _____________________________ 79 Maylee DeJesús, MMC Rebecca Shelton 80 City Clerk Mayor 81 82 APPROVED AS TO FORM: 83 (Corporate Seal) 84 85 86 Shawna G. Lamb 87 City Attorney 88 355 ORDINANCE NO. 26-003 01.06.26 (IG) Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 356 ORDINANCE NO. 26-003 01.06.26 (IG) Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 357 ORDINANCE NO. 26-003 01.06.26 (IG) Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 358 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION PROJECT/CASE NO. FLUM & REZN-2025.05.3470 STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: John Stout, Planner II DATE: December 30, 2025 (City Commission Hearing: January 20, 2026, and February 3, 2026) PROJECT: Josie’s Restaurant, Future Land Use Map Amendment and Rezoning (FLUM, REZN 2025.05.3470) REQUEST: The Applicant is requesting approval of a Future Land Use map Amendment (FLUM 2025.05.3470) and Rezoning (REZN-2025.05.3470) for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N Federal Highway, amending the Future Land Use from SHDR (Special High Density Residential) and the Zoning from IPUD (Infill Planned Unit Development) to a Future Land Use of GC (General Commercial) with C-3 (Community Commercial) zoning designation, to allow development of a new Josie's Restaurant and associated site plan improvements. The remaining approximately 0.61-acre portion of the property will retain its SHDR future land use and IPUD zoning for potential future development. PROJECT DESCRIPTION Property Owner: SSRS Ventures, LLC Applicant: Stephanie Setticasi, SSRS Ventures, LLC Agents: Bradley Miller, Urban Design Studio Location: 3047 N Federal Highway, approximately 1.34 acres on the east side of N Federal Highway between Gulfstream Boulevard and Old Dixie Highway. The FLUM and the Rezoning request apply to the northern 0.72-acre development parcel. Existing Land Use/ Zoning: Special high-density residential (SHDR, 20 du/acre) / Infill Planned Unit Development (IPUD), Urban Commercial Overlay District (UCDO) 359 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4815BB33\@BCL@4815BB33.docx 2 Proposed Land Use/ Zoning: General Commercial (GC) / Community Commercial (C-3), Urban Commercial Overlay District (UCDO) Existing Use: Vacant Proposed Use: Restaurant Acreage: 1.34 acres unified Adjacent Uses: North: Commercial use along N Federal High, Community Commercial (C-3); South: Unincorporated Palm Beach County, General Commercial (CG); East: Unincorporated Palm Beach County, Single Family Residential (RS); West: North Federal Highway and Multifamily Residential, Planned Unit Development (PUD) PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to property owners within 400 feet of the subject properties, and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND The subject property comprises three parcels previously unified under a recorded Unity of Title, creating a single 1.34-acre parcel. The unified property has remained vacant under its existing Special High Density Residential future land use designation and Infill Planned Unit Development zoning. The applicant proposes to divide the property into two development areas. The northern approximately 0.72-acre portion, consisting of two existing parcels and a portion of a third parcel, is proposed for development of a new Josie’s Restaurant. The southern approximately 0.61-acre portion of the remaining parcel is not proposed for development at this time and is intended to remain reserved for future development under a separate application. To implement the proposed development, the applicant has submitted a Request for Release of Unity of Title, which is being processed concurrently with the companion Future Land Use Map Amendment, Rezoning, and Major Site Plan applications. Approval of the Release of Unity of Title will allow the property to be replatted into separate legal parcels consistent with the proposed development configuration. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The proposed 360 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4815BB33\@BCL@4815BB33.docx 3 site provides an opportunity to retain a locally established restaurant while encouraging reinvestment along the North Federal Highway corridor. The requested Future Land Use Map Amendment to GC and the Rezoning to C-3 are required to permit the proposed restaurant use and ensure consistency with the companion Major Street Plan application. The property is located within the Urban Commercial Overlay District, which encourages commercial intensification and pedestrian-oriented development along key corridors. The legal description of the property subject to the Future Land Use Map Amendment and Reszoning is provided in Exhibit “A.” REVIEW BASED ON CRITERIA The criteria for reviewing rezonings are set forth in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3. These criteria must be included in the staff analysis for any proposed project that involves rezoning. a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for the area under consideration, or by changes in the conditions or character of development in the area, ongoing or anticipated market trends may also be considered in a justification Statement provided as part of the application. The SHDR and IPUD entitlements have not resulted in the development of the site. Introducing General Commercial land use on the major corridor frontage enables a viable redevelopment, activates a highly visible location, and retains a significant local business currently facing displacement. The request demonstrates need based on market responsiveness, corridor redevelopment goals, and preservation of local economic anchors. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with and promote the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and any other current City-approved planning documents. The General Commercial future land use designation supports a wide range of commercial activities intended to serve residents and visitors. The proposed restaurant use aligns with Comprehensive Plan policies that support corridor reinvestment, infill redevelopment, increased economic activity, and improved urban design along major throughfares. Specifically, the Future Land Use Map amendment and rezoning, alongside the Master Plan, comply with the City’s Comprehensive Plan objectives and policies. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. North Federal Highway contains a mix of commercial and residential uses. The proposed GC and C-3 designations are compatible with this context. The building is situated fronting the main right- of-way, while buffering, walls, and landscaping protect adjacent residential areas to the south and east. Enhanced pedestrian features and the Art in Public Places further strengthen the relationship with the main right-of-way of North Federal Highway. 361 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4815BB33\@BCL@4815BB33.docx 4 d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The amendment and rezoning support orderly development by completing the C-3 restaurant portion and preparing for future development, while sharing utilities, stormwater infrastructure, and access, leaving both parcels functional and coordinated. e. Location Efficiency. Whether the proposed amendments to the FLU and Zoning maps would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or interconnectivity within the project and between adjacent properties. North Federal Highway and Palm Tran Route 1 serve the site directly. The project includes a pedestrian zone with street trees and improved walkability along North Federal Highway. By placing commercial use in a transit-accessible location and providing pedestrian circulation, the request advances smart growth and mobility objectives. f. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review under Chapter 1, Article VI, Concurrency. a. Transportation: The traffic analysis demonstrates compliance with City concurrency requirements. FDOT access review confirms that trips can be accommodated. b. Potable Water: Adequate capacity is available. c. Sanitary Sewer: Sewer capacity is available; a private lift station may be required. d. Stormwater: The drainage statement confirms compliance with City and SFWMD criteria. e. Solid Waste: Solid Waste Authority (SWA) confirms available regional capacity. f. Schools: Not applicable for commercial development. A SCAD letter of approval will be required upon submission of future development plans for on-site residential components. g. Economic Development Impact. The project reinvests in a long vacant property, retains a major Boynton Beach restaurant, supports local employment, and increases the City’s taxable commercial base. Construction will generate temporary jobs, and the long-term operation of Josie’s will stimulate nearby businesses and contribute to continued corridor revitalization. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. The property is not currently part of the City’s heavy commercial or industrial land supply. The request does not remove the land from inventory; instead, it adds general commercial acreage, improving commercial distribution along North Federal Highway. 362 Josie’s, 3047 N Federal Highway FLUM & REZN-2025.05.3470 Page 5 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4815BB33\@BCL@4815BB33.docx 5 RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment (FLUM 2025.05.3470) and Rezoning (REZN 2025.05.3470) requests against the applicable review criteria. Should the City Commission agree to approve the requests, the Planning and Zoning Division recommends APPROVAL. Furthermore, approval of these requests is contingent upon the approval of the associated New Major Site Plan (NWSP 2025.05.3470). 363 Richard N DeanDigitally signed by Richard N Dean Date: 2025.05.28 20:54:22 -04'00'EXHIBIT "A" - Page 2 of 2364 FecRailroadN F e d e r a l H w y NFederalHwyN Federal HwyNOldDixieHwy FecRailroadN F e d e r a l H w yNFederalHwy NOldDixieHwyNOldDixieHwyW a l m a r t S u p e r c e n t e r N F e d eral Hwy NFederalHwyPiersonDrPalmDrT u r n e r R d B a y f r o n t D rBayfrontDr NFederalHwyNFederalHwyN Federal Hwy N FederalHwy N F e d e r al Hwy PalmDrI n t r a c o a s t a l R d R o b e r t s R d NFederalHwyNFederalHwyNFederalHwyNFederalHwyT u r n e r R d KarenDrPiersonDrI n t r a c o a s t a l R d KarenDrR o b e r t s R d 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) IPUD Existing Zoning (IPUD)Existing Zoning (IPUD) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Zoning Classification C3 Community Commercial C4 General Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R2 Duplex, 10 du/ac REC Recreation Boynton Beach ±365 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) Proposed Zoning (C3 & IPUD)Proposed Zoning (C3 & IPUD) 0 80 160 240 32040 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Zoning Classification C3 Community Commercial C4 General Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R2 Duplex, 10 du/ac REC Recreation Boynton Beach ± IPUD C3 366 JOSIES RESTAURANT PROJECT NARRATIVE Request: Major Development Application Project/Case No: 2025.05.3470 Resubmittal: September 23, 2025 Revision: December 19, 2025 Statement of Use and Justification for Future Land Use Map Amendment and Rezoning SSRS VENTURES, LLC (“Petitioner”) is the owner of the +/- 1.34-acre property located at 3047 N. Federal Hwy. and identified by parcel control number 08-43-46-04-12-000- 0140/1050/1060 (“Property”). The Property is generally located on the east side of N. Federal Hwy. between Gulfstream Blvd. and Old Dixie Hwy. within the City of Boynton Beach (“City). The Property is designated SHDR (“Special High Density Residential 20 du/acre”), on the City’s Future Land Use Map and is located within the IPUD (Infill Planned Unit Development) zoning district and within the UCDO (“Urban Commercial Overlay District”). The Property is vacant and serving no beneficial use to the City or the surrounding community. Petitioner is proposing to replat the Property into two parcels, creating a 0.72-acre parcel, identified as Tract 1 and Phase I (“Development Parcel”) that will be developed with a new 4,733 square foot building with 478 square feet of outdoor seating area to be used as the new location for Josie’s Ristorante (“Project”), and a 0.62-acre parcel, Tract 2, that will be developed in the future (“Phase II”). To develop the Project, Petitioner is requesting a future land use map amendment (“FLUMA”) to amend the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC) and change the zoning designation from IPUD to C-3 (“Community Commercial District”) on the 0.72-acre Development Parcel. The 0.62-acre parcel will maintain the existing future land use and zoning designations to facilitate the future development on the parcel. A site plan application will be submitted to develop Phase II at a later date. As part of this entitlement process, Petitioner will also be processing a Major Site Plan Application and subsequent Plat Application in order to allow for the commercial restaurant use on the Development Property and reconfigure the property. Josie’s Restaurant (“Josie’s”), currently located and operating at 650 E Woolbright Road, is a fine- dining Italian restaurant that has been in business for over 30 years. Due to an unforeseen situation, the restaurant is being forced to relocate. Petitioner identified a unique opportunity to develop a new and innovative Josie’s location on the Property, which will allow Josie’s to have a permanent home, and to further cement itself as an integral and contributing member of the City and greater community. The Project will make use of multiple vacant parcels and bring a vibrant new development along the Federal Hwy. corridor. 367 Josies Restaurant Page | 2 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 FLUMA AMENDMENT & REZONING CRITERIA In accordance with Chapter 4 Article III.2.II.2.D of the City’s Code, Petitioner will demonstrate below that the FLUM Amendment and Rezoning, a) are needed; b) are consistent with, and promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations; c) are compatible with the surrounding uses in terms of density, scale, and the nature of use; d) will promote orderly growth and discourage piecemeal development; e) will support complementary land uses, the integration of a mix of land uses consistent with smart growth and sustainability initiatives, access to alternative modes of transportation, and interconnectivity within the project and between adjacent properties; f) does not exceed the availability of Public Services/Infrastructure; g) will have a positive economic impact; and h) will not reduce the amount of land available for commercial development. a) Demonstration of Need. Approval of the FLUM Amendment and Rezoning Applications is necessary to allow for development of the Project, which is needed to redevelop an underutilized vacant lot with a restaurant that will serve the surrounding community and be a contributing member of the City and greater community. b) Consistency. The proposed FLUM Amendment and Rezoning are consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Per Policy 1.3.1(b) of the City’s Comprehensive Plan states that the Commercial future land use category, “shall allow a broad range of commercial uses to provide for business, retail, service, office and other commercial enterprises that support the resident and visitor populations and create employment opportunities.” The Project is in line with this intent and will allow for the development of commercial uses on the Development Property. Additionally, the Project supports the following objectives and policies within the City’s Comprehensive Plan:  Policy 1.7.2 of the Plan provides that the City shall encourage land assembly to promote large-scale redevelopment and infill projects. A Declaration of Unity of Title has been executed which unifies the two parcels to support the development of Josie’s on the Property. As part of the Project, Petitioner will be making improvements to the Property, which in addition to the infill development of the underutilized Property, will include attractive new landscaping, aimed at beautifying the heavily traveled N. Federal Highway roadway.  Objective 1.17 of the Plan, as it will help the City to pursue economic development opportunities to support a competitive and diversified economy and bolster the quality of life for residents by providing a permanent home to this well-regarded dining establishment. 368 Josies Restaurant Page | 3 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025  Policy 1.17.1, as it will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and long-term jobs with the added employer that will come to the City as a result of this Project. Lastly, the Project is consistent with the purpose and intent of the C-3 (Community Commercial District) in the City’s LDRs, which states, “The intent of this conventional district is to encourage the development or use of property for appropriate intensive retail commercial uses providing for a wide range of goods and services, located along major thoroughfares.” The Project meets this intent by providing commercial uses for the surrounding community along the major thoroughfare of N. Federal Hwy. c) Compatibility. The proposed GC FLUM designation and C-3 zoning designation are compatible with the surrounding uses in terms of density, scale, and the nature of use. d) Orderly Growth. The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. As it stands, the existing parcel is undevelopable with the highest and best use under the current FLUM and zoning designations. The proposed amendments will create the regulatory framework to allow a beneficial and well- planned development on the Property. The Project will serve significant benefit to the community by providing a vibrant commercial building with frontage along N. Federal Highway, to include a Pedestrian Zone with paver walkway, street-trees and an active area. e) Location Efficiency. The FLUM Amendment, Rezoning, and Master Plan will support complementary land uses providing transitional uses from the existing residential to the south and east and commercial use to the north. The Property is located adjacent to a Palm Tran stop (Stop 200, “Federal Highway & Turner Road”) that connects directly to the Delray Tri-Rail, thus improving access to a wide range of mobility options. In consideration of these factors, the Project is located efficiently to promote sustainable development and mobility. f) Availability of Public Services/Infrastructure. The proposed FLUM Amendment has been reviewed for long-term capacity availability at the maximum intensity permitted under the requested SHDR future land use classification, as detailed below: 369 Josies Restaurant Page | 4 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Existing Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential Special High Density Residential 20 du/acre 0.72 20 Dwelling Units per Acre 14 DU Proposed Maximum Development Permitted Land Use Gross Acreage Maximum Density Permitted Maximum Development Potential General Commercial 0.72 0.5 15,681 SF (1) Roadways – The FLUM Amendment and Rezoning meet the City’s roadway concurrency standards. Please refer to the FLUM Amendment Traffic Study and TPS Letter with this application, which detail compliance with the City’s Roadway concurrency standards. (2) Potable Water - The FLUM Amendment and Rezoning meet the City’s potable water concurrency standards. Boynton Beach Utilities will be the water service provider for the referenced project. The City has a 10” waterline line running along North Seacrest Blvd as shown on the record drawings. The Project will connect to that line and bring water, fire and domestic service to the Property. The existing 10” watermain has sufficient capacity for fire and domestic service. The Project connection will consist of a new 8” watermain with a new fire hydrant connected directly to the 10” watermain. The new (on-site) fire and domestic water lines will have independent connections to the 10” watermain on N. Seacrest Blvd. Two fire hydrants are provided within Phase I in accordance with spacing requirements and comments received from the Fire Division. Fire flow shall be provided at flows not less than 1200 gallons per minute in addition to a maximum day requirement at pressures of not less than 30 pounds per square inch. Domestic flow is calculated at 100 -200 gpd/ unit or ERC. As such, the project engineer estimates the water domestic use at 90 units x 200 gpd = 18,000 gallons per day. The utility may apply a peak-hour factor of 4.0. The water utilities will be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County Health Department. 370 Josies Restaurant Page | 5 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of potable water service and capacity for the Project. (3) Sanitary Sewer – The FLUM Amendment, Rezoning, and Master Plan meet the City’s sanitary sewer concurrency standards. Boynton Beach Utilities will be the sewer service provider for the Project, and sanitary sewer mains are available adjacent to the Property. However, depending on the site grading, a private lift station and force main may be needed to discharge into the City closest sanitary manhole. In case of a shallow sanitary manhole, Petitioner will be responsible to lower that manhole to accommodate the addition flow, while maintaining the downward slope that causes the wastewater to flow freely down the pipes due to gravity. “City of Boynton Beach Utilities” will be the Water Treatment Plants for the project. The total permitted maximum day operating capacity of the plants is 34.44 MGD, and the total maximum daily flow at the plants as recorded on monthly operating reports during the past 12 Months is 16.5 MGD. In addition, “South Central Regional Wastewater Treatment & Disposal Board” is the Wastewater Treatment Plant that will serve the project. Its maximum monthly average daily flow over the last 12-month period is 19.11 MGD, and the maximum three-month average daily flow over the last 12-month period is 17.97 MGD Sewage collection system shall be designed and installed in accordance with the FDEP requirements and subject to applicable permits or approvals obtained from Boynton Beach Utilities and the appropriate permits secured from the Palm Beach County health Department. Based on the record drawings, the Project will be designed to connect to the existing sewer line on the NW corner of the property line. The sewer line is located in an easement, and the connection will be via a new force main from the new private pump station. Please refer to the letter from Boynton Beach Utilities included with this application, which confirms the availability of sanitary sewer service and capacity for the Project. (4) Solid Waste - There is sufficient solid waste capacity to serve the Project. The Solid Waste Authority of Palm Beach County (“Authority”) is the solid waste service provider for the City and the Property. Please refer to the letter from the Solid Water Authority, which provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated Palm Beach County for the coming year of 2024, the five• year, and ten-year planning periods. capacity remaining. Based upon the existing County population, the most recently available population growth rates published by the University of Florida 371 Josies Restaurant Page | 6 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 Bureau of Economic and Business and Research (BEBR), medium projection, projected rates of solid waste generation, waste reduction, and recycling, the Authority forecasts that capacity will be available at the existing landfill through approximately the year 2054. (5) Stormwater Drainage - The Project will be designed to meet the City’s stormwater management requirements. The stormwater system will consist of exfiltration trenches, dry retention areas, swales and catch basins. We intend to capture, treat and convey all stormwater on-site without affecting adjacent properties or the roadway drainage system on N. Federal Highway. Parking area drainage grade elevation shall not be lower than the maximum water surface elevation produced by the three-year, 24-hour rainfall event in any retention, detention, or conveyance facility receiving stormwater runoff. However, where detention or retention is provided by subsurface exfiltration systems the finished grade shall be no lower than the maximum storage elevation produced by the five-year, 24-hour event. Storm sewer system capacity design shall, at a minimum, provide for conveyance of peak inflow from the applicable catchment, based on the three-year rainfall event, such that the hydraulic gradient elevation does not exceed the grate or cover elevation at any inlet or manhole under tailwater conditions Secondary system, including all facilities and appurtenant structures for detention, retention, discharge, and conveyance to legal positive outfall, shall be designed and constructed to provide the degree of treatment and control of all stormwater runoff discharged from a development site necessary to meet the requirements of the agency having jurisdiction over receiving waters at each point of legal positive outfall. Secondary facilities for development subject to permitting by individual or general permit from SFWMD (6) Schools – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. (7) Recreation and Open Space – This is not applicable considering that the proposed FLUM Amendment and Rezoning are for commercial designation. g) Economic Development Impact. Approval of the proposed FLUM Amendment and Rezoning will not represent a decrease in the possible intensity of development or represent a potential decrease in the number of uses with high probable economic development benefits. The Project will provide a reasonable increase in density to create a much-needed modern affordable housing opportunity within the City, thus creating an economic development benefit to the current and future residents of the City and responding to the urgent and ongoing housing crisis in the region and nation at large. 372 Josies Restaurant Page | 7 Project Narrative – FLUA & Rezoning Major Development Application Rev. 12/19/2025 h) Heavy Commercial and Industrial Land Supply. Approval of the proposed FLUM Amendment and Rezoning will not reduce the amount of land available for heavy commercial/industrial development. i) Master Plan and Site Plan Compliance with Land Development Regulations. The Project complies with the site development standards of the City’s Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. CONCLUSION In conclusion, the approval of this application, along with the Major Site Plan application, will allow a well-known and successful restaurant to relocate within the City and be developed on a parcel of land that has been underutilized and vacant for over 30 years. The proposed application is compliant with the proposed Comprehensive Plan designation, Zoning District, and property development regulations. We appreciate the assistance of City staff for the assistance with this application and respectfully request your supportive recommendation to the City Commission. Should there be any questions or need of additional information, please contact Bradley Miller, bmiller@udsflorida.com or Ailish Villalobos, avillalobos@udsflorida.com as Agents for the Applicant. 373 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR A REZONING (REZN- 2025.05.3470) FOR THE NORTHERN APPROXIMATELY 0.72- ACRE PORTION OF A 1.34-ACRE UNIFIED PROPERTY LOCATED AT 3047 N FEDERAL HIGHWAY, AMENDING THE ZONING FROM INFILL PLANNED UNIT DEVELOPMENT (IPUD) TO COMMUNITY COMMERCIAL (C-3) ZONING DESIGNATION, TO ALLOW DEVELOPMENT OF A NEW JOSIE'S RESTAURANT AND ASSOCIATED SITE PLAN IMPROVEMENTS. THE REMAINING APPROXIMATELY 0.61- ACRE PORTION OF THE PROPERTY WILL RETAIN ITS IPUD ZONING FOR POTENTIAL FUTURE DEVELOPMENT. 374 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The existing property consists of three parcels that were p reviously unified under a recorded Unity of Title. The unified 1.34-acre property has remained vacant under its current SHDR and IPUD designation. The applicant proposes to divide the property into two development areas: a northern approximately 0.72 -acre area, including two existing parcels and a portion of the third parcel, for the new Josie’s Restaurant, and a southern approximately 0.61-acre portion of the remaining parcel reserved for future development. Josie’s Restaurant is a long-standing Boynton Beach establishment currently operating at 650 East Woolbright Road. Due to the loss of its existing location, the business must relocate. The new site offers an opportunity to reinvest along North Federal Highway and retain a local business. The Future Land Use Map amendment to General Commercial (GC) and the Rezoning to Community Commercial (C-3) are required to permit restaurant use and ensure consistency with the companion Major Site Plan application. The property lies in the Urban Commercial Overlay District, which encourages commercial intensification along key corridors. See Exhibit “A” for the legal description of the rezoned property. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE 375 Page 3 of 3 (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 376 City of Boynton Beach Agenda Item Request Form 8.C 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. 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed New Major Site Plan (NWSP-2025.05.3470) for a new 4,733-square-foot structure for Josie's Restaurant at 3047 N Federal Highway, subject to the approval of the companion Future Land Use Map Amendment and Rezoning Requests. This item was tabled at the January 20, 2026, City Commission Meeting. Requested Action: Staff recommends approval of the Major Site Plan (NWSP- 2025.05.3470). Explanation of Request: The subject property consists of three parcels previously unified under a recorded Unity of Title, forming a single 1.34-acre property. The property has remained vacant under its existing SHDR (Special High Density Residential) future land use designation and IPUD (Infill Planned Unit Development) zoning district. The New Major Site Plan is submitted concurrently with companion Future Land Use Map Amendment, Rezoning, and Release of Unity of Title applications to establish the appropriate commercial entitlement and legal parcel configuration for the proposed restaurant. Specifically, the applicant requests to rezone the northern 0.72 acres from IPUD with an SHDR future land use designation to C-3 (Community Commercial) zoning with a GC (General Commercial) future land use designation. A replat is required to implement the proposed development and establish the legal parcel configuration. The two portions of the site are designed to function independently, with shared access to North Federal Highway and shared utility infrastructure as required. The site is located within the Urban Commercial Overlay District, which encourages pedestrian-oriented design, enhanced landscaping, and reinvestment along major corridors. The proposed site plan reflects these objectives by orienting the building toward North Federal Highway, locating parking to the side and rear, providing a pedestrian zone along the frontage, 377 and incorporating an Art in Public Places feature. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Development Order - Major Site Plan Modification (NWSP 2025.05.3470).doc Staff Report - Major Site Plan Modification (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..docx Exhibit A - Location Map - (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..pdf Exhibit B - Justification Statement - (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..pdf Exhibit C- Project Plans - (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..pdf Exhibit D - Conditions of Approval (NWSP 2025.05.3470) - Josie's Restaurant, 4037 N Federal Hwy..docx 378 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) APPLICANT: Stephanie Setticasi, SSRS Ventures, LLC APPLICANT’S ADDRESS: 132 Island Dr., Ocean Ridge, Florida 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2026 (Tabled) February 3, 2026 APPROVAL SOUGHT: Approve the request of a New Major Site Plan (NWSP-2025.05.3470) to construct a one-story 4,733-square-foot restaurant building and associated site improvements on the northern approximately 0.72 acres of a 1.34-acre unified property located at 3047 N Federal Highway. This New Major Site Plan is associated with companion Future Land Use Map Amendment (FLUM- 2025.05.3470) and Rezoning (REZN-2025.05.3470) applications. LOCATION OF PROPERTY: 3047 N Federal Highway, Boynton Beach, Florida 33306 DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission, having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff , and the public, finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED: __________________________ _____________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Feeding South Florida - 4925 Park Ridge Blvd\MSPM 2024.11.73304\CC\Development Order - MSPM-2024.11.73304.doc 379 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION PROJECT/CASE NO. NWSP-2025.05.3470 STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Kevin Fischer, Division Director, Planning and Zoning FROM: John Stout, Planner II DATE: December 30, 2025 (City Commission Hearing: Tabled January 20, 2026) (City Commission Hearing: February 3, 2026) PROJECT: Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) REQUEST: The Applicant is requesting approval of a New Major Site Plan (NWSP- 2025.05.3470) to construct a 4,733-square-foot restaurant building and associated site improvements on the northern approximately 0.72 acres of a 1.34-acre unified property located at 3047 N Federal Highway. This New Major Site Plan is associated with companion Future Land Use Map Amendment (FLUM-2025.05.3470) and Rezoning (REZN-2025.05.3470) applications. PROJECT DESCRIPTION Property Owner: SSRS Ventures, LLC Applicant: Stephanie Setticasi, SSRS Ventures, LLC Agent: Bradley Miller, Urban Design Studio Location: 3047 N Federal Highway, Boynton Beach, Florida. The property is located on the east side of North Federal Highway, generally between Gulfstream Boulevard and Old Dixie Highway. Parcel Number: 08-43-46-04-12-000-0140 Existing Land Use: Special High Density Residential (SHDR, 20 du/acre) Proposed Land Use: General Commercial (GC) of the northern 0.72-acre portion of the unified 1.34-acre property, subject to approval of the companion FLUM and Rezoning applications and future replat. Existing Zoning: Infill Planned Unit Development (IPUD) 380 Josie’s, 3047 N Federal Highway NWSP-2025.05.3470 Page 2 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28174DE8\@BCL@28174DE8.docx PROPERTY OWNER NOTIFICATION Notice of the request was mailed to property owners within 400 feet of the subject property, and signs were posted for the City Commission hearing dates. The applicant has certified compliance with Ordinance Nos. 04-007 and 05-004. PROPOSED DEVELOPMENT Proposal: The proposal is for Josie’s, a Boynton Beach-based Italian restaurant seeking a new location following displacement from its prior Riverwalk site. The applicant proposes construction of a 4,733-square-foot restaurant building with approximately 478 square feet of outdoor dining. The restaurant development is limited to the northern 0.72 acres of the unified property. The remaining 0.61 acres will remain vacant and sodded in accordance with City Code until a future development application is submitted. Background: The subject property consists of three parcels previously unified under a recorded Unity of Title, forming a single 1.34-acre property. The property has remained vacant under its existing SHDR (Special High Density Residential) future land use designation and IPUD (Infill Planned Unit Development) zoning district. The New Major Site Plan is submitted concurrently with companion Future Land Use Map Amendment, Rezoning, and Release of Unity of Title applications to establish the appropriate commercial entitlement and legal parcel configuration for the proposed restaurant. Specifically, the applicant requests to rezone the northern 0.72 acres from IPUD with an SHDR future land use designation to C-3 (Community Commercial) zoning with a GC (General Commercial) future land use designation. A replat is required to Proposed Zoning: Community Commercial (C-3) of the northern 0.72-acre portion of the unified 1.34-acre property, subject to approval of the companion FLUM application and future replat. Acreage: 1.34 acres unified Adjacent Uses: North: Commercial use along N Federal High, Community Commercial (C-3); South: Unincorporated Palm Beach County, General Commercial (CG); East: Unincorporated Palm Beach County, Single-Family Residential (RS); West: North Federal Highway and Multifamily Residential, Planned Unit Development (PUD) 381 Josie’s, 3047 N Federal Highway NWSP-2025.05.3470 Page 3 3 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28174DE8\@BCL@28174DE8.docx implement the proposed development and establish the legal parcel configuration. The two portions of the site are designed to function independently, with shared access to North Federal Highway and shared utility infrastructure as required. The site is located within the Urban Commercial Overlay District, which encourages pedestrian-oriented design, enhanced landscaping, and reinvestment along major corridors. The proposed site plan reflects these objectives by orienting the building toward North Federal Highway, locating parking to the side and rear, providing a pedestrian zone along the frontage, and incorporating an Art in Public Places feature. ANALYSIS Traffic and Access: A traffic analysis was submitted demonstrating that the proposed restaurant complies with City concurrency requirements. The Florida Department of Transportation reviewed and approved the proposed access along North Federal Highway. Internal circulation provides adequate turning radii for service and emergency vehicles while clearly separating vehicular and pedestrian movements. No adverse impacts to the surrounding roadway network are anticipated. Utilities: Potable water and sanitary sewer service will be provided by the City of Boynton Beach. Utility availability has been confirmed. Due to site elevations, a private lift station may be required and will be reviewed during final engineering and permitting. Utility systems are designed to accommodate the proposed restaurant and allow for the future development of the remaining parcel. Fire: The Fire Department reviewed the site plan and has no objection. Emergency access, hydrant spacing, and fire apparatus circulation comply with City standards. Final fire protection details will be reviewed during permitting. Police: The Police Department reviewed the site plan for CPTED compliance and has no objection. Lighting, visibility, and circulation features support public safety objectives. Engineering: The Engineering Division reviewed the civil plans, grading, drainage design, and utility layout, and determined that the proposal complies with City engineering standards. Driveway geometry, internal circulation, and service access function appropriately. Remaining technical items will be addressed during permitting. Drainage: The proposed drainage system provides on-site stormwater collection, treatment, and attenuation in compliance with City standards and South 382 Josie’s, 3047 N Federal Highway NWSP-2025.05.3470 Page 4 4 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@28174DE8\@BCL@28174DE8.docx Florida Water Management District criteria. The system will not negatively impact adjacent properties or public rights-of-way. Parking and Circulation: Parking is provided in compliance with City requirements for restaurant uses. The applicant has requested approval of compact parking spaces through an engineering waiver. ADA-accessible parking spaces are located near primary entrances. Internal circulation is designed to function independently for the restaurant while maintaining long-term coordination with the remainder of the parcel. Landscaping and Buffering: The landscape plan meets City requirements for perimeter buffering, interior parking landscaping, and streetscape improvements. Buffering is provided along the south and east property lines adjacent to residential uses. Streetscape landscaping enhances the North Federal Highway frontage in accordance with Urban Commercial Overlay standards, providing shaded sidewalks and upgraded landscaping. Building Height and Design: The proposed building is a two-story, 26’-8” tall structure compliant with the height limitations of the C-3 zoning district. The architectural design incorporates articulated facades, defined entry features, and materials appropriate for a prominent corridor location. Mechanical equipment is screened from view. Lighting: The photometric plan demonstrates compliance with City lighting standards. Full-cutoff fixtures limit light spillover onto adjacent properties while providing adequate illumination for safety. Signage: Signage is not included in this site plan approval and will be reviewed under a separate permit. Public Art: The site plan includes a designated area along North Federal Highway intended to satisfy the City’s Art in Public Places requirements. Final artwork details will be reviewed and approved by the Art Advisory Board prior to issuance of a Certificate of Occupancy. Consistency with FLUM & Rezoning: The site plan is consistent with the required GC future land use designation and C-3 zoning district. Approval of the site plan is contingent upon approval of the companion FLUM and Rezoning applications. RECOMMENDATION Staff recommends APPROVAL of the New Major Site Plan (NWSP-2025.05.3470). Any additional conditions imposed by the City Commission will be incorporated into Exhibit “D” – Conditions of Approval. 383 FecRailroadN F e d e r a l H w y NFederalHwyM iller R d NOldDixieHwy811 811 SE 3 4 t h A v e F r a n c e s c a R i d g e R d WolfRunLnJamestownLnGulfs t r e a m B l v d G u l f stream BlvdNOldDixieHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n te r 1 N F e d e r al Hwy NFederalHwyN F e d e r a l Hwy WatersideCirC h u k k e r R d PiersonDrPalmDrT u r n e r R d KarenDrB a y f r o n t Dr NFederalHwyNFederalHwy1 PiersonDrPalmDrG o l f v i e w D r I n t r a c o a s t a l R d KarenDrR o b e r t s R d B l u e w a t e r C vNFederalHwyNFederalHwy Polo Cove PoloDrPalm Way Middle Rd 3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060)3047 N FEDERAL HWY (PCN: 08-43-46-04-12-000-0140/1050/1060) SITE Location MapLocation Map 0 140 280 420 56070 Feet Legend Site Location - 3047 N FEDERAL HWY Current City's Boundary Boynton Beach ±384 JOSIES RESTAURANT PROJECT NARRATIVE Request: Major Development Application Project/Case No: 2025.05.3470 Resubmittal: September 23, 2025 – Review Cycle 1 Resubmittal: October 24, 2025 – Review Cycle 2 Resubmittal: December 19, 2025 Statement of Use and Justification for Site Plan Application INTRODUCTION SSRS Ventures LLC (“Petitioner”) is the owner of the +/- 1.34-acres, generally located on the east side North Federal Highway and between Gulfstream Boulevard and Old Dixie Highway (“Property”), within the City of Boynton Beach (“City”), Palm Beach County (“County”). The Property is designated SHDR 20, Special High Density Residential 20 du/acre, on the City’s Future Land Use Map and is zoned IPUD, Infill Planned Unit Development. The Property is currently vacant. Petitioner is proposing to split the Property into two parcels, creating a 0.72-acre parcel, identified as Tract 1, and Phase I (“Development Parcel”) that will be developed with a new 4,733 square foot building with 478 square feet of outdoor seating area to be used as the new location for Josie’s Ristorante (“Project”), and a 0.62-acre parcel, Tract 2, that will be developed in the future (Phase II). To develop the Project, Petitioner is requesting a future land use map amendment (FLUMA) to amend the future land use designation from SHDR (Special High Density Residential 20 du/acre) to GC (General Commercial) and change the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial District) on the 0.72-acre Development Parcel, along with this Major Site Plan Application. The 0.62-acre parcel, Tract 2, will maintain the existing future land use and zoning designations to facilitate the future development on the parcel. A site plan application will be submitted to develop Phase II at a later date. Pursuant to discussion with Staff, the property will be configured by Plat, which is an administrative review process and can be processed concurrently with land development permits. In order to achieve this proposal, the Applicant is requesting approval of the following:  Release of Unity of Title for the overall 1.34-acre property.  Land Use Amendment from SHDR-20 to General Commercial (GC) and Rezoning from IPUD to C-3 for Tract 1 (0.72-acres).  Major Site Plan application for restaurant use within Tract 1 (0.72-acres).  Re-plat of the overall 1.34-acre property. 385 Josies Restaurant Page | 2 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 PROJECT DESCRIPTION As indicated, Petitioner is proposing to develop Phase I of this vacant parcel with a new 4,733 square foot restaurant (plus 478 square feet of outdoor seating area) on the northern 0.72 acres for the new location of Josie’s Restaurant, an established and well- known restaurant in the City of Boynton (“Project”). The restaurant will accommodate 118 seats within the building and 22 seats within the outdoor dining area. A 512 square foot outdoor open area is also provided along N. Federal Highway which will include a proposed artistic fountain in compliance with the Art in Public Places program. Josie’s Restaurant (“Josie’s”), currently located and operating at 650 E Woolbright Road, is a fine-dining Italian restaurant that has been in business for over 30 years. Due to unforeseen situation, the restaurant is being forced to relocate. Petitioner identified a unique opportunity develop a new and innovative Josie’s location on the Property, which will allow Josie’s to have a permanent home, and to further cement itself as an integral and contributing member of the City and greater community. The Project will make use of multiple vacant parcels and bring a vibrant new development along the Federal Highway corridor. The Future Land Use Element (“FLUE”), found in the Boynton Beach Comprehensive Plan (the “Plan”), provides multiple goals, policies and objectives aimed at guiding the future growth and development of the City that further support redevelopment of the Property with the Project. Policy 1.7.2 of the Plan provides that the City shall encourage land assembly to promote large-scale redevelopment and infill projects. A Declaration of Unity of Title has been executed which unifies the three parcels to support the development of Josie’s on the Property. As part of the Project, Petitioner will be making improvements to the Property, which in addition to the infill development of the underutilized Property, will include attractive new landscaping, aimed at beautifying the heavily traveled N. Federal Highway roadway. Moreover, the Project is supported by Objective 1.17 of the Plan, as it will help the City to pursue economic development opportunities to support a competitive and diversified economy and bolster the quality of life for residents by providing a permanent home to this well-regarded dining establishment. Finally, the Project supports Policy 1.171., as it will expand the economic base of the City by adding to the commercial sector of its economy, creating both temporary jobs during the construction phase and long-term jobs with the added employer that will come to the City as a result of this Project. The proposed Site Plan consists of a single restaurant building, situated along the N. Federal Highway frontage and required Pedestrian Zone, in compliance with the Urban Commercial Corridor Overlay. This provides a more engaging and active frontage along the roadway and screens parking areas from view. Access to the site is provided by a right-in/right out driveway on Federal Highway. The preliminary design of this driveway as shown on the Site Plan has been approved by FDOT. PARKING & LOADING Parking for the proposed restaurant use is calculated based 2.5 spaces per seat but no less than 1 space per 100 square feet of building area. As shown in the chart below, 386 Josies Restaurant Page | 3 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 the restaurant is proposed to have 118 seats, a gross building area of 4,733 square feet and 47 parking spaces are required, however a total of 45 spaces are provided, with 39 standards spaces, 4 compact spaces and 2 handicap accessible spaces. This application requests the approval of a parking reduction of 2 spaces pursuant to Chapter 4, Article V, Section 3. A.1 and as outlined below. PARKING REDUCTION (per Chapter 4, Article V, Section 3.A) Use Data Parking Data Reduction Use Sq. Ft. Seats Rate Required Provided Spaces Percentage Restaurant 118 2.5 47.2 45 -2.2 4.66% 4,733 100 47.33 45 -2.33 4.92% The requested reduction is applicable to this project by meeting the conditions of Section 3.A.1 and the Criteria of 3.A.2. as indicated below. 3.A.1. Applicability: This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above. Response: Section 2.A. regulates the parking standards for all uses within the City, including the required number of spaces. The proposed development complies with all standards of this section, with the exception of the required number of spaces of which a reduction of 2 space or 4.92% is hear-by requested by this application. b. Shall only apply to non-residential uses; and Response: the proposed use is a restaurant and is therefore applicable. c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. Response: no other provision is being requested to reduce the number of spaces required. 3.A. 2. Criteria The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%). a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees, should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation. Response: the site is clear of vegetation; however, it is designed to provide as much landscaping as possible to comply and exceed the code requirements. As shown in the Landscape Legend chart on Sheet L-3 of the landscape plans, there are 5 additional trees than required and provided within the east buffer to provide better screening from the adjacent residential use. The proposed landscape design has also taken into account the need for shade of the parking lot and pedestrian zone along Federal Highway. 387 Josies Restaurant Page | 4 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 b. Impervious surfaces shall be minimized; and Response: the site has been designed to provide the proper paved access, circulation and parking to support the proposed restaurant use. If there were the area to provide the 2 parking spaces, it would only increase the impervious area. c. Pedestrian connections shall be enhanced. Response: the pedestrian connections are minimal on site however located in areas that are landscaped and enhanced with landscaping related to the outdoor sitting on the south and pedestrian zone area along the Federal Highway frontage. The intent of these areas are to provide for al fresco dining with an enhanced atmosphere. As indicated, the parking provided includes four (4) compact spaces at a reduced size of 8’ x 16’ pursuant to an administrative engineering waiver which has been granted to allow these compact spaces in this circumstance. Likewise, the required loading space is proposed within one of the internal drive aisles and is also subject to an engineering waiver. The parking spaces in which it blocks will be designated for employee use, plus all deliveries will be scheduled in off business hours to avoid conflicts. LANDSCAPING As shown by the provided Landscape Plans, the perimeter of the property is provided with a Pedestrian Zone, including a shaded walkway and pedestrian use/patio area, along the Federal Highway frontage; plus landscape buffers of 5 feet in width along the north and south property lines adjacent to parking and 12 foot width with a 6 foot high wall and landscaping along the east property line where adjacent to residential homes. As shown in the Landscape Legend chart on Sheet L-3 of the landscape plans, there are 5 additional trees than required and provided within the east buffer to provide better screening from the adjacent residential use. Within the parcel, the parking area is provided with landscaped islands and dividers which will be planted with trees and vegetation as required by code to provide shade in the parking areas. ARCHITECTURE Preliminary architectural plans are provided for review within the Site Plan application package. The building is proposed at a height of 26’-2”, with a partial second floor that will be used for mechanical equipment above the kitchen space and the ceiling height of the dining area will be approximately 15’. The ground floor is divided between the seating area and the kitchen space. There are 118 seats proposed inside the restaurant and 22 seats outside on the patio space. Operating business hours are anticipated to be 11:00 am to 10:00 pm, seven days a week. CONCLUSION In conclusion, the approval of this application, along with the FLUMA and Rezoning, will allow a well-known and successful restaurant to relocate within the City and be developed on a parcel of land that has been underutilized and vacant for over 30 years. The proposed application is compliant with the proposed Comprehensive Plan designation, Zoning District, and property development regulations. 388 Josies Restaurant Page | 5 Project Narrative – Site Plan Major Development Application Rev. 12/19/2025 We appreciate the assistance of City staff for the assistance with this application and respectfully request your supportive recommendation to the City Commission. Should there be any questions or need of additional information, please contact Bradley Miller, bmiller@udsflorida.com or Ailish Villalobos, avillalobos@udsflorida.com as Agents for the Applicant. 389 COMPA C T COMPA C T COMPACT COMPACT 60'-0" WASTE TRUCK MIN. BACK UP CLEARANCE 18'-0" N. FEDERAL HIGHWAY13'-4"SETBACK5 LINE OF LOT SPLIT (TYPICAL)24'-0"AISLE18'-0"12'-0" ADJACENT PROPERTY Jurisdiction: BOYNTON BEACH Land Use Designation: LRC Local Retail Commercial Zoning Classification: C3 Community Commercial Use: THE TICKET CLINIC ADJACENT PROPERTY Jurisdiction: PALM BEACH COUNTY Land Use Designation: MR-5 Zoning Classification: RS Use: TRADE WINDS ESTATES ADJACENT PROPERTY Jurisdiction: PALM BEACH COUNTY Land Use Designation: CH/5 Zoning Classification: CG Use: MF RESIDENTIAL 149'-0"120'-03 8" RESTAURANT 4,733 SF - 118 SEATS (FIN FLR @ 9.5 NAVD) HEIGHT - 26'-2"OUTDOOR 478 SF 15 84'-0"13'-4"47'-8"17'-0"ADDITIONAL RIGHT-OF-WAY WEST LINE OF LOTS AS PLATTED 6 5'-8"18'-0"5'-0"71'-8"10'-0"WALK8'-0"ACTIVITY8 6'-0" 24'-0" AISLE 5'-0" 524'-0"AISLE16'-0"5'-6"14'-10" LIFT STATION 5'-0" TREE ZONE (OVERLAPS 2'-6" w/ WALK ZONE) 1'-0"2'-6"2'-6"FUTURE CONNECTION. NO TREES IN THIS AREA BUT CONTINUOUS HEDGE TO BE INSTALLED. OPEN OUTDOOR 512 SF TRANSFORMERLANDSCAPEISLAND 156 SFLANDSCAPE ISLAND 163 SF LANDSCAPEISLAND 664 SFLANDS C A P E ISLAN D 1 , 4 5 0 S F LANDSCAPEISLAND 649 SFLANDSCAPE ISLAND 135 SF PHASE 2 FUTURE DEVELOPMENT +-70'-0"LANE DIVIDER TO BE APPROVED BY FDOT EXISTING 6' HIGH WALL 10'-0"EASMNT10'-0" EASMNT LOADING ART FOUNTAIN (PUBLIC ART) SUBJECT TO FINAL DESIGN BY SELECTED ARTIST AND APPROVAL BY THE ARTS COMMISSION PRIOR TO BUILDING PERMIT ISSUANCE.STOP BARSTOP BAR STOP SIGN 12'-0"35'-0"6' HIGH CMU WALL @ DUMPSTER AREA (TYP.) 5' TYPE 1 LANDSCAPE BUFFER 12' TYPE 2 LANDSCAPE BUFFER 20'-6"68'-8" FRONTAGE (13' MIN. CEILING)LANDSCAPEISLAND 165 SFLANDS C A P E ISLAN D 6 6 0 S F R20'-0"12'-0" 12' - 0 " 24'-0" FUTURE CONNECTION. NO TREES IN THIS AREA BUT CONTINUOUS HEDGE TO BE INSTALLED.18'-0"7'-4"8"4'-0" ACCESS GATE DUMP.12'-0"25'-6"9'-0"PARKING LOT LIGHT FIXTURE (TYP.) 25' SIGHT TRIANGLE 25' SIGHT TRIANGLE GREASE TRAP 9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"18'-0"EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY12'-0"7'-0"6' HIGH CMU BUFFER WALL 5' TYPE 1 LANDSCAPE BUFFER 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 5'-0" 24'-0" AISLE9'-0"9'-0"9'-0"9'-0"9'-0"12'-0"5'-0"12'-0"9'-0"9'-0"9'-0"5'-0" 6 ZERO LOT LINE SIDE SETBACKZERO LOT LINE SIDE SETBACKZERO LOT LINE SIDE SETBACK5'-0" 21'-0" FRONTAGE (2 STORY)24'-0"20'-0" EASMNT9'-0"24'-0"AISLE18'-0"8'-0" 8'-0" 9'-0" 9'-0" 9'-0" 9'-0" 8'-0"8'-0" 9'-0"9'-0"9'-0"9'-0"16'-0"18'-0"18'-0"15'-0"REARSETBACKSTOP SIGN 6'-1" LANDSCAPE ISLAND 130 SF94'-3"FH HATCHING DENOTES 2-STORY SPACE 6' HIGH CMU WALL @ LIFT STATION 5'-0" 12'-0" U.E. (TYP.) 12'-0" U.E. 12'-0" U.E.12'-0"U.E.BOYNTON BEACH STANDARD PAVER HOLLAND-STONE RED/CHARCOAL COLOR MIX LAID IN A 45 HERRINGBONE PATTERN SITE K-3 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.HANDICAP PARKING, STALLS AND DETAILS 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-3A DUMPSTER ENCLOSURE DETAIL 02/20 BOYNTON BEACH ENGINEERING STANDARD DETAIL EFF. DATE DETAIL. NO.G-3B DUMPSTER ENCLOSURE DETAIL 02/20 LANDSCAPE PERVIOUS AREA 6,040 / 31,665 SF = 19.0% 45 spaces x 25 SF = 1,125 SF min of Parking L'scape Islands Required Parking L'scape Islands Provided = 4,172 SF BUILDING COVERAGE 5,211 / 31,665 = 16.4% IMPERVIOUS AREA 20,413 / 31,665 = 64.4% REQUIRED SETBACKS FRONT:0'-0" SIDE:0'-0" REAR:15'-0" RESTAURANT PARKING 118 INDOOR SEATS @ 1 SPACE/2.5 SEATS = 47.2 SPACES 22 OUTDOOR SEATS (18.6% OF INDOOR SEATS) LESS 5% INCENTIVE= 45 SPACES 4,733 SF @ 1 SPACE/100 SF = 47.33 SPACES LESS 5% INCENTIVE = 45 SPACES 45 SPACES REQUIRED 45 SPACES PROVIDED (39) STANDARD 9'x18' (2) ADA 12'x18' (4) COMPACT 8'x16' OVERALL SITE DATA LOT AREA - 58,484 SF, 1.34 ACRES LOT SPLIT AREAS NORTH SIDE - 31,665 SF, 0.727 ACRES SOUTH SIDE - 26,819 SF, 0.615 ACRES PCN'S:08-43-46-04-12-000-0140 / 0150 / 0160 EXISTING FUTURE LAND USE DESIGNATION: SHDR 20 (Special High Density Residential 20 du/acre) EXISTING ZONING CLASSIFICATION: IPUD (Infill Planned Unit development) OVERLAY: UCDO (Urban Community District Overlay) NORTH SIDE LOT SPLIT SITE DATA LOT AREA - 31,665 SF, 0.727 ACRES PROPOSED USE: 4,733 SF RESTAURANT (118 SEATS) PROPOSED FUTURE LAND USE DESIGNATION: GC (General Commercial) PROPOSED ZONING CLASSIFICATION: C-3 (Community Commercial) SOUTH SIDE LOT SPLIT SITE DATA LOT AREA - 26,819 SF, 0.615 ACRES PROPOSED FUTURE LAND USE DESIGNATION: SHDR 20 (Special High Density Residential 20 du/acre) PROPOSED ZONING CLASSIFICATION: IPUD (Infill Planned Unit development) PROPOSED SETBACKS FRONT:13'-4" SIDE:1'-0", 20'-0" adj to Residential REAR:94'-3"JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A101 SITE PLAN SCALE: 1" = 20'-0"1 390 Richard N DeanDigitally signed by Richard N Dean Date: 2025.05.28 20:54:22 -04'00'391 JJ o s i e sosies JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A0 JOSIES RESTAURANT 3047 N. FEDERAL HIGHWAY PROJECT TEAM ARCHITECT LANDSCAPE ARCHITECT RANDALL STOFFT ARCHITECTS 42 NORTH SWINTON AVE. DELRAY BEACH, FLORIDA 33444 TEL: 561-243-0799 CONTACT: Gary Stofft EMAIL: gary@stofft.com KWD LANDSCAPE ARCHITECTURE 4730 NW BOCA RATON BLVD SUITE 100 BOCA RATON, FL 33431 TEL: 561-243-1873 CONTACT: Dante Cornish EMAIL: dante@kwdesignteam.com CIVIL ENGINEER HALEY ENGINEERING, INC. 1680 SE 4th ST DEERFIELD BEACH, FL 33441 TEL: 954-260-6194 CONTACT: John Haley EMAIL: johnjhaley@comcast.net COVER SHEET SITE PLAN 1ST FLOOR PLAN A0 A101 A201 2ND FLOOR PLANA202 ROOF PLAN EAST & WEST ELEVATIONS NORTH & SOUTH ELEVATIONS A301 A302 A210 BUILDING SECTIONSA303 ARCHITECTURAL SHEET INDEX ZONING & FUTURE LAND USE MAPSA102 SURVEYOR DEAN SURVEYING & MAPPING 4201 WESTGATE AVE SUITE A-3 WEST PALM BEACH, FL 33409 TEL: 561-625-8748 CONTACT: Richard Dean EMAIL: dean@deansurveyors.com 392 200 SERIES KEYNOTES ALUMINUM ROOFED PERGOLA SYSTEM200 - DECORATIVE ALUMINUM LOUVERED EYEBROW 201 - .. 202 -BALCONY ABOVE 203 - STATION COOKING COOLER PANTRY PIZZA DISH COFFEE MARKET RESTAURANT COVERED OUTDOOR OPEN OUTDOOR 89'-8" 20'-4"69'-4"71'-8"2'-8"69'-0"89'-8" 21'-0"15'-0"7'-0"46'-8"71'-8"12'-0"29'-2"6'-6"18'-0"6'-0"8'-8"5"9'-7"10'-0"9'-7"5"8'-8" 7'-0"10'-0"1'-4"10'-0"1'-4"10'-0"1'-4"10'-0"1'-4"10'-0"7'-0"3'-4"14'-4"2'-8"2'-0"8'-0"1'-7"6'-1"200 201 202 201201201 (118 SEATS) (22 SEATS) 44444 10 PRIVATE DINING SVC WINE 17 BAR 5 6 HOSTESS 6 4 4 4 4 4 4 4 4 4 4 4 WAITING 6 4 4 4 44 202 202 4 2 STATION NOTE: BUILDING TO BE EQUIPPED WITH FIRE ALARM & SPRINKLER SYSTEM 10987654321 11 12 13 201 AREA CALCULATION 1) RESTAURANT 2) OUTDOOR DINING 3) ACCESSORY STORAGE 4) MECHANICAL 4733 SF 478 SF 279 SF 1349 SF 6839 SF JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 24070649-15-2025© .I.B.O.GS 7.18.2024 A201 1st FLOOR PLAN SCALE: 1/4" = 1'-0" 393 200 SERIES KEYNOTES ALUMINUM ROOFED PERGOLA SYSTEM200 - DECORATIVE ALUMINUM LOUVERED EYEBROW 201 - .. 202 -BALCONY ABOVE 203 - MECHANICAL 21'-0"69'-0"2'-8"21'-0" 6'-10"7'-4"6'-10" 201 15'-0"45'-0"18'-0"6'-0"ACCESSORY STORAGE HOOD AREA BELOW 36'-0"2'-8"6'-10"7'-4"6'-10"5'-4"7'-4"5'-4"2'-8"STAIR DETAILS 12'-3" FLOOR TO FLOOR 21 RISERS @ 7" EACH, 11" TREADS w/ 1" BULLNOSE 11 12 13 14 15 16 17 18 19 20 21 10987 JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 24070649-15-2025© .I.B.O.GS 7.18.2024 A202 2nd FLOOR PLAN SCALE: 1/4" = 1'-0" 394 TOP OF PARAPET @ +26'-8" A.F.F. FLAT ROOF @ +21'-8" A.F.F. TOB @ 15'-4" A.F.F.3'-6"TOB @ 15'-4" A.F.F. TRUSS PROFILETOB @ 21'-8" A.F.F.TOB @ 21'-8" A.F.F.1'-0"TRUSS PROFILE KITCHEN EXHAUSTCOOLING EQUIP ALUMINUM ROOFED PERGOLA SYSTEM @ OUTDOOR DINING W/ GUTTERS INTERNAL TO SYSTEM5'-0"2'-8" DECORATIVE ALUMINUM LOUVERED EYEBROW DECORATIVE ALUMINUM LOUVERED EYEBROW BALCONY2'-8"TOP OF PARAPET @ +26'-8" A.F.F. BALCONY 2'-8"OVERFLOW SCUPPER OVERFLOW SCUPPER INTERNAL ROOF DRAIN INTERNAL ROOF DRAIN BALCONY ALUM EYEBROW ALUM EYEBROW ALUM EYEBROW GUTTER LOCATIONS TO MATCH STANDING SEAM ROOF (TYP.)JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 24070649-15-2025© .I.B.O.GS 7.18.2024 A210ROOF PLAN SCALE: 1/4" = 1'-0" 395 JJ 4 1/2 12 (TYP) FIN FLOOR ELEV 0'-0" NAVD 9.5 TOP OF BEAM @ +15'-4" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. 300 303 309 312 310 306 307 305osiesosies TOP OF PARAPET @ +26'-8" A.F.F. 302 304 302 305 3'-0"7'-0"8"2'-4"4 1/2 12 (TYP) FIN FLOOR ELEV 0'-0" NAVD 9.5 2ND FLOOR MECH @ +12'-3" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. 300 304 302 301 309 309 TOP OF PARAPET @ +26'-8" A.F.F. 308 304 303 306 307 312 3'-0"7'-0"8"2'-4"306 300 SERIES KEYNOTES STANDING SEAM METAL ROOF, CHARCOAL300 - SMOOTH STUCCO FINISH, COLOR TO MATCH CORAL STONE CLADDING 301 - 302 - 303 - CORAL STONE WALL CLADDING 304 - ALUMINUM LOUVERED EYEBROW, ES SILVERSTORM 306 - 307 - 305 - 308 - ALUMINUM RAIL, ES SILVERSTORM NewTechwood EUROPEAN SIDING, BELGIAN BOARD, COLOR-ROMAN ANTIQUE ALUMINUM ROOFED PERGOLA, ES SILVERSTORM RAISED SILL WOOD BRACKET 309 -NewTechwood TRIM BOARD 310 -TUMBLED LEDGER 8"x22" TAUPE WALL CLADDING 311 -1 1/2" STUCCO REGLET 312 -8" x 8" WOOD OUTRIGGER JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A301WEST ELEVATION SCALE: 1/4" = 1'-0" EAST ELEVATION SCALE: 1/4" = 1'-0" 396 FIN FLOOR ELEV 0'-0" NAVD 9.5 2ND FLOOR MECH @ +12'-3" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +15'-4" A.F.F.3'-6"5'-6"300 302 306 304 305 303 306 301 305 309 308 TOP OF PARAPET @ +26'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 303 306 307 4 1/2 12 (TYP) 312 300 SERIES KEYNOTES STANDING SEAM METAL ROOF, CHARCOAL300 - SMOOTH STUCCO FINISH, COLOR TO MATCH CORAL STONE CLADDING 301 - 302 - 303 - CORAL STONE WALL CLADDING 304 - ALUMINUM LOUVERED EYEBROW, ES SILVERSTORM 306 - 307 - 305 - 308 - ALUMINUM RAIL, ES SILVERSTORM NewTechwood EUROPEAN SIDING, BELGIAN BOARD, COLOR-ROMAN ANTIQUE ALUMINUM ROOFED PERGOLA, ES SILVERSTORM RAISED SILL WOOD BRACKET 309 -NewTechwood TRIM BOARD 310 -TUMBLED LEDGER 8"x22" TAUPE WALL CLADDING 311 -1 1/2" STUCCO REGLET 312 -8" x 8" WOOD OUTRIGGER FIN FLOOR ELEV 0'-0" NAVD 9.5 2ND FLOOR MECH @ +12'-3" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. TOP OF BEAM @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. 300 302 306 304 301 303 306 301 309 307 TOP OF PARAPET @ +26'-8" A.F.F. 311 311 MECHANICAL & KITCHEN EXHAUST EQUIP ON CURB OR RAILS BEHIND PARAPET (TYP.)FLAT ROOF IN MECH PIT AREA 303 306 307 312 312 JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A302 SOUTH ELEVATION SCALE: 1/4" = 1'-0" NORTH ELEVATION SCALE: 1/4" = 1'-0" 397 FLAT ROOF @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. TOP OF PARAPET @ +26'-8" A.F.F. FIN FLOOR ELEV 0'-0" NAVD 9.5 PERGOLA BEAM TOP @ +12'-8" A.F.F. TOP OF BEAM @ +15'-4" A.F.F. PRE-ENGINEERED ROOF TRUSSES @ 24" O/C MAX CONCRETE FLOOR SLAB STEM WALL FOOTING (TYP.) SEE STRUCTURAL PLANS FOR ALL FOUNDATION DETAILS RESTAURANT BUILD OUT T.B.D. MECHANICAL KITCHEN BUILD OUT T.B.D. T&G CLG. ALUMINUM ROOFED PERGOLA STRUCTURE BY OTHERS 9'-0"8"2'-4"8"RAKE BEAM HOLLOWCORE FLOOR SYSTEM ROOF MOUNTED A/C EQUIP ON CURB OR RAILS COVERED OUTDOOR DINING13'-0"FLAT ROOF DRAIN SLOPE FLAT ROOF TO DRAINS 15'-4"8'-6"3'-9"8'-11"TOP OF BEAM @ +21'-8" A.F.F. FIN FLR ELEV 0'-0" NAVD 9.5 2ND FLOOR @ +12'-3" A.F.F. STEM WALL FOOTING (TYP.) SEE STRUCTURAL PLANS FOR ALL FOUNDATION DETAILS MECHANICAL KITCHEN BUILD OUT T.B.D.3'-9"8'-6"9'-5"TOP OF BEAM @ +15'-4" A.F.F. 306 304 FIN FLR ELEV 0'-0" NAVD 9.5 JOSIES RESTAURANT3047 N FEDERAL HIGHWAYSSRS VENTURES LLCob No. 240706410-16-2025© .I.B.O.GS 7.18.2024 A303 BUILDING SECTION A-A SCALE: 1/4" = 1'-0" BUILDING SECTION B SCALE: 1/4" = 1'-0" BUILDING SECTION C SCALE: 1/4" = 1'-0" 398 COMPACTCOMPACTCOMPACTCOMPACT515685EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY 6FHCOMPACTCOMPACTCOMPACTCOMPACT515685EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY 6FH8'8'8'8'8'18'18'18'18'18'18'18'18'18'MMM18'18'18'9'9'18'18'18'18'18'18'18'18'18'Contractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.THIS DRAWING HAS NOT BEEN REVIEWEDBY A STRUCTURAL ENGINEERVERIFY WITH STRUCTURAL ENGINEERPRIOR TO CONSTRUCTION©REFER TO VENDORS FOR ALL INSTALLATIONMATERIALS AND PROCEDURES/FOLLOW ALLMANUFACTURERS INSTALLATION INSTRUCTIONSPOOLS BARRIERS AND GATESALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION,SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS ANDWINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9SHEET INDEX:SP-1SITE PLANL-1EXISTING LANDSCAPE PLANL-2PROPOSED LANDSCAPE PLANL-3PROPOSED LANDSCAPE SCHEDULE/TREE ZONE DETAIL/ SHADE STUDYL-4LANDSCAPE SPECIFICATIONSIRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.399 COMP A C T COMP A C T COMPACT COMPACT 5 15 6 8 5EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY 6 FH CODEBOTANICAL / COMMON NAMECONTCAL./DBHSIZESPREADNATIVECONDITIONQTYEXISTING PALMST321Roystonea elata / Existing RoyalEXISTING TO BE REMOVED9"22` OA12`YesPOOR1T338Sabal palmetto / Sabal PalmEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"16` OA7`YesFAIR1T337Sabal palmetto / Sabal PalmEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"17` OA7`YesFAIR1T336Sabal palmetto / Sabal PalmEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"18` OA7`YesFAIR1EXISTING TREEST335Delonix regia / Royal PoincianaEXISTING TO REMOVEDEXISTING TO BE REMOVED12"25`20`NoPOOR1T339Ficus spp. / Strangler FigEXISTING TO BE REMOVED36"35'30`NoPOOR1T323Quercus virginiana / OakEXISTING TO BE REMOVEDEXISTING TO BE REMOVED11"20`28'YesPOOR1T324Quercus virginiana / OakEXISTING TO BE REMOVEDEXISTING TO BE REMOVED12"25`30`YesPOOR1T325Swietenia mahogani / MahoganyEXISTING TO REMOVEDEXISTING TO BE REMOVED24"40`50`YesGOOD1PLANT SCHEDULE EXISTING LANDSCAPEMitigation SummaryCOUNTCANOPYTOTAL TREES TO BE REMOVED GOOD OR FAIR CONDITION= 24" CALIPER(6) 4" CAL TREES 1,200 SFTOTAL TREES REMOVED POOR CONDITION=4(1:1 REPLACEMENT) (4) 4" CAL TREES 800 SFTOTAL LARGE CANOPY PALMS REMOVED POOR CONDITION=1(1 ROYAL)(1) LARGE PALM 100 SFTOTAL SMALL CANOPY PALMS REMOVED (3 SABAL PALMS)(3) SMALL PALMS 180 SFTOTAL MITIGATION REQUIRED: 2,280 SFTOTAL MITIGATION PROVIDED:10 TREES, 4 PALMS 2,280 SFTOTAL MITIGATION DUE: 0 SFContractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.THIS DRAWING HAS NOT BEEN REVIEWEDBY A STRUCTURAL ENGINEERVERIFY WITH STRUCTURAL ENGINEERPRIOR TO CONSTRUCTION©REFER TO VENDORS FOR ALL INSTALLATIONMATERIALS AND PROCEDURES/FOLLOW ALLMANUFACTURERS INSTALLATION INSTRUCTIONSPOOLS BARRIERS AND GATESALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION,SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS ANDWINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9IRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.400 COMP A C T COMP A C T COMPACT COMPACT 5 15 6 8 5EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY 6 FH COMP A C T COMP A C T COMPACT COMPACT 5 15 6 8 5EMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY 6 FH 8'8'8'8'8'18'18'18'18'18'18'18'18'18'MMM18'18'18'9'9'18'18'18'18'18'18'18'18'18'Contractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.THIS DRAWING HAS NOT BEEN REVIEWEDBY A STRUCTURAL ENGINEERVERIFY WITH STRUCTURAL ENGINEERPRIOR TO CONSTRUCTION©REFER TO VENDORS FOR ALL INSTALLATIONMATERIALS AND PROCEDURES/FOLLOW ALLMANUFACTURERS INSTALLATION INSTRUCTIONSPOOLS BARRIERS AND GATESALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION,SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS ANDWINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THEREQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9IRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.401 CODE BOTANICAL / COMMON NAME CONT CAL./DBH SIZE SPREAD NATIVE CONDITION QTY TREES BAV Bulnesia Arborea / Verawood Full, dense canopy, straight unscarred trunks. B & B 4" Cal 16` OA 6`-7`8 CR Clusia Rosea / Pitch Apple Full intact leaves Submit photo to Landscape Architect for approval. Containerized 4"16` H 6`-7`Yes -6 CS-M Cordia sebestena / Orange Geiger Tree Full dense foliage, Standard 4" CAL. MIN., FOR MITIGATION Containerized 4" Cal 16` H 6`-7`Yes 2 ED-18 Elaeocarpus decipens / Japanese Blueberry Full, Dense, Symmetrical Foliage Standard form. 8' C.T. MIN. B & B 4" Cal 18` OA 6`-7`5 GS-6 Garcinia spicata / Sundrops Full Dense Foilage TO BASE B & B 6` OA 3`6 JCS-8 Juniperus chinensis `Spartan` / Spartan Juniper Full, Dense, Symmetrical Foliage To Base, No Voids Containerized 8` H 2`5 QV-M Quercus virginiana 'Sky Climber' / Southern Live Oak FOR MITIGATION B & B 4" Cal 20`15`7 QV-20 Quercus virginiana 'Sky Climber' / Southern Live Oak B & B 4" Cal 20`15`6 PALM TREES PDM-9 Phoenix dactylifera `Medjool` / Medjool Date Palm Classic Cut, Straight Trunk, Full Head, Heavy Caliper, AVAILABLE @ GROUNDWORKS #561-738-4880 B & B 9` CT 18`-22`2 VM-18 Veitchia montgomeryana / Montgomery Palm - Single Full Head, Straight, Unscarred Trunk, Intact Fronds, Single B & B 18` OA 21 VM-M Veitchia montgomeryana / Montgomery Palm - Single Full Head, Straight, Unscarred Trunk, Intact Fronds, Single. FOR MITIGATION B & B 18` OA 3 CODE BOTANICAL / COMMON NAME CONT HEIGHT SPREAD NATIVE QTY SHRUBS AI Alcantarea imperialis / Imperial Bromeliad Full Dense Pot, No Spots or Dammage To Leaves-Available from Bullis Bromeliads-Submit Photo 17" POT 32"36"1 CHS Chamaerops humilis cerifera Silver Select / Silver Select Mediterranean Fan Palm Full, multi stem, good color, Specimen size. Containerized 36"36"1 CG-3 Clusia guttifera / Small-Leaf Clusia Full Dense Foliage To Base Containerized 3`2`-3`176 CG-A Clusia guttifera / Small-Leaf Clusia Full Dense Foliage To Base. Shrubs for continuous buffer until adjacent site is built. Containerized 3`2`-3`58 PM-3 Podocarpus macrophyllus maki / Shrubby Yew Full dense foliage to base, sheer to 3` O.A. Containerized 3`2`48 PM-7 Podocarpus macrophyllus maki / Shrubby Yew Full dense foliage to base, SHEAR TO 6' OA Containerized 7`-8` OA 3`11 TOP-2 Topiary Globe / Topiary Globe Ilex vomitoria Topiary Globe. Sheared round globe, no voids, full to base, Submit Photo to Landscape Architect for approval Containerized 2`2`Yes 15 CODE BOTANICAL / COMMON NAME CONT HEIGHT SPREAD NATIVE SPACING QTY SHRUB AREAS ARA Arachis glabrata 'Ecoturf' / Perennial Peanut Full pots 1 gal 4"10"-12"14" o.c.1,091 B-MA Bougainvillea x `Ms. Alice` / Dwarf White Bougainvillea Containerized 18"18"24" o.c.31 FGI Ficus microcarpa `Green Island` / Green Island Ficus FULL DENSE FOLIAGE TO BASE 7 gal 16-18"16-18"16" o.c.245 IV Iris virginica / Blue Flag Iris Full dense clumps 3 Gal.18"18"24" o.c.49 IX-P Ixora `Dwarf Pink` / Dwarf Pink Ixora Full dense foliage to base, in bloom 3 Gal.24"24"18" o.c.63 PMD Podocarpus macrophyllus `Pringles` / Dwarf Podocarpus Full & Dense Shrub, Full to Base Containerized 14"12"14" o.c.245 TRV Trachelospermum asiaticum `Minima Variegated` / VariegatedSmall Leaf Confederate Jasmine Full dense, intact foliage to base. .NO YELLOW COLOR. WHITE AND GREEN ONLY. 3 Gal.12"12"8" o.c.528 TRJ Trachelospermum asiaticum `Minima` / Small Leaf Confederate Jasmine FILL DENSE INTACT FOLIAGE TO BASE 1 gal@ 12"12"8" o.c.1,376 TFD Tripsacum floridana / Dwarf Fakahatchee Grass full dense clump 3 gal@ 18"18"30" o.c.34 WA Wrightia antidysenterica / Asian Snow Bush Full, Dense Foliage To Base 3 gal@ 18"18"24" o.c.33 PLANT SCHEDULE PROPOSED LANDSCAPE MISC.BOTANICAL COMMON CONT BIO Bio-Barrier Root/Bio Barrier as Verify S.F. In Field required by Utilities MULCH Mulch `B` Grade Cypress Mulch Verify S.F. In Field SOD St. Augustine Stenotaphrum secondatum Verify S.F. In Field Mitigation Summary COUNT CANOPY TOTAL TREES TO BE REMOVED GOOD OR FAIR CONDITION= 24" CALIPER (6) 4" CAL TREES 1,200 SF TOTAL TREES REMOVED POOR CONDITION=4(1:1 REPLACEMENT) (4) 4" CAL TREES 800 SF TOTAL LARGE CANOPY PALMS REMOVED POOR CONDITION=1(1 ROYAL)(1) LARGE PALM 100 SF TOTAL SMALL CANOPY PALMS REMOVED (3 SABAL PALMS)(3) SMALL PALMS 180 SF TOTAL MITIGATION REQUIRED: 2,280 SF TOTAL MITIGATION PROVIDED:10 TREES, 4 PALMS 2,280 SF TOTAL MITIGATION DUE: 0 SF ZONE DISTRICT: GC Gross Land: 29,383(s.f.) Landscape Pervious: 4,712(s.f.-16%) LANDSCAPE LEGEND REQ. 12 TREES PROV. Mitigation Trees 10 Trees/ 4 Palms TOTAL NUMBER OF TREES ( SMALL PALMS COUNT 3:1, LARGE 1:1)40 5' TO 12' PERIMETER BUFFER: 1 TREE PER 30 LF. 435LF / 30 = 15 TREES REQ. 9 TREES1 TREE PER ISLAND: 100% SHRUBS EVERY PLANTER ISLAND 100% 15 TREES 50% PALMS ALLOWED 20 (50%) 44 20 (50%) 100% 9 TREES 20 TREES 12 TREES (10 Trees, 1 Large Palm, 3 small Palms Note: *Required along the perimeter of off-street parking lots where parking areas are not separated from side interior or rear property lines by an intervening building or structure, in order to provide a visual screen of at least three (3) feet in height, comprised of trees, and shrubs. 1. Minimum buffer width of five (5) feet; 2. One (1) tree spaced every thirty (30) linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 5' TO 12' PERIMETER BUFFER: (1)-3'ht. shrub per 2 LF. 435 LF / 2 = 218 Shrubs Req.218 218 STREET TREES: 1 PER 25' O.C. (100 L.F.)4 TREES 3 TREES/ 1 DATE PALM Contractor shall secure all permits required for the work from any state or local The Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings. shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The Contractor CAUTION: PLEASE NOTE as a result of unauthorized work prior to receipt of permit. THIS DRAWING HAS NOT BEEN REVIEWED BY A STRUCTURAL ENGINEER VERIFY WITH STRUCTURAL ENGINEER PRIOR TO CONSTRUCTION © REFER TO VENDORS FOR ALL INSTALLATION MATERIALS AND PROCEDURES/FOLLOW ALL MANUFACTURERS INSTALLATION INSTRUCTIONS POOLS BARRIERS AND GATES ALL POOL BARRIERS MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTIONS 454.2.17.1.1 THROUGH 454.2.17.1.7. ALL POOL GATES MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.8. ALL DOORS AND WINDOWS PROVIDING DIRECT ACCESS FROM A DWELLING TO A POOL MUST MEET THE REQUIREMENTS OF 2023 F.B.C. 8TH EDITION, SECTION 454.2.17.1.9 IRRIGATION NOTE: ALL VEGETATION WILL BE IRRIGATED ACCORDING TO CODE AND AN IRRIGATION PLAN WILL BE PROVIDED AT THE TIME OF PERMITTING. 402 ©Contractor shall secure all permits required for the work from any state or localThe Contractor shall be responsible for all changes to work, at no additional cost to Owner, and/or Owner shall bear no responsibility for work performed without permitted drawings.shall have permits "in hand" prior to starting work. The Landscape Architect departments, utility companies or jurisdiction affected by the work. The ContractorCAUTION: PLEASE NOTEas a result of unauthorized work prior to receipt of permit.NOTE:TEST AND AMEND ALL SOILS ASNEEDED FOR OPTIMUM PLANT HEALTHIRRIGATION NOTE: ALL VEGETATION WILLBE IRRIGATED ACCORDING TO CODE ANDAN IRRIGATION PLAN WILL BE PROVIDEDAT THE TIME OF PERMITTING.403 J.NHOJPROFE SSIONALEN GINEER YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been electronically signed and sealed by John J. Haley, P.E. onusing a Digital Signature.Printed copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.7-18-2019404 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJPROFE SSIONALEN GINEER YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.405 6' HIGHWOOD FENCE5'-0" L.B.ADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDPHASE IIFUTURE(NOT IN SCOPE)LINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACTRESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMERLANE DIVIDER TO BEAPPROVED BY FDOTSTOP BARSTOP BARSTOPSIGNFUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.25' SIGHT TRIANGLEEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY6EMPLOYEEONLYLANDSCAPEISLAND 130 SF65156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATEREVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJPROFE SSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.406 WEST LINE OFLOTS AS PLATTEDLINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.665156' HIGHCMU BUFFERWALL85LOADING ZONEEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.ACCESSGATE165.87'EX. 6' HIGHWOOD FENCE18'18'18'18'18'18'18'MMM18'18'9'9'18'18'18'18'18'18'REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERY E LAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 407 WEST LINE OFLOTS AS PLATTEDUNIT 1LINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.6' HIGHCMU BUFFERWALLLOADING ZONEEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATE165.87'EX. 6' HIGHWOOD FENCE18'18'18'18'18'18'18'MMM18'18'9'9'18'18'18'18'18'18'………………………………””” ””REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERY E LAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 408 WEST LINE OFLOTS AS PLATTEDLINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.6651585LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTER165.87'REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERY E LAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 409 6' HIGHWOOD FENCEADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDLINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACTRESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMERLANE DIVIDER TO BEAPPROVED BY FDOTSTOP BARSTOP BARSTOPSIGNFUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.25' SIGHT TRIANGLEEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY6EMPLOYEEONLYLANDSCAPEISLAND 130 SF65156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATEPHASE IIFUTURE DEVELOPMENT(NOT IS SCOPE)6' HIGHWOOD FENCEADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDPHASE IIFUTURE DEVELOPMENT(NOT IN SCOPE)LINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACTRESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMERLANE DIVIDER TO BEAPPROVED BY FDOTSTOP BARSTOP BARSTOPSIGN25' SIGHT TRIANGLEEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLYEMPLOYEEONLY6EMPLOYEEONLYLANDSCAPEISLAND 130 SF65156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGE& BOLLARDS TO BE INSTALLED.ACCESSGATEFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGE& BOLLARDS TO BE INSTALLED.STATE OFROLIDAFECINSELThis item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.410 411 ADDITIONALRIGHT-OF-WAYWEST LINE OFLOTS AS PLATTEDCOMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'665156' HIGHCMU BUFFERWALL85LOADINGEXIST 6' HIGHWALL5' LANDSCAPEBUFFERDUMPSTERACCESSGATE165.87'6' HIGHWOOD FENCEREVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.412 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.413 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. onusing a SHA authentication code.Printed copies of this document are not considered signed and sealed and the SHAauthentication code must be verified on any electronic copies.414 WATERWATERMETERDFWB40WBC-14-1T 63DREVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJPROFE SSIONALEN G INEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. onusing a SHA authentication code.Printed copies of this document are not considered signed and sealed and the SHAauthentication code must be verified on any electronic copies.415 ···REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN G INEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. onusing a SHA authentication code.Printed copies of this document are not considered signed and sealed and the SHAauthentication code must be verified on any electronic copies.416 REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHO JPROF ESSIONALEN GINEE R YELAHSTATE OFROLIDAFECINSELNo. 40023This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent tosealPrinted copies of this document are not considered signed and sealed and the signaturemust be verified on any electronic copies.417 UNIT 1PHASE IIFUTURELINE OF LOTSPLIT (TYPICAL)COMPACTCOMPACTCOMPACTCOMPACT179.24'268.08'84.5'8.0'148.25'RESTAURANT4,733 SF(FIN FLR @ 9.5 NAVD)OUTDOOR478 SFLIFTSTATIONOPEN OUTDOOR512 SFTRANSFORMER149.0'FUTURE CONNECTION.NO TREES IN THIS AREA BUTCONTINUOUS HEDGE TO BE INSTALLED.6' HIGHCMU BUFFERWALLLOADING ZONEEXIST 6' HIGHWALLPARKING LOTLIGHT FIXTURE(TYP.)5' LANDSCAPEBUFFERDUMPSTERFUTURE CONNECTION.NO TREES IN THIS AREABUT CONTINUOUS HEDGETO BE INSTALLED.ACCESSGATE165.87'EX. 6' HIGHWOOD FENCE18'18'18'18'18'18'18'MMM18'18'9'9'18'18'18'18'18'18'REVISIONDATENO.BYAPPROVED:HALEY ENGINEERING, INC.J.NHOJ PROF E SSION A L E NGINEERYELAH STATE OF ROL I D AF ECI N SEL No. 40023 This item has been digitally signed and sealed by John J. Haley, P.E. on date adjacent to seal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 418 STATE OFڬڬڬNo.P R O FESSIONALENGINEERBONNIE S. MCLEODFLORIDA70797LICENSEThis item has been digitally signed and sealed by Bonnie S. McLeod, PE on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Date: 09/22/2025419 COMPACTCOMPACTCOMPACTCOMPACTEMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY EMPLOYEE ONLY N. FEDERAL HIGHWAYRESTAURANT 4,733 SFOUTDOOR SEATING AREA478 SF DUMPSTEROPENOUTDOOR512 SFFP&LLIFTSTATIONUSEHOUSESHIELDSAMH: 20SAMH: 20SAMH: 20SBMH: 20SAMH: 20SAMH: 20SAMH: 201.7 2.7 4.01.9 3.85.53.84.43.0 3.82.7 3.12.5 3.13.7 3.1 2.2 1.9 1.82.8 4.04.95.53.5 2.3 1.8 1.7 1.8 2.2 3.44.71.5 2.1 3.7 5.8 4.9 3.5 2.3 1.9 1.7 1.8 2.1 3.2 4.64.40.72.5 3.74.44.3 4.0 3.0 2.5 2.2 1.9 1.9 2.1 2.6 3.4 3.1 0.54.25.5 4.73.5 3.0 2.8 2.8 2.7 2.4 2.4 2.4 2.6 2.7 2.2 0.54.7 5.5 4.53.2 2.9 2.9 3.2 3.4 3.2 3.1 3.0 2.8 2.5 2.0 0.53.54.43.5 3.0 2.8 3.1 3.6 5.2 4.0 3.5 3.1 2.8 2.5 2.0 0.52.1 2.8 2.7 2.6 2.8 3.3 3.7 4.8 3.7 3.2 2.7 2.5 2.5 2.2 0.51.5 2.1 2.3 2.5 2.7 3.0 3.2 3.4 3.3 2.9 2.6 2.5 3.0 3.1 0.61.8 2.1 2.4 2.7 2.7 3.0 3.1 2.8 2.7 2.9 4.24.71.01.6 2.0 2.4 2.7 3.2 3.2 3.0 2.9 3.34.75.1 1.41.1 1.6 2.3 3.34.54.8 3.8 3.1 3.3 4.34.71.02.8 4.9 5.1 4.3 3.3 3.0 3.2 3.0 0.62.9 2.9 2.7 2.4 1.91.6 1.34.85.94.64.13.63.84.04.7SymbolQtyLabelArrangementDescriptionLLFLuminaireLumensLuminaireWattsTotalWatts6SASingleXtra Light VNTS-15000L-40K-DIM-4M-N-XX-XX-HSS0.900103661096541SBSingleXtra Light VNTS-15000L-40K-DIM-5S-N-XX-XX0.90015887109109MOUNT20'20'LUMINAIRE SCHEDULELabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.965.80.55.9211.60Property LineIlluminanceFc0.080.30.0N.A.N.A.CALCULATION SUMMARYAREA OF WORKSITE PLAN PHOTOMETRICSCALE: 1/16" = 1'-0"0.20.30.30.20.10.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.00.10.10.10.10.20.30.20.20.20.20.10.10.10.10.10.10.10.10.10.10.10.20.20.20.30.30.30.20.20.10.00.00.00.10.10.10.10.20.20.20.10.10.10.10.20.20.20.2PHASE II FUTUREDEVELOPMENTDATESHEET #04-25-2025ENGINEER OF RECORDREVISIONSHEET TITLESEALPROJECTWHEN PLOTTED FULL SIZE THIS SHEET MEASURES 24"x36"AS NOTEDSCALE | PLT SCALEDIRECTION September 17, 2025OLGA B. PINO P.E. No. 62947DATE PLOTTED: Sep 17, 2025 - 3:26pm FILENAME: ES-100 - SITE PLAN PHOTOMETRIC.dwg Person Plotting wdelbTHESE DRAWINGS AND INFORMATION CONTAINED HEREIN ARE COPYRIGHT BY designONE, INC. THIS SET OF DRAWINGS IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CONSENT OF designONE, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. USE OF THESE PLANS & ANY SPECIFICATIONS ARE BE RESTRICTED TO THE ORIGINAL SCOPE AND SITE FOR WHICH THEY WERE PREPARED . RE-USE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. TITLE TO THE PLAN & SPECIFICATIONS REMAINS WITH designONE, INC.COPYRIGHT © 2025ISSUE FOR PERMITPROJECT No.25003THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYOLGA B. PINO, PE ON THE DATE SHOWN UNDER THE SEALUSING A DIGITAL SIGNATURE CERTIFICATED ISSUED BYidenTrust.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDEREDSIGNED AND SEALED AND THE SHA AUTHORIZATION CODEMUST BE VERIFIED ON ANY ELECTRONIC COPIES.14310 SW 8TH ST. SUITE 2558 MIAMI, FLORIDA 33186 AND CAPE CORAL, FLORIDA 33909 P: 305-345-0066 WILLIAM DEL BUSTO E: WDELBUSTO@D1CE.NET3047 N FEDERAL HIGHWAY BOYNTON BEACH, FLES-100SITE PLAN PHOTOMETRIC420 FIXTURE SPECIFICATIONS AND DETAILSSCALE: 1/16" = 1'-0"DATESHEET #04-25-2025ENGINEER OF RECORDREVISIONSHEET TITLESEALPROJECTWHEN PLOTTED FULL SIZE THIS SHEET MEASURES 24"x36"AS NOTEDSCALE | PLT SCALEDIRECTION April 23, 2025OLGA B. PINO P.E. No. 62947DATE PLOTTED: Apr 23, 2025 - 5:05pm FILENAME: ES-200 - FIXTURE SPECS & DETAILS.dwg Person Plotting wdelbTHESE DRAWINGS AND INFORMATION CONTAINED HEREIN ARE COPYRIGHT BY designONE, INC. THIS SET OF DRAWINGS IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CONSENT OF designONE, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. USE OF THESE PLANS & ANY SPECIFICATIONS ARE BE RESTRICTED TO THE ORIGINAL SCOPE AND SITE FOR WHICH THEY WERE PREPARED . RE-USE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. TITLE TO THE PLAN & SPECIFICATIONS REMAINS WITH designONE, INC.COPYRIGHT © 2025ISSUE FOR PERMITPROJECT No.25003THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYOLGA B. PINO, PE ON THE DATE SHOWN UNDER THE SEALUSING A DIGITAL SIGNATURE CERTIFICATED ISSUED BYidenTrust.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDEREDSIGNED AND SEALED AND THE SHA AUTHORIZATION CODEMUST BE VERIFIED ON ANY ELECTRONIC COPIES.14310 SW 8TH ST. SUITE 2558 MIAMI, FLORIDA 33186 AND CAPE CORAL, FLORIDA 33909 P: 305-345-0066 WILLIAM DEL BUSTO E: WDELBUSTO@D1CE.NET3047 N FEDERAL HIGHWAY BOYNTON BEACH, FLES-200FIXTURE SPECIFICATIONSAND DETAILS421 FIXTURE SPECIFICATIONS AND DETAILSSCALE: 1/16" = 1'-0"DATESHEET #04-25-2025ENGINEER OF RECORDREVISIONSHEET TITLESEALPROJECTWHEN PLOTTED FULL SIZE THIS SHEET MEASURES 24"x36"AS NOTEDSCALE | PLT SCALEDIRECTION April 23, 2025OLGA B. PINO P.E. No. 62947DATE PLOTTED: Apr 23, 2025 - 5:09pm FILENAME: ES-201 - FIXTURE SPECS & DETAILS.dwg Person Plotting wdelbTHESE DRAWINGS AND INFORMATION CONTAINED HEREIN ARE COPYRIGHT BY designONE, INC. THIS SET OF DRAWINGS IS GIVEN IN CONFIDENCE. NO USE OR DISSEMINATION MAY BE MADE WITHOUT PRIOR WRITTEN CONSENT OF designONE, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. USE OF THESE PLANS & ANY SPECIFICATIONS ARE BE RESTRICTED TO THE ORIGINAL SCOPE AND SITE FOR WHICH THEY WERE PREPARED . RE-USE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS STRICTLY PROHIBITED. TITLE TO THE PLAN & SPECIFICATIONS REMAINS WITH designONE, INC.COPYRIGHT © 2025ISSUE FOR PERMITPROJECT No.25003THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BYOLGA B. PINO, PE ON THE DATE SHOWN UNDER THE SEALUSING A DIGITAL SIGNATURE CERTIFICATED ISSUED BYidenTrust.PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDEREDSIGNED AND SEALED AND THE SHA AUTHORIZATION CODEMUST BE VERIFIED ON ANY ELECTRONIC COPIES.14310 SW 8TH ST. SUITE 2558 MIAMI, FLORIDA 33186 AND CAPE CORAL, FLORIDA 33909 P: 305-345-0066 WILLIAM DEL BUSTO E: WDELBUSTO@D1CE.NET3047 N FEDERAL HIGHWAY BOYNTON BEACH, FLES-201FIXTURE SPECIFICATIONSAND DETAILS422 EXHIBIT “D” Conditions of Approval Project Name: Josie’s Restaurant, New Major Site Plan Case number: NWSP-2025.05.3470 Reference: (Tabled) January 20, 2026, Commission Meeting February 3, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Utilities: 1. To establish comprehensive water main looping, one of the proposed water main branches shall connect to the existing 8-inch water main located on the west side of N. Federal Hwy. This comment must be addressed during the CSIT submittal. X Engineering: 2. At the time the Engineer of Record submits plans for a Land Development Permit (LDP), an in-depth review will take place. The plans shall comply with all Land Development Regulations, the Engineering Design Handbook and Construction Standards (EDHCS), and all other applicable standards and requirements set forth by the city or other public entities with jurisdiction. X 3. Permits required from other permitting agencies, such as the Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM), and any others, shall be required prior to issuance of a Land Development Permit. X 4. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G., will be required at the time of permitting. X 5. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. X 6. All catch basin and manhole covers shall be bicycle-proof per the 2010 LDR, Chapter 4, Article VIII, Section 3. G.b. and Engineering Design Manual Chapter 5, Paragraph D.1.b. X 7. Prior to permit application, contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10-26(a). X 423 Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 8. Prior to the issuance of any permits, an addressing plan in accordance with 2010 LDR Ch. 4, Art. VIII. Sec.3.C.e. shall be submitted for approval. X 9. In accordance with the 2010 LDR Ch. 4. Art. VIII. Sec. 3. B, utilities, including but not limited to power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights, and gas, shall be installed underground in accordance with the current Engineering Design Handbook and Construction Standards. Easements shall be coordinated with requesting utility authorities and shall be provided as prescribed by these Regulations for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority’s rules and regulations. The developer shall make the necessary cost and other arrangements for such underground installations with each person, firm, or corporation furnishing utility service involved. Utilities shall be constructed in easements as prescribed by these Regulations. X 10. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone, and cable) can be accommodated as shown on the composite Utility Plan. The Composite Utility Plan shall ensure that physical features do not conflict with each other and existing or proposed utility services. The Composite Utility Plan was provided with signatures from all utility companies except for AT&T. At the time of LDP submission, the Composite Utility Plan must be signed by a representative from all utility providers. X 11. Island at the driveway entrance to have mountable curbs to improve truck access to the site. X 12. Dead-end signs to be mounted on breakaway posts at both drive aisles that dead-end adjacent to the property to the south. This will be acceptable as a temporary measure before future development occurs. Should a Land Development Permit not be submitted within 2 years of this approval for the parcel to the south, or a Certificate of Occupancy not be issued within 3 years of this approval for the parcel to the south, the developer/property owner will be required to install concrete curbing at these locations. X PLANNING AND ZONING Comments: 424 Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT 13. Prior to issuance of any building permits, the applicant shall obtain approval and recordation of a Replat creating separate legal parcels for the proposed restaurant site and the remaining vacant portion of the property, consistent with the approved plans. X 14. The previously recorded Unity of Title shall be formally released and recorded in the Official Records of Palm Beach County prior to recordation of the replat. X 15. Issuance of building permit shall be contingent upon final approval and adoption of the companion Future Land Use Map Amendment (FLUM-2025.05.3470), Rezoning (REZN-2025.05.3470) applications, and Release of Unity of Title (REUT-2025.11.7257) X 16. Landscaping and buffering shall be installed in accordance with the approved landscape plans and Urban Commercial Overlay District standards prior to issuance of a Certificate of Occupancy. X 17. Please be aware that all proposed signage requires a Sign Permit prior to installation. All signs must be designed to follow the Boynton Beach Promenade Master Sign Program and City Code Part III, Chapter 4, Article IV, Sign Standards. X 18. Pursuant to City Land Development Regulations (LDR) Park III, Chapter 4, Article XIV, the applicant is required to participate in the Art in Public Places program. X 19. At such time as the properties adjacent to the restaurant parcel are developed or redeveloped and brought into compliance with the Pedestrian Zone requirements, the restaurant parcel shall also be required to bring its frontage along N Federal Highway into compliance with the Pedestrian Zone standards to ensure a consistent streetscape. X 20. The parcel designated for future development at the south shall be maintained in a stabilized condition at all times. The parcel shall be sodded with drought-tolerant grass or Florida-friendly landscape materials and irrigated within thirty (30) days following any clearing, grubbing, grading, excavation, or filling activity, or prior to the issuance of the Certificate of Occupancy for the restaurant building, whichever occurs first, unless construction for the future development has commenced. All stabilization shall comply with City Code Part III, Chapter 4, Article I, Section 4.E. Where additional site work is ongoing, appropriate erosion and sediment control measures shall be immediately implemented. X 425 Josie’s Restaurant, New Major Site Plan (NWSP-2025.05.3470) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT POLICE 21. The applicant must arrange the restaurant and outdoor dining areas to provide clear sightlines to parking areas, entrances, and sidewalks. X 22. The applicant must install bright, well-placed LED lighting in parking lots, walkways, and entrances to eliminate dark spots. X 23. The applicant must maintain landscaping with shrubs under 3 feet and thin tree canopies above 6 feet to preserve visibility. X 24. The applicant must install a security camera system covering parking areas, building entrances and exits, and dumpster/service areas. X 25. The applicant must display visible signage indicating that video surveillance is in use to deter potential criminal activity. X 26. Security measures at the construction site should include a fenced staging area to store equipment and park machinery. X FIRE 27. The building(s) must be equipped with a fire sprinkler and fire alarm system. NFPA 101- 12.3.5.1,12.3.4. X 426 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Discussion on a Proposed E-Bike Ordinance. Requested Action: Review and discuss the proposed E-Bike Ordinance for approval and/or modification. Explanation of Request: The city, as well as other cities within Palm Beach County, has seen an increase in E-Bike incidents, and the department has drafted a proposed ordinance for review and discussion. How will this affect city programs or services? It will not directly impact City services or programs. If such an ordinance is approved by the commission, it will provide the police department with a mechanism to address the communities concerns regarding E-Bikes. Account Line Item and Description: N/A Fiscal Impact: The program will not create additional expense for the City. Enforcement of the ordinance by the Police Department could generate minimal revenue for the City. Attachments: Proposed Ordinance.docx Memo re E-bike Ordinance.pdf 427 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGULATING THE OPERATION, PARKING, AND USE OF ELECTRIC BICYCLES, MICROMOBILITY DEVICES, AND OTHER RECREATIONAL DEVICES; PROVIDING DEFINITIONS; RESTRICTING OPERATION ON SIDEWALKS; ESTABLISHING OPERATIONAL RULES, SPEED LIMITS, AND EQUIPMENT REQUIREMENTS; PROVIDING FOR PARKING REGULATIONS; PROHIBITING THE OPERATION OF ATVS AND UTVS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Chapter 15, Article XV SEC. 15-150 DEFINITIONS For purposes of this Article, the following words, terms, and phrases shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: Bicycle means a vehicle propelled solely by human power, as defined in section 316.003, Florida Statutes, having two tandem wheels, including any device generally recognized as a bicycle, though equipped with two front or two rear wheels. This term does not include electric bicycles, scooters, or other micromobility devices. Electric Bicycle (E-Bike) means a bicycle or tricycle equipped with fully operable pedals and an electric motor of less than 750 watts, classified pursuant to section 316.003, Florida Statutes, as follows:  Class 1: Pedal-assist only, with motor assistance ceasing at 20 miles per hour;  Class 2: Throttle-assist, capable of propelling the bicycle without pedaling, with motor assistance ceasing at 20 miles per hour; and  Class 3: Pedal-assist only, with motor assistance ceasing at 28 miles per hour. Micromobility Device means an electric scooter or other low-speed electric device designed for individual transportation, excluding electric bicycles and motor vehicles, and incapable of exceeding 28 miles per hour on level ground. Recreational Device means electric bicycles (Class 1, Class 2, and Class 3) and micromobility devices as defined herein. 428 Sidewalk means that portion of a street between the curb line or lateral line of a roadway and the adjacent property lines, intended for use by pedestrians. SEC. 15-151 DEVICE USE (a) All public sidewalks and pedestrian pathways within the City of Boynton Beach shall be reserved for pedestrian use only. (b) The operation of electric bicycles, micromobility devices, or other recreational devices upon any public sidewalk or pedestrian pathway is prohibited. (c) This section shall not apply to ADA-compliant mobility devices utilized by persons with disabilities. (d) During City-sanctioned special events within the Downtown District, the City Manager or designee may impose additional restrictions on the operation of recreational devices, provided adequate notice and signage are posted. SEC. 15-152. OPERATION OF RECREATIONAL DEVICES (a) Recreational devices may be operated upon streets, highways, shoulders, bike lanes, and multi-use paths within the City of Boynton Beach, except where otherwise restricted by law. (b) Recreational devices shall not exceed fifteen (15) miles per hour when operated on multi-use or shared-use paths. (c) A person operating a recreational device across a roadway, upon or along a crosswalk, shall yield the right-of-way to pedestrians and shall provide an audible signal prior to overtaking or passing a pedestrian. SEC. 15-153. PARKING OF BICYCLES AND RECREATIONAL DEVICES (a) A person may not park a bicycle or recreational device: 1. In a manner that obstructs or interferes with pedestrian or vehicular traffic; 2. On an accessibility ramp for persons with disabilities, or any part thereof, or in any manner that would restrict the movement of persons with disabilities; 3. Within a motor vehicle parking space not designated for bicycle or recreational device use; 429 4. On any public property except in areas designated for bicycle or recreational device parking; or 5. On any private property without the permission of the property owner. Placement of a bicycle or recreational device rack shall be deemed permission for public use unless otherwise clearly posted. (b) A person may not attach, secure, store, or park a bicycle or recreational device to or upon public property in a manner that may cause injury or damage or render such property unusable or impassable. (c) Bicycles or recreational devices parked on public property continuously for one (1) week or more shall be deemed abandoned and subject to the provisions of Chapter 705, Florida Statutes, unless otherwise authorized. SEC. 15-154. EQUIPMENT REQUIREMENTS Brakes. All bicycles and recreational devices operated within the city limits shall be equipped with operable and effective braking systems. Lights. Every bicycle or recreational device operated between sunset and sunrise shall be equipped with a front lamp exhibiting a white light visible from a distance of at least 500 feet to the front and a rear lamp exhibiting a red light visible from a distance of at least 600 feet to the rear, except that a red reflector may be used in lieu of a rear lamp, consistent with section 316.2065, Florida Statutes. SEC. 15-155. PROPER RIDING OF A BICYCLE OR RECREATIONAL DEVICE (a) A person operating a bicycle or recreational device upon a highway shall ride only upon or astride a permanent and regular seat attached thereto. (b) A person shall not use a bicycle or recreational device to carry more persons at one time than the number for which it is designed and equipped. (c) This section shall not apply to the operation of bicycles or recreational devices in parades or events authorized by permit from the City. SEC. 15-156. PROHIBITION ON ATVS AND UTVS No person shall operate an all-terrain vehicle or off-road utility vehicle on any primary highway, arterial roadway, collector street, local street, or City-owned property within the 430 city limits, except when expressly authorized for parades, special events, public purposes, or City operations by the City Manager or their designee. SEC. 15-157. ENFORCEMENT AND PENALTIES Violations of the provisions of this article shall be on a per-occurrence basis and subject to the following penalties: (a) First violation: written warning; (b) Second violation: $25.00 fine; (c) Third and subsequent violations: $50.00 fine. 431 The City of Boynton Beach Page 1 of 2 OFFICE OF THE CITY ATTORNEY 100 E. Ocean avenue P.O. Box 310 Boynton Beach, Florida 33425- 0310 (561) 742-6050 MEMORANDUM TO: Mayor and City Commissioners FROM: Shawna G. Lamb, City Attorney DATE: January 8, 2026 RE: Proposed Electric Bicycle & Micromobility Ordinance PURPOSE The proposed ordinance establishes clear regulations governing the operation of electric bicycles and micromobility devices within the City of Boynton Beach. Its primary objectives are to enhance pedestrian safety, clarify lawful operating areas, and align local regulations with Florida Statutes. BACKGROUND Florida law (sections 316.003, 316.20655, and 316.008, Florida Statutes) classifies electric bicycles into three classes and grants local governments authority to regulate their use on sidewalks, paths, and roadways. Several Florida municipalities, including Key West and Orlando, have adopted similar restrictions to address safety concerns related to sidewalk riding and shared-use conflicts. KEY PROVISIONS • Prohibits electric bicycles and micromobility devices on public sidewalks • Preserves full ADA mobility access • Establishes a 15 mph speed limit on multi-use paths • Clarifies parking, equipment, and lighting requirements • Maintains consistency with Florida’s Class 1–3 e-bike framework • Provides civil citation enforcement rather than criminal penalties LEGAL AUTHORITY The ordinance is authorized under section 316.008, Florida Statutes, which allows municipalities to regulate bicycle and e-bike operation on sidewalks, crosswalks, and local roadways, provided such regulations do not conflict with state law. 432 America’s Gateway to the Gulfstream FISCAL & OPERATIONAL IMPACT The ordinance is expected to have minimal fiscal impact and will be enforced through existing code enforcement and law enforcement resources. Enforcement is civil in nature and includes a graduated structure consisting of an initial warning followed by modest fines for repeat violations. RECOMMENDATION Staff recommends adoption of the ordinance as amended, as it balances mobility options with pedestrian safety and aligns the City of Boynton Beach with statewide standards and peer municipalities. 433 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 02/ 3/2026 Meeting Date: 02/ 3/2026 Proposed Resolution No. 26-022 Approving an Agreement for School Zone Speed Photo Enforcement Services between the City and American Traffic Solutions, Inc. d/b/a Verra Mobility, and Waiving the City's Procurement Procedures. Requested Action: Staff recommends approval of Proposed Resolution No. R26-022. Explanation of Request: On October 15, 2024, the City Commission adopted Resolution No. R24-263, awarding and approving a piggyback agreement with reduced pricing with American Traffic Solutions, Inc., d/b/a Verra Mobility utilizing a Tampa Agreement or automated speed detection for school zone safety enforcement (the “Piggyback Agreement”). The City was informed that the City of Tampa terminated the Tampa Agreement effective December 16, 2025, triggering a 6-month termination provision in the Piggyback Agreement, which will terminate no later than June 16, 2026. The City has implemented school zone speed photo enforcement services pursuant to City Ordinance No. 24-010, and Florida House Bill 657 (codified as Section 316.1896, Florida Statutes, and Chapter 2023-174, Laws of Florida), and the program is currently live in multiple school zones throughout the City, providing critical safety enforcement to protect children and the public. The Police Department asserts that interruption of these services would create an immediate public safety concern, undermine the City's school zone safety program, potentially expose the City to liability, and waste the City's investment in equipment installation and program implementation, and that procurement of a replacement vendor at this time would require equipment removal, reinstallation, recalibration, staff retraining, establishment of new protocols, and other implementation activities that would cause significant service interruption and additional costs to the City. The City desires to continue the services without interruption and to enter into a direct agreement with the vendor on substantially the same terms as the Tampa Agreement, as previously modified. Pursuant to Section IX(13) of the City’s Purchasing Policy Manual, waiver of procurement procedures may only be approved by the City Commission upon factual findings supporting the waiver. The waiver request is based on time constraints and the need to maintain continuity of an active public safety program without interruption. Continuing the City's contractual relationship with the vendor on a direct basis, allows the City to maintain the favorable pricing while protecting the health, safety, and welfare, of the residents. If approved, this Agreement will supersede and replace the Piggyback Agreement in its entirety while 434 preserving all rights, obligations, and liabilities that accrued under the Piggyback Agreement. How will this affect city programs or services? If approved, there will be no impact to City programs or services. If not approved, speed zone camera enforcement will need further discussion with procurement, and may be discontinued. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact for this successor agreement. Attachments: Resolution No. R26-022 for American Traffic Solutions, Inc. dba Verra Mobility School Zone Speed Camera (REV).docx Signed Agreement.pdf 435 RESOLUTION NO. R26-022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR SCHOOL ZONE 2 SPEED PHOTO ENFORCEMENT SERVICES (SUCCESSOR TO PIGGYBACK 3 AGREEMENT) BETWEEN THE CITY AND AMERICAN TRAFFIC 4 SOLUTIONS, INC., D/B/A VERRA MOBILITY, WAIVING THE CITY’S 5 PROCUREMENT PROCEDURES FOR THIS AGREEMENT; AND FOR ALL 6 OTHER PURPOSES. 7 8 WHEREAS, on March 7, 2024, the City of Tampa, Florida, issued Request for Proposal 9 (“RFP”) No. 611122923 for automated speed detection for school zone safety enforcement; and 10 WHEREAS, the RFP closed on April 15, 2024, and following evaluation, the City of Tampa 11 selected American Traffic Solutions, Inc., d/b/a Verra Mobility (“Contractor”) and entered into an 12 agreement for school zone speed photo enforcement services (the “Tampa Agreement”); and 13 WHEREAS, on October 15, 2024, the City Commission adopted Resolution No. R24-263, 14 awarded and approved a piggyback agreement with Contractor utilizing the Tampa Agreement 15 (the “Piggyback Agreement”); and 16 WHEREAS, the City and Contractor executed the Piggyback Agreement, which adopted 17 and incorporated the Tampa Agreement in its entirety, with certain modifications specific to the 18 City of Boynton Beach, including reduced pricing; and 19 WHEREAS, the Piggyback Agreement provided that it would terminate no later than six 20 (6) months after expiration or termination of the Tampa Agreement; and 21 WHEREAS, the City has implemented school zone speed photo enforcement services 22 pursuant to City Ordinance No. 24-010, and Florida House Bill 657 (codified as Section 316.1896, 23 Florida Statutes, and Chapter 2023-174, Laws of Florida), and the program is currently live; and 24 WHEREAS, the City has been informed that the City of Tampa terminated the Tampa 25 Agreement effective December 16, 2025, which triggered the termination provision in the 26 Piggyback Agreement, such that the Piggyback Agreement will terminate no later than June 16, 27 2026; and 28 WHEREAS, the City has speed zone camera systems currently operational in multiple 29 school zones throughout the City, providing critical safety enforcement to protect children and 30 the public; and 31 436 RESOLUTION NO. R26-022 WHEREAS, interruption of these services would create an immediate public safety 32 concern, undermine the City's school zone safety program, potentially expose the City to liability, 33 and waste the City's investment in equipment installation and program implementation; and 34 WHEREAS, procurement of a replacement vendor would require equipment removal, 35 reinstallation, recalibration, staff retraining, establishment of new protocols, and other 36 implementation activities that would cause significant service interruption and additional costs to 37 the City; and 38 WHEREAS, the City desires to continue the services without interruption and to enter into 39 a direct agreement with Contractor on substantially the same terms as the Tampa Agreement as 40 previously modified; and 41 WHEREAS, pursuant to Section IX(13) of the City’s Purchasing Policy Manual, waiver of 42 procurement procedures may only be approved by the City Commission upon factual findings 43 supporting the waiver; and 44 WHEREAS, this Agreement supersedes and replaces the Piggyback Agreement in its 45 entirety while preserving all rights, obligations, and liabilities that accrued under the Piggyback 46 Agreement prior to the Effective Date; and 47 WHEREAS, the City Commission finds that it is in the City’s best interest to waive 48 procurement procedures for this Agreement due to time constraints and the need to maintain 49 continuity of an active public safety program without interruption, and continue its contractual 50 relationship with Contractor on a direct basis, maintaining the favorable pricing and essential 51 terms previously negotiated through the City of Tampa procurement process and the City’s 52 Piggyback Agreement; and 53 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 54 best interests of the City's citizens and residents to approve an Agreement for School Zone Speed 55 Photo Enforcement Services (successor to Piggyback Agreement) between the City and American 56 Traffic Solutions, Inc., d/b/a Verra Mobility, waiving the City’s procurement procedures for this 57 Agreement. 58 59 437 RESOLUTION NO. R26-022 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 60 BEACH, FLORIDA, THAT: 61 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 62 being true and correct and are hereby made a specific part of this Resolution upon adoption. 63 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby 64 determines that waiver of the City’s procurement policy is in the City’s best interest and necessary 65 to maintain the speed zone camaras that provide critical safety enforcement, and protect the 66 health, safety, and welfare of the citizens and residents, and does hereby waive the City’s 67 procurement procedures for this Agreement. 68 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 69 approve an Agreement for School Zone Speed Photo Enforcement Services (successor to 70 Piggyback Agreement) between the City and American Traffic Solutions, Inc., d/b/a Verra Mobility 71 (the “Agreement”), in form and substance similar to that attached as Exhibit A. 72 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 73 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 74 ancillary documents required under the Agreement or necessary to accomplish the purposes of 75 the Agreement, including any term extensions as provided in the Agreement, provided such 76 documents do not modify the financial terms or material terms. 77 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 78 of the City. A copy of the fully executed Agreement shall be provided to Joseph DeGiulio, Police 79 Chief, to forward to the Contractor. 80 SECTION 6. This Resolution shall take effect in accordance with the law. 81 [SIGNATURES ON THE FOLLOWING PAGE] 82 83 438 RESOLUTION NO. R26-022 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 84 CITY OF BOYNTON BEACH, FLORIDA 85 YES NO 86 Mayor – Rebecca Shelton _____ _____ 87 88 Vice Mayor – Woodrow L. Hay _____ _____ 89 90 Commissioner – Angela Cruz _____ _____ 91 92 Commissioner – Thomas Turkin _____ _____ 93 94 Commissioner – Aimee Kelley _____ _____ 95 96 VOTE ______ 97 ATTEST: 98 99 _____________________________ ______________________________ 100 Maylee De Jesús, MPA, MMC Rebecca Shelton 101 City Clerk Mayor 102 103 APPROVED AS TO FORM: 104 (Corporate Seal) 105 106 _______________________________ 107 Shawna G. Lamb 108 City Attorney 109 439 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 1 AGREEMENT FOR SCHOOL ZONE SPEED PHOTO ENFORCEMENT SERVICES (Successor to Piggyback Agreement) This Successor Agreement (the “Agreement”) is made and entered into as of February 3, 2026 (the “Effective Date”), by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the “City”), and AMERICAN TRAFFIC SOLUTIONS, INC., d/b/a VERRA MOBILITY, a Kansas corporation (the “Contractor”). RECITALS WHEREAS, on March 7, 2024, the City of Tampa, Florida, issued Request for Proposal (“RFP”) No. 611122923 for automated speed detection for school zone safety enforcement; and WHEREAS, the RFP closed on April 15, 2024, and following evaluation, the City of Tampa selected Contractor and entered into an agreement for school zone speed photo enforcement services (the “Tampa Agreement”); and WHEREAS, on October 15, 2024, the City Commission adopted Resolution No. R24- 263, awarded and approved a piggyback agreement with Contractor utilizing the Tampa Agreement (the “Piggyback Agreement”); and WHEREAS, the City and Contractor executed the Piggyback Agreement, which adopted and incorporated the Tampa Agreement in its entirety, with certain modifications specific to the City of Boynton Beach, including reduced pricing; and WHEREAS, the Piggyback Agreement provided that it would terminate no later than six (6) months after expiration or termination of the Tampa Agreement; and WHEREAS, the City has implemented school zone speed photo enforcement services pursuant to City Ordinance No. 24-010, and Florida House Bill 657 (codified as Section 316.1896, Florida Statutes, and Chapter 2023-174, Laws of Florida), and the program is currently live; and WHEREAS, the City has been informed that the City of Tampa terminated the Tampa Agreement effective December 16, 2025, which triggered the termination provision in the Piggyback Agreement, such that the Piggyback Agreement will terminate no later than June 16, 2026; and WHEREAS, the City has speed zone camera systems currently operational in multiple school zones throughout the City, providing critical safety enforcement to protect children and the public; and 440 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 2 WHEREAS, interruption of these services would create an immediate public safety concern, undermine the City's school zone safety program, potentially expose the City to liability, and waste the City's investment in equipment installation and program implementation; and WHEREAS, procurement of a replacement vendor would require equipment removal, reinstallation, recalibration, staff retraining, establishment of new protocols, and other implementation activities that would cause significant service interruption and additional costs to the City; and WHEREAS, the City desires to continue the services without interruption and to enter into a direct agreement with Contractor on substantially the same terms as the Tampa Agreement as previously modified; WHEREAS, pursuant to Section IX(13) of the City’s Purchasing Policy Manual, waiver of procurement procedures may only be approved by the City Commission upon factual findings supporting the waiver; and WHEREAS, this Agreement supersedes and replaces the Piggyback Agreement in its entirety while preserving all rights, obligations, and liabilities that accrued under the Piggyback Agreement prior to the Effective Date. WHEREAS, the City Commission finds that it is in the City’s best interest to waive procurement procedures for this Agreement due to time constraints and the need to maintain continuity of an active public safety program without interruption, and continue its contractual relationship with Contractor on a direct basis, maintaining the favorable pricing and essential terms previously negotiated through the City of Tampa procurement process and the City’s Piggyback Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are true and correct and are incorporated into and made a part of this Agreement. 2. History; Prior Piggyback Award; Adoption of Tampa Agreement. 2.1 The parties acknowledge the history of the City's piggyback award as described in the Recitals, including the City Commission's approval by Resolution No. R24-263 and execution of the Piggyback Agreement utilizing the Tampa Agreement. The 441 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 3 parties further acknowledge that the Tampa Agreement terminated on December 16, 2025, which triggered the termination provision in the Piggyback Agreement. 2.2 Adoption of Tampa Agreement Terms. The parties agree that this Agreement incorporates by reference all terms, conditions, specifications, and requirements of the Tampa Agreement (RFP No. 611122923), as modified by the terms negotiated in the Piggyback Agreement and as further modified by this Agreement. A copy of the Piggyback Agreement, comprised of the Tampa Agreement and the City's negotiated modifications is attached collectively as Exhibit A. All references in the Tampa Agreement to the "City of Tampa" shall be deemed to refer to the "City of Boynton Beach," and all notices, points of contact, and other City-specific provisions shall be as set forth in this Agreement. 2.3 Direct Contract. This Agreement establishes a direct contractual relationship between the City and Contractor based on the City’s waiver of its Purchasing Policy as further described herein; it is not a piggyback; and it is not dependent upon, contingent upon, or otherwise tied to the City of Tampa or the Tampa Agreement’s term or status. 2.4 Preservation of Rights. All rights, obligations, and liabilities that accrued under the Piggyback Agreement prior to the Effective Date are preserved and carried forward under this Agreement. Nothing in this Agreement shall be construed to waive or release any party from any obligation or liability that arose under the Piggyback Agreement prior to the Effective Date. All payments made, services performed, and obligations incurred under the Piggyback Agreement are ratified and confirmed. 3. Waiver of Procurement Procedures. The City Commission hereby waives the City's procurement procedures for this Agreement pursuant to Section IX(13) of the City's Purchasing Policy Manual, based on the following factual findings: (1) the City's school zone speed enforcement program is currently operational and serves a critical public safety function; (2) the termination of the Tampa Agreement effective December 16, 2025, triggered the six-month termination provision in the Piggyback Agreement, requiring action before June 16, 2026; (3) interruption of services would create a public safety gap and potential liability exposure; (4) Contractor is the incumbent provider with installed equipment and operational knowledge specific to the City's program; (5) procurement of a replacement vendor would require equipment removal, reinstallation, recalibration, and staff retraining, causing service interruption; (6) the City has negotiated favorable pricing terms; and (7) the City Commission determines that the waiver is in the City's best interest. The City has conducted such competition as is practicable under the circumstances and conducted a good-faith review of available sources and negotiation regarding price, delivery, and terms. 442 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 4 4. Term; Renewal. 4.1 Initial Term. The initial term of this Agreement shall commence on the Effective Date and continue for five (5) years (the “Initial Term”), unless earlier terminated in accordance with Exhibit A, as amended by this Agreement. 4.2 Renewal Option. The City shall have the option to renew this Agreement for three (3) additional one-year term(s) (each, a “Renewal Term”) upon mutual written agreement of the parties, provided the City gives Contractor written notice of its intent to renew at least 90 days prior to expiration of the then-current term. 4.3 No Tampa Contingency. The term of this Agreement and any renewals are not contingent upon, and shall not be affected by, the Piggyback Agreement or the City of Tampa’s contract. 5. Fees; Service Fee Schedule. Fees, revenue sharing, and any service fee schedule shall be as set forth in Exhibit A (as may be updated by written amendment executed by the parties). For clarity and ease of reference, the pricing is as follows: (a) Fixed Speed Safety Camera System: Per Camera System fee based on the first two (2) paid Citations per Camera System per day (based on 20 school day month for all 12 months of the year and on $60.00 per paid Citation retained by City) on average across all operational units, and then $6.00 for ea ch additional paid Citation (i.e., 10% of remaining City retained Program Revenue). (b) Certified Mailing Fee: US Postal Service prevailing rate plus $2.00 per page per notice for Uniform Traffic Citation (UTC) and subsequent Notice Mailing Fee. 6. Notices. All notices to the City shall be in writing and delivered in the manner set forth in Exhibit A. 7. Performance Standards. Contractor shall perform all services in accordance with the performance standards and specifications set forth in Exhibit A and in compliance with all applicable laws, including Section 316.1896, Florida Statutes, Chapter 2023-174, Laws of Florida, and Boynton Beach Code Section 14-6.1. 443 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 5 8. Reaffirmation of Representations and Warranties. Contractor hereby reaffirms, as of the Effective Date of this Agreement, all representations, warranties, and certifications made in the Tampa Agreement and the Piggyback Agreement, including specifically that Contractor remains in full compliance with: (a) Section 287.133, Fla. Stat. (public entity crimes); (b) Section 448.095, Fla. Stat. (E-Verify employment eligibility verification); (c) Sections 287.135, 215.473, and 215.4725, Fla. Stat. (scrutinized companies lists and prohibitions on business operations in Cuba, Syria, Sudan, Iran, Russia, and boycotts of Israel); and (d) Section 787.06(13), Fla. Stat. (anti-human trafficking laws). Any material breach of these reaffirmed representations shall constitute grounds for immediate termination of this Agreement. 9. Entire Agreement; Order of Precedence. This Agreement, together with Exhibit A, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, including the Piggyback Agreement. In the event of any conflict between this Agreement and Exhibit A, the order of precedence shall be (1) the express terms of this Agreement, (2) the terms of the Piggyback Agreement, and (3) the Tampa Agreement terms incorporated into the Piggyback Agreement. 10. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures delivered electronically or by facsimile shall be deemed originals for all purposes. 444 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 6 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective February 3, 2026. CITY OF BOYNTON BEACH, FLORIDA By: Print Name: Title: AMERICAN TRAFFIC SOLUTIONS, INC., d/b/a VERRA MOBILITY By: [Jonathan Baldwin, Executive Vice President] Date: Date: 2/2/2026 City Attorney’s Office Approved as to Form By: Attested/Authenticated: Maylee DeJesus, City Clerk 445 Verra Direct Agreement for School Zone Speed Cameras (1.16.26 SRW) 7 Exhibit A City of Boynton Beach Terminated Piggyback Agreement (including all incorporated Tampa Agreement terms and City-specific modifications) 446 Memo To: From: Date: Dept. Matter# Re: Ty Penserga, Mayor Stacey R. Weinger, Deputy City Attorney ji;l October z.5/<...2024 Police 24-0832 American Traffic Solutions, Inc. Oba Verra Mobility Piggyback Agreement Transmitted herewith are original documents that have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The Mayor is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R24-263 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: 0 Attest to the execution of the Agreement by the Mayor. 0 Insert the date of execution beneath the Mayor's signature (if not already dated). Please retain the document as a public record and forward a copy of the fully-executed document to: Andrew Rozwadowski and Joseph DeGiulio To: Andrew Rozwadowski Please forward the fully executed document to the other party. Thank you. 447 Purchasing Division PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY This Piggyback Agreement is made as of this 24 day of October. 2024, by and between American Traffic Solutions. lnc. d/b/a Verra Mobility, a Kansas corporation, with a principal address of 1150 N. Alma School Road Mesa, AZ 85201 hereinafter referred to as "Vendor:·, and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida. with a business address of I00 East Ocean Avenue. Boynton Beach, Florida 33435, hereinafter referred to as ·'City.'' RECITALS WHEREAS, on March 7, 2024. the City of Tampa, Florida, issued a ·'Request for Proposal" (RFP) to solicit responses from qualified firms to implement a photo enforcement program to enforce specified traffic speed violations designated in school speed zones; and WHEREAS, on April 15, 2024. the City of Tampa's RFP closed with four vendor proposal responses; and WHEREAS, an evaluation committee was convened to assess the submissions, and after thorough consideration of the criteria outlined in the RFP. it was determined that Vendor offered the most advantageous solution for the City of Tampa, and the parties entered into a contract (the Master Agreement"'); and WHEREAS, the Master Agreement expires tive years from the final go-live date with automatic renewals for two consecutive I -year tenns.; and WHEREAS, the City of Boynton Beach desires to implement a similar photo enforcement program to enforce specified traffic speed violations designated in school speed zones ('·Services"'); and WHEREAS, the City·s Purchasing Policy Section X- Alternatives to Formal Sealed Bids. provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity"s contracL provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, City staff recommended that the City Commission approve this piggyback agreement with Vendor, citing the strong relationship with the Vendor established since 20 I I, as well as the City"s familiarity with Verra Mobility's backend software. which ensures continuity of operations for the City's Police Department: and WHEREAS, the Vendor submitted a proposal to provide the Services to the City in accordance with the terms and conditions of the Master Agreement, and. following negotiations Pf!· AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY I School Zone Speed Cameras City of Boynton Beach 448 City of Boynton Beach Purchasing Division with staff, Vendor has agreed to lower rates. presenting the most advantageous solution and the best interest of the City. as detailed in the Fee Proposal attached Exhibit ·'A;'° and WHEREAS, the City and Vendor have decided to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit ·'s,•· subject to the modifications described herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged. the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties and will remain in effect five years from the final go-live date with automatic renewals for two consecutive I-year terms. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or tennination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to complete the Services, at the revised rates provided in the Vendor·s Proposal attached as Exhibit ·'A.. on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein. made for the benefit of the City. and incorporated herein. except that all references to the ·'City of Tampa" are hereby replaced with the --city of Boynton Beach:· The Vendor agrees that the negotiated rates described in Exhibit "A'" hereto shall amend and supersede the rates described in the Service Fee Schedule of the Master Agreement. 4. NOTICES: All Notices to the City shall be in writing by ce11ified mail return receipt requested. or customarily used overnight transmission with proof of delivery, sent to: City: Copy: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach. Florida 33425 Telephone: (561) 742-60 IOI Facsimile: (561) 742-6090 Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach. Florida 33425 Telephone: (561) 742-60 IO/ Facsimile: (561) 742-6090 PO• AMFRICAN TRAFFIC SOl.LJTIONS. INC' OBA VFRRi\ MOBILITY 2 School 7 on�Speed Cam= 449 City of Boynton Beach Purchasing Division 5. INVOICES AND PAYMENT: If for any reason payments are not made by ACH as required by Section 5.1 of the Master Agreement, any invoices and payments sent by mail must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Vendor shall provide W-9 with first invoice/payment request. 6. SOVERELGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 7. ATTORNEY'S FEES: ln the event that either Party brings suit for enforcement of the Agreement. each Party shall bear its own attorney's fees and cou11 costs. 8. PUBLIC RECORDS: Paragraph 6.4(vi) of the Master Agreement is amended to read as follows: IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 9. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of lsrael. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall bedeemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determfoation concerning the false ce1titication. The Vendor 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. the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the I'll. AMERICAN TRAFFIC SOLUTIONS. INC Df!A VERRA MOBILITY School Zone Spei,d Cameras J 450 City of Boynton Beach Purchasing Division f'H • AMERICAN TRAFFIC SOI l/TIONS. INC DBA Vl::RRA MOBILITY 4 ,chool Zone Speed Cameras determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error. then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135. Florida Statutes, as amended from time to time. 10. E-VERIFY: Vendor shall comply with Section 448.095. Fla. Stat., ·'Employment Eligibility.'· including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to tennination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (I) year after the date of termination. 11. VENUE: Any disputes that arise between the parties regarding the performance of this Agreement and cannot be resolved through negotiations or mediation shall be submitted to a court of competent jurisdiction in Palm Beach County. Florida. This Agreement shall be construed under Florida Law. 12. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties i_n counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Agreement on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 13. INSURANCE: At the time of execution of this Agreement, the Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach and its officers. employees. and agents as additional insured. 14. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant lo the Agreement and shall not be considered the City·s employee for any purpose. 15. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal. state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 16. AGREEMENT SUBJECT TO FUNDING: The 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 of 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. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 451 PR• AMERICAN TRAFFIC SOLU110NS. INC OBA VcRRA MODJLITY 5 School I.oneSpeeJ Cameras Purchasing Division 17. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets fo11h the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements. written or oral. between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 18. SEVERABILITY. lf any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 19. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement. Vendor shall provide City with an ar-tidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to.follow 452 PB· AMERICAN TRAFFIC SOLUTIONS, INC DBA VERRA MOBILITY 6 School Zone Speed Cameras c¼!m6 City of Boynton Beach Purchasing Division IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORJDA Approved as to Form: 4//aN/1/4� Shawna G. Lamb. City Attorney Attested/Authenticated: AMERICAN TRAFFIC SOLUTIONS, INC., D/B/A VERRA MOBILITY Jon Baldwin Print Name of Authorized Official EYP, Government Salutiaos Title (Corporate Seal) Attest/Authenticated: (Signature), Witness Christina Deal Print Name 453 PB - AMERICAN TRAFFIC SOLU-nONS, INC DBA VERRA MOBILITY 7 School Zone Speed Cameras City of Boynton Beach EXHIBIT ''A" VENDOR'S AMENDED SERVICE FEE SCHEDULE *The rates described below amend and replace those in Exhibit A of the Master Agreement* Purchasing Division 454 VERRA MOBILITY School Zone Speed Photo Enforcement Services October 8, 2024 Prepared for: City of Boynton Beach, FL Submitted by Verra Mobility 1150 North Alma School Road Mesa, Arizona 85201 Phone: 480.443.7000 Fax: 480.596.4501 www.verramobility.com Point of Contact: Edward Tiedje Vice President, Regional Accounts Phone: 480-393-6668 Edward.tiedje@verramobility.com 455 Proposal for City of Boynton Beach School Zone Speed Photo Enforcement Services October 8, 2024 Andrew Rozwadowski City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 Re: Verra Mobility School Zone Speed Photo Enforcement Proposal Dear Andrew Rozwadowski: American Traffic Solutions, Inc. doing business as Verra Mobility (Verra Mobility), is pleased to present this proposal to the City of Boynton Beach. Headquartered in Mesa, Arizona with 1,900 employees amongst all subsidiaries and affiliates, Verra Mobility has installed, maintained, operated photo enforcement systems with industry-leading technology that positively impacts driver behavior and enhances road safety. Verra Mobility operates over 10,000 red light, speed, stop arm and bus lane safety cameras for nearly 275 communities of which 80 are speed programs throughout North America. In Florida alone, we support photo enforcement programs for 31 municipalities, 8 of which are contracted for School Zone Speed. As America's-and Florida's-number-one provider of photo enforcement programs, we believe we have the School Zone Speed camera solution that will help the City improve community safety. In addition, our qualifications and the experience will help you rest assured that your program will be implemented and supported by a trusted and knowledgeable team. Verra Mobility is happy to offer the City an option to piggyback on our current Tampa FL Contract, RFP #61122923, which was a competitive RFP win. We would honor the negotiated pricing as described below. Fixed School Safety Camera Speed Detection System Per Camera System fee is based on the first two (2) paid Citations per Camera System per day (based on 20 day school day month for all 12 months of the year and on $60.00 per paid Citation retained by City) on average across all operational units and then $6.00 for each additional paid Citation (i.e. 10% of remaining City retained Program Revenue)* Certified Mailing Fee for Uniform Traffic Citation (UTC) and subsequent Notice Mailing Fee US Postal Service cost plus $2.00 per page per notice t ,"I VERRA MOBILITY Page 2 ©2024 Verra Mobility'" 456 Proposal for City of Boynton Beach School Zone Speed Photo Enforcement Services We are both excited and humbled by the prospect of continuing to serve the City of Boynton Beach as a partner in making the City a safer place to live, work and play. Should you have any questions or need additional clarifications on our proposal, please contact Edward Tiedje, Vice President at 480-393-6668 or Edward.tiedje@verramobility.com. Sincerely, 2,d �Vic:-;,resident, Regional Accounts VERRA MOBILITY Page 3 ©2024 Verra MobilityN 457 Purchasing Division EXHIBIT "B" AGREEMENT BETWEEN CITY OF TAMPA AND AMERJCAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY WITH ALL BACKUP PB· AMERJCAN TRAFFIC SOLlJnONS, rNC DBA VERRA MOBILITY 8 School /one Speed Cameras City of Boynton Beach 458 flublisber's �ffibabit LAGACETA State of Florida County of Hillsborough, Before the undersigned authority personally appeared Patrick Manteiga who under oath says he is the Publisher of La Gaceta, a weekly newspaper published in Hillsborough County, Florida, that the attached copy of advertisement, being a Request for Proposal in the matter of Automated Speed Detection 3:00 PM 4/5/24 Pre-proposal conference 3/22./24 In the Thirteenth Judicial Circuit Court, was published in said newspaper in print in the issues of 3/8/24 and on its publicly available website. Affiant further says that the newspaper complies will all legal requirements for publication in Chapter 50, Florida Statutes. Sworn to and subscribed before me on this 8th day of, March A.O. 2024 by Patrick Manteiga, who is personally known to me. PROPOSAL . Acts, Laws of Flol1da,1€Request fol' Proposal for1h8 furn following wlll be recelvecs-t,y..D1!90-. until torof Purchaalng,Cityo!Taln li'ihls • ., EHFORCEMS.ff _ . • • : BEHELDar.t212410:00AII . • opened and read. for and to. ibe '.Tampa. Ft 3®1/) Director of Purchli8tng 459 PHOTO ENFORCEMENT SERVICES AGREEMENT: SCHOOL ZONE SPEED SAFETY CAMERA SYSTEMS This Photo Enforcement Services Agreement includes the attached Exhibits, the RFP, and the Response, each of which are incorporated herein by reference ("Agreement") and is ma.de by and between American Traffic Solutions, Inc., doing business as Verra Mobility, (''Verra Mobility") and The City of Tampa, Florida ("Customer"), together referred to as "the parties". WHEREAS, Customer issued a request for proposal RFP #61122923 oo March 7, 2024 (the "RFP") and Verra Mobility responded to the RFP on April 15, 2024 (the "Response''); and WHEREAS, Customer desires to implement a photo enforcement program (the "Program'') to enforce specified traffic speed violations designated in school speed zones (the "Events'') in accordance with § 316.1896 and Chapter 2023-174, Laws of Florida and Tampa Code Section 14-56 "School Zone Speed Enforcement Cameras"; and WHEREAS, Verra Mobility has the exclusive possession and ownership of the Back-Office System "BOS", including certain knowledge, equipment, licenses, and the processes for processing Events; and WHEREAS, Customer desires to use the Verra Mobility provided camera systems together with the BOS to capture Events, mail notices of violations and citations to identified vehicle owners approved by Customer, process violation payments and hearing requests, handle administrative duties of the Program, and to allow Customer to electronically review and issue violations and citations for traffic school speed zone violations as part of its Program; and WHEREAS, Customer finds that entering into this Agreement satisfies all applicable procurement requirements. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby admitted and acknowledged, the parties agree as follows: This Agreement is effective on the date of execution by the last signatory to this cover page ("Effective Date"). ACKNOWLEDGED AND AGREED TO BY: ::RIC SOLUTIONS, INC. Name/Title Jon Baldwin, EVP Government Solutions Date: 718(2024 CITY OF TAMPA, FLORIDA Approved as co legal sufficimcy: /s/ Mike Schmid Sr. Asst. Ctty Attorney JOd-"{-(,1 l 460 Page 2 ofs4' I. DEFINITIONS As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: "Approach'�· One (1) direction of travel on a road including up to four (4) contiguous Lanes on which a Camera System may be installed upon the mutual agreement of the parties. "Back-O.iicc System" or "BOS'� The proprietary back-end system that processes Events and Violations, including the printing and mailing of Citations, the generation of evidence packages, and that provides system generated reports of Violation counts. ''Business Hours'� Eight (8) hours per day, Monday through Friday, excluding weekends and holidays. ''Business Rules'� The Business Rules Questionnaire to be completed by Customer and delivered to Verra Mobility setting forth the business rules for the implementation and operation of the Program. "Camera System"or "Camera'� A photo-traffic monitoring device consisting of one (1) rear camera, strobe (if applicable), and traffic monitoring device (including the wiring associated with each) capable of accurately detecting a Violation, which records such data with one (1) or more images of such vehicle. "Change Order Notice'� Written notice from Customer requesting changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement, setting forth in reasonable detail the proposed changes. "Change Order Proposal'� A written statement from Verra Mobility describing the cost of the changes to the work or addition of products or services requested by Customer in a Change Order Notice. "Citation'� A Notice of Violation or a Uniform Traffic Citation issued by a traffic infraction enforcement officer or sworn law enforcement officer relating to a Violation documented or evidenced in the BOS. ''Designated Safety Zone": A designated safety zoae in which a Camera System may be installed. ''Event'� A potential Violation captured by the Camera System. ''Fees'� The amount payable by Customer to Verra Mobility for equipmc.nt, services, and maintenance as set forth in EXHIBIT A ''Final Disposition": The date a Citation is paid, dismissed, or otherwise disposed of after a hearing is held. Any notice of appeal shall automatically toll the final disposition until a final judgment is reached after the conclusion of all appeals. ''Fixed Speed Safety Camera System'� A Speed Detection System (SOS), which is a Camera System that uses radar, or other vehicle detection technology, to capture the speed of a motor vehicle and generates recorded images of an Event and is installed on a mutually agreed upon Approach. "Go-Live'� The date the last SOS is installed and accepted by the Customer. '2:.aw.s-'� All federal, state, or local, laws, ordinances, regulations, and orders. "Notice to Proceed'� Written confirmation from Customer that Verra Mobility may proceed with the installation of a gjveo Camera System, a form of which is attached as EXHIBIT C. 461 Page 3 of 34 "Notice of Violation(lvOV)'� A notice issued to the registered owner or co-owner of a motor vehicle for a violation, or to the person properly identified in an affidavit as having care, custody, or control of the motor vehicle at the time of the violation; a NOV shall include all re9uited information as provided under Florida Statute section 316.1896 and be sent in the manner and within the time frame provided. "Owner'� The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor vehicle department or the analogous agency of another state or country, including a lessee of a motor vehicle under a lease of six months or longer. 'Paid Citation'� A situation where the Person cited has paid any portion of the penalty, fine, funds, fees or costs associated with the particular Citation. 'Person" or 'Persons'� Any individual, partnership, joint vemure, corporation, limited liability company, trust, unincorporated association, governmental authority or poljtical subdivision thereof or any other form of entity. 'Photo Enforcement Infrastructure'�The poles, foundation, conduit, and other below-grade infrastructure associated with installing Camera Systems. "Program'� The implementation, operation, and enforcement of the "School Speed Zone Enforcement Cameras" Ordinance, Tampa Code Section 14-56. 'Program Revenue'� Any gross penalty, fine, funds, fees or costs paid by a violator for any reason related to any Violation. 'Project Timeline'� The initial schedule and timelines re9uired to beg:in the implementation of Customer's project, as mutually agreed upon by the parties. The initial project timeline provided in the Response and the RFP will be prepared assuming the active cooperation and engagement of the Program stakeholders set forth in Section 2.1.1 of EXHIBIT B, "Speed Detection System {SDS) or System'� A Fixed Speed Safety Camera System used to detect a motor vehicle's speed using radar to capture a Violation and produce an image and video of the rear of a motor vehicle thatexceeds the speed limit in force at the time of the Violation; a SDS is exempt from the design re9uirements for radar units established by the Florida Department of Highway Safety and Motor Vehicles; a SDS must have the ability to perform self-tests as to its detection accuracy; the SDS must perform a self-test at least once every 30 days; unless otherwise agreed to be completed byTampa Police Department in writing, Verra Mobility shall maintain a log of the results of the system's self-tests and shall also perform an independent caliliration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police use ia anr hearing as authorized under Florida Statute Section 316.1906. 'Vniform Tra.Dic Citation {UTC)'� A UTC shall include all required information as provided under Floridl\ Statute sections 316.1896 and 316.6550 and be sent in the manner and withing the time frame provided. ''Violation'� A failure to obey the posted speed limit in a school zone in violation of Florida Statute Sections 316.1895 or 316.183 as determined in Customer's sole discretion in accordance with Tampa Code Section 14- 56 and Chapter 2023-174, Laws of Florida, as may be amended. II. GENERAL TERMS AND CONDITIONS 1. VERRA MOBILITY AGREES TO PROVIDE: 462 Page 4 of 34 The scope of work identified in EXHIBIT B, Section 1, and as described further in the RFP and the Response, 2. CUSTOMER AGREES TO PROVIDE: The scope of work identified in EXHIBIT B. Section 2, and as described further in the RFP and the Response. 3. ADDITIONAL SERVICES: In accordance with§ 316.1896, Florida Statutes, a speed detection system in a school zone may not be used for remote surveillance. Recorded video or photographs collected as part of a speed detection system in a school zone may only be used to document school speed zone infractions and for purposes of determining criminal or civil liability for incidents captured by the speed detection system incidental to the permissible use of the speed detection system. To the extent authorized by law, Verra Mobility shall provide the additional services set forth on EXHIBIT 8, Sections 3.1 - Enhanced Video Services and 3.2. - Automated License Plate Recognition (ALPR) Interface Solutions Services, subject to the additional terms and conditions specified therein. Verra Mobility and Customer may add additional products and services upon written mutual agreement. Price quotations will be furnished upon Customer request. 4. TERM: The Agreement teem shall be for five (5) years from the acceptance and Go-Live date. This Agreement will automatically extend up to two consecutive one (1) year terms and will automatically be extended on a monthly basis at the end of the last term until cancelled or renewed. However, Customer or Verra Mobility may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement at least ninety (90) days prior to the expiration of the then-current term. 5. FEES AND PAYMENT: 5.1 Verra Mobility shall provide all equipment, services and maintenance for the SDS and BOS and shall receive revenue sharing of paid citations received by Verra based on the fee schedule indicated in EXHIBIT A Service Fee Schedule 1. Payments made to the City through payment of UTC's to the Clerk of Court will be paid by the City to Verra Mobility based on the same revenue sharing percentage. Payments for Fees shall be made via Automated Clearing House (ACH). 5.2 Payment receipts and invoices shall be in standard Verra Mobility or Customer format and provided electronically. 5.3 Customer and Verra Mobility shall remit payment of revenue sharing from paid citations to the other party by the 5th of every subsequent month in which payments were made prior to the 15th of the prior month. Parments made after the 1Sch of the month shall be remitted by the 5th of the month after the subsequent month. Late payments may be subject to interest calculated at 1.5% per month on open balances. 6. COMMUNICATION OF INFORMATION: 6.1 Verra Mobility will comply with reasonable requests from Customer for information obtained by Verra Mobility through operation of the Camera Systems or rhe BOS. Ve.rra Mobility reserves the right to assess a fee for such services if such information is requested by a third-party or if Customer could retrieve the information from the BOS without the assistance of Verra Mobility. 463 Page 5 of 34 6.2 Verra Mobility will retain the video footage for thirty days (30) day, except for videos which capture an Event which shall be held for ninety (90) days from the disposition of the Event. Customer will have access to all enforceable images and video produced by cameras for sixty (60) days after the disposition of the Event. 6.3 The Customer will fulfill public records requests regarding Event captures. Verra Mobility will establish an online process for receiving request for non-event related video from third-parties (non- Customers) and establishing a reasonable rate for the coping of the request in accordance with Chapter 119, F.S. Customer will refer requests to Verra for non-event video request made by third-parties. Verra will ensure requests made within twenty (20) days from the date of the recording are preserved and copied before deletion. Verra shall advise on the third-party request form that request must be made within the 20-day time period in order to be preserved. Por any non-Customer requests for information, Verra Mobility shall work collaborativelywith Customer to provide requested information in a timely manner to Customer. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 6.4 Public Records: As required by section 119.0701, Florida Statutes, Verra Mobility hereby specifically agrees to comply with the public records laws of the State of Florida. Verra Mobility specifically agrees to: (i) Keep and maintain pub.lie records required by the Customer in order to perform theservice. (ii) Upon request from the Customer's custodian of public records, provide the Customer 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 Starutes, or as otherwise provided by law. (iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arc not disclosed except as authorized by law for the duration of the Agreement term and following completion (or earlier termination) of the Agreement if Verra Mobility does not transfer the records to the Customer. Qv) Upon completion (or earlier termination) of the Agreement, Verra Mobility shall maintain all public records in accordance with the Agreement for a period of 180 days and thereafter transfer at no cost to the Customer all of the public records in possession of Verra Mobility. After transfer of all public records to the Customer, Verra Mobility shall not maintain any duplicate public records that are exempt or confidential from public records disclosure requirements. All records stored electronically must be provided to the Customer upon request from the Customer's records custodian in a format that is compatible with the information technology systems of the Customer. This Subsection (iv) is not intended to supersede Section 15 "Termination", however this subsection (iv) governs as it pertains to what is legally required pursuant to Chapter 119, Florida Statutes. (v) The failure of Verra Mobility to comply with Chapter 119, Florida Srarutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by Customer; Customer shall also have the option to withhold compensation due Verra Mobility until records are received as provided herein. (vi) IF VERRA MOBILITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VERRA MOBILITY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813-274-8351, 464 Page ij of 34 COTPURCHASING@TAMPAGOV.NET, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FLORIDA 33602 7. CONFIDENTIALITY: No information given by Verra Mobility to Customer will be of a confidential nature, unless specifically designated in writing as proprietary or confidential by Verra Mobility ("Verra Mobility Confidential Information"). If, however, Ve1Ta Mobility does designate certain information as proprietary or confidential, Customer shall tte:it the Verra Mobility Confidential Information with the same degree of care and same restrictions as Customer treats its own proprietary and confidential information, but in no event with less than reasonable care and reasonable restrictions. Customer will use Verra Mobility Confidential Information soldy in connection with its rights and obligations under this Agreement and will not use Verra Mobility Confidential Information for any other purpose,including but not limited to any use to harm or injure Verra Mobility or in any other way detrimental to Verra Mobility. If Customer receives a request or becomes legally obligated or compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand, other demand or request by a governmental agency, or the application of statures, rules or regulations) to disclose any of the Verra Mobility Confidential Information, Customer will promptJy provide Verra Mobility with written notice of such request or requirement before anydisclosure, and will cooperate with Verra Mobility's reasonable efforts to obtain confidential treatment of the Verra Mobility Confidential Information. If a protective order or other confidential treatment is not obtained or if Verra Mobility waives its rights under this paragraph, Customer agrees to furnish only so much of the Verra Mobility Confidential Information as it is legally required to furnish and, where appropriate, to exercise its best efforts to obtain written assurances that confidential treatment will be accorded to the Verra Mobility Confidential Information. Customer will give Verra Mobility an opportunity to review the Verra Mobility Confidential Information prior to its disclosure, and Customer will allow Verra Mobility to participate in any related proceeding. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 8. PROPRIETARY RIGHTS: 8.1 Back-Office System: Verra Mobility's proprietary BOS is software-as-a-service. Under all circumstances, Verra Mobility shall retain ownership of the BOS and all associated intellectual property rights, including any modifications, configurations,improvements, enhancements, upgrades, or further developments of the BOS, even if modified, configured, improved, enhanced, upgraded, or further developed at the request, feedback, or recommendation of the Customer. Under no circumstance will any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS be considered "Work for Hire" for Customer. Customer agrees not to copy, rent, lease, sell, distribute, or create derivative works based on the BOS or related documentation in whole or in part, byany means except as expressly authorized in writing by Verra Mobility. During the term of our Agreement with Customer, Verra Mobility grants Customer a non-exclusive, non-transferable, revocable license to access and use the BOS for the sole purpose of Customer performing its obligations under this Agreement. 8.2 Systems: Under all circumstances, Verra Mobility shall retain ownership of all Camera Systems and all associated intellectual property rights. On and as of the date of termination of this Agreement, Customer shall be deemed to accept and receive full ownership and control of the Photo Enforcement Infrastructure. 8.3 Public Safety Campaign and Public Awareness: As between the parties, Verra Mobility owns and retains all rights, titJe and interest in and to the Public Safety Campaign Content, if any, created by Verra Mobility and all intellectual property rights therein, excluding all Customer Content. "Public 465 Page 7 of 34 Safety Campaign Content'' means all content, trademarks, service marks, works of authorship, products, software, software code, databases, technology, information, data, specifications, documentation, algorithms, technical and business plans, and other materials of any kind, and all intellectual property rights therein produced by Verra Mobility for a Public Safety Campaign pursuant to EXHIBIT B. Verra Mobility grants to Customer a perpetual, revocable, non-transferable, and non- exclusive license to use, copy, display, and distribute the Public Safety Campaign Content solely to promote Customer's photo enforcement programs, and to modify the Public Safety Campaign Content as needed for formatting for exercise of the license granted. 8.4 lo order to produce the Public Safety Campaign Content, Customer grants Verra Mobility a nonexclusive, fully paid-up, license to use, reproduce, distribute, perform, practice and display, and to create derivatives of all content, trademarks, service marks, works of authorship, products, software, software code, databases, technology, information, data, specifications, documentation, algorithms, technical and business plans, and other materials of any kind, and all intellectual property rights therein provided to Verra Mobility ("Customer Content") solely for Verra Mobility to (i) create the Public Safety Campaign Content, and (ii) provide services to Customer. Customer has the ability to approve use of any Customer Content in the Public Safety Campaign Content. In order to carry out the purposes of this Agreement, for the term of this Agreement, Verra Mobility grants Customer a non-exclusive, non-transferable, revocable license to use and display Verra Mobility information, including Verra Mobility trademarks, provided by Verra Mobility on or in marketing, public awareness or education, or other publications or materials relating to the Program, so long as any and all such publications or materials are approved by Verra Mobility in advance of use. 8.5 Data Use: Verra Mobility shall retain the ownership rights to all metadata, business intelligence, or other analytics obtained, gathered, or mined by Verra Mobility from the data captured by the Camera Systems and the BOS, including through the Enhanced Video Services if authorized by law, as defined in EXHIBIT B. Furthermore, Verra Mobility has a right to use non-personalized and aggregated Program data for its internal business purposes, analytics, statistical analysis, and to perform analyses which would further Customer's Program. 8.6 Public Disclosure: Verra Mobility Corporation, the ultimate parent company in the corporate family, is a public company registered with the U.S. Securities and Exchange Commission (SEC) with shares of its common stock listed on the NASDAQ. Nothing in this Agreement shall be construed to limit Verra Mobility's or Verra Mobility Corporation's ability to comply with our disclosure obligations as interpreted by our attorneys and accountants under applicable, laws, rules, and regulations of the SEC or the NASDAQ. 9. INDEMNIFICATION AND LIABILITY: 9.1 Verra Mobility releases and agrees to defend, indemnify and hold harmless Customer, its officers, elected and appointed officials, employees, and/or agents (collectively, "Customer Indemnified Parties'? from and against any and all losses, liabilities, damages, penalties, settlements, judgments, charges, or costs (mcluding without limitation attorneys' fees, professional fees, or other expenses) of every kind and character arising out of any and aU claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character, caused by or resulting from, directly or indirectly, in whole or in part, any act, negligence, recklessness, wrongful misconduct, omission or other conduct of Verra Mobility or any tier of subcontractor/subconsultant/ supplier, agent, employee, or anyone for whom Verra Mobility may be liable, in connection with, arising directly or indirectly out of the execution or performance of the obligations assumed under or incidental to the document to which this section/article/exhibit is incorporated (singulady or collectively "Claims'?, unless such injuries or damages are the result of the sole negligence or willful acts or omissions of the Customer Indemnified Parties . 466 Page 8of34 9.2 Without limjting the foregoing, any and all such Claims, including but not limited to personal injury, disease, sickness, death., damage to property, natural resources, or the environment (including destruction oc loss of use, costs of hazardous or toxic substance cleanup and disposal), defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of common law, :mr applicable law, statute, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity hereunder and, to the extent required, the defined term "Claims". Verra Mobility further agrees to investigate, handle, respond to, provide defense (including without limitation attorney fees, paralegal fees, and expert fees to and through appellate, supplemental, or bankruptcy proceedings) for and defend such Claims at its sole cost and expense through counsel approved in advance and in writing by the Customer and agrees to bear all other costs and expenses related thereto, even if the Claims are groundless, false, or fraudulent. Verra Mobility shall advance or promptly reimburse to the Customer any and all costs and expenses incurred by a Customer Indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the Customer Indemnified Party is entitled to indemnification hereunder . Verra Mobility agrees and recognizes that the Customer Indemnified Parties shall not be held liable or responsible for Claims which may result from any actions or omissions of Verra Mobility in which the Customer Indemnified Parties participated either through providing data, advice, review, and/or concurrence of Verra Mobility's actions. In reviewing, approving, or rejecting any submissions by Verra Mobility or other acts of Verra Mobility, the Customer Indemnified Parties in no way assume or share any responsibility or liability of Verra Mobility or any tier of subcontractor/subconsultant/supplier under the Agreement. 9.3 This obligation is absolute and unconditional and shall in no way be limited by the amount or type of Verra Mobility's insurance coverage, conditioned on any attempt by a Customer Indemnified Party to collect from an insurer, or subject to any set -off, defense, deduction, or counterclaim that Verra Mobility might have against the Customer Indemnified Party. The duty to defend hereunder is independent and separate from the duty to indemnify which shall exist regardless of any ultimate liability of Verra Mobility or any Customer Indemnified Party, and shall arise immediately upon presentation of a Claim and written notice of same being provided to Verra Mobility. Verra Mobility's defense and indemnity obligations hereunder wiU survive the Agreement's expiration or earlier termination. ln the evenc the law is construed to require a specific consideration for this indemnification, the parties agree that the sum of $10.00, receipt of which is hereby acknowledged, is the specific consideration for same and the providing of such indemnification is deemed to be part of the specifications with respect to the services provided by Verra Mobility. 9.4 Specifically, where the Agreement is a professional services contract with a design professional as defined in Section 725.08, Florida Statutes, this Section 9 shall be limited to Section 725.08. Further, where the Agreement is a construction contract for a public agency or in connection with a public agency's project per Section 725.06, Florida Statutes, this Section 9 shall be limjred to said Section 725.06. Moreover, whenever there appears in the Agreement an indemnification within the purview of Section 725.06, Florida Statutes, the monetary limitation on the extent of the indemnification provided shall be $1 Million Dollars or a sum equal to the total contract price, service cost, or project value whichever is greater. 9.5 NO1WITHSTAND1NG ANYTHING IN THE FOREGOING TO THE CONTRARY, the parties agree that to the extent this Section 9 is found to be in conflict with any provisions of Florida law, it shall be deemed automatically modified in such a manner as to be in full and complete compliance with all such laws, including containing such limiting conditions or I.imitations of liability and/or not containing any unenforceable or prohibited term or terms, such that this indemnification shall be enforceable in accordance with and to the maximum extent permitted by Florida law. 467 Page 9 of 34 9.6 Assistance. In the event of any legal challenge to the statute-based program or any lawsuit against the Customer and/or Customer Indemnified Parties regarding the statute-based program, Verra Mobility shall assist Customer in responding to that challenge or lawsuit, including, but not limited to, assisting in responding to discovery requests, providing reasonable assistance and resources to explain and present the technical aspects and operations of the Camera Systems, assisting in identifying and locating violators, and assisting in monitoring and tracking any Notice of Violation or Uniform Traffic Citation until the final disposition of such Notice of Violation or Uniform Traffic Citation. Verra Mobility shall refund its fees if so ordered by a court of competent jurisdiction. Verra Mobility will provide at no cost to the Customer an expert witness as determined by the City for any City Council hearing and in any legal proceeding. Verra Mobility will train a Customer expert witness, if necessary, depending on the frequency of the need of an expert. 9.7 Notice of Claims. If the Customer or Verra Mobility receives notice of any claim or circumstances which may give rise to an Indemnified Claim/Loss and/or Verra Mobility's duty to defend under this Section 9, the receiving party shall give written notice to the other party within ten (10) business days of receipt. The notice must include the following: (i) description of the indemnification event in reasonable detail, (ii) the basis on which indemnification may be due, and (iii) the anticipated amount of the indemnified loss. 9.8 This notice docsnot stop or prevent Customer from later assertinga different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If Customer does not provide this notice within the ten (10) business day period, it does not waive any right ro indemnification except to the extent that Verra Mobility is directly prejudiced, suffers loss, or incurs expense because of the delay. 9.9 Limited Liability. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other term or anyduty at common or civil law, for any indirect, incidental, special, or consequential damages, or lost profits, lost fines, or lost data however caused and on any theory of liability, arising out of or relating to this Agreement 10. INSURANCE: I0.1 Verra Mobility shall maintain the following minimum scope and limits of insurance as provided under EXHIBIT 1- CITY OF TAMPA INSURANCE REQUIREMENTS, which is attached under separate cover and fully incorporated herein. Customer shall maintain the following minimum scope and limits of insurance: 10.2 Commercial General Liability insurance including coverage for bodily tnJury, property damage, premises and operations, products/completed operations, personal and advertising injury, and contractual liability. 10.3 Worker's Compensation coverage as required by applicable state law and Employer's Liability Insurance. 10.4 Business Automobile Liability Insurance coverage for automobiles and all installed equipment, on any automobiles driven by Customer employees or contractors. Coverage will include liability and collision damage and shall provide 100% coverage. 468 Page10 of 34 11. LIMITEDWARRANTY: EXCEPT AS EXPRESSLY PROV1DED TN THIS AGREEMENT, VERRA MOBILITY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE CAMERA SYSTEMS, THE BOS, OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. THE CUSTOMER ACKNOWLEDGES THAT AT TIMES SUCH SYSTEMS AND RELATED EQUIPMENT AND SOFIWARE MAY MALFUNCTION OR OTHERWISE NOT OPERATE AS ANTICIPATED. VERRA MOBILITY SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 12. STATE LAW TO APPLY: The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, perfonnance, and enforcement. Except to the extent provided in Section 13, the parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. This Agreement shall be construed under and in accordance with the laws of the State of Florida. 13. DISPUTE RESOLUTION: 13.1 All disputes arisingout of or in connection with the Agreement shall be attempted to be settled through good-faith efforts between senior management of both parties. Following thirry (30) days of unsuccessful negotiation, the parties shall participate in professionally-assisted mediation, with a mediator acceptable to both parries. The parties agree to discuss their differences ingood faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. 14. CHANGE ORDERS: Customer may request the addition of any products or services that Verra Mobility provides or other changes to the scope of work to be performed under this Agreement by providing a Change Order Notice to Verra Mobility. Upon Verra Mobility's receipt of the Change Order Notice, Verra Mobility shall delive.r to Customer a Change Order Proposal. Following Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith regarding a plan and schedule for implementation of the proposed changes; the time, manner and amount of payment or price and any other matters relating to the proposed changes. Any Change Order Proposal mutually agreed to by the parties in writing shall be incorporated as an addendum to this Agreement. Any failure of the parties co reach agreement with respect to any foregoing as a result of any proposed changes will not be deemed to be a breach of this Agreement. 15. TERMINATION: 15.1 Verra Mobility's services may be terminated: (i) By mutual written consent of the parties; (ii) For material breach of this Agreement by either party, where the other party fails in any material way to perform its obligations under this Agreement. 469 Page 11of 34 a) Where Customer is in breach of this Agreement for non-payment of Fees or revenue sharing to Verra Mobility, Ve.rra Mobility may exercise any or all of the following remedies: (1) provide Customer written notice and ten (10) days to cure before suspending performance and turning off the Camera Systems; (2) terminate th.is Agreement for cause where Customer's account remains delinquent sixty (60) days after written notice; and (3) in addition to the foregoing, seek any other available remedies at law or equity. b) Termination under this Subsection 15.l(ii) for any reason other than non-payment of Pees or revenue sharing by Customer is subject to the condition that the terminating pa.rty notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default with.in thirty (30) days after receiving written notice; or (iii) Without cause, by Customer upon thirty (30) days written notice to Verra Mobility. 15.2 Upon termination of th.is Agreement, including because it has reached the end of its term, the parties recognize that Customer will have to process Events in the "pipeline". Accordingly, the parties shall take the following actions and shall have the following obligations, which survive termination during the wind-down period: (i) Customer shall cease using the Camera Systems to capture Events. (u) Unless it is unlawful to do so, Verra Mobility will, for a period of ninety (90) days, continue to process all Events captured before termination and provide all services associated with processing in accordance with this Agreement and shall be entitled to a monthly Fee per Camera System. After such ninety (90) day period, Verra Mobility will terminate all use of the BOS for Customer's Program and upon such termination, the BOS, including Verra Mobility provided website accessible by Owners/violators, and rdated lockbox shall no longer be capable of accepting payments. (iiij Except as provided for in Section 15.2(iv) related to the Photo Enforcement Infrastructure, Customer shall return or allow Verra Mobility to recover all provided equipment within a reasonable time not to exceed ninety (90) days. (iv) Pursuant to Section 8, Customer shall be deemed to accept full ownership and control of the Photo Enforcement Infrastructure. Upon Customer's request or if otherwise required by Law, regulation, or administrative agency, and subject to the limitations set forth hercin, Verra Mobility shall remove the Photo Enforcement Infrastructure Verra Mobility installed in connection with Verra Mobility's performance of its obligations under this Agreement for the actual cost of the removal (presently estimated at approximately SS,000 per Approach) plus an additional 20% service fee (the "Removal Fee"). As part of the services performed for the Removal Fee, Verra Mobility shall restore the surface of Customer's property to substantially the same condition as such property was in immediatelr prior to th.is Agreement, except for foundation removal, which shall be left approximately flush with grade with no exposed bolts, or other hazards. Installed underground Photo Enforcement Infrastructureshall not be required to be removed, and Customer shall accept and observe any and all duties, obligations, or liabilities associated with the remaining foundation, conduit, or other below-grade Photo Enforcement Infrastructure. 15.3 In the event of termination by Verra Mobility for non-payment of Fees or revenue sharing by Customer, Verra Mobility shall cease processing Events as of the date of termination. 470 Page 12 of34 16. LIMITED AGENCY: Customer hereby grants Verra Mobility the authority to act on its behalf as a limited agent of Customer, and shall cause the applicable law enforcement agency to grant Ver.ra Mobility the authority to act as a limited agent of the law enforcement agency, for the purposes of (i) facilitating establishment of bank accounts and delivering payment/transfer instructions, if applicable; (ii) access to DMV records; and (iii) generating and administratively processing recorded images of Events as described in this Agreement and the Business Rules. Verra Mobility and its employees, contractors, agents and servants will in no event be considered to be employees, agents (other than in the limited capacity described herein), or servants of Customer. This Agreement does not and shaU not be interpreted as creating a general agency relationship between Verra Mobility and Customer. 17. USE OF SUBCONTRACTORS: Verra Mobility may not subcontract any rights or obligations hereunder, other than the subcontractors identified in the Response, without the written consent of Customer. Verra Mobility shall perform with its own forces at least fifty-one (51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by Customer. 18. DATA RETENTION: Subject to litigation holds, court orders, changes in Law, or other legal requirements applicable to Verra Mobility, Verra Mobility shall maintain the categories of data set forth under the heading "Type of Record" for the periods of time set forth under the heading "Minimum Verra Mobility Retention Period" on EXHIBIT E during the term of this Agreement. Customer represents and warrants to Verra Mobility that the data retention schedule provided by Customer complies with the laws applicable to Customer. Within one hundred-twenty (120) days of the later of the termination of this Agreement or the termination of any wind-down period, Verra Mobility shall at its option either (0 place the Violation Images, Non-Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non-Violation Records (each as described on EXHIBIT E). not previously disposed of in accordance with the data retention schedule at a secured location with SFfP access or (ii) provide Customer with a hard-drive containing the Violation Images, Non-Violation Images, Tndividually Identifiable Violation Records, and individually Identifiable Non-Violation Records, where Customer shall have ninety (90) days to retrieve and validate the information. After ninety (90) days, Verra Mobility shall delete aJl data from the SFfP location (if applicable) and shall have no further data retention obligations to Customer with respect to such data. Customer acknowledges that DMV data source providers may require Customer to enter into licensing agreements with the OMV data source providers in order for Customer to have continued access to cerwn registered owner information after the termination of this Agreement. 19. ASSIGNMENT: To the extent permitted by applicable law, this contract, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this Agreement. Any attempted assignment of this Agreement by a party without the advance written approval of the other party sbaU be invalid and unenforceable against the other party. Any approved assignment of this Agreement by Verra Mobility will not relieve Verra Mobility &om the performance of its duties, covenants, agreements, obligations, and undertakings under this Agreement, unless the assignment expressly provides otherwise. No assignment by Verra Mobility shall be effective unless the assignee confirms in writing to the Customer that the assignee accepts and shall comply with all of the duties, responsibilities,and obligations of Verra Mobility. Notwithstanding the foregoing, the Customer may assign its rights under this Agreement (without Verra Mobility's consent or approval) to a governmental successor of the Customer. An assignment by the Customer of its rights under this Agreement to a governmental successor of the Customer will relieve the 471 Page 13of34 Customer from the performance of its duties, covenants, agreements, and obligations under this Agreement after the effective date of the assignment. However, the Customer shaU continue to be liable for the obligations it incurred under this Agreement prior to the effective date of the assignment Action by the Customer in awarding the Agreement to Verra Mobility, which has disclosed its intent to subcontract in its response to the RFP, without exception shall constitute approval for purposes of this Agreement. 20. FORCE MAJEURE: Neither party wiU be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, hurricanes, epidemics, pandemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, supply-chain disruptions or governmental authorities approval delays which are not caused by any act or omission by the parties. The parry whose pc.rformance is affected agrees to notify the other promptly of the existence and narure of any delay. For the avoidance of doubt, road or utility work with.in the right of way is not an event of Force Majeure on behalf of the Customer. The term of the Agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 21. NOTICES: Any notices or demand which, under the terms of th.is Agreement or under any statute, that must or may be given or made by Verra Mobility or Customer shall be in writing and shall be given or made by personal service, overnight delivery service (e.g. Federal Express), or by certified mail to the parties at the following addresses: The City of Tampa 306 E. Jackson St. Tampa, FL 33602 Attn: Director of Purchasing The City of Tampa 315 E. Kennedy Blvd Tampa, FL 33602 Attn: City Attorney's Office The City ofTampa 411 N. Franklin St. Tampa, FL33602 Attn: Police Legal Advisor American Traffic Solutions, Inc. 1150 North Alma School Road Mesa, Arizona 85201 Attn: Government Solutions Legal Department 22. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or uncnforccability shall not affect any other provision of this Agreement, and th.is Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. This Agreement shall be enforced to the maximum extent possible so as to give effect to the intent of the parties and shall be reformed without further action by the panics to the extent necessary to make such provision valid and enforceable herein. 472 Page 14 of 34 23. AMENDMENTS TO THE AGREEMENT: Any changes, modifications or amendments to this Agreement shall be in writing and signed by both parties. 24. INfEGRATION AND ORDER OF PRECEDENCE: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior or contemporaneous understanding, written or oral, between the parties respecting its subject matter. To the extent that there is a conflict between the terms of this Agreement (excluding the Response and the RFP), the Response, and the RFP, the documents will control in the following order of precedence: this Agreement (excluding the Response and the RFP), the Response, and the RFP. 25. SURVIVAL: The following provisions of the General Terms and Conditions shall survive the termination of this Agreement: Sections 5, 7, 8, 9, 11, 12,13, 15, 16, 18, 20, 21, 22 and this Section 25. 26. ADDITIONAL SERVICES: During the term of this Agreement, from time-to-time Verra Mobility may propose certain new technologies for Customer to consider and, if so desired, Customer may procure from Verra Mobility the new technologies through either a Change Order pursuant Section 14 or through an amendment to this Agreement upon terms to be mutually agreed upon by the parties. 27. AUDIT RIGHTS: Verra Mobility agrees that the Customer or its authorized representative shall have access to, and the right to audit, examine, or reproduce, the financial books and records of Verra Mobility related to Verra Mobility's performance under the Agreement. Verra Mobility shall retain all such records for a minimum period of six (6) years from the date of termination of the Agreement, including any renewal or extension hereof, or for such longer period of time as required by federal or state law, and shall be extended until the completion of any audit in progress. Verra Mobility must keep all financial records in a manner consistent with generally accepted accounting principles. Verra Mobility must provide access during normal business hours to the requested records no later than ten (10) calendar days after the written request by the Customer or its authorized representative. If any audit reveals any material deviation from the contract requirements, any misrepresentations or any overcharges to the Customer, the Customer will be entitled to recover damages, as well as the cosr of the audit. Any adjustments or payments which must be made as a result of any such audit or inspection of the Customer's invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the Customer's audit findings to Verra Mobility. Verra Mobility shall include this right to audit section in aor subcontractor agreements entered into in connection with this Agreement. 28. PILOTS: From time to time, at the mutual agreement of the parties, Ven:a Mobility may pilot existing Verra Mobility products and services or products and services that are under development br Veua Mobility or its current or future subcontractors and vendors (each a "Vendor"). During any pilot pursuant co this Section 28, registered owner information shall not be used and no Events will be issued as Citations and no mailing of warnings or Citations will occur. Customer expressly acknowledges that Verra Mobility is under no obligation co retain for any period of rime any data produced by any pilot systems. Verra Mobility may request Customer or its employees ro provide feedback on the use, quality, viability, features, functionality, or desirability of pilot systems ("Customer Feedback"). All data, drawings, plans, specifications, blueprints, studies, reports, memoranda, computation sheets, computer files and media or other documents prepared or generated by 473 Page15 of34 Verra Mobility or a Vendor or a pilot system in connection with any pilot shall remain the property of Verra Mobility (the "Pilot Data''). To the extent that such Pilot Data is provided to Customer, Verra Mobility grants to Customer a limited, personal, non sublicensable, nonexclusive license to use the Pilot Data, solely for evaluation and statistical purposes. Actual program performance may vary from pilot performance. Customer acknowledges and agrees that the teems of this Agreement, except forSections 7, 10, 11, 12, 13, 17, 20, 21, 22 and this Section 28, shall not appl}' to any such pilot. 29. EXECUTION: Ths Agreement may be executed in one or more counterparts, each of which will be deemed tO be an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or ".pdf" (to include Adobe Sign) transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or ".pdf" shall be deemed to be their original signatures for any purpose whatsoever. 30. ADDITIONAL PROVISIONS: Compliance with Fla. Stat. § 287.133, Public Entity Crime Verra Mobility represents that it bas not been convicted of a public entity crime. "Public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Verra Mobility has reviewed and shall comply with the provisions of 287.133 of the Florida Statutes, Public entity crime; denial or revocation of the right to transact business with public entities. Compliance with Fla. Stat. § 448.095, Employment Eligibility Verra Mobility is required to register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Verra Mobility represents, warrants, and attests that Verra Mobility has registered for and utilizes the U.S. Department of Homeland Security's E-VcrifySystem to verify the employment eligibility of: a) All persons employed by Verra Mobility to perform employment duties within Florida during the term of the Subcontract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Verra Mobility to perform work pursuant to the Agreement. Verra Mobility acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during agreement is a condition of each agreement with a county, municipality, or other governmental entity or agency within the State of Florida; and c) Verra Mobility shall comply with the provJS1ons of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to rime. Ths includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Verra Mobility shall also require all subvendors/subconsultants/subcontractors to provide an affidavit attesting that it does not employ, contract with, or subcontract with, an 474 Page 16 of 34 unauthorized alien. Verra Mobility shall maintain a copy of such affidavit for the duration of the Subcontract. Verra Mobility represents, warrants, and attests that it does not employ, contract with, or subcontract with, an unauthorized alien. Verra Mobility acknowledges that if Customer has a good faith belief that Verra Mobility has violated § 448.095 Fla. Stat., Customer reserves the right to terminate the Agreement immediately. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 475 Page 17 of34 EXHIBIT A SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per camera and are as follows: Product Description Fee Fixed Speed Safety Camera System - the parties shall mutually agree on the number of Camera Systems to be installed at no costs to customer. •Example: Pursuant to Chapter 2023-174, Laws of Florida, Customer retains $60 of each $100 civil penalty paid. If 150 notices of violations arc paid and 50 Uniform Traffic Citations arc paid during the month the fee the City would pay Verra Mobility is $3,840 (200 paid Citations x $60 in Program Revenue retained by the Customer x 32%). 32% of Program Revenue retained by Customer"' Certified Mailing Fee for Uniform Traffic Citation (UTC) and Subsequent Notice Mailing Fee- certified mailing of Uniform Traffic Citation (UTC) or mailings of subsequent notices in addition to those described in Subsection 1.2.3 of EXHIBIT B, is extra and will be billed per unit as published by the US Postal Service plus a per notice per page service charge. US Postal Service prevailing rate (plus $2.00 if a subsequent notice). Service Fees: All service Fees per Camera System above includes all costs required and associated with a Camera System installation, routine maintenance, use of BOS for back-office operations and reporting, Event processing services, DMV records access, the standard set of notices as described in Subsection 1.2.3 of EXHIBIT B, lockbox and epayment processing (excluding user convenience fee, which is paid by payor and excluding any bank account set up or monthly bank account fees), IVR call center support for general Program questions and public awareness Program suppon. Verra Mobility's Fees anticipate a standard Florida BOSconfiguration and a standard suite of notices as described in Subsection 1.2.3 of EXHIBIT B. For configuration or Program customization work in excess of the standard Florida BOS configuration, Verra Mobility shall provide Customer with an hours estimate and, upon approval by Customer for the work, shall invoice Customer $200 per hour for such additional configuration or Program customization. Customer and Verra Mobility recognize the standard Florida BOS provided, or to be provided, by Vetta Mobility to Customer may need to be changed during the term of the Agreement, at Verra Mobility's sole-discretion, due to end-of-life technology, and if such change is necessary Verra Mobility shall provide the new standard Florida BOS to Customer at no additional charge, unless additional configurations or Program customization are requested by Customer then the fee for additional configuration or Program customization will apply. 476 Page 18 of 34 2.0 Optional Collection Services: In the event that Customer elects to have Verra Mobility engage a collections agency to perfonn collections services, Verra Mobility's designated collection's subcontractor may initiate collection efforts of delin9uent notices upon written request by Customer, so long as collection of said recovered revenue amounts does not conflict with applicable state law. Verra Mobility will be entitled to receive portions of the collected revenue as noted below. For those :iccounts in default that go to collection, this is in addition to Verra Mobility Fees noted in Section 1.0 above. Delin9uent Collections Services 30% of Recovered Revenue In the event that Customer elects to have Verra Mobility provide collections services, Customer shall so notify Verra Mobility in writing. Customer :igrec:s th:it, once Verra Mobility's collections services arc elected, Customer may not utilize another vendor for these collections services without prior written consent from Verra Mobility through an amendment to this Agreement, 477 Page 19of 84 EXHIBITB SCOPE OF WORK 1. VERRA MOBILITY SCOPE OF WORK 1.1 VERRA MOBILITY IMPLEMENTATION 1.1.1 Verra Mobility agrees to provide Speed Detection System(s), use of the BOS and related services to Customer as outlined in this Agreement, excluding those items identified in Section 2 titled "Customer Scope of Work". Verra Mobility and Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign the proper party the responsibility and cost for such items. In general, if work is to be performed by Customer, unless otherwise specified, Customer shall not charge Verra Mobility for the cost. 1.1.2 Customer and Verra Mobility will complete the Project Time Line within sixty (60) days of Agreement execution date, unless mutually agreed to otherwise by the parties. Verra Mobility agrees to make every effort to adhere to the Project Time Line. I. l,3 Verra Mobility will install Speed Detection System(s) at a number of Designated Safety Zones as authorized by law to be mutually agreed upon between Verra Mobility and Customer as reflected in a written Notice to Proceed. In addition to any initial Designated Safety Zones the parties may mutually agree to add additional Speed Detection System(s) or Approaches, which shall also be reflected in a written Notice to Proceed as set forth in EXHIBIT C. I.I .4 Site installation plans for fixed-site installations shall be prepared under the supervision of, approved and sealed by a Licensed professional engineer Licensed to perform engineering services in the state where the Speed Detection Systems will be installed. 1.1.5 Verra Mobility shall perform traffic/location studies and site surveys as may be desired by Customer for additional camera location consideration. l.1.6 Verra Mobility will operate each Camera System on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances, unless enforcement times are restricted by law. 1.1.7 Verra Mobility's Marketing Department will assist Customer with public information content and outreach campaign strategies ("P ublic Safety Campaign''). 1.1.8 Verra Mobility agrees to provide a secure website accessible to Owners/violators who have received notices of violation b)' means of a Notice # and PIN, which will allow Violation image and video viewing. Verra Mobility shall include a link to the payment websire(s) and shall offer the opportunity to download an affidavit of non-liability online. Verra Mobility will operate this secure website on a 24-hou.r basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances. 1.1.9 Verra Mobility will provide technician site visits to each Speed Detection System, as needed, to perform maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires; and, general system inspections and maintenance. 478 Page 20 of 3:\ 1.1.10 Verra Mobility shall take commercially reasonable best efforts to repair a non-functionalSpeed Detection System within seventy -two (72) hours (excluding weekends and holidays) of determination of a malfunction. 1.1.1 I If Customer is using Verra Mobility enabled lockbox or epayment services, Customer shall provide Verra Mobility and the applicable payment processor with the irems set forth in Section 2.1.4 below. 1.1.t 2 Verra Mobility is authorized to charge, collect and retain a service/convenience fee of up to the greater of $5.00 or to 5% of the total payment, for each payment processed through the web, call center, IVR, or other electronic means. Such fee is paid by the payor and retained by Verra Mobility. No service/convenience fee shall be charged when paid by mail. 1.1.13 Verra Mobility shall implement the Program in accordance with Chapter 2023-174, Laws of Florida, and Tampa Code Section 19-56, and as further described in the response to the RFP. 1.2 VERRA MOBILITY OPERATIONS 1.2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of th.is Agreement and the Customer's Business Rules. 1.2.2 If an educational/warning period is required, Verra Mobility shall provide Customer with a one-time educational/warningperiod up to thirty (30) days in length following the installation and activation of the fust installed Speed Detection System. Customer shall not be charged a fee for the educational/warning period; however for any educational/warning period exceeding thirty (30) days, Customer shall be responsible for the normal monthly Fee. 1.2.3 Verra Mobility shall provide Customer with access to the BOS, including image processing, and printing and mailing of up to six (6) letters/ notices per Citation in suppon of Citation issuance and escalation. Io the case of a transfer of liability by the Owner, the BOS shall be serup to mail a Citation to the driver identified in the affidavit of non-liability or identified by a rental car company. Costs of certified mailings are priced separately and paid by Customer to Verra Mobility as indicated in EXHIBIT A 1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first class or other mail means for additional compensation to Verra Mobility as agreed upon by the parties. 1.2.S Verrn Mobility shall apply an elecuonic signature, name, or badge number to the Citation as authorized in the Customer's Business Rules. 1.2.6 Verra Mobility may make non-substantive formatting or incidental changes to the Citation form without approval by Customer. 1.2.7 Verra Mobility shall seek records from vehicle registration databases reasonably accessible to Verra Mobility through its limited agent relationship with Customer and use such records to assist Customer in processing Citations. Verra Mobility may mail Citations to the address of the Owner obtained through the OMV, obtained through the National Change of Address (NCOA) database provided by the United States Postal Service, or obtained through other means including but not limited to skip tracing. Verra Mobility reserves the right to pass-through to Customer any cost increases imposed on Verra Mobility by OMV data sources. 479 Page 21of 34 1.2.8 The BOS shall provide Customer with the ability to run and print standard system reports. Verra Mobility provides a suite of standard program reporting at no charge to clients with active Programs. Upon notice to Customer, Verra Mobility reserves the right to modify the suite of standard program reporting available to Customer, so long as such change applies generally to customers with similar programs. Customized reporting services are available upon written requesL The fee for such services shall be mutually agreed upon. Verra Mobility shall provide all repons as required under the RFP. 1.2.9 Upon Verra Mobility's receipt of a written request from Customer at least fourteen (14) calendar days in advance of a court proceeding, md if required by the court or prosecutor, Verra Mobility shall provide Customer with or train a Customer provided local expert witness to testify in court on matters relating to the accuracy, cechnical operations, and effectiveness of the Camera System or the BOS until judicial notice is taken. Customer shall use its best efforts to obtain judicial notice as soon as possible. 1.2.10 Verra Mobility shall provide a help-line to assist Customer with resolving any problems encountered regarding its Speed Derection System and/or the BOS. The help-line shall function during Business Hours. Verra-Mobility shall provide services as further described in the response to the RFP. 2. CUSTOMER SCOPE OF WORK 2.1 GENERAL IMPLEMENTATION REQUIREMENTS 2.1.1 Within seven (T) business days of the Effective Date of this Agreement, Customer shall provide Verra Mobility with the name, title, mailing address, email address and phone number of all Customer stakeholders, including: o A project manager with authority to coordinate Customer responsibilities under this Agreement; o Court manager responsible for oversight of all Court-related program requirements; o The police contact; o The court contact; o The person responsible for overseeing payments by violators (might be court); o The prosecuting attorney; o The Customer attorney; o The finance contact (who receives the invoices and will be in charge of reconciliation); o The IT person for the police; o The IT person for the courts; o The public works and/or engineering contact responsible for issuing any/all permits for construction; and o Court manager responsible for oversight of all Court-related program requirements, 2.1.2 Customer and Verra Mobility shaJJ complete the Project Time Line within sixty (60) calendar days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties. Customer shall make every effort to adhere to the Project Time Line. 2.1.3 As requested from time to time by Customer, Verra Mobility will provide Customer with a mock-up of the Citation and other notices within fifteen (15) days of a completed Business Rules Questionnaire. Customer shall review the Citation and other notices to ensure conformity with the Laws applicable to Customer. Except as outlined in Section 1.2.6, Verra 480 Page 22of 34 Mobility shall not implement changes to the Citation or other notices without Customer's prior review and sign-off. Customer is responsible for the content of its Program notices, including but not limited to Citations. 2.1.4 Customer intends to utilize Verra Mobility enabled payment processing channels. Customer shall designate a Customer account for deposit / settlement of funds paid by payors. Within twenty-one (21) business days of receipt by Customer, Cust0mer shall provide Verra Mobility completed banking forms and payment processing agreements, which may include among others a Participant Agreement and Submerchant Agreement with the payment processor as well as a bank verification letter prepared by the Customer's settlement account's bank, application for payment processing, and a Form W-9, Request for Taxpayer Identification Number and Certification. A copy of the Participant Agreement, the Submerchant Agreement, and a form application for payment processing are each attached here to as EXHIBITF. 2.1 ,5 Customer shalldirect the law enforcement agency to execute the Verra Mobility DMV Services Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide verification to the National Law Enforcement Telecommunications System (NLETS) indicating that Verra Mobility is actingon behalf of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b)(1). Access to registered owner information through National Law Enforcement Telecommunications System (NLETS) requires Customer to provide Verra Mobility with a unique Customer ORI. In order to access certain state departments of motor vehicles records directly (not through NLETS), agreements or applications directly between customer and the state OMV may be required by Customer, including agreements requiring Customer to comply with certain permissible use, privacy, and security requirements of the applicable state department of motor vehicle. If required, Customer shall execute such agreements or applications with, participate in audits by, or provide certifications to state deparancnt of motor vehicles. If Customer requires Verra Mobility to access registered owner information from sources other than NLETS or direct through a state OMV, accessible to Verra Mobility at no cost, additional fees will apply. 2.1.6 Customer shall prepare, execute, update, and maintain the Business Rules for implementation and operation of the Program. Customer's failure to timely prepare the Business Rules may impact the Project Time Line or compliance of Customer's Program with applicable laws. Verra Mobility shall not be liable for Customer's failure to update and maintain the Business Rules. To the extent that there is a conflict between the Business Rules and Agreement, the Agreement shall govern. 2.1.7 Customer is responsible for notifying Verra Mobility of any local legislative and/or ordinance changes in writing within forty-eight (48) hours of the first read of the proposed legislation. Verra Mobility will not be responsible for complying with any change in applicable local law, until such time as Verra Mobility has been notified by Customer in writing of the change in Law and, if applicable, Customer's Business Rules have been updated by Customer. Except as otherwise provided for in the RFP and response to the RFP, in the event of a change in or adoption of a new Law, excluding a change in Customer's local law, which would increase the cost of Verra Mobility's provision of the Services, Verra Mobility may propose a Fee increase to Customer. If the parties cannot mutually agree on the Fee change, Verra Mobility may terminate this Agreement. In the event of a change in or adoption of a local law of Customer, which would increase the cost of Verra Mobility's provision of the Services, Verra Mobility shall provide Customer with a Fee increase consistent with Verra Mobility's increased operating cost, and Customer shall be obligated to pay such increased Fees. 481 Page 23 of 34 2.1.8 Customer is responsible for all fin:11 jurisdictional issues, including but not limited to as they pertain to issuance of Citations, adjudication of Violations, and intergovernmental authorities. 2.1.9 Once a Notice to Proceed is granted to Verra Mobility in writing, Customer shall not issue a stop work order to suspend activity on the implementation process, unless Customer reimburses Verra Mobility for costs incurred up to the date the stop work order is issued. 2.1.10 Customer will comply with all applicable Laws rel:1cing to its conduct with respect to the Program. Customer shall not use the Camera Systems, the BOS, or the data captured by the Camera Systems or provided by NLETs or OMV data source providers for any purpose not pennined by Law. 2.1.11 Once a Camera System is installed and certified by Verra Mobility as operational, it shall be immediately put into service at the next available enforcement period or as otherwise mutually agreed to by the Parties. 2.1.12 Customer shall make best efforts to process each Event in accordance with state law and/or municipality ordinances within seven (7) days of its:1ppearance in the law enforcement review queue using the BOS to determine which Events constitute Violations that will be issued as Citations. lo the event that Customer fails to timely process Events, Verra Mobility shall not be liable for failure of the BOS to allow Customer to issue a notice or Citation within statutory timeframes. 2.1.13 Io the event th:1t remote access to the BOS is blocked by Customer network security infrastructure, Customer's Department of Information Technology shall coordinate with Verra Mobility to facilitate appropriate communications while maintaining required security measures. 2.1.14 Customer shall be responsible for any reporting obligations that it has to any state or other regulatory body with respect to its operation of the Program or the payment of Citations, with the assistance of Verra Mobility as stated herein and in the response to the RFP. 2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.2.1 All Fixed Camera Systems are intended to remain installed for the duration of the Agreement. 2.2.2 Prior to the installation of any System, Customer shall provide Verra Mobility information regarding any and all road construction or improvement projects scheduled during the term of this Agreement for any Approach designated for System installation. In addition, within thirty (30) days of becoming aware of anticipated construction that may result in the deactivation or removal of a System or otherwise impact an Approach during the term of this Agreement, Customer shall notify Verra Mobility of any such construction. 2.2.3 Any signage related to the Program must be designed, built and maintained by Verra Mobility upon review and approval by the Oty's Mobility Department. Customer is responsible for determining the placement/location of signs in compliance with applicable Laws. 2.2.4 Customer shall allow Verra Mobility to access power from existing power sources at no cost. In situations where it is not possible to obtain electrical power from a pre-existing source, Customer shall bear the costs (or reimburse Verra Mobility) for obtaining/routing power. When access to power facilities is not under the jurisdiction of Customer, it shall be 482 Page24 or 34 Customer's responsibility to negotiate any necessary agreements with the owner or maintaining agency of the power facility and infrastructure in order to provide required access to said power facilities and infrastructure. Any costs associated with the needed agreements shall be funded by Customer. 2.2.5 Customer, or any department of Customer, shall not charge Verra Mobility or its subconttactor(s) for building, construction, electrical, street use and/or pole attachment permits, including any fee for traffic control services and permits during installation or maintenance of a System. Customer shall also apply for, when in Customer's name, or coordinate the application for, when in the name of a Customer agency, school, or school district, and fund any and all needed state, local, and/or county permits, including any traffic control permits. 2.2.6 Verra Mobility shall follow all appropriate permitting processes. 2.2.7 If required by the submitted design plan for proper operation, Customer shall allow Verra Mobility to install vehicle detection sensors in the pavement of roadways within Customer's jurisdiction. Customer shall provide its best efforts to aid in acquiring any and all required permission and permits when the roadway is under the jurisdiction of the state or county. 2.2.8 Customer shall allow Verra Mobility to build Infrastructure into any existing Customer-owned easement. 2.2.9 Jf use of private property right-of-way is needed, Customer shall assist Verra Mobility in acquiring permission to build in existing utility easements as necessary. Any costs for private property right-of-way lease/rental costs shall be borne by Customer as it is expressly excluded from the base fee structure identified in the fee schedule. 2.2.10 Customer shall be responsible for the performance of any engineering or traffic safety studies as may be desired by Customer or required by laws applicable to Customer. 2.3 COURTS OPERATIONS 2.3.1 Customer is responsible for the prosecution and adjudication of Citations in accordance with all applicable Laws. 2.3.2 Customer shall provide a judge or hearing officer and coun facilities to schedule and hear disputed Citations. 2.3.3 Customer shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes and other issues relating to Citation adjudication. 2.3.4 Verra Mobility shall provide Customer with access to its online BOS adjudication processing module which will enable the adjudication function to review cases, related images, and other rdated information required to adjudicate disputed Citations. If instead of using the online adjudication processing module in the BOS, Customer desires to integrate Verra Mobility data into its adjudication system, subject to feasibility, Verra Mobility shall provide a court interface. Verra Mobility shall provide a price proposal to Customer for the development of any such court interface. 483 Page 25 of34 2.3.5 Customer is responsjble for entering aU final dispositions of disputed Citations (not including UTC's) heard by a magistrate including all Citation payments due into the BOS, either directly through the online adjudication processing module or through the court interface. 3. ADDITIONAL SERVICES 3.1 ENHANCED VIDEO SERVICES 3.1.1 If authorized by law, Verra Mobility shall provide video enhancements that permit Customer to perform remote video retrieval, at each fixed Approach ("Enhanced Video Services"), known as Verra Mobility LlveTM. Customer is responsible for and will pay for any of its data storage costs or other usage-based costs that it may incur in connection with its use of the Enhanced Video Services. Customer agrees to comply with all Laws with respect to its access to and use of the Enhanced Video Services, including without limitation any Laws relating to data privacy or photo enforcement. 3.1.2 Customer expressly acknowledges that Verra Mobility is under no obligation to retain for any period of time any data produced by the Enhanced Video Services. Customer acknowledges that once it obtains a requested video file, it is responsible for any preservation, and associated storage requfrements that may be requfred by Law for the video file. Customer agrees that since the requested video file is not requfred by Verra Mobility to continue to perform the services under the Agreement, the video file and any resulting public records shall be transferred to the Customer prior to the termination of the Agreement and the Customer shall serve as the records custodian for any public records created. Customer agrees to assume responsibility to respond to, and if appropriate defend, at its sole expense, any requests for data or information obtained through the Enhanced Video Services, whether hr formal public records request or otherwise. Verra Mobility shall not be responsible for any storage, storage costs or public records requests pertaining to the historical video obtained through the Enhanced Video Services or the provision of access to the Enhanced Video Services to anyone other than Customer. 3.1.3 Customer hereby agrees to indemnify and defend Verra Mobility Parties to the fullest extent permitted by applicable Law against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related to: (a) Customer's use of the Enhanced Video Services; (b) Customer's misuse of or failure to maintain the security of the data access through the Enhanced Video Services; {c) Customer's violation of any Laws; and (d) any breach of this Agreement by Customer related to Customer's use of the Enhanced Video Services. 3.1.4 Customer agrees the Enhanced Video Services shall be subject to the following: (t) rustorical video is stored at the Camera site for a time period of approximately 30 days; (ii) requested video files pursuant to the Enhanced Video Services will be available for Customer download within I business day of request and will be available for retrieval for approximately 30 days; (iii) video file requests from rustorical video are limited to 30 minutes; if additional footage is required, additional requests may be made by Customer. 3.2 AUTOMATIC LICENSE PLATE RECOGNITION INTERFACE SOLUTION 3.2.1 If authorized by Law, in cooperation with the Customer's current ALPR provider, Verra Mobility will configure the Fixed Speed Safety Camera System to interface with the Customer's ALPR provider's back-office solution (referred to herein as "ALPR Interface Solution''). 484 Page26 of34 3.2.2 Customer will comply with all applicable Laws, including without I.mutation to the extent applicable Criminal Justice Information Services (CJIS) reqwements, any Laws relating to data privacy, or any Laws applicable its conduct with respect to the ALPR Interface Solution. 3.2.3 Customer acknowledges that the ALPR Interface Solution includes intellectual property owned by Verra Mobiliry and no ownership rights to the intellectual property are transferred to Customer by this Agreement. Customer shall not: (a) decompile, disassemble, or otherwise reverse engineer the ALPR Interface Solution or artempt to reconstruct or discover any source code, underlying algorithms, file formats or programming interfaces of the ALPR Interface Solution by any means whatsoever (except and only to the extent that applicable Law prohibits or restricts reverse engineering restrictions); (b) remove any product identification, proprietary, copyright or other notices contained in the ALPR Interface Solution; or (c) modify any part of the ALPR Interface Solution, create a derivative work of any part of the ALPR [nterface Solution, or incorporate any part of the ALPR Interface Solution into or with other software, except to the extent expressly authorized in writing by Verra Mobiliry, including through other agreements between the parties. 3.2.4 Customer shall provide Verra Mobility with copies of any Customer policies pertaining to its use of the ALPR Interface Solution, which are applicable to Verra Mobility. Verra Mobility shall be afforded a reasonable opportunity to review such policies and will notify Customer if there are any additional Fees associated with compliance to the policies. 3.2.5 Verra Mobiliry will collaborate with Customer on a mutually agreeable project schedule outlining all of the milestones required to implement the ALPR Interface Solution. 3.2.6 Notwithstandinganything else to the contrary in this Agreement, Customer agrees that Customer is solely responsible for the housing and security of all data provided through the ALPR Interface Solution. Customer expressly acknowledges that Verra Mobiliry is under no obligation to retain for any period of time any data produced by the ALPR Interface Solution. Customer acknowledges that foe the ALPR Interface Solution data, it is responsible for any preservation, and associated storage reqwements that may be reqwed by Law. Customer agrees to assume responsibility to respond to, and if appropriate defend, at its sole expense, any requests for ALPR Interface Solution data obtained through the ALPR Interface Solution, whether by formal public records request or otherwise. 3.2.7 The Customer will provide the necessary IT staff and resources necessary to assist Verra Mobility, and the Customer's ALPR provider, with the implementation of the ALPR Interface Solution. 3.2.8 Any additional hardware, software, licensing, resources, instalfation, support and maintenance reqwed to make the provided ALPR Interface Solution compatible and compliant with Customer IT, security, privacy, compliance, or other requirements are the responsibility of Customer. 3.2.9 Customer shall notify Verra Mobility within twenty-four (24) hours of detecting any performance issues with the ALPR Interface Solution. 3.2.10 Upon the termination of the Agreement between Verra Mobility and the Customer, Verra Mobility shall have no further obligations to Customer regarding the ALPR Interface Solution. 3.2.11 Under all circumstances, Verra Mobility shall retain ownership of the ALPR Interface Solution provided for use by Customer under the terms and conditions of this Agreement. Verra Mobility shall retain the ownership rights to all metadata, business intelligence, or other analytics obtained, gathered, or mined by Verra Mobility from the data captured by the ALPR Interface Solution. Furthermore, Verra Mobility has the right to use non-personalized and aggregated ALPR Interface Solution data for its internal business purposes, analytics , statistical analysis, and to perform analyses which would further Customer's program. 485 Page27 of34 3.2.12 Customer hereby agrees to indemnify and defend Verra Mobility Parties to the fullest extent permitted by applicable Law against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related to: (a) Customer's use of the ALPR Interface Solution, (b) Customer's misuse of or failure to maintain the security of ALPR Interface Solution data in its possession; (c) Customer's violation of any Laws; (d) Customer's misuse or misappropriation of a Verra Mobility products or services; and (e) any breach of this Agreement by Customer related to Customer's use of the ALPR Interface Solution, or ALPR Interface Solution Data. 3.2.13 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE PARTIES ACKNOWLEDGE THAT THE ALPR INTERFACE SOLUTION AND RELATED SERVICES ARE PROVIDED BY VERRA MOBILITY "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND VERRA MOBILITY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES RELATING TO THE ALPR INTERFACE SOLUTION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 486 EXHIBITC FORM OF NOTICE TO PROCEED Reference is made to the Professional Services Agreement by and between American Traffic Solutions, Inc., doing business as Verra Mobility ("Verra Mobility") and The City of Tampa, FL ("Customer"), dared as of [date] (the "Agreement''). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates this implementation of Systems at the Approaches listed below. Verra Mobility shall make its best efforts to install a System within sixty (60) days of permits being granted and power delivered for each agreed-upon Approach, providing that Customer has received permission for all implementations in writing from any third-party sources. Below is a list of Approaches provided by Customer, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a System would increase public safety. Execution of this Notice to Proceed by Customer shall serve as authorization for the installation of Systems for all Approaches designated as follows: Appioach (Dlrcction and Roadway) Type of Enforcement Camera System Solunon (# of Cameras per Approach) Customer understands that tmplementation and installaoon of any Approach is subject to Site Selection Analysis and engineering results. Customer recognizes the substantial upfront costs Vcrra Mobility will incur to construct and install the Systems for the above listed Approaches. Customer agrees that the Systems authorized by this Notice to Proceed for the above-listed Approaches shall remain installed and operational for the duration of the current teem of the Agreement. Verra Mobility reserves the right to bill Customer for any upfront costs associated with the Approaches listed above in the event Customer elects to cancel or suspend the installation. IN \VITNESS WHEREOF, Customer has executed this Notice to Proceed as of the date written below. CITY OFT AMPA, FLORIDA By: Name: Title: Date ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. By: Name: Title: Dace 487 EXHIBITD Page 29 of 34 DMV SERVICES SUBSCRIBER AUTHORIZATION DATE:. Frank L. Minke, Executive Director/CEO National Law Enforcement Telecommunications System, Inc. (NLETS) 1918 W. Whispering Wind Drive Phoenix, AZ 85085 Dear Mr. Minice: Re: Authorization for ORI Code: T hT aempa Police Department authorizes The City of Tampa, Florida to use the Tampa Police Department ORI for the limited purpose of obtaining vehicle registration information through NLETS. This letter acknowledges that a contract to perform automated enforcement between The City of Tampa, Florida and American Traffic Solutions, Inc., is in force. As a requirement of and in performance of that contract between The Ciry of Tampa, Florida and American Traffic Solutions, Inc., it will be necessary for American Traffic Solutions, Inc. to access Nlets for motor vehicle data on our agency's behalf. C8J This program will operate within the Axsis environment under parmer ORI FL0061200. Please accept this letter as authorization from the Tampa Police Department for American Traffic Solutions, Inc. to run motor vehicle inquires for this purpose. This authorization will automatically expire upon the termination of the contract between The City of Tampa, Florida and American Traffic Solutions, Inc. and such authorization is limited to violations detected by the automated enforcement camera systems. By completing the information below and signing this letter, I am stating that I am a member of and have the authority to extend this authorization on behalf of the Tampa Police Department. SUBSCRIBER INFORMATION Subscriber Agency/Name Nlets Agency ORI Name/Title of Authorized Representative Mailing Address Telephone Email Signature of Authorized Representative Date Signed Fax 488 EXHIBITE Page 30 of 34 RETENTION SCHEDULE*** [Thir schedule to be completed l!J Customer in coftfarmity with their applicable slate and locallaw prior to execution of the Agmment.] Tvne nt a..:.--J ... V..rra a• • - . Period Violation Images* (including video clips and related metadata) Non-Violation Images (including video clips and related metadata)** Warning Notice Images (including video clips and related metadata) Individually Identifiable Vio lation Records* Individually Identifiable Non-Violation Records- Audio recording from contact center Written correspondence with citizens regarding Violations Camera System Calibration/Certification Records Maintenance Records Other Proirram Records 3 months from Final Disposition 30 days from Event capture date 3 months from Final Disposition 3 months from Final Disposition 30 days from Event capture date 90 days from call 1 year from date of correspondence 60 months from Final Disposition of an applicable Violation 60 months from Final Disposition of an applicable Violation 5 years from termination of the Al!teement Violation Image: an image of a Violation issued as a Citation. Individually Identifiable Violation Records: a record containing individually identifiable information pertaining to a Violation issued as a Citation. Non-Violation Image: an image of an Event not issued as a Citation. Individually Identifiable Non-Vi<:>lation Records: a record containing individually identifiable information pertaining to an Event not issued as a Citation. Retention period is not applicable upon termination of the Agreement and the d:1ta is provided to Customer pursuant to Section 15 of the Agreement. This records retention schedule does not apply to any Event data captured by the Camera System, but not uploaded into BOS. For the avoidance of doubt, this records retention schedule does not apply to any records related to any Pilot Data. 489 Page31of 34 EXHIBITF FORM PARTICIPANT AGREEMENT. SUBMERCHANT AGREEMENT. AND PAYMENT PROCESSING APPLICATION Attached under sg,arate cover andfuJ/y inco!Jlorated herein. 490 Page32of 34 EXHIBITG FORM CUSTOMER REFERENCE CONSENT CITY OF TAMPA, FLORIDA 450 N. Wilson Avenue Tampa, FL 33830 RE: Consent to Use as Reference Dear: [Customer Contact], Verra Mobility values the relationship that 1t has with City ofTampa, FL. We have appreciated the willingness of City to serve as a reference to Verra Mobility when we are asked by other prospective customers to provide a reference. If you are willing to serve as a reference for Verra Mobility, please countersign below, indicate the length of time that the City's consent is valid, and provide the name, title, address, telephone number, and email address of the party(ies) we may provide as a reference. By countersigning below, you are agreeing that Verra Mobility may (i) list the City as a reference in its future proposals to prospective customers ("Proposals''); (ii) describe the products and services that Verra Mobilfry provide5 to the City in our Proposals; and (iii) rely on this Consent for so long as the Consent is valid. We appreciate your partnership in enabling us to bring safety solutions to other communities, Sincerely, Jason Amerson, Contracts Manager cc: Placido Diaz 491 Page !33 of 34 Consent Provided By: CITY OF TAMPA, FLORIDA Signed: Name: Title: Date of Signature: Consent Valid: D Until revoked in writing by sending such revocation to: Verra Mobility 1150 N. Alma School Road Mesa, AZ 85201 Attn: Government Solutions Contracts Management D For the remainder of the City's Contract and any executed renewals D For 1 Year from the Date of this Consent D For a specific stated proposal or project only:. Customer Contact(s): Name: Title: Address: _ Telephone Number:. Email Address: Name: Title: Address: Telephone Number:. Email Address:. _ 492 Page 34of 34 EXHIBIT1 CITY OF TAMPA INSURANCE REQUIREMENTS Attached under separate cover and fullyinco{JZOratedherein. 493 EXHIBIT 1 - OTY OFTAMPA INSURANCE REQUIREMENTS Prior tocommencing any wor1< or services or taking ocrupancy under that certain written agreement or award (for purposes of this document, Agreement) between the Oty of Tampa, Florida (City) and Flrm/Awardee/Successful Proposer/Contractor/Consultant/Lessee/non -Cityparty, etc. (for purposes of this dorument, Firm) to which this document is attached andincorporated asanExhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, andmaintain Insurance against dalms which may arise from or In connection with the performance of the Agreement (indudlng without limitation occupancy and/or use of certain property/premises) by Firm, Its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term indudes sub-a:>nsultants,as applicable) of any tier subject to theterms and conditions of this document. Should at any time Arm not maintain theInsurance coverages required, Oty at Its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, lnduding withoutlimitation Firm's obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response to a potential daim, litigation, etc. Thefollowing mverages are required: C'M"indicates million(s), for example $1M is $1,000,000) A. Commercial GeneralUabHity {CGL)Insuranceon the most current Insurance Services Office (ISO) Form CG 00 01 or itsequivalent on an "occurrence" basis (Modified Occurrence or Oaims Made forms are not acceptable without prior written consent of the Oty). Coverage must be provided to cover liability contemplated by the Agreement lnduding without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-Insureds. Products and completed operations liability coverage maintained for atleast 3 years after completion of work. Umlts shall not be less than $1M per occunence and $2M general aggregate for Agreements valued at $2M or less; If valued over $2M, a general aggregate limit that equals or exceeds the Agreement's value. If a general aggregate limit applies, It shall apply separately to the project/location(ISO CG 25 03 or 25 04 or equivalent). B. Automobile UabHlty {AL}Insurance In accordance withFlorida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehldes. AL Insurance shall not be less than: (a) $500,000 combined single limit each occun-ence bodily Injury and property damage for Agreements valued at $100,000 or less or (b) $1M mmbined single llmit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportationof hazardous material involved, the MCS-90 endorsement (or equivalent). c. Wortcer's Compensation {WC} & Employer's UabHlty Insurance for all employees engaged under the Agreement, Wor1<er's Compensation as required by Florida law. Employer's Liability with minimum limits of (a) $500,000 bodily injury by accident and eachaccident, bodily injury by disease policy limit,and bodily Injury bydisease eachemployee for Agreements valued at $100,000 and under or (b) $1M bodily Injury by accident and each accident, bodily Injury by disease pollcy limit, and bodily Injury by disease each for all other Agreements. D. Excess {Umbrella) LiabHity Insurance for Agreements valued at $2M or more, at least $4M per occurrence In excess of underlying limits and no more restrictive than underlying coverage for all work performed by Arm. May also compensate for a deficiency In CGL, AL, or WC. E. PtQfessional UabHity Insurance where Agreement involves Florida-regulated professional services (e.g. architect, engineer, design-builder, CM, accountant, appraiser, Investment banker medic.al professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g. construction means & methods, design supervision), value engineering, oonstructabllity assessments/reviews, BIM process, and/or performance specifications. Limits of least $1M per occurrence and $2M aggregate; deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City's acceptance of same. 494 F. Cyber UabjHty Insurance where Agreement involves portals allowing access to obtain, use, or store data; managed dedicated servers; doud hosting services; software/hardware; programming; and/or other IT services and products are involved. Limits of not less than $2M per occurrence and $2M aggregate. Coverage sufficiently broad to respond to duties and obligations undertaken by Arm, and shall lndude, but not be limited to, daims Involving infringement of intellectual property/copyright, trademark, trade dress, Invasion of privacy violations, damage to or destruction of electronic information, Information theft, release of confidential and/or private Information, alteration of electronic Information, extortion, virus transmission, and network security. Coverage, as applicable and with sufficient limits to respond, for breach response costs, regulatory fines and penalties, aedit monitoring expenses. Firm affirmatively states that the Insurance requirements as set forth above are of adequate types and amounts of Insurance coverage for any type of claim/loss for the proposed work or services. ACCEPTABILITY OFINSURERS - Insurance is to be placed with insurers admitted In the State of Aorida and who have a current A.M. Best rating of no less than A-: VII or, if not rated by A.M. Best,as otherwise approved by the Gty in advance and in writing. ADDITTONAL INSURED - Oty, its elected officials, departments, officers, officials, and employees shall becovered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of wor1< or operations perfonned by or onbehalf of Arm indudlng materials, parts, or equipment furnished In connection with such work or operations and automobiles owned, leased, hired, or borrowed by or onbehalf of Flrm. Coverage can be provided in the form of an endorsement to Arm's insurance (at least as broad as ISO Form CG 20 10 11 85 or� CG 10 20, CG 20 26, CG 20 33, or CG 20 38 A!HlCG 20 37 if later revisions used). CANCELLATION/NON-RENEWAL - Each insurance policy shall provide that at least 30days written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days' notice for non-payment of premium. Finn shall also have an independent duty to notify City in llke manner, within 5 business days of Firm's receipt fromIts insurer of any notices of same. If any policy's aggregate limit Is reduced, Arm shalldirectly take steps to have It reinstated. Notice andproof of renewal/continuedcoverage/certifications, etc. shall besent to the Oty's notice (or Award contact) address as stated In theAgreement withacopy to the following: [8J Purchasing Department, 306 E Jackson Street, Tampa, FL 33602 [8J Other: Oty ofTampa Insurance Compliance cJo Eblx BPO. PO Box 100085- ZS, Duluth. GA 30096 CERTIFICATE OF INSURANCE econ AND ENDORSEMENTS - to be provided to Oty by Insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal cor at least 30 days before expiration to the above address(es). COis shall specifically Identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to ensure Gty(named as additional insured) and Arm and tocertify thatcoverage extends tosubcontractors' acts or omissions, and as to permit the Oty to determine the required coverages areIn place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida. CLAIMS MADE - If any liability Insurance is issued on a daims made form, Flrm agrees to maintain such coverage uninterrupted for at least 3 years following completion andacceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and bea date not later than the earlier of the Agreement date or the dateperformance/occupancy began thereunder. DEDUCTIBLES/ SELF-INSURED RETENTIONS CSIR) - must bedisclosed to Oty and, if over $500,000, approved by the GtyIn advance andIn writing, lnduding at Oty's option being guaranteed, reduced, or eliminated (additionally if anSIR provides a financial guarantee guaranteeing payment of losses and related Investigations, dalm administration,and defense expenses). The firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or beendorsed to provide that theSIRmay besatisfied by either theOty or named insured). In the event of loss which would have been covered but for a deductible or SIR, Oty may withhold from any payment due Firm, under any agreement with the Gty, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE - All Insurance policies shall be fully performable in HIiisborough County, Florida (the County), and construed In accordance with Florida law. Further, all Insurance policies must expressly state that theInsurance company will accept service ofprocess In theCounty andthat the exdusive venue for any action concerning any matter under those 495 policies shall be in the appropriate state court of the County. PRIMARY POUCIES - Arm's insurance roverage shall be primary Insurance roverage at least as broad as rso CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees. Any insurance or self-Insurance maintained by the Qty, Its elected officials, departments, officers, and employees shall be in excess of the Arm's insurance and shall not contribute with it. UNAVAILABILITY- To the fullest extent permitted by law, if Arm Isoutof business or otherwise unavailable at the time a daim is presented to Qty, Firm hereby assigns to the City all of its right, titie and Interest (but not any liabilities or obligations) under any applicable policies of insurance. WAIVER OF SUBROGATION - With regard to any policy of Insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any Insurer of Arm may acquire against the City by virtue of the payment of any loss under such insurance. The firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. REVISED 3/13/2020 496 ct-t Gb�zce£L AFFIDAVIT OF COMPLIANCE WITH FOREIGN COUNTRIES OF CONCERN PURSUANT TO SECTION 287.138, Florida Statutes (2023) The undersigned, on behalf of the entity listed below ("entity"), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source:§ 287.138(2)(a), Florida Statutes.) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes.) 3. Entity is not organized under the laws of, and does not have a principal place of business in a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes.) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. 5. The undersigned further sayeth naught. Date: ju!V( \D r a@� Entity:-!yu(l(!ce:1\'i.ffie �vl)\JY\.5 rJ:r»-/ Vbf'17A mo\nt Title: "oJP fuv«Y)(bet!\ 2?)\ul16}{5 STATEOFN.{UW\{J COUNTY OF \-W..f..t.� SWORN to (or affirmed) and subscribed before me, by means oN;6 physical presence or□ online notarization, this \Q day of Jul� , 20�by ,JNI1».\t\w\Y\I asfli;: ctn{ilYY)lV[ %ziv:h@, who is personally known to me or who has produced lm'<£ WCU/l¼ as identification. [AFFIX NOTARY SEAL/STAMP] Signature �f Notary{ Name: ('�l(,<!J{\l\� hA . (Print or Type Name) Notary Public: State of Flo��_,,_ My Commission Expires� #USBBZFVZOD4PTXvl DEAL My Commlaalon Expires Auau1t O1, 2025 1 497 COERCION FOR LABOR OR SERVICES ATTESTATION Pursuant to Section 787.06(13), F.S., this form must be completed by an officer or representative of a nongovernmental entity when a contract is executed, renewed, or extended between the nongovernmental entity and a governmental entity. (name of entity) does not use coercion for labor or services as defined in this Section 787.06, F.S. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: ����� ----------- Title: DJ'Y, Pl:wer (W\l((f �\IJntM.6 Date: ck,\'i \12,�t».'f 498 Purchasing Department DeAnna Faggart, NIGP-CPP, CPPO, Director 2555 East Hanna Ave Tampa, Florida 33610 Office (813) 274-8351 Fax: (813) 274-8355 MARCH 7, 2024 REQUEST FOR PROPOSALS (RFP) Sealed proposals for AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT. RFP #61122923 will be received by the Director of Purchasing, City of Tampa, until 3:00 PM APRIL 5. 2024; then to be opened. A PRE-PROPOSAL CONFERENCE will be held at 10:00 AM. MARCH 22. 2024. the Purchasing Department, 2nd Floor, 2555 East Hanna Avenue, Tampa Florida 33610 to discuss the above referenced subject. The purpose of this conference is to answer questions that may arise from the RFP documents. PLEASE BRING A COPY OFTHERFP TO THE PRE-PROPOSAL CONFERENCE. In accordance with the Americans with Disabilities Act ("ADA'1 and Section 286.26, Florida Statutes, persons with disabilities needing a reasonable accommodation to participate in these public hearings or meetings should contact theCity ofTampa's ADA Coordinator at least 48 hours prior to the proceeding. The ADA Coordinator may be contacted by phone at 813-274-3964, email at TampaADA@tampaqov.net, or by submitting an ADA - Accommodations Request online form available at https://tampaqov.net/ADARequest "Pleasenote that the City of Tampa may not be able to accommodate any request received less than 48 hours before the scheduled hearing or meeting. Attached are important instructions and specificationsregarding responses to this Request for Proposals. Failure to follow these instructions may result in Proposer's disqualification. Questions regarding Vendor Registration, accessing RFP documents or submission assistance within the GetAII system shall be emailed to support@getall.com. Reference RFP # and name in email subject line. Questions pertaining to the RFP document/specifications will be accepted up to ten days prior to the scheduled opening date and time and shall be submitted within the GetAII system. Per the Oty of Tampa's Communication Policy during any solicitation period induding any protest and/or appeal, there should be no contact with Oty officials or employees, other than the Analyst, the Director of Purchasing or the Legal Department, permitted from any Proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. Proposals shall be accepted no later than the time and date specified above. The RFP Opening shall be thereafter and published on GETALL. All proposals received after the due date and time shall be rejected. Offers by mail, hand delivery or express mail, telephone, email or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the GETALL system. No file shall have a special character. No proposal may be withdrawn or modified after the time fixed for the opening of proposals. Electronic submittals shall be performed in the GetAII system via link https://erfp.integratise.com/getall/registration initial tmp.asp?c=&p=61122923&d=04/05/2024 To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Proposer submit their documents with adequate time allowed prior to the deadline. Proposer shall receive an email confirmation of their proposal submittal after clicking on the Confirm Bid button In the GetAII system. The Proposer shall be responsible for confirming that their submittal is received by the deadline. Any submittal received after the closing date and time will not be considered. tampa.gov 11TFMJ12a1oossKsv3 499 2 INSTRUCTIONS TO PROPOSERS City of Tampa solicitations are issued electronically via GetAll's system. Obtaining solicitations through GetAII will ensure that proposers will have the following capabilities: receipt of solicitation documents electronically, track the status of solicitation award activity, receive addenda, receive the results of solicitation awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than GetAII are cautioned that the solicitation packages may be incomplete. The City will not accept incomplete proposals. Contact GetAII at support@getall.com for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the GetAII system. GetAII has no affiliation with the City of Tampa other than as a service that facilitates communication and solicitation submittals between the City and its proposers. GetAII is an independent entity and is not an agent or representative of the City, Communications to GetAII does not constitute communications to the City. Contact GetAII at support@getall.com for more information. Proposers discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFP, shall immediately notify the City of such error in writing and request modification or clarification of the RFP within the GetAII system. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who received an original RFP from GetAII (those who are on the Plan Holders List). Addenda will be posted and disseminated by GetAII at least five business days prior to this RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the offer or it shall be deemed waived. Tabulations (results) will be posted in the GetAII system and made available to proposers after the scheduled public opening of the sealed proposals. The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. The Proposer is expected to carefully examine the entire solicitation package, including but not limited to all the provisions, terms, and conditions. Failure to do so will be at the Proposer's risk. THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK 500 3 TABLE OF CONTENTS SECTION I. SECTION II. SECTION III. SECTION IV. ATTACHMENT A. ATTACHMENT B. ATTACHMENT C. ATTACHMENT D. SCOPE OF SERVICES GENERALCONDffiONS PROPOSER'S AFFIDAVIT AND PROPOSAL SIGNATURE FORMS SUB-CONTRACTING FORMS AND PAYMENT FORM PROPOSAL SUBMITTAL CHECK LIST PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION CONFLICT OF INTEREST DISCLOSURE FORM GOVERNMENT PURCHASING COUNCIL (GPC) LISTINGS 501 4 SECTION I. SCOPE OF SERVICES 1. INTRODUCTION The City of Tampa (" City") is soliciting proposals from qualified service providers to provide Automated Speed Detection School Zone Safety Enforcement, specifically a photo speed capture system, to Include all processing, mailing, and backend management services. The service provider will provide and place or install automated school zone speed detection safety camera system equipment on designated roads/school zones within the City of Tampa. The service provider will work with the City of Tampa to deploy speed detection systems at approved school zone locations and will provide traffic/location studies of future locations as requested by the City in a manner approved by the City. After initial locations for the program are deployed In accordance with an Ordinance passed by the City identifying the approved school zone speed detection system locations, additional locations may be determined by the City during the term of the contract with the assistance of traffic/location studies and/or other data provided by the contracted service provider which establishes a heightened safety risks at a school zone. The aforementioned speed detection system, including any preliminary and/or future traffic/location studies, certificate approvals, system training, camera and installation, proper signage and installation, notices, mailings, back-office processing of violations, support services, customer service, hardware or software upgrades, and any system maintenance, will be cost-neutral to the City of Tampa. All equipment and the materials for violation processing shall be obtained, installed and maintained according to Federal, State, and Local Laws. The contracted service provider shall include all hardware, software, installation, maintenance, operation, and all back-office processing of violations as specified herein. The contracted service provider shall provide all customer service support to include monitored phone and e-mail in order to answer customer questions. Tampa Police Department officers will review all potential violations that meet specified criteria and make the final determination as to whether or not a violation exists. Upon determination that a violation exists, a Notice of Violation will be issued to the registered owner of the vehicle. Failure to request a hearing, submit an affidavit, or pay the violation will result in a citation being issued. 2. DEFINITIONS "Otation" means a "Uniform Traffic Citation (UTC)". Acitation shallinclude all required Information as provided under Florida Statute sections 316.1896 and 316.650 andbe sent in the manner and within the time frame provided. "Notice of Violation (NOV)" means a notice issued to the registered owner or co-owner of a motor vehicle for a violation, or to the person properly identified In an affidavit as having care, custody, or control of the motor vehicle at the time of the violation. A Notice of Violation shall include all required information as provided under Florida Statute section 316.1896 and besent in the manner and within the time frame provided. "Speed detection system (SOS)" shall mean thesame thingas provided under Florida Statute Sections 316.008 and316.1906 and rneans a portable or fixed automated system used todetect a motor vehicle's speed using radar or LiOAR and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limitIn force at the time of the violation. The City however is seeking an SOS that captures both photo and video. A speed detection system is exempt from the design requirements for radar or LiDAR units established by the Florida Department of Highway Safety and Motor Vehicles. A speed detection system must have the ability to perform self-tests as to Its detection accuracy. The system must perform a self-test at least once every 30 days. Unless otherwise agreed to be completed by Tampa Police Department In writing, the Successful Proposer shall maintain a log of the resultsof the system's self-tests and shall also perform an independent calibration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police Department for use in any hearing asauthorized under Florida Statute Section 316.1906. "Violation" means a violation of Florida Statute Sections 316.1895 or 316.183, as may be amended, as authorized under Florida Statute Section 316.008(9). 502 5 3. GOAL The goal of the City of Tampa School Zone Safety Enforcement Program ("the Program") is to significantly increase safety through awareness and enforcement of speed limits within Oty school speed zones through automated speed enforcement of those limits. In accordance with chapter 2023-174, Laws of Florida, the system will monitor, detect, and record speed violations within designated school zones, thereby increasing vehicle and or pedestrian safety. This program supports the City of Tampa's goal to eliminate fatalities and life- altering injuries on our roadway network by implementing key recommendations of the City's Vision Zero Action Plan by prioritizing safety near schools. 4. OBJECTIVES The City desires toIncrease safety around school zones through use of speed detection systems as defined in section 163.003(83), Florida Statutes. The City seeks proposals which establish the experience, capabilities, customer service and support, and data driven analysis and reports studying the Impacts of present and future speed zone roadway sites. The City seeks assurance of a proven track record for the proposed services; high degree of dependability, reliability, and accuracy; cost effectiveness; responsiveness; and financial solvency. Emphasis should be placed on the completeness of services offered and the clarity of content. This Request for Proposal ("RFP'') intends to select a solution provider that delivers the best overall value to the Tampa Police Department and the City of Tampa, considering the evaluation factors in this RFP. 5. PROJECT REQUIREMENTS Proposer is to submit written proposals presenting the proposer's qualifications and understanding of the services provided. Specifically, the proposer should provide thorough responses to ensure the proposer fully understands and can implement chapter 2023-174, Laws of Florida. The proposer's submission should provide all the information that it considers pertinent to its qualifications, and which responds to the specifications and evaluation criteria listed herein. Successful Proposer shall provide and install all equipment including, without limitation, poles, cabinets and related operational equipment at the selected school speed zone locations in compliance with all state, federal and local regulations. The Successful Proposer will be responsible for all pennfts (Including FDOT for state road right of ways within the City), site design, construction, installation and maintenance of the equipment. The Successful Proposer will be required to provide appropriate slgnage for all intersection approaches. Successful Proposer will be required to have separate electrical meters for all equipment on all roadways at its own expense. Successful Proposer assumes all risk for direct or indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, or operation under the contracted work, until acceptance of the work by the City. Successful Proposer agrees that prior to the expiration of the agreement/contract to deliver to the City all data required by the City to continue processing outstanding violations and data owned by the City under the agreement/contract. The data must be provided in a format that is usable by the City. If data is in a proprietary format the successful Proposer must provide the software necessary to view, extract and utilize the data. The following items are required for the project and the Proposer must provide details on their proposed solution to meet the following requirements: 5.1 Speed detection technology to include: calibration Method; Ability to perform self-tests; Documentation of proper operation on a scheduled basis; and Evidential documentation on a citation indicating the vehicle being cited for speeding is the vehicle captured by the speed detection system. 503 6 5.1.1 Explain why the Proposer's speed detection technology is the best solution for the City. 5.1.2 Provide a list, with photos and dimensions, of all major equipment for the SDS (cameras, flash or lighting units, cabinets that will be installed under this contract (including generally what the cabinets contain), that will be installed. Strong preference will be given to SOS that do not require additional cabinetry aside from that which houses the cameras. All SDS must be non-intrusive to roadway or transportation signal cabinetry. Only equipment that is fully operational at the date/time proposals are accepted will be considered as part of this contract award. No prototype equipment or equipment not currently In operation will be accepted. 5.1.3 Does the SOS at any time photograph or image the driver of the vehicle? 5.1.4 The SDS must provide at least two (2) digital color still images of each violating event. The images must be taken so that the rear of the vehicle and license plate are captured. The first image shall capture the vehicle within the area of the designated school speed zone at the time of the speed capture. The second image shall depict a close up of the license plate. 5.1.5 The camera system shall record data pertinent to each violation at the time of capture. 5.1.6 The SOS should be capable of monitoring up to four (4) traffic lanes at once. Describe the SDS ability to accurately capture violations at approaches with up to four (4) lanes in one direction. 5.2 Traffic/location studies In an effort to determine the need for additional automated speed enforcement cameras within school zone roadways. Please provide examples. 5.3 Enforcement of applicable speed limits on a roadway properly maintained as a school zone in accordance with Florida State Statute section 316.008(9)(a). 5.4 Collecting, aggregating, and comparing all traffic data in school speed zones in such a manner that traffic studies can be conducted in near real time. 5.5 Initial public notice documents/media for the purposes of public education in cooperation with the City of Tampa, the Hillsborough School District and the Tampa Police Department. The agency's goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. 5.6 Public information and education plan in detail, including outreach efforts to the community and the goals the effort deems to achieve in compliance with section 316.0776, Florida Statutes. 5.7 The timeline of a public information and education plan for the first year of an automated school zone enforcement program. 5.8 The stakeholders included in the public fnformation and education plan and how each is utilized to communicate with communities within the City of Tampa, including presentations at public meetings. 5.9 Examples of public information and education documents/media distributed under current/past programs, including: -Press release samples; -Internet-based correspondence; and -Documents distributed by stakeholders. 5.10 The programmatic success rate of current/previous programs and how such success is defined. 504 7 5.11 Technology/methods for determining and providing documentation that flashers were flashing during the reduced speed zone times as required by law when enforcement is being conducted. Such documentation shall be sufficient for evidentiary purposes. 5.12 Method for validating the existence and function of flashers in each school zone and the project plans implemented for providing maximum driver v isibility and warning of entering into a school zone. 5.13 The proper permitting, installation, initial testing, and ongoing maintenance of systems and components thereof including warning signs, signals, speed measurement and/or any additional components. Prior to installation, the system components shall be approved and permitted/authorized by the Florida Department of Transportation (FOOT). All placement or installation of speed detection cameras must be done in compliance with Florida Statute section 316.0776 and all applicable Florida Statutes, and all Tampa City Code requirements. System components will be installed and maintained so as not to Interfere with the operation of traffic control devices except where modifications to existing equipment is necessary to comply with law and or other approved design requirements. Interference or damage to any City, County, State or private party equipment and/or infrastructure will be at Service Provider's expense. 5.14 The speed enforcement signs and how they are implemented in the program. 5.14.1 Description of how the SDS and other processes will be established to ensure the SDS captures and how a capture is screened to ensure only violations during the authorized period of times within a designated school zone for excess speed are issued NOV's. 5.15 The process used to review all violations for validity and process the data for events that meet specified criteria (Business Rule Qualifications) prior to providing access to alleged violation events via secure web site to the Tampa Police Department for review, determination of violation, and issuance of Notices of Violation and Uniform Traffic Citations. Please provide examples of Notice of Violation and citation processing software images. 5.16 The storage of all data captured by a speed detection system to include the amount of data capable of being stored, data retention, and full description of access to the data and backup systems used to ensure the preservation of all data captured by the speed detection system, whether or not the data includes a capture of a violation. 5.17 Samples of all notices, letters and correspondence sent to customers, Department of Highway Safety and Motor Vehicles or others in processing and administering the school speed zone safety program. 5.17.1 Successful Proposer shall provide sufficient and trained staffing to open, count, batch, log, review and process correspondence letters received each day. It is the City's desire that a minimum of 90% of all correspondence be processed within one business day of receipt, with the remaining correspondence processed the following business day. 5.17.2 Successful Proposer shall provide a correspondence imaging system that ensures all correspondence received is electronically scanned and available for customer service staff and City. 5.17.3 Proposer shall describe methodology and detail advantages for handling, processing and tracking incoming correspondence. 5.18 Identifying the registered owner of a vehicle. 5.19 Providing and handling affidavits as allowed by law alleging another person was driving the vehicle at the time. 5.20 Providing and posting signage as required under s. 316.0776, Florida Statutes. 505 8 5.21 Assisting with public announcement campaign as required under s. 316.0776, Florida Statutes. 5.22 A time delay system between when event is witnessed, and when it is processed, in such a way that no event is processed inadvertently due to external factors that may impact zone enforcement (e.g., weather conditions, unexpected school closures) 5.23 Maintenance and technical support of web-based interface to be used by the agency and court in the review and processing of citations/cases. 5.24 Web-based or other system where authorized users of the system can conduct audits of payments received, disbursements and or other information related to the financial aspect of the contract/agreement. 5.25 Yearly reports as described ins. 316.0776, Florida Statutes. 5.26 Business practices related to the processing of automated school zone speed enforcement violations, including but not limited to each of the following areas: 5.26.1 Review process and transmission of violations to the agency. 5.26.2 Mailing of duly authorized Notices of Violation to the registered vehicle owner for payment. 5.26.3 The process for any 'violator and authorizej Oty employee to access of evidence relating to the violation. 5.26.4 The process for receiving and remitting payments from violators. 5.26.5 The process for challenging violations. 5.26.6 The process of setting Notice of Violation hearings. 5.26.7 The process for setting traffic court hearings for citations. 5.26.8 A description of evidence materials and method provided to hearing officer and/or traffic court. 5.26.9 The generation of Notice of Violation hearing dockets within parameters set by the City. 5.26.10 Process for preparing and sending Uniform Traffic Citations. 5.26.11 Process for handling affidavits setting forth an exception. 5.26.12 Qualification of employees reviewing violations. 5.26.13 Process for unpaid Notices of Violation and Uniform Traffic Citations 5.26.14 How a payment plan could be offered. 5.26.15 Customer service plan. 5.26.16 Initial and continued training for rotating City staff. 5.27 Maintaining all SOS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications which may be necessary during the term of contract. Updating equipment and technology during the term of the contract as new technology becomes available. Ensure all hosting platforms are secure and meet all requirements of City's Cloud Hosting Policy. 506 9 5.27.1 Ownership, maintenance of camera, video, sensors, computer and all related camera system equipment shall be the responsibility of the Successful Proposer throughout the term of the contract. 5.27.2 Successful Proposer shall guarantee to repair or replace any inoperable equipment within 72 hours of detection by the Successful Proposer or notification by the City. 5.27.3 Describe the proposed standard process for how often the cameras systems will be visited for maintenance and inspection. Explain what occurs during a maintenance and inspection visit. 5.27.4 Successful Proposer must provide ongoing training support for their product as requested by City throughout the term of the contract. Proposer shall provide details and documentation on its recommendations on training method(s) and schedules for initial and on-going training for City personnel as it relates to utilizing the proposed camera system. 5.28 Monitoring cameras to determine outages or mechanical issues. A SOS must have the ability to perform self-tests as to its detection accuracy. The system must perform a self-test at least once every 30 days. Unless otherwise agreed to be completed by Tampa Police Department in writing, the Successful Proposer shall maintain a log of the results of the system's self-tests and shall also perform an independent calibration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police Department for use in any hearing as authorized under Florida Statute Section 316.1906. 5.29 A comprehensive training program for City of Tampa personnel involved in the administration and/or operation of the system and its components, including designated personnel. Training for personnel should include at a minimum: -Detection and camera systems familiarization; -System training in a classroom or work environment setting; -Hardware (if applicable) and or software familiarization training; and -Testimony and evidence presentation strategies for presenting School Zone Speed citations at a Notice of Violation hearing or in traffic court. 5.29.1 Successful Proposer shall furnish all training materials when required and include samples of training materials as part of its submittal. 5.30 A system for the Program that requires no dedicated servers or specialized computers owned by the City for deployment of the Program. 5.31 Providing access to the web-based processing/approval software and/or any other related software. 5.32 Business practices, financial processes and timeline for transferring funds. 5.33 Materials for Notice of Violation hearings and court hearings including but not limited to legal proceedings challenging the speed detection system or issuance of a Notice of Violation or citation. 5.34 Expert witness testimony when required in all legal proceedings or City Notice of Violation or City Council hearings in order to explain, defend, or confirm the functionality or accuracy of the system. 5.35 Experience with sealed and certified plans for the placement of infrastructure and equipment in public rights-of-way to required transportation departments for review and approval. 5.36 Verification of the calendar for enforcement times. The service provider shall describe the responsibility for this business process on an ongoing basis after installation. 5.37 Distributing funds collected by the vendor in accordance with chapter 2023-174, Laws of Florida. 507 10 Automated Speed Detection School Zone Safety Equipment: 5.38 Each speed detection system (SDS) shall be equipped to detect a violating vehicle specifically using LiDAR (Light Detection and Ranging) or radar, activate the camera/video system, and produce color images of the rear of the vehicle. Digital camera/video technology is required. The City requires SDS with both photo and video capabilities. The City prefers LiDAR. 5.38.1 Explain how the vehicle speed is determined and the accuracy of the speed detection. 5.38.2 All SDS component operations must be synchronized to a single, standard, independent, external and verifiable time and date source. 5.38.3 SDS enclosures must be tamper proof and vandal proof. 5.38.4 SDS enclosures must be as small as possible and use as little power as possible. Proposer should specify the number of flash units required by your camera system. State the size of the SDS enclosure and the normal power draw of the SDS system, including the power usage during the flash phase. Floodlights may not be used. 5.38.5 sos endosures must be designed in such a fashion that maintenance and other operations can be accomplished easily and quickly without creating a public safety hazard. Explain typical maintenance procedures. 5.38.6 Preference will be given to SOS that requires the least infrastructure at the location. 5.39 Each system must be capable of operating multiple sources of power. Solar should be used as the primary source of power; however, AC may be used if placed in an area with low sunlight. The vendor will determine the best power source for each installation. 5.40 Each system must be capable of clearly photographing and recording the rear of the vehicles so as to clearly identify the rear license plate of the vehicle that is reasonably believed to have violated the speed limit within the designated school zone. 5.41 Each system must be capable of consistently photographing and taking video of license plates regardless of glare or materials used to obscure the license plate from clear view at various viewing angles. 5.42 Each system should be capable of detecting only one traffic lane at once. Describe the system's ability to accurately capture violations, providing a visual indication on the citation of the area in which the SDS UDAR or radar contacted the vehicle. 5.43 The vendor must provide details on the technology used to capture speed (UOAR or Radar) to include any accuracy studies and manufacturing details. 5.54 Vendor must provide a flexible location specific enforcement schedule mechanism, capable of permitting the agency to create custom action-based penalties, document penalties, or monetary penalties. 5.55 Vendor must provide a flexible payment schedule mechanism that allows the agency to tailor the monetary penalties being applied. 5.56 The City of Tampa prefers infrared systems that do not utilize distracting flashing devices (other than those necessary for proper warning) particularly as many potential installations are along two-lane roadways. Please specify the type of lighting required by your system for a standard four-lane roadway. Also describe associated flash characteristics, if any, of your system. 5.57 From point of data capture, all video and camera photos and accompanying video sequences must be capable of secure storage and transmission, and capable of maintaining a secure chain of evidence. Service providers shall briefly describe their approach to maintaining security of evidence. 508 11 5.57.1 Explain how the Image and violation data is secured and transmitted to the processing center. 509 12 5.58 Submit example set(s) of violation images and evidentiary photos and videos electronically with their proposal, if applicable under the following conditions: -Daytime - fair conditions AND rain conditions; and -Nighttime - fair conditions, AND rain conditions. Must include a visual indicator proving the vehicle in the image was the one captured by the SDS LiDAR or radar. 5.59 Evidentiary data to indicate school zone flashers were flashing during the time a speeding violation occurred. 5.60 A web-enabled and fully secure Notice of Violation and citation processing system that includes data processing, initial screening of data, prompt delivery of data to police for violation review and citation authorization, Notice of Violation and citation mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. 5.61 A system for mailing NOV's and administrative orders by first-class mail, and UTC's by certified mail, in accordance with Florida Statue section 316.1896 and tracking mail delivery by the U.S. Postal service. 5.62 A system capable of using a two-factor user authentication protocol for any web enabled application. The service provider's system shall be OIS compliant. Please describe any other certifications or measures related to computer/system security. 5.63 Obtain registered owner information and keep the access to this information confidential and meet the requirements of federal DPPA and Florida identification protection laws. 5.64 Handle customer inquiries and complaints in English and In Spanish during normal business hours with details of location of any customer service center and operation of business. 5.65 Provide all notices and affidavits in English and Spanish and include all required ADA language for Notice of Violation and traffic court hearings. 5.66 To the extent not covered above, Proposer should ensure it has provided information on how it will comply, and help ensure the Oty complies, with all of the requirements of chapter 2023-1741 Florida Statutes. 5.66.1 Use of camera systems constructed by Chinese manufacturers. Proposer shall comply with all laws which prevent, restrict, or limit use of camera systems constructed by manufacturers. Vendor shall certify whether its SOS, or any component thereof, uses materials imported from China or that are constructed by a Chinese manufacturer or domestic or international manufacturer using materials imported from China. Security Requirements: 5.67 Process for exchange of sensitive data only upon written approval by the City of Tampa. 5.67.1 Successful Proposer must provide image and data security that shall prevent unauth9rized persons from accessing the camera images and databases and tampering with images (explain methodology). 5.68 Location that data will physically reside (data sovereignty) (The City of Tampa has specific requirements based on data classification and sensitivity which requires data to reside within the United States or within the State of Florida). 5.69 Ability to accommodate enhanced security requirements, such as dual authentication. 5.70 Process to assign clearance levels to internal or sub-contract positions, for accessing sensitive data. 5.71 Employment and background check processes on employees and subcontractors that will be involved in the direct support or custody of data and processes associated with the proposed solution. 5.73 Ability to conduct testing with test or fictitious data (not LIVE data). 5.74 Continuous detection and elimination of viruses with name of service provider. 510 13 5.75 Change control processes that document baseline configuration and change control processes over the baseline configuration to ensure only approved and authorized changes are implemented In the system. 5.76 Workforce information security awareness training. 5.77 Backup, redundancy, and disaster recovery protection from risk of fire, utility failure, structural collapse, plumbing leaks or other such man-made or natural disasters. Required Services: All project requirements described under Section I, paragraph 5, shall be met and provided by Successful Proposer. In addition, the Successful Proposer shall provide these required services. 5.78 Performance of Traffic/Location Study and Site Survey. Ability to work with the City to continuously evaluate at the City's request a school zone's heightened safety risk in accordance with chapter 2023-174, Laws of Florida, in order to provide quantitative assessments. As part of this process, approved Proposer will develop baseline data for school zone locations by monitoring traffic to quantify the frequency, degree and speed during that period. The sole determination of school zone speed detection system locations remains with authorized personnel for the City and all site locations will require authorization by Ordinance. The approved Proposer shall provide any testing or site survey requested by the City on an ongoing basis during the contract period. The cost for any study, testing or site survey as requested by the City will be included in this cost proposal. Traffic/location studies will be provided in a professional report detailing the data captured and analyzed in order to determine whether there is a heightened safety risk that warrants additional enforcement measures at a school zone to justify a speed detection system. Provide length of time for completion of a generic study. 5.79 Camera Installation. From the school zones selected, the approved Proposer will deploy enforcement equipment that meets or exceeds the minimum standards specified above. Working with the City and Florida Department of Transportation (FDOT), the successful service provider will be responsible for all permit acquisition, site design, construction, installation, monitoring, and maintenance of the equipment. This will require the approved Proposer to submit a set of plans to City to review and to FDOT for the permit application. No work In the field can be performed prior to all applicable local and State permits. If applicable, approved Proposer must coordinate any electrical work or access with Tampa Electric Company (TECO). In the event an installed speed detection system needs to be moved due to roadwork or other reason, the approved proposer will move the camera and reinstall the camera at once the road work or event is completed. Speed detection systems may also be relocated as necessary. Provide length of time for completion of a generic SDS install. 5.80 Public Information and Education. Work in cooperation with the City of Tampa, the Hillsborough County School District, and the Tampa Police Department to produce initial public notice documents/media for the purposes of public education. The City's goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. Stakeholders included in the public information and education plan and how each is utilized to communicate with communities within the City for press releases, Internet-based advertisements and documents distributed by stakeholders. The public information campaign will be conducted in accordance with section 316.0776, Florida Statutes. Provide length of time for completion of public information and education. 5.81 Service and Maintenance. The servicing and maintenance of the automated school zone speed enforcement equipment will be the exclusive responsibility of the approved Proposer. Initial response to any equipment malfunctions will normally occur within a 24-hour period; repairs will normally be accomplished within a 72-hour period. Additionally, the Service Provider shall address the replacement of equipment that is damaged through an accidental means or intentionally through a criminal act and the time frame required for replacement of an installed system location if one becomes a total loss. Explain how you will ensure that these availability requirements will be achieved. 511 14 5.82 Violation Screening, Notice of Violations, Affidavits and Citation Development. Work with the Tampa Police Department and designated City Legal Advisor to determine in detail the elements that will constitute evidence of speed violations (establishing Business Rules) in accordance with chapter 2023-174, Florida Statutes, and with the designated City Legal Advisor to determine the contents of the notice and citation that will be mailed to registered vehicle owners along with affidavits as required by law. Proposer shall describe its understanding of citation issuance under City Ordinance as well as relevant state statutes and laws. Specifically, the approved Proposer will work with the designated Legal Advisor to ensure the language of applicable statutes including any resolutions and or ordinances as necessary are prepared and approved and that the system remains in full compliance during the terms of the contract. Approved Proposer must provide violators with a method for viewing where the violation occurred via an interactive map and meet all requirements for SDS reporting. 5.82.1 Successful Proposer must provide the City access to all enforceable Images and video produced by cameras for 60 days after the final disposition of the event (they are required to bedestroyed within 90 days after the disposition of the event). 5.82.2 Successful Proposer shall provide an evidence package for any contested violations and shall consist of: -All photos and videos of the violation; -Registered vehicle information; -All issued and disputed NOV's and UTC's to the party; -A violation history report; -A correspondence file; and -A payment history. 5.82.3 Successful Proposer shall be responsible for the cost associated with the following items: Providing all necessary support for the presentation of violations at hearings to include all relevant photo and video evidence for every hearing held under the Program. Provide expert testimony as needed when determined by the City, concerning all phases of the SDS (including the theory, operation and functional capabilities of the SDS) in support of the prosecution of violations. Upon the request of the City, Proposer's expert witness shall train City-identified Individuals such that the City identified individuals can qualify as expert witnesses as well. 5.82.4 Successful Proposer will keep accurate and current records which are continuously available for use and inspection by the City and which document, at a minimum the following: Current open cases; Present status of all cases; Funds received through the Program; and Payments disbursed on behalf of, or to, the City. Additionally, Successful Proposer shall annually prepare and provide the required operations report due to the State of Florida Department of Highway Safety and Motor Vehicles as provided under Florida Statue section 316.1896(16)(a), or as otherwise required by statute or rule. This report shall be provided to the City for review by September 30th of every year, including the September 30th after the contract expires for the period of time the contract was in place since the previous filing. Successful Proposer shall ensure the report is filed annually by October ist to the State of Florida Department of Highway Safety and Motor Vehicles as required by law. The report shall be in the form and manner as determined by the State and made available by the State. If required by the State, the Successful Proposer shall submit any required data components to the State on a quarterly basis. Successful Proposer shall ensure the respective data for reporting purposes is maintained for at least two years after such data has been reported to the State. 512 15 5.82.5 Successful Proposer's shall provide storage capabilities to store NOV's and UTC's identified for prosecution for a period of time not less than five (5) years aner final disposition of a case (again photos and videos are required to be destroyed within 90 days from the final disposition) and the termination of the contract. Successful Proposer's shall comply with any additional requirements of Chapter 1191 Florida Statutes relating to public records retention. The City shall be provided access to this stored information upon request. 5.82.6 Violation notices shall comply with all requirements under Florida Statute Section 316.1896, and shall be sent to the registered owner within 30 days aner a violation specifying the remedies available under Florida Statute Section 318.14 and that the violator must pay the penalty or furnish an affidavit as supporting an exception as provided under the law. Notices must contain all information required under Florida Statute Section 316.1896(2) and (3). 5.82.7 Process affidavits submitted by owners or co-owners of registered vehicles as authorized under Florida Statue Section 316.1896 to include re-issuing Notices of Violations or UTC's when an valid Affidavit meets the required standards and identifies the person having care, custody or control of the motor vehicle at the time of the violation. The Successful Proposer shall work with the designated Assistant City Attorney for establishing the process for reviewing Affidavits and reissuance of NOV's or UTC's. Proposer shall submit a proposed procedure for this process at the time of the proposal. 5.82.8 A UTC shall comply with all requirements under Florida Statute Section 316.1896, and shall be issued by a Tampa Police Department officer, or TIEO if applicable, and mailed by the Successful Proposer by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 30 days after notification, if the registered owner has not requested a hearing, and if the registered owner has not submitted an affidavit. In case of joint ownership, the UTC must be malled to the first name appearing on the motor vehicle registration, unless the first name is a business organization, in which case the second name may be used. The UTC must be accompanied by information required under Florida Statute Section 316.1896(2)(b), (2)(c), and (2)(d), as may be amended. 5.82.9 Successful Proposer's violation processing system shall allow the City a detailed view into all of the information related to the Program. The City will provide authorization of NOV by electronic signature for those events that meet specified criteria. 5.82.10 All access to the violation processing system for the purpose of pre-processing evidence, Tampa Police Department (TPD) authorization, NOV/UTC printing, payments tracking, and generation of court evidence packages shall be Internet enabled and shall be available 24/7 for authorized users. 5.82.11 Upon verification by TPD of an apparent violation, Successful Proposer shall, within 30 days of the violation, provide by first class mail a notification of the violation to the registered owner of the violating vehicle. This notification of violation shall be prepared in conformance with Florida Statute section 316.1896(2) requirements and approved by the City. Proposer shall include sample notice of violation as part of proposal which establishes it meets the statutory requirements and includes at a minimum: -The vehicle involved in the violation; -The registered owner of the vehicle; -The remedies available to address the violation; -Payment options; -The amount of potential penalties and Issuance of a UTC; -A photograpt, or other recorded image showing the license plate of the motor vehicle; -The date, time, and location of the violation; -The maximum speed at which the motor vehicle was traveling within the school zone; -The Speed limit within the school zone at the time of the violation; - Notice of the right to review the photograph or video captured and evidence of the speed and instructions on how to do view the evidence. 513 16 5.82.12 Before or upon mailing of notification of a violation, Successful Proposer shall also post video evidence of the violation on the designated website to allow review by the registered owner of violating vehide. The initial notification letter shall include all information required by registered owner to log on to this website. 5.82.13 Mailed violations shall also include a provision of a toll-free telephone hotline that will be staffed from 8:00am to 5:00pm, Monday through Friday EST of each week excluding City of Tampa observed holidays. During other times, the hotline will permit callers to obtain information and/or leave a voice message. All letters that accompany notice of violations shall include the corresponding toll-free number. 5.82.14 A Customer hotline telephone service shall provide response in multiple languages (at a minimum English and Spanish). Proposer shall provide details related to their resources and experience in providing customer service in multiple languages. 5.82.15 After 60 days have elapsed from the date of mailing the NOV to the registered owner of the violating vehicle, unless the violation has been resolved (payment or hearing requested) as provided in Florida Statute section 316.1896(3), Successful Proposer will provide to the City in a mutually acceptable electronic form, notice of Issuance of a Florida Uniform Traffic Citation (UTC) subject to the review and approval of the City. If a TPD officer, or TIEO if applicable, approves and authorizes the issuance of the UTC, Successful Proposer will prepare the final UTC for mailing. A sample UTC should be provided and should include all applicable requirements for notice, payment, and challenging. 5.82.16 The UTC shall be prepared and sent to the appropriate violator or registered owner via certified mail by the Successful Proposer at least 60 but not more than 74 days after the violation. 5.82.17 Successful Proposer shall describe and recommend the hardware and software required to run the administrative components of the processing and viewing system. Any software or hardware required to view or operate the processing system should be included in the cost proposal. The violation processing system shall provide the following functions at a minimum: -Web-enabled access and operation from Microsoft Internet Explorer and/or Google Chrome browsers; -Web-based access to statistical information related to the violations at all speed camera locations individually and overall; -Ability to provide for an online case management system; ·Secure user log-in and access; -Automatic presentation of images and data captured by the camera system onto review PC's; -Easy review of violation evidence against regulations; -Ability to both "play" full motion video and view multiple scene and plate images; -Ability to View each Image as a full screen enlargement with a single click; -Ability to view all original images; -Ability to "crop" a license plate image area from the optimal license plate image in the multiple-image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice; ·Ability to "accept" or "reject" violation sets and record rejection reasons; -Ability to generate printed warning letters (during the first 30 days of the Program at the City's discretion); -Ability to automatically generate printed violation notices; -Ability to track and notify the City of multiple violations for license plate number; • Ability to store and archive all processed violation evidence into a secured database; ·24/7 ability to access any stored violation image from the system's database subject to agreed archive rules; -24/7 ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; -24/7 abiHty to immediately request, view and print both standard and user-defined reports; -Secured Access Control and automatically generated Electronic Audit Trails; ·Encryption and decryption management; and -Ability to ensure scheduling of NOV hearing so that hearing occurs within 180 days of the date of the violation. 514 17 5.83 Citation Processing and Payment. Notice of Violation and citation processing in compliance with chapter 2023- 174, Florida Statutes. The approved Proposer must be an NLETS Strategic partner and house all OIS/NLETS processing inside the continental United States at a □IS compliant facility. All employees with access to citations and citation processing will meet all □IS requirements. All payments must be handled by the successful service provider and use an internal audit trail and be verifiable by external audit. Lock-box payment service will not be permitted. 5.83.1 Successful Proposer shall receive violation payments in response to the statutory notification, document the receipt of payment fn electronic format and account for all funds received as provided herein and by Statute. Successful Proposer will continuously and openly account for all funds received in connection with the Program using generally accepted accounting principles. Successful Proposer shall make timely disbursements to the State as required by Florida Statute sections 316.1896(5) and 318.18 and concurrent disbursements to the City of the City's portion of the revenues collected pursuant to the statute. Successful Proposer's costs and expenses will be deducted from the City's portion of revenues collected. Successful Proposer shall demonstrate the ability to handle all violation payments electronically paid on-line or mailed to Successful Proposer owned lockbox including the dally depositing and reconciliation of all receipts. Successful Proposal shall provide a breakdown of the fine amounts collected and distributed, and where the fines will be remitted for NOV's and UTC's in compliance with Florida Statute section 316.1986. 5.83.2 Due to the expected high volume of mail that is received, control and accuracy are essential factors in the operation. The services provided shall be integrated with numerous levels of control, audit and redundancy to ensure the accurate and timely receipt, processing and update of mail-In payments. 5.83.3 Describe procedures for processing payments to include, but not limited to: -Method for receipt of payments; -Ability to apply payments by source (cash, check, money order or credit card); -Ability to handle electronic reimbursement and automated check handling (ACH); -Verification of check amounts; -Batch reconciliation and file update; -Bonded courier service to financial institution; -Accept and process partial payments, allowing the citizen to pay the fine/hearing cost over a period of time not exceeding three months without administration by the City; and -Processing exception payments. 5.83.4 Successful Proposer shall deposit into the City's designated bank account, once each 48 hours during normal banking days, an amount equal to the net receipts of the current day's revenue received. Payments deposited shall be applied to the vendor's database every day and available for online review within 48 hours of deposit/update. 5.83.5 Successful Proposer shall describe payment reconciliation methodology, detailing the advantages of proposed solution. 5.83.6 Successful Proposer shall provide procedures for handling payments received that require additional investigation and research. These procedures should include, but not be limited to: -Overpayments; -Unapplied payments; and -Returned checks. 5.83.7 Successful Proposer shall provide citizens with the option of making payment via the Internet. Describe proposed pay-by-web solution and provide an example of an agency or jurisdiction utilizing similar pay-by-web systems. 515 18 5.84 Statistical Reporting. In addition to SOS required reports and logs, in support of the City's project evaluation activities, the Successful Proposer will provide monthly and semi-annual summary program metrics to the City of Tampa Police Department that will include, at a minimum, the following (Web-based reporting systems are required) (provide samples): -Number of events recorded, by intersection approach and in total; -Number of events not billable/rejected, including a breakout of controllable and not-controllable events lost, by location and in total, along with reason for non-billable/rejected events; -Number of events forwarded to City of Tampa Police Department; -Number of citations authorized and mailed, by month of issuance; and -Number of citations returned as undeliverable. 5.85 SDS Analysis and Reporting (provide samples). SDS must be capable of providing statistical analysis of camera location and operations and Proposer should provide samples of reports. 5.85.1 SDS shall be capable of providing reports which show, at a minimum: -Hours of use per camera by operational site; -Results achieved by each camera by site; -Violations recorded by site; and -Violations by speed, date and hour. 5.85.2 SOS shall be capable of immediately generating operations reports 24/7 including: -Number of violations recorded; -Count of violations where notices not prepared; -Notices prepared and mailed by First Class mail; and -Status of notices issued (outstanding, canceled, reissued and so forth). 5.85.3 Camera system shall also supply the following reports: -Camera equipment hours of service and hours lost; -Number and description of camera or other equipment malfunctions; and -Time spent by each TPD user logged into the violation processing system and the number of violations processed by each user. 5.85.4 Camera system shall be capable of providing violation and traffic statistics as follows: -Real-time traffic volume and vehide counts, and -Real-time violation graphs and chart by time of day and day of week 5.86 Hearing Support and Customer Service. Successful Proposer shall work with the Tampa Police Department in developing hearing schedules and sending all notices for hearing dates and rescheduled hearings as may be needed. The Successful Proposer shall handle all customer service calls and request for rescheduling hearings unless otherwise agreed to by the Tampa Police Department. 5.87 Payment Plan. Successful Proposer shall offer a payment plan option to be handled by the Successful Proposer and all proposals shall provide details of the payment plan. 516 19 Fee Schedule: 5.91 The total cost of the proposed services. Identify the costs to perform the services using the following format: 5.91.1 Identify a payment or cost or revenue share schedule. Payment will be made only as segments of the project are delivered and accepted by the City. 5.91.2 Explain and provide details of any conditions that might increase or reduce the cost of the proposed services. 5.91.3 The costs of these services. Costs shall include all items, Including but not limited to, professional time, travel, data processing, forms, printing, or any other expenses included in the proposed cost. 5.91.4 Final negotiated prices submitted shall be valid for a period of at least 120 calendar days from the original due date of this RFP until such time a contract is signed, unless extended in writing. 5.91.5 Pricing shall be firm for the initial term of the contract. Additional information related to compensation for future contract periods is included in the General Conditions. 5.91.6 The City will only accept proposals that guarantee cost neutrality to the City (i.e. City's portion of the revenue collected will at least match Successful Proposer's cost and expenses for providing the system). Should the amount of the City's portion of the revenue collected fall short of Successful Proposer's cost and expenses, the Successful Proposer will absorb the difference in cost. The City will not pay any additional fees not covered by City's portion of revenues received. 5.91.7 The City will not pay any upfront costs for the installation of this SDS and related equipment. 5.91.8 Proposer should assume a minimum of SDS will be installed as authorized by City Ordinance; however, the City has sole discretion to make changes to the number and/or location of all SDS locations. 517 20 Pricing Proposal: ITEM DESCRIPTION Pricing Proposal A. Automated School Zone Safety Speed Enforcement System(s): Total cost for the system(s) including all site selection testing/traffic studies, equipment, installation, maintenance and support, public information & education programs, training, system upgrades and enhancements, and support upgrades for future installations, per specifications. $ Fee per location B. Relocation or Removal/Reinstallationof Systems: Cost (if any) during a contract period for system(s) relocation or removal/reinstallation at the request of the agency. $ Additional Pricing Fee per location C. Additional stand-alone ALPR Installation: Total cost for the lease of additional ALPR camera system(s) including all equipment, installation, maintenance, integration/data push, and system upgrades and support upgrades for future installations based on a per location basis. $ D. Performan ce of traffic/location study and site survey at request of the City for additional camera location consideration (5.78). $ E. Provide descriptions and unit prices below for any additional servi�that have not been listed above. If needed, additional pricing sheets may be attached to this Pricing Proposal explaining such costs. 518 21 6. CITY'S ROLE AND RESPONSIBILmEs Toe City through the Tampa Police Department shall review violations provided through an electronic system provided by the Successful Proposer which allow officers, or TIEO's if applicable, to make the determination as to whether a violation exist and if a Notice of Violation and, when applicable, a UTC will be issued as provided herein and In accordance with Florida Statute. Toe City shall provide a Clerk and a local hearing magistrate to conduct hearings on Notice of Violations. UTC's will be handled through the Clerk of the Court and heard in traffic division in the Thirteenth Judicial Circuit County Court. The City Mobility Department will work with vendor as required for the placement of school speed zone enforcement cameras and TPD will work with the Successful Proposer on the review of the violations to determine whether a violation exists and will provide officer, or TIEO if applicable, hearing testimony. The City will provide a location for NOV hearings and a magistrate for conducting the hearings. 7. PROPOSER SUBMITTALS Toe following must be submitted in the proposal: 7.1 Contract Termination for Default. Has the Proposer's company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company's position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience. 7.2 Contract Litigation/Legal Proceedings. Toe Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. 8. QUALIFICATIONS 8.1 Proposer must provide references from one or more operational cities, counties, states or provinces of similar size to the City in order to document successful deployment of vendor's proposed school speed zone detection technology and system solution. The references must be operating an outsourced program using the same equipment and technology proposed herein. Toe list for each reference shall include: -Agency/Jurisdiction Name and Address; -Contracting Officer and Contact Information (Telephone Number and E-mail Address); -Technical Representative and Contact Information (Telephone Number and E-mail Address); and -Written description of the specific services provided By submitting a proposal, the Proposer authorizes the City to conduct reference investigations as needed. 8.2 The City requires the Proposer to be a National Law Enforcement Telecommunications System (NLETS) Strategic Partner. This is very beneficial for obtaining out of state registration information. Proposer shall include In its proposal a statement indicating it is a NLFT'S Strategic Partner, and if so provide date of certification and copy of certificate(s). 8.3 Proposer shall state its experience in working with other Florida Jurisdictions under the current State of Florida statutes (Chapter 2023-174, Laws of Florida). 519 22 8.4 Project Staff Qualifications. Proposer shall indude the name, title, address, and telephone numbers of employees and/or subcontractors who will both manage and be assigned to perform services under the proposal. In addition, a signed resume not exceeding two pages, including references, detailing educational qualifications and previous work assignments related to this RFP for each project management team member who will be assigned to perform work under this contract, 8.5 Financial Overview. Proposer shall provide a general description of the firm's financial condition and identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer's ability to complete the project. 8.6 Current/Past Legal System Proceedings. Proposer shall identify (including venue and case number) and describe all litigation, pending or closed, in which Proposer is or has been a named party and all notices of Intent to sue filed by the Proposer in the last five years involving a local government and a red light camera system. Proposer shall also identify and describe all litigation, pending or closed, in the last five years in which Proposer is alleged to have engaged in fraud. 9. MANAGEMENT If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City's management team for interview and consultation during plan(s) development and for review of the draft and final plans. 10. IMPLEMENTATION 10.1 The Successful Proposer shall work wlth the City to initially Install a SDS at all identified locations as authorized by Ordinance. The following implementation schedule is provided: EVENT DATE COMPLETED (whatever is later) Permits installation and testinq of all SDS and operations 07/15/24 or 90 davs after contract Siqnaoe Prior to implementation as reauested bv the Citv Public announcement and awareness camoaion 30 davs orior to imolementation Imolementation 08/12/24 or 15 davs after testina comoleted Training 08/01/24 or 1 week orior to imolementation 10.2 For each of the implementation requirements above, Proposer shall provide a description of the extent of the City staff's involvement In the project and provide a requirements list for the City as part of its proposal. 10.3 Successful Proposer shall support the City by training staff on how to present the Program at public seminars or presentations. When requested by the City, the Successful Proposer will provide staff for public forums/seminars. 11. COORDINATION WITH THE CITY 11.1 The Successful Proposer shall identify their Project Manager who shall work in close coordination with the City. The City's Project Manager shall be the City's point of contact. The City shall approve any changes to the Successful Proposer's Project Manager or personnel assigned to the project. 11.2 During the term of the contract, the Successful Proposer's Project Manager shall meet on-site with the City's Project Manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating work to be performed, or performance of work. 11.3 Successful Proposer shall present the skills and qualifications of the Successful Proposer's Project Manager candidate and the team surrounding that candidate. The City shall have the right to interview the Successful Proposer's Project Manager candidate prior to awarding the contract and will have the right to require that the Successful Proposer's Project Manager and team members be replaced throughout the term of the contract. 520 23 11.4 Proposer shall provide a project timeline/schedule indicating when the proposed program will be fully operational for the City, no later than August 12, 2024, barring circumstances beyond the control of the Successful Proposer or written agreement with the Director of Mobility Department for additional time for implementation. End of Sectlon I 521 24 SECTION II. GENERAL CONDmONS 12. GENERAL INFORMATION 12.1 Proposal Due Date. Sealed proposals will be received no later than the date and time indicated on page one of this document. Proposals will not be accepted after this time. All proposals shall be submitted thru the GETALL system (electronically). File name should not have special characters. Proposer must wait for confirmation of successful upload. City of Tampa Requests for Proposals are issued electronically via GetAll's system. Obtaining proposals through GetAII will ensure that proposer will have the following capabilities: receipt of proposal documents electronically, track the status of award activity, receive addenda, receive the results of awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than GetAII are cautioned that the proposal packages may be incomplete. The City will not accept incomplete proposals. Contact GetAII at support@getall.com for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the GetAII system. GetAII has no affiliation with the City of Tampa other than as a service that facilitates communication and proposal submittals between the City and its vendors. GetAII is an independent entity and is not an agent or representative of the City. Communications to GetAII does not constitute communications to the City. Contact GetAI! at support@getall.com for more information. 12.2 Addendum and Amendment to RFP. If it becomes necessary to revise or amend any part of this RFP, GetAII will provide notification of the Addendum to all prospective Proposers who received an original RFP notification making them a plan-holder. Addenda will be posted and disseminated by GetAII at least five days prior to the RFP opening date. It will be the responsibility of the Proposer to review GetAII prior to submitting a proposal to ascertain if any addenda has been issued, to obtain all such addenda, and to return the executed addenda with the proposal. 12.3 Errors and Omissions. Proposers discovering any ambiguity, conflict, discrepancy, omission, or other errors in this RFP, shall immediately notify the City of such error via email within Get All's system and request modification or clarification of the RFP. Modifications will be made by Issuing an addendum and will be given by written notice to all prospective Proposers who queried the solicitation in Get All's system. Addenda will be posted and disseminated by GetAII atleast five days prior to the RFP opening date. The Proposer isresponsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFP prior to submitting the proposal or it shall be deemed waived. 12.4 Florida Public Records Law. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Proposers should be aware that theProposal and the responses thereto are in the public domain and are available for public Inspection and copying. Using Attachment B - Public Records Declaration or Claim of Exemption, Proposer is required to acknowledge whether or not they are asserting that certain information in its proposal is confidential and/or proprietary and/or exempt from public disclosure. If the Proposer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disdosure, then the Proposer is required to do the following: (1) identify, with specificity, the information which the Proposer asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information in a separate file labeled "REDACTED, EXEMPT FROM PUBLIC DISCLOSURE" this uploaded document must be separate from the Proposer's other Proposal documents, (3) specifically cite the applicable Florida Statute(s) that exempts sum information from public disclosure - sum citation must be placed within the redacted file. The "REDACTED" file that contains the Proposer's confidential/proprietary/exempt Information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in Proposer's alleged confidential/proprietary/exempt information being disdosed to the public. This will be the Proposer's "REDACTED"copy. All submittals received in response to this Proposal will become the property of the Qty ofTampa and will not bereturned. In theevent of an award, all documentation produced as part of the contract will become the exclusive property of the City. * All uploaded documents may not have special characters in the file name,#,*,@, etc. Be aware that the designation of an item as exempt from public disdosure by a Proposer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disdosure, Proposer agrees to defend the City of Tampa (and Its employees, agents and elected and appointed officials) against all daims and actions 522 25 (whether or not a lawsuit is commenced) related to Proposer's designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys' feesincurred by theCity by reason of any claim or action related to your designation of material as exempt from public disclosure. *Note: The City will not accept Proposal submittals when the entire submittal is labeled as exempt from public disclosure and the proposal will be deemed non-responsive. Proposer's References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietaryinformation is made, the City may deem the Proposal submittal as "non-responsive". 12.4.1 In accordance with Section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 12.4.2 In accordance with Section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 12.4.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Successful Proposer agrees to comply with Florida's Public Records Law, including the following: 1. Successful Proposer shall keep and maintain public records required by the City to perform the services; 2. Upon request from the City, Successful Proposer shallprovide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law orallow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that public records, in part or in total that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or early termination) of the contract if the Contractor does not transfer the records to the City; 4. Upon completion (or earlier termination) of the award, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Proposer transfers all public records to the City upon completion (or earlier termination) of the award, Successful Proposer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Proposer keeps and maintains public records upon completion (or earlier termination) of the award, Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that ls compatible with the Information technology systems of the agency. 523 26 S. The failure of Successful Proposer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Successful Proposer until records are received as provided herein. 6. IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE SUCCESSFUL PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813/274-8351, COTPurchasingPRR@tampagov.net, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2No FLOOR, 306 E. JACKSON STREET, TAMPA, FL 33602. Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under Section II. General Conditions, Section 14. Content of Proposal, Tab 2. 12.S City of Tampa Ethics Code. The Proposer shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522) Moreover, each Proposer responding to this Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d)) Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampaqov.net/human -resources/info/lobbyist-information or can be found in the City of Tampa's municipal codes published online by the Municipal Code Corporation at the website link https://www.municode.com/library/f1/tampa/codes/code of ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page. 12.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal. The material(s) supplied shall be guaranteed to be free from defect of composition, conception, and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer's expense for immediate replacement. 12.7 Copyrights and Patent Rights. Proposer warrants that there has been no violation of copyrights, patent or other intellectual or proprietary rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Proposal, and Successful Proposer agrees to indemnify, defend and hold the City harmless from any and all liability, loss or expense by any such violation including litigation costs and attorneys' fees through the appellate process, and damages which may be incurred by reason of any infringement at any time during the prosecution or a�er the completion of work. 12.8 Procurement Protest Procedures. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City's intent to award and may be filed by an actual Proposer, who is allegedly aggrieved in connection with the issuance of a proposal solicitation or pending award of any contract In any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed. 524 27 All dates and times specified In the Protest Procedures in Section 2-282 are calculated as city business days, A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which Is postmarked by the required date Is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure In the electronic transmission. 12.9 WMBE Participation. The City of Tampa EBO office administers the Women/Minority Business Enterprise (WMBE) Program to promote the inclusion of WMBE Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified WMBE Companies deemed underutilized. To obtain a list of the City's Certified WMBE Companies, visit the Equal Business Opportunity (EBO) Office website at http://www.tampagov.net/ebo. Under Programs and Services select WMBE and SLBE Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names. NOTE: In accordance with the Equal Business Opportunity Ordinance 26.5, The City ofTampa's WMBE policies are narrowly tailored to identify underutilized WMBEs by Industry category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process. Refer to MBD Form 70 to identify underutilized WMBEs by Industry category and MBD Form 71 for the WMBE Participation scoring criteria for this RFP. For this RFP the underutilized WMBE Industry Category is "Non-Professional Services". 12.10 SLBE Participation. In an effort to promote increased opportunities for Small Local Business Enterprises (SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City's Certified SLBE Companies, visit the Equal Business Opportunity (EBO) Office website at http://www.tampagov.net/ebo. Under programs and Services select WMBE and SLBE Directories. These directories include SLBE Certified Companies which are listed by Type of Services and by Company Names. NOTE: In accordance with the Equal Business Opportunity Ordinance Chapter 26.5, SLBE vendors are eligible for weighted points in the selection process. Refer to MBD Form 71for the SLBE participation scoring criteria for this RFP. For additional information visit the Equal Business Opportunity Office website at www.tampaqov.net/ebo 12.11 Incurred Expenses. The City is not responsible for any expenses which Proposers may incur In the preparation and submittal of proposals requested by this RFP, including but not limited to, costs associated with travel, accommodations, interviews, or presentations of proposals. 12.12 Proposals Binding. All proposals submitted shall be binding for 180 calendar days following the opening. 12.13 Non-Discrimination in Contracting and Employment. The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa (City). The Successful Proposer shall comply with the following Statement of Assurance: During the performance of this Contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Successful Proposer's employees or applicants for employment. 525 28 Toe Successful Proposer understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this Contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) are involved. This Statement of Assurance shall be interpreted to indude Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. Toe Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. Toe Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5. 12.14 Proposer's Criminal History Screening Practices. Per City of Tampa Code of Ordinances, Section 2- 284, Proposer is requested to provide information as to whether Proposer has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. For Procurement of $100,000 or more, If the Proposer voluntarily agrees to comply with the City's criminal screening practices as provided in Chapter 12, Article IV of the City Code, Proposer will be awarded an additional 5-points as part of the evaluation of its proposal if Proposer submits notarized documentation with its proposal, and an assurance of compliance with Section 2-284 if awarded the contract ['Ban the Box Requirements''). Toe City of Tampa's municipal codes are published online by the Municipal Code Corporation at the website link https://llbrary.municode.com/fl/tampa/ordinances/code of ordinances?nodeld=1171018 12.15 Equal Opportunity. Toe City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any Contract made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. Toe City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. 12.16 Governing Law/Venue. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. Toe parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 12.17 Compliance with Laws. Toe Successful Proposer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida, HIiisborough County, and the City of Tampa. It shall be the responsibility of theSuccessful Proposer to be knowledgeable of all federal, state, county and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein which may apply. Failure to comply with all applicable laws, ordinances and codes may lead to termination of the contract. 12.18 Force Majeure. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this contract (the "Nonperforming Party'') will be excused from performing those obligations, on condition that it complies with its obligations herein. "Force Majeure Event" means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this contract, on condition that the Nonperforming Party uses reasonable efforts to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this contract. The other party has the right to terminate the contract if the Non-Performing Party's Force Majeure Event continues for more than a reasonable time. 526 29 12.19 Survival. Provisions in regard to licensing, indemnification, governing law venue and confidentiality shall survive termination of contract. 12.20 Conflict of Interest. The City requires that the Successful Proposer provide professional, objective, and impartial advice and at all times hold the City's interest's paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Successful Proposer has an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best Interest of the City, or that may reasonably be perceived as having this effect. If the Oty, in its sole discretion, determines that a conflict of interest exists, such Successful Proposer shall not be considered for award of this Contract. Failure to disclose said situations may lead to the disqualification of the Successful Proposer or the termination of its Contract. Any such interests on the part of the Successful Proposer or their employees, must be disclosed in writing to the City on ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM that Is included with this solicitation document and should be included under Section 14. Content of Proposals, Tab 3. Also, the Successful Proposer is aware of the conflict- of-interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said laws. 12.21 Audit Rights. Successful Proposer agrees that the City or its authorized representative shall have access to, and the right to audit, examine, or reproduce, the financial books and records of Successful Proposer related to Successful Proposer's performance under the contract. Successful Proposer shall retain all such records for a minimum period of six (6) years from the date of termination of the contract, including any renewal or extension hereof, or for such longer period of time as required by federal or state law, and shall be extended until the completion of any audit in progress. Successful Proposer must keep all financial records in a manner consistent with generally accepted accounting principles. Successful Proposer must provide access during normal business hours to the requested records no later than ten (10) calendar days after the written request by the City or its authorized representative. If any audit reveals any material deviation from the contract requirements, any misrepresentations or any overcharges to the City, the City will be entitled to recover damages, as well as the cost of the audit. Anyadjustments or payments which must be made asa result of any such audit or inspection of the Successful Proposer's invoices or records must be made within a reasonable amount of time, but In no event may the time exceed ninety (90) calendar days, from presentation of the City's audit findings to the Successful Proposer. Successful Proposer shall include this right to audit section In any subcontractor agreements entered into in connection with this contract. 12.22 Scrutinized Companies. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are (1) on the Scrutinized Companies that Boycott Israel list, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria. A company that is on the Scrutinized Companies that Boycott Israel list or is engaged in a boycott of Israel may not submit a proposal for or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not submit a proposal for or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more. Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan Llst, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible to submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met. 527 30 If the City determines the Successful Proposer submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a proposal, entering into a contract, on contract renewal, or if the Successful Proposer has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Successful Proposer notice and an opportunity to demonstrate the City's determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes. 12.23 Data Collection. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Successful Proposers are used for identification, verification, and tax reporting purposes. 12.24 Indemnification. The Contractor/Successful Proposer/Contractor/Firm (collectively the "Firm") releases and agrees to defend, indemnify and hold harmless the City of Tampa, Its officers, elected and appointed officials, and employees from and against any and all liabilities, losses, claims, suits, actions, causes of action, either at law or in equity, damages, charges, judgments, or expenses (including attorney's fees and court costs, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the Firm, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the Award/Contract/Agreement (collectively the "Agreement") into which the Firm and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Firm's duty to defend is separate and apart from Firm's duty to indemnify and hold harmless and exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Firm by a party entitled to a defense hereunder. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by the provisions of Section 725.06, Florida Statutes or any other applicable law, then this section 12.24 shall be so limited to said section 725.06 and with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of (i) the monetary value of this contract, (ii) the coverage amount of Commercial general liability insurance required under the contract, or (iii) $1Million Dollars. Otherwise, the obligations under this section 12.24 will not be limited by the amount of any insurance required to be obtained or maintained under this contract. Contractor's duties to defend and indemnify pursuant to this section 12.24 shall survive the early termination or expiration of the contract and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. Nothing in this section or in the contract shall be construed as a waiver of any Immunity from or limitation of liability the City, its officers, agents, and employees may have under the doctrine of sovereign immunity under common law or statute. 12.25 Contractor Background Checks. When assigning employees to work on City property, the Successful Proposer shall check the backgrounds of each employee and notify the City's Employment Services Manager prior to assignment if candidates fall into one or more of the following categories: • Unable to pass 8 Panel Drug Screen • Has a felony or misdemeanor conviction involving violence, weapons, or crimes against a public official • Is a former City of Tampa employee" 12.26 Employee Verification. In accordance with Section 448.095, Florida Statutes, the Successful Proposer agrees to register with and utilize the U.S. Department of Homeland Security's &Verify system to verify the employment eligibility of all new employees hired during the term of the contract for the services specified in the contract. The Successful Proposer must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. If the Successful Proposer enters into a contract with a subcontractor, the subcontractor must provide the Successful Proposer with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Successful Proposer shall maintain a copy of such affidavit for the duration of the contract. If the City has a good faith belief that the Successful Proposer has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Successful Proposer, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the contract was terminated. The Successful Proposer is liable for any additional costs incurred by the City as a result of the termination of the contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Successful Proposer has otherwise complied with the law, the City shall promptly notify the Successful Proposer and order the Successful Proposer to immediately terminate the contract with the subcontractor. 528 31 12.27 Responsible Vendor Determination. The City of Tampa will not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible vendor and will not give preference to a Proposer based on the Proposer's social, political, or ideological interests. 13. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS 13.1 To ensure fair consideration for all Proposers, the City prohibits prospective Proposers' communication with any department or employee during the submission process. Questions relative to the interpretation of the Scope of Services or the proposal process shall be addressed to the City during the pre-proposal conference, or questions can be submitted via the GETALL system up to ten days prior to the RFP opening date and time. 13.2 Communication Policy. During any solicitation period including any protest and/or appeal, no contact with City officials or employees, other than with the Analyst, the Director of Purchasing or the Legal Department, is permitted from any proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. 14. CONTENT OF PROPOSALS 14.1 Proposer Responsibility. Proposers are advised that the City's ability to evaluate proposals is dependent in part on the Proposer's ability and willingness tosubmit proposals which are well ordered, detailed, comprehensive and readable. Clarity of language and adequate, accessible documentation is essential. Proposers should maintain the sequence of sections as they are depicted in the RFP. It is the Proposer's responsibility to examine all specifications and conditions thoroughly and comply fully with specifications and all attached terms and conditions. It is the Proposer's responsibility to provide a full and complete written response that does not require interpretation or darification by the City Representative. The Proposer is to provide all requested materials, forms, and information. The Proposer is responsible for ensuring the materials submitted will properly and accurately reflect the Proposer specifications and offering. During scoring and evaluation (prior to any interviews), the City Representative will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP deadline; however, this does not limit the right of the City Representative to consider additional information (such asreferences that are not provided by the Proposer but are known to the City, or past experience by the City in assessing responsibility), or to seek clarifications as needed by the City. 14.2 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. The proposal submitted is the City's official record and recording of the RFP. Submit electronic copiesin Acrobat Adobe PDF format. Pages must be identified with page numbers. Rle names should not contain special characters. Proposer must wait for confirmation of successful document upload. If Proposer isdeclaring any portion of the proposal isConfidential and/or Proprietary acopy of proposal marked "REDACTED" should also be provided to the City with the original following the instructions stated under Section II. General Conditions, Subsection 12.4 Florida Public Records Law. In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be organized in the following manner and identified with tabs (headings): IN GETALL, THE FOLLOWING ITEMS SHOULD BE GROUPED AND UPLOADED INTO THE "MAIN SOLICITATION RESPONSE" SECTION: • Title Page. Type the name of Proposer's firm, address, telephone number, name of contact person, email address, date, and the title of the RFP. • Table of Contents. Include a clear identification of the written material by section and by page number. 529 32 • Proposal Submittal Check List. Complete and submit Attachment A. for compliance of certain requirements identified in the RFP package. • Tab 1. Addenda. Include acopy of theaddendum, or addenda associated withtheRFP, if applic.able. Incomplete proposals will not be considered. • Tab 2. Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from Section II. General Conditions, Section 1. General Information, Subsection 12.4 including executed copy of Attachment B - Public Records Declaration or Claim of Exemption. • Tab 3. Conflict of Interest. Include executed copy of Attachment C - Conflict of Interest Form. • Tab 4. Response to Proposal. Specific.ally state the Proposer's understanding of the work to be accomplished and make a positive commitment to perform the work in Section I. Scope of Services. • Tab 5. Section I, Scope of Services. Include all the requirements and/or documentation requested under Section I. Scope of Services, sub-section XX Proposer Submlttals. • Tab 6. References. Include a reference list of at least five clients to whom the Proposer has provided services like those being proposed to the City. • Tab 7. General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess any experience like the services required, Proposer shall provide any pertinent Information or experience Proposer feels may qualify Proposer for consideration of award. • Tab 8. GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC Include a narrative description and/or organizational chart outlining the methods of operation, operational structure, and services to be provided by the Proposer. This description should fully and completely demonstrate the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other pertinent information that will assist the City in evaluating the proposed method of operation. • Tab 9. Sul>-Contracting Submittals. No Successful Proposer shall assign the contract or any rights or obligations thereunder without the written consent of the Oty. The Successful Proposer shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless prior written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms: • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 These forms must be completed <including signatures} and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed "non-responsive". Instructions on completing the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. 530 33 Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer. IN GETALL, THE FOLLOWING ITEM SHOULD BE UPLOADED IN THE "COST PROPOSAL SECTION": • Tab 10. Compensation. Submit an all-Inclusive cost statement. Provide a detailed cost statement for providing the services indicated In Section I. Scope of Services. Itemize fees, expenses, and any optional costs separately. IN GETALL, THE FOLLOWING ITEMS SHOULD BE GROUPED AND UPLOADED IN THE "SOUCITATION SUBMITTAL SECTION": • Tab 11. Proposer's Affidavit. Complete, submit and have notarized the Proposer's Affirmation form provided in the RFP Package. This form must be signed by an authorized representative of the firm as defined below. • Tab 12. Proposal Signature Form. Complete and submit the Proposal Signature form and Requested Voluntary Information Regarding Proposer's Initial Employment Application Content form provided in the RFP Package. These forms must be signed by an authorized representative of the firm as defined below: When Proposer Is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall be accompanied by evidence of authority. When the Proposer is a partnership, the proposal shall be signed In the name of the partnership by a general partner or other person duly authorized to bind the partnership. The capacity and authority of the person signing shall also be given. When the Proposer is an individual or sole proprietorship, the proposal shall be signed by the individual owner, stating name and style under whicfl the Proposer is doing business. If the Proposer isdoing business under a fictitious name, the Proposer must submit a copy of Certificate of Registration with theFlorida Secretary of State. When the Proposer is a joint venture, each joint venturer must sign the proposal as hereinabove indicated. NOTE: Failure to submit the Proposal Signature Form executed or failure to submit the Proposal Signature Form in the proposal package will result In the proposal being non-responsive. NO EXCEPTIONS. • Tab 13. Per Section 12.14 Proposer's Criminal History Screening Practices. Include documentation under as referenced. • Tab 14. E-Verify Affidavit (Form 1} A properly completed, notarized E-Verify Affidavit must be Included with the sealed proposal; failure to do so will render the firm's proposal non-responsive and Ineligible for further consideration. Additional information regarding the State's E-Verify requirements can be found at: 531 34 • Tab 15. Communication Concerning This Solicitation (Form 2) Complete the form titled Communication Concerning This Solicitation. • Tab 16. Addenda Acknowledgement (Form 3) Use Form 3 to acknowledge receipt for all addenda (if any). The addenda will be posted at: The vendors must periodically visit the web page for addenda before the due date and before submitting a proposal. • Tab 17. Federal Compliance Complete the form titled Federal Compliance (Form 4) • Tab. 18. Exceptions to RFP • List ANY AND ALL exceptions to the RFP specifications in this section of proposal submission. Exceptions listed in other areas of the vendor's submission will not be considered. All exceptions will be vetted during the RFP process, and if found unacceptable, the vendor's proposal will be rejected and no longer considered for award. Exceptions shall be considered by the Evaluation Committee. The vendor's proposal may not be considered further if exceptions are unacceptable and/or cannot be clarified to the Committee's satisfaction. Vendors shall be notified in writing if exceptions are not acceptable. PLEASE NOTE: EXCEPTIONS TO THE RFP GENERAL PROVISIONS WILL NOT BE CONSIDERED, AND IF SUBMITTED WILL AUTOMATICALLY RENDER THE RESPONSE NON- RESPONSIVE. • VENDOR AGREEMENT/CONTRACT FORM : Exceptions also include the terms of any contract or other agreements which the vendor or any subcontractors will require to be executed by the City. • If there are no exceptions, vendor must include a statement for this Section stating the following: No Exceptions. 15. EVALUATION OF PROPOSALS 15.1 The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as directed by the Oty. However, it isanticipated that the review/evaluation process will be completed in a timely manner. A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The contract will be awarded to the most qualified Successful Proposer per the evaluation criteria listed below. EVALUATION CRITERIA Qualifications & Experience of Firm & Staff Understanding and Approach Service & Support Oient Work History Suitability of Proposed Equipment Proposal cost/ Revenue Share TOTAL POINTS MAXIMUM POINT VALUES 25 points 25 points 15 points 5 points 5 points 25 points 100 points 532 35 15.2 Application of WMBE and SLBE Evaluation Points. During the evaluation of proposals for WMBE and SLBE participation, the Equal Business Opportunity (EBO) Office will be responsible for assigning the points under these criteria. Points are determined per MBD Form 71(EBO Guidelines for Evaluation Points on Request for Proposals) which is attached to this RFP document. 15.3 Proposals will be evaluated and rated based on the criteria stated In this RFP, induding but not limited to the following: 15.3.1 Responsiveness of the Proposal to the scope of work. 15.3.2 Ability, capacity, and skill of the Proposer to perform the scope of work. 15.3.3 Experience of the business and individual members of the business in accomplishing similar services. 15.3.4 Responses of the client references. 15.3.5 Such other information that may be required or secured. 15.4 SHORT- LISTING The Evaluation Committee at its sole discretion may create a short-list of the highest scored proposals based on the preliminary evaluation against the evaluation criteria. Only those short-listed Proposers would be invited to participate in Interviews and/or presentations, demonstrations, or product testing. Upon conclusion of any interviews and/or presentations, demonstrations or product testing, the Evaluation Committee will finalize the scoring against the evaluation criteria. 15.5 INTERVIEWS/DEMONSTRATIONS If requested, Proposers may be required to participate in on-site interviews and conduct demonstrations to the City's Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the Proposer's proposed solution. Additionally, the Proposer's key personnel may be required to be in attendance during this process. Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. The interviews and demonstrations will be scored by the Evaluation Committee. Notwithstanding the possibility of a request for an on-site interview and demonstrations, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs Incurred for the interviews and the oral demonstrations are the responsibility of the Proposer. 15.6 The City reserves the following rights to: 15.6.1 Conduct pre-award discussion and/or pre-award negotiations with any or all responsive and responsible Proposers who submit proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers as it deems appropriate, including, but not limited to, a background investigation conducted by a law enforcement agency, or other approved agency. 15.6.2 Request that Proposer(s) modify its proposal to meet the needs of the City more fully, induding Best and Final Offer(s) (BAFO), or to furnish additional Information as the City may reasonably require. 533 36 15.6.3 Accord fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Such revisions may be permitted after submission of proposals and prior to award. 15.6.4 Negotiate any modifkations to a proposal that it deems acceptable, waive minor irregularities In the procedures, and reject any and all proposals. 15.6.5 Process the selection of the successful Proposer without further discussion. 15.6.6 Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do so. Toe City shall be the sole judge of Proposers' qualifications and reserves the right to verify all information submitted by the Proposers. Toe proposal selected will be that proposal which is judged to be the most beneficial to the City. 15.7 Financial statements. Toe City Representative reserves the right to request that Proposers submit their annual financial statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to submit a detailed business plan In addition to any pertinent information that would allow the City to evaluate the sufficiency of financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract. 16. ADDffiONAL CONTRACT TERMS 16.1 Basis of Award. A contract will be awarded to the most responsible and responsive Proposer whose proposal meets the needs of the City to the best degree. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. Prior to award resulting from this solicitation, the Successful Proposer shall be registered to transact business in the State of Florida and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business In the State of Florida may be a basis for rejection of the proposal. Any Proposer who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation. 16.2 Contract Term. Toe period of the contract shall be for three years from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for two additional two-year periods. 16.2.1 Supplemental Unilateral Renewal Periods. Toe City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City's intent to renew shall be provided by the City in writing to the Successful Proposer prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 16.3 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Successful Proposal in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year In which sufficient funds have been appropriated. 16.4 Contract Termination. When deemed to be in the best interest of the City, the City may cancel any award resulting from this specification by the following means: 10-day written notice with cause; or 30-day written notice without cause. 534 37 16.5 Addition/Deletion. The City reserves the right to add to or delete any service/item from this proposal or resulting agreements when deemed to be in the best interest of the Oty. 16.6 Proposal Prices. Prices quoted in the proposal shall indude any and all shipping costs, shipped F.O.B. Tampa, FL, or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the contract shall be paid by the Successful Proposer and shall be deemed to be included In the proposal. The laws of the State of Florida provide that sales tax and use taxes are payable by the Successful Proposer upon the tangible personal property incorporated in the work and such taxes shall be paid by the Successful Proposer and shall be deemed to have been induded in the proposal. The City is exempt from all State and Federal sales, use and transportationtaxes. Proposal prices indude all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Successful Proposer is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Successful Proposer shall indemnify, defend and save harmless the City, Its officers, agents and employees from any and all claims for Infringement by reason of the use of any such patented design, tool, material, equipment, or process, to beperformed under thecontract, and shall indemnify the said City, itsofficers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any Infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph Is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Successful Proposal, the Oty, and any Indemnified party. This provision shall survive the termination of this contract and shall continue In full force and effect so long as the possibility of any liability, daim or loss exists, unless otherwise prohibited by law. 16.7 Government Purchasing Council. Hillsborough County Government Purchasing Council ("GPC") members, may, at their discretion or option, utilize this proposal as they require. Estimated quantities for Hillsborough County GPC members have not been included in the solicitation. Purchases by these entitles may increase the value of the award. A list of the members of the GPC is contained within this solicitation document. Any Hillsborough County GPC member which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, and issue its own exemption certificates as required by the Proposer. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Successful Proposer asa result of this RFP. 16.8 Use of Contract by Other Governmental Agencies. Unless otherwise stipulated by the Successful Proposer in its proposal, the Successful Proposer agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document. Any other governmental agency, department, or municipality which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, and issue its own exemption certificates as required by the Proposer. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Proposer as a result of this solicitation. 16.9 Use of State Contract, GPC, Or Cooperative Purchasing Bids. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive sollcitation, which must provide for full and open competition for any items covered by this specification when the use of same is In the best Interest of the City of Tampa. 16.10 Payment. Full payment will be made by theCity after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, gt. �-, the Florida's Local Government Prompt Payment Act. Proposers that accept Visa/Mastercard payments can be enrolled in the City's ePayments program for faster payment turnaround, by contacting the City's Accounts Payable Department at acctspayable@tampagov.net. 535 38 16.11 Minimum Wage Amendment. The Successful Proposer shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida. The rate of wages for all persons employed by the Successful Proposer on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188). 16.12 Invoicing. The Successful Proposer shall furnish the City complete itemized invoices for work performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined tn this proposal itemizing parts, labor hours, materials, etc. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; • Company Name; • City work order number (if applicable); • Purchase order number; • Location and dates of work; • Cost of work as stated on Pricing/Proposal pages and extended price to reflect total cost. At the time of submission of its invoices, the Successful Proposer shall submit to the City a report on Form MBD-30, "DMI-Payments" of all sub-contracted amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Successful Proposer uses any WMBE and/or SLBE sub-contractors, the Successful Proposer shall provide form MBD-40 "Letter of Intent" (LOI) for all WMBE and/or SLBE sub-contractors the Successful Proposer Intends to utilize. • Form MBD-30-DMI Sub-(Contractors/Consultants/Suppliers) Payments • Form MBD-40 Letter of Intent (LOI) 16.13 Contract Changes. No changes, over the contract period, shall be permitted unless prior written approval is given by the Director of Purchasing and, an amendment to the Agreement is executed by the City and Contractor and approved by resolution of the City Council of the City of Tampa. 16.14 Assignment. To the extent permitted by applicable law, this contract, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this contract. Any attempted assignment of this contract by a party without the advance written approval of the other party shall be invalid and unenforceable against the other party. Any approved assignment of this contract by the Successful Proposer will not relieve the Successful Proposer from the performance of its duties, covenants, agreements, obligations, and undertakings under this contract, unless the assignment expressly provides otherwise. No assignment by the Successful Proposer shall be effective unless the assignee confirms in writing to the City that theassignee accepts and shall comply with all ofthe duties, responsibilities, and obligations of the Successful Proposer. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Successful Proposer's consent or approval) to a governmental successor of the City. An assignment by the City of its rights under thiscontract to a governmental successor of the City will relieve the City from the performance of itsduties, covenants, agreements, and obligations under this contract after the effective date of the assignment. However, the City shall continue to be liable for the obligations it incurred under this contract prior to the effective date of the assignment. Action by the City in awarding a proposal to a proposer, which has disclosed Its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purposes of this contract. In the event of such approved Sub-Contracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this contract, including but not limited to submittal of attached Schedule of Sub-Contracting forms, with the proposal response. • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliersto be Utilized - MBD 20 536 39 These forms must be completed <including signatures} and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed "non-responsive". Instructions on completing the forms are Included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer. 16.15 Default/Re-award. Any contract resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Successful Proposer upon non-performance or violation of contract terms, including the failure of the Successful Proposer to deliver materials or services within the time stipulated in this specification,unless extended in writing by the Director of Purchasing. In the event a contract is cancelled because of thedefault of the Successful Proposer, the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next best Proposer and establish the period of such contract, provided such period is no longer than the contract period set forth in this specification. 16.16 Convicted Vendor List (Public Entity Crime). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for category Two ($10,000.00 and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)J 17. NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa. The Successful Proposer shall comply with the following Statement of Assurance: During the performance of this contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rlghts Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Successful Proposer's employees or applicants for employment. Successful Proposer understands and agrees that this contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. Successful Proposer further acknowledges and agrees to provide the City with all Information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors In connection with this contract. Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5. Per City of Tampa Code of Ordinances, Section 2-284, Bidder(s) are requested to provide information as to whether Proposer(s) has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The City of Tampa's municipal codes are published onllne by the Municipal Code Corporation at the website link https://www.municode.com/library/f1/tampa/codes/code of ordinances. 537 40 18. INSURANCE. This contract is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this RFP document which should be reviewed for complete insurance details and coverage requirements. End of Section II 538 SECTION III. PROPOSER'S AFFIDAVIT AND PROPOSAL SIGNATURE FORMS 41 PROPOSER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFAANT'S NAME (Person's Name) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Proposer in the matter at hand, as follows: 1. That the Proposer, if a natural person, is of lawful age. 2. That if the Proposer is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Proposer ls operating under a fictitious name, Proposer has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Proposer has not submitted a rigged proposal, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this RFP with any other natural person, partnership, corporation or other entity making a proposal for the same purpose. The Proposer has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Proposer has participated in any collusive, deceptive, or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Proposer. The contract let under such circumstances shall be deemed invalid. 6. That the Proposer is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County, or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation, or business of which he/she is a stockholder or holds office, shall receive any substantial benefit, or profit out of the contract to this Proposer; nor does the Proposer know of any City officer or employee having any financial interest In assisting the Proposer to obtain, or in any other way effecting, the award of the contract to this Proposer. 8, That, by submitting this proposal, the Proposer certifies that he/she has fully read and understands the RFP method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this proposal, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Proposer is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Proposer is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Proposer to civil penalties, attorney's fees, other costs, and termination of any contract that is awarded. The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 539 FURTHER AFFIANT SAYETH NOT. 42 Proposer: Complete the applicable acknowledgement for an Individual Acting in His/Her Own Right or an Entity (by type): FOR AN ENTITY State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of D physical presence or D online notarization this day of 20 . by , as ,o f aDPartnership, D Joint Venture, D Corporation, D Limited Liability Company (LLC) or D Other on behalf of such entity. Such Individual is personally known to me or has produced identification. Type of identification produced: Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed, or stamped Commissioned name of notary public Printed or typed name of Affiant FOR ANINDIVIDUAL ACTING IN HIS/HEROWN RIGHT Expires: Commissioned name of notar ublic 540 43 PROPOSAL SIGNATURE FORM FOR AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT In compliance with this RFP and to all the conditions imposed herein, the undersigned offers and agrees to provide RFP# 61122923, AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, in accordance with the attached signed proposal, or as mutually agreed upon by subsequent negotiation. This completed Proposal Signature form must be submitted with the Proposer's written proposal and will become a part of any agreement that may be awarded. This Proposal Signature Form must be signed by an authorized representative, as defined in Section II. General Conditions, Subsection 14. Content of Proposal of this RFP. If the Proposal Signature Form is not signed by an authorized represe ntative (accompanied by evidence of authority) or submitted with the proposal, the proposal is considered non- responsive. Please type or print: Name of Firm:------------------------------------- Address: Oty: State: Zip: Contact Person: litle: _ Federal ID #.: Telephone No.: Email: Type Organization: [ ] Individual [ ) Partnership [] Small Business [ ] Corporation [ ) Non-Profit [ ] LLC [ ] Joint Venture Attach copies of all such licenses. permits or certificates issued to the business entity. Business is licensed, (unless exempt by applicable law) permitted or certified to do business in the State of Florida: [ ] Yes [ ] No. License# _ Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business (WMBE) or small business enterprise (SLBE) with any government agency? [ ) Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Sub-Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the proposal. By signing this Proposal Signature Form, the Proposer complies with all of the requirements of the RFP package including but not limited to Communication Policy and City of Tampa Ethics Code contained in SECTION II. GENERAL CONDITIONS. NOTE: When Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name In full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporationshallbe accompaniedbyevidenceof authority, Authorized Signature: Date...,_: 541 44 SECTION IV. SUB-CONTRACTING FORMS AND PAYMENT FORM � Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 1 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) {FORM MBD-10) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFm ENFORCEMENT. BEP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ) No Firms were contacted or solicited for this contract. [ ) No Firms were contacted because: [ )See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note; Form Mep-10 must list ALL subcontractors solicited including Non-minority/smallbusinesses NIGP Code Categories: Buildings = 909, General = 912, Heavy= 913, Trades = 914, Architects= 906, Engineers & Surveyors = 925, Supplier= 912-77 S = SLBE W=WMBE 0 = Neither Type of Ownership (F=Female M=Male) Trade or Services Contact Quote Federal ID Company Name Address Phone, Fax, Email BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native Am. NIGP Code (listed above) Method L=Letter F=Fax E=Email P=Phone or Response Received Y/N CF CM = Caucasian It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub--<:ontracting opportunities on this contract. Signed: Name/lltle: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal MBD 10 rev./effective 02/2016 542 45 Page 2 of 4 - DMI Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) Solicited Form (Form MBO-10) This form must be submitted with all proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. • Contract No. This is the number assigned by the City of Tampa for the proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the proposal. • Contractor Name. The name of your business and/or doing business as {dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Firms were contacted or solicited for this contract. Checking the box indicates that a pre-determined Subcontract Goal or Participation Plan Requirement was not set by the City resulting in your business not using subcontractors and will self-perform all work. If during the performance of the contract you employ subcontractors, the City must pre-approve subcontractors.Use of the"Sub-(Contractors/Consultants/Suppllers) Payments" form (MBD Form-30) must be submitted with every pay application and Invoice. Note: Certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors. • No Firms were contacted because. Provide brief explanation why no firms were contacted or solicited. • See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the form. All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form- 10 included. The following instructions are for information of any and all subcontractors solicited. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as either Women/Minority Business Enterprise; "O" = Non-certified others. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This Information is critical in proper identification and payment of the contractor/subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials indicate the trade, service, or materials provided by the subcontractor. NIGPcodes aka "National Institute of Governmental Purchasing" are listed at top section of document. • Contact Method L=letter, F=fax, E=Email, P=Phone. Indicate with letter the method(s) of soliciting for bid. • Quote or Resp. (response) Rec'd (received) Y/N. Indicate "Y" Yes if you received a quotation or if you received a response to your solicitation. Indicate "N" No if you received no response to your solicitation from the subcontractor. Must keep records: log, ledger, documentation, etc. that can validate/verify. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 543 46 Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 3 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of All To-Be-Utilized Sub-(Contractors/Consultants/Suppliers) {FORM MBD-20) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: .Address: Federal ID: Phone: Fax: Email: _ Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To-Be-Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: _ NlGP Code General Categories: Buildings= 909, General= 912, Heavy= 913, Trades= 914, Architects= 906, Engineers & SuNeyors = 925, Supplier= 912·77 Total ALL Subcontract / Supplier Utilization $ Total SLBE Utilization$ _ Total WMBE Utilization$ _ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. % It is hereby certified that the following information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. Signed: Name{Title: Date: Failure to Complete. Siao and submit Both Forms 10 & 20 SHALL render the Proposal Non-Respons;ve Forms mustbe included with Proposal, MBD 20 rev,/effective 02/2016 Enter•s-for fnns Certlned as Small Local Business Ent ·ses •w• for firms Certified as W •o•for Other Non-Certified Listed above $ Amount of Quote. Letter of Intent (LOI) If available Percent of or Contract % - JJ j ope Federal ID HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CFCM = caucaslan Company Name Address S=SLBE O=Neither 544 47 Page 4 of 4 DMI - Solicited/Utilized Instructions for completing The Sub-{Contractors/Consultants/ Suppliers) to be Utilized Form (Form MBD-20) 7111s form must be submitted with all bids or proposals. All subcontractors {regardless of ownership or size) protected to be utilized must be lnduded on this form. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This Is the number assigned by the City of Tampa for the bid or proposal. • Contract Name. This Is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business and/or doing business as (dba) If applicable. • Address. The physical address of your business. • Federal ID. AN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Subcontracting/consulting {of any kind) will be performed on this contract. Checking box Indicates your business will not use subcontractors when no Subcontract Goal or Participation Plan Requirement was set by the City but will self-perform all work. When subcontractors are utilized during the performance of the contract, the "Sub-{Contractors/Consultants/Suppliers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified SL.BE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors, including completion and submitting Form-10 and Form-20. • No Firms listed To-Be-Utilized. Check box; provide brief explanation why no firms were retained when a goal or participation plan requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach (GFECP) requirements applies (MBD Form-SO) and supporting documentation must accompany the bid. • See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or If you have supplemental information/documentationrelating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these Instructions. The following instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. AN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as Women/Minority Business Enterprise; "O" = Non-certified others. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at http:/www.tampaqov.net/mbd"Information Resources". • Amount of Quote, Letters of Intent (required for both SLBEs and WMBEs). • Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only (i.e., Consultant A/E Services) you must indicate subcontracts as percent of total scope/contract. • Total Subcontract/Supplier Utilization. - Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). • Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Total WMBE Utilization. Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization. Total amount allocated to WMBEs divided by the total bid/proposal amount. For additional information visit the Equal Business Opportunity Office website at www.tampaqov.net/ebo 545 48 • City of Tampa - DMI Sub-(Contractors/Consultants/Suppliers) Payments [ ] Partial (FORM MBD-30} [ ] Final Contract No.: 24-P-00227 WO#,(if any): Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Contractor Name: Address: _ Federal ID: Phone: Fax: Email: _ GC Pay Period: Payment Request/Invoice Number: City Department: Total Amount Requested for pay period:$. Total Contract Amount (including change orders):$. \-Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM= Asian Am., NF NM� Native Am.. CF CM = caucasian S = SLBE Type Company Name Address Phone & Fax Total Subcontract Or PO Amount Amount Paid To Date Amount To Be Paid Trade/Work Activity []SUb flSUoolier Amount Pending Previously Reoorted For This Period Sub Pay Period Ending Date Federal ID $ $ $ $ $ $ $ $ $ $ $ $ Certification: I hereby certify that the above information is a true and accurate account of payments to subcontractors/consultants on this contract. Signed: Name{ntle: Date: (Modifying This Form or Failure to Complete and Sign May Result in Non-Compliance) DMI form 30 (rev. 10/01/12) 546 49 Note: Detailed Instructions for completing this form are on the next page 547 50 Instructions for completing The DMI Sub- (Contractors/Consultants/ Suppliers) Payment Form (Form MBD-30) This form must be submitted with all invoicing or payment requests where there has been subcontracting rendered for the pay period. If applicable, after payment has been made to the subcontractor, "Waiver and Release of Lien upon Progress Payment", "Affidavit of Contractor in Connection with Anal Payment", or an affidavit of payment must be submitted with the amount paid for the pay period. The following will detail what data Is required for this form. The instructions that follow correspond to the headings on the form required to be completed. (Modifying or omitted information from this form my result in non-compliance). • Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • W.0.# If the report covers a work order number (W.O.#) for the contract, please indicate it in that space. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business. • Address. The physical address of your business. • Federal ID. A number assigned to a business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • Pay Period. Provide start and finish dates for pay period. (e.g. 05/01/13 - 05/31/13) • Payment Request/Invoice Number. Provide sequence number for payment requests. (ex. Payment one, write 1 in space, payment three, write 3 in space provided.) • City Department. The City of Tampa department to which the contract pertains. • Total Amount Requested for pay period. Provide all dollars you are expecting to receive for the pay period. • Total Contract Amount (including change orders). Provide expected total contract amount. This includes any change orders that may increase or decrease the original contract amount. • Signed/Name/Title/Date. This is your certification that the information provided on the form is accurate. • See attached documents. Check If you have provided any additional documentation relating to the payment data. Located at the bottom middle of the form. • Partial Payment. Check if the payment period is a partial payment, not a final payment. Located at the top right of the form. • Final Payment. Check of this period is the final payment period. Located at the top right of the form. The following instructions are for information of any and all subcontractors used for the pay period. • (Type) of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business or SLBE. • Trade/Work Activity. Indicate the trade, service, or material provided by the subcontractor. • Subcontractor/Subconsultant/Supplier. Please indicate status of firm on this contract. • Federal ID. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Total Subcontract Amount. Provide total amount of subcontract for subcontractor including change orders. • Amount Paid To Date. Indicate all dollars paid to date for the subcontractor. • Amount Pending, Previously Reported. Indicate any amount previously reported that payments are pending. • Amount To Be Paid for this Period. Provide dollar amount of dollars requested for the pay period. • Sub Pay Period Ending Date. Provide date for which subcontractor Invoiced performed work. Forms must be signed and dated or will be considered Incomplete. The company authorized representative must sign and certify the information is true andaccurate. Failure to sign this document or return the document unsigned can be cause for determining a company is in non-compliance of Ordinance 2008�89. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 548 51 City of Tampa Official Letter of Intent (Form MBD-40) A Letter of Intent is required for each WMBE/SLBE listed on the Schedule of Subcontractors to be Utilized (MBD 20 Form). Letter of Intent must be signed by both the Proposer and WMBE/SLBE firm. Proposal/Contract Number: _ Proposal/Contract Name: A. To be completed by the Proposer Name of Bidder: _ Address:-------------------------------- Contact Person: Telephone: Fax: _ Email:--------------------------------- 8. Tboceomplete d by WMBE/SLBE Name of WMBE/SLBE: Address:-------------------------------- Contact Person: Telephone: Fax: _ Email: c. Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids, identify to which bid line item the WMBE/SLBE's work scope or supply corresponds: D. Cost of work to be performed by WMBE/SLBE: E. Cost of work to beperformed by WMBE/SLBE as a percent of total City contract amount: $ _ Proposer certifies that it intends to utilize the WMBE/SLBE listed above, and that the work described above is accurate. Proposer will provide City with copy of the related subcontract agreement and/or purchase order prior to commencement of the WMBE/SLBE's work. The WMBE/SLBE firm certifies that it has agreed to provide such work/supplies for the amount stated above. Proposer: Date: Signature and Title WMBE/SLBE Firm: Date:------ Signature and Title Rev. 10/12/12 MBD 40 549 52 Official Letter of Intent Instructions City of Tampa Equal Business Opportunity Program Toe Official Letter of Intent must be submitted to the soliciting department within ten (10) workdays of the RFP opening, prior to award. Not providing all letters of Intent within the prescribed time frame may be caused to delay award or dedare the bid to be non-responsive. Proposal/ContractNumber- Please provide proposal/contract number provided by City of Tampa procuring department. Proposal/ContractName - Please provide proposal/contract name provided by City of Tampa procuring department. To be Completed by the Proposer - Please provide prime contractor or proposers detailed company information as indicated. To be completed by the WMBE/SLBE - Please provide WMBE/SLBE subcontractor detailed company information as indicated. Proposer is to Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids identify, which bid line item the WMBE/SLBE's scope of work or supply corresponds - Please provide details of the services or supplies the WMBE/SLBE will provide. Cost of work to be performed by WMBE/SLBE - Provide agreed upon estimate of work or supplies total price (Unit prices are accepted if specific quantities have yet to be determined). Proposer - Signature of authorized agent for the prime contractor or Proposer with date signed. WMBE/SLBE firm - Signature of authorized agent for the WMBE/SLBEsubcontractor or supplier with date signed. Contract Confirmation - A copy of the executed subcontract agreement and/or purchase order with the WMBE/SLBE must be filed with the City of Tampa immediately upon execution and/or prior to commencement of work by WMBE/SLBE. 550 53 Underutilized WMBE Primes by Industry Category Underutilized WMBE Sub-Contractors/ Sub-Consultants Black Black Asian Native Am. Native Am. Woman Woman Construction Construction- Related Professional Non-Professional Goods Black Asian Black Black Black Hispanic Native Am. Hispanic Asian Hispanic Native Am. Woman Woman Asian Native Am. Native Am. Asian Native Am. Woman Woman Policy The Guidelines apply to formal procuremenl5 and solicitations. WMBE participation will benarrowly-tailored. Index • Black= Black/African-American Business Enterprise • Hispanic= Hispanic Business Enterprise • Asian =AsianBusiness Enterprise • Native Am.= Native American Business Enterprise •Woman= Woman Business Enterprise (Caucasian) lndust ry Categories Constructionis defined as: new construction, renovation, restoration, maintenance of public improvements and underground utiIi ties. Construction-RelatedSeryjcesare defined as: architecture, professionaI engineering, landscape architecture, design bui Id, construction management services, or registered surveying and mapping. Professional Serylcesare defined as:attorney, accountant, medical doctor, veterinarian, miscellaneous consultant, etc. Non-ProfessionalServices a redefined as: lawn maintenance, painting, Janitorial, printing, hauling, security guard, etc. � are defined as: all supplies, materials, pipes, equipment, machinery, appliances, and other commodities. MBD Form-70 551 EBO Guidelines for Evaluation Points on Request for Proposals 54 Points Pursuant to Designated Industry Category: Non-ProfessjonalServices FORM MBD-71 (Refer to MBD Form 70) Evaluation Criteria Point Values A. Underutilized WMBE Firms participating as the Prime Contractor (City of Tampa Certified Only) 20 8. City of Tampa Certified SLBE firms participating as the Prime Contractor, which include City of Tampa Certified WMBE/SLBE sub-(contractor, consultant) participation 5 - 15 C. Non-City of Tampa Certified WMBE/SLBE Prime Contractor with meaningful sub-(contractor, consultant) participation by City Certified Underutilized WMBE and/or SLBE firms 1-15 D. * External agency WMBE/SLBE/DBE certifications recognized by City of Tampa for designated RFP, RFQ, RA solicitations 0-7 NOTE: The maximum points available for WMBE and/or SLBE participation will not exceed twenty {20) Points are determined as follows (Requires Form 50-GFE): A. A maximum of twenty (20) rating points may be awarded when the Proposer is a City of Tampa Certified WMBE firm deemed underutilized within the industry category established by the RFQ. B. A maximum of fifteen (15) rating points may be awarded when the Proposer is a City of Tampa certified SLBE with meaningful participation by City certified WMBE/SLBE sub- contractors/consultants. c. One to Fifteen (1-15) rating points may be awarded when the Proposer is not a City of Tampa certified WMBE/SLBE prime contractor but utilizes either Underutilized WMBE and/or SLBEcertified firm(s) as sub- contractors/consultants and assigned to perform meaningful segments ofthe contractual serv1ces detailed herein and documented on the enclosed MBD Form 10-20. D. A maximum of seven (7) "discretionary" rating points !llilY be awarded when the Proposer provides WMBE/SLBE participation from an external agency recognized by the City. Discretionarypolntsmay be awarded for ancillary participation (see definition). The point values for ancillary participation may be subordinate to weighted values outlined in categories A, B and Cabove. NOTE: *WMBE participation is narrowly tailored (per policy) to target underutilization of affected groups in specific trade/Industry categories. Any WMBE/SLBE achievement that was not designated on MBD Form 70 ls considered ancillary. Ancillary participation may be counted with overall participation and credited to your rating points when underutilization criteria are met. The maximum number of points available for WMBE and/or SLBE participation will not exceed a total of twenty (20) points. 552 EBO Guidelines for Evaluation Points on Request for Proposals 55 Such Inclusion shall l:.eclearly addressed and documented utilizing Forms MBD 10 & 20. Proof of certification shall include copies of current certification certificates. In order to ensure the maximum points, a proposermust clearly identify and quantify its planned participation without ambiguity. Simply marking "To Be Determined" (TBD) will not satisfy this requirement and may receive significantly lower ratings. Finally, additional favorable consideration will be granted to the firm(s) that beyond all others, provide(s) the highest relevant and most binding participation. The evaluation includes but is not limited to the following criteria: • Diversity of WMBE/SLBE subcontractors listed to be utilized (MBD Form 20) • Percentage of proposal/scope committed to WMBE/SLBE subcontracting • The collective factors in determining the total points awarded will be based on the overall welghtof evidence In the proposal that specified the participation. In all cases, the Proposer and/or subcontractor(s) must be WMBE and/or SLBE certified prior to theopening date and time of the RFP to be eligible to earn WMBE/SLBE rating points. The evaluation process of WMBE and SLBE participation will be evaluated by the City of Tampa's Office of Equal Business Opportunity. The Successful Proposer will be required to execute MBD Form 40 (Letter oflntent-LOI) with their subcontractors/sub-consultants prior to award. 553 56 ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa's (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. Toe following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer's response to the City's RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 14. Content of Proposal. MANDATORY REQUIREMENTS TAB 1 ADDENDA TAB 2 FLORIDA PUBLIC RECORDS LAW ATTACHMENT B. Form Is filled out and executed. TAB 3 CONFLICT OF INTEREST ATTACHMENT C. Form is filled out and executed. PAGE NUMBER IN PROPOSAL TAB 4 RESPONSE TO PROPOSAL TAB 5 SECTION 1, SCOPE OF SERVICES TAB 6 REFERENCES TAB 7 GENERAL STATEMENT OF EXPERIENCE TAB 8 GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC.... TAB 9 SECTION IV. SUB-CONTRACTING FORMS Form MBD 10 - Solicited Form is filled out and executed. Form MBD 20 - Utilized Form is filled out and executed. Failure to submit these forms shall result in your bid being deemed as"non-responsive" TAB 10 COMPENSATION SECTION III. PROPOSER'S AFFIDAVIT FORM (TAB 11) Form is filled out, executed and notarized. SECTION III. PROPOSAL SIGNATURE FORM (TAB 12) Form is filled out and executed. TAB 13 Proposer's Criminal History Screening Practices, documentation if applicable Proposal Is submitted In the format required under 554 57 Section 14. Content of Proposal? 555 58 Respondent's Statement Regarding Respondent's Criminal History Screening Practices: D The Respondent hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices. D The Respondent hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices; however, Proposer has Criminal History Screening practices similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. D The Respondent hereby applies for applicable discount or Incentive related to Section 2-284 Bidder's Criminal History Screening Practices. The following documentation and assurances are provided: _ Notarized past employment analysis that includes the number of disadvantaged workers the Respondent has hired in the past, or, if the Respondent has never hired a disadvantaged worker, an explanation that the Respondent made a good faith effort to hire a disadvantaged worker: and, _ An estimate of the number of disadvantaged workers that the Respondent has hired or plans to hire if the Respondent is awarded the project; and, _ Evidence that the Respondent's recruitment literature and employment policy does not include language that is disadvantageous to a disadvantaged worker. _ Identifies, [ ] hereon [ ]in attached document, potential job opportunities under the project that may be available for disadvantaged workers if the City awards the Respondent the project; and, _ Agrees to consider for job placement at least one otherwise qualified disadvantaged worker, to the extent a job opportunity is available, if and after the Respondent is awarded the project; or _ The Respondent currently employs a percentage of disadvantaged workers consistent with industry standards as determined by the director of the soliciting department or designee. 556 59 ATTACHMENT B - PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION As a Proposer, any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by any person. In Florida "public records" are defined as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made, or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119.011(11), F.S, A document Is subject to personal inspection and copying unless ft falls under one of the public records exemptions created under Florida law. Please designate what portion of your proposal, If any, qualifies to be exempt from inspection and copying: Note: Execute either section I. orII., but not both: Proposer may not modify language. Information regarding the Florida Public Records Law can be located in the RFP under Section II. General Conditions. Section 1. General Information. Subsection 14.4 Florida Public Records Law. I. NO EXEMPTION FROM PUBLIC RECORDS LAW No part of the proposal submitted is exempt from disclosure under the Florida public records law, Ch. 119, F.S. Proposer's Signature Date II. EXEMPTIOM FROM PUBLIC RECORDS LAW AND AGREEMENT TO INDEMNIFY AND DEFEND THE CITY OF TAMPA The following parts of the proposal submitted are exempt from disclosure under the Florida public records law because: (list exempt parts and statutory citation): By claiming that parts of the proposal are exempt from the public records law, the undersigned Proposer agrees to protect, defend, indemnify, and hold the City of Tampa, Its officers, employees, and agents free and harmless from and against any and all claims arising out of a request to inspect or copy the proposal. The undersigned Proposer agrees to investigate, handle respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the City of Tampa and agrees to bear all other costs and expenses related thereto, even if they (claims, etc.) are groundless, false, or fraudulent. Proposer's Signature Date 557 ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM 60 For purposes of determining any possible conflict of interest, all proposers, must disdose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate family means spouse, parents and children of the person involved. **Gose personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual Involvement where the parties have no Intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees Involved. Persons involved in a dose personal relationship shall be referred to as a "dose personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO NAME(S) / POSITTON(S) FIRM NAME: _ BY (PRINTED NAME): _ BY (SIGNATURE): _ TITLE: _ DATE: 558 ATTTACHMENT D 61 GPC LISTING City of Plant City Purchasing Manager Drawer C Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax City of Temple Terrace P.O. Box 16930 Temple Terrace, FL 33687 813-506-6420 - Telephone 813-989-7185 - Fax Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor P.O. Box 1110 Tampa, FL 33601 Phone: (813) 276-8100 Ext.7721 FAX: (813) 272-5521 www.hillsclerk.com Tampa-Hillsborough County Expressway Authority 1104 East Twiggs St. Suite #300 Tampa, Florida 33602 813-272-6740 - Telephone 813-276-2492 - Fax Hillsborough Area Regional Transit Authority 4305 E. 21st Street Tampa, FL 33605 813-623-5835 -Telephone 813-664-1119 - Fax Hillsborough Co. Aviation Authority P. 0. Box 22287 Tampa International Airport Tampa, FL 33622-2287 Phone: (813) 870-8730 FAX: (813) 875-6670 www.tampaairport.com Hillsborough Community College 39 Columbia Drive Tampa, FL 33606 813-253-7060 -Telephone 813-253-7561 - Fax Hillsborough County Board of County Commissioners 601 E. Kennedy Blvd., 25th Floor Tampa, FL 33601 Phone: (813) 272-5790 FAX: (813) 272-6290 procurementservices@hlllsborouqhco unty.org Hillsborough Co. Sheriff's Office P.O. Box 3371 Tampa, FL 33601 813-247-8032 - Telephone 813-242-1825 - Fax State Attorney's Office 800 E. Kennedy Blvd., 5th Floor Tampa, FL 33602 813-272-5400 - Telephone 813-272-7014 - Fax Tampa Port Authority P.O. Box 2192 Tampa, FL 33601 813-905-5164 - Telephone 813-905-5109 - Fax Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 276-8274 FAX: (813) 272-7043 www.votehillsborough.org Tampa Sports Authority 4201N. Dale Mabry Highway Tampa, FL 33607 813-673-4300 -Telephone 813-673-4312 - Fax Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Phone: (813) 307-6222 FAX: (813) 307-6521 www.hillstax.org The Children's Board of Hills. County 1002 E. Palm Avenue Tampa, FL 33605 Phone: (813) 229-2884 FAX: (813) 228-8122 www.childrensboard.org University of South Florida Purchasing Services 4202 E Fowler Ave SVC-1072 Tampa, FL 33620 813-971-3340 -Telephone Property Appraiser 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 272-6100 FAX: (813) 272-5519 www.hcpafl.org Tampa Palms Community Dev. Dist. 16311 Tampa Palms Blvd W Tampa, FL 33647 Phone: (813) 977-3933 Fax: (813) 977-6571 www.tpoa.net 559 Hillsborough County School Board City of Tampa Housing Auth. 62 P. 0. Box 3408 Tampa, FL 33601-3408 Phone: (813) 272-4329 FAX: (813) 272-4007 www.sdhc.k12.fl.us 1514 Union Street Tampa, FL 33607 813-253-0551 - Telephone 813-4522 - Fax 560 EXHIBIT 1- CITY OF TAMPA INSURANCE REQUIREMENTS 63 Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors(which term includes sub-consultants, as applicable) of any tier subject to the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, induding without limitation Firm's obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response to a potential claim, litigation, etc. The following coverages are required: ("M" indicates million(s), for example $1M is $1,000,000) A. Commercial General Liability CCGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an "occurrence" basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal, and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement's value. If a general aggregate limit applies, it shall apply separately to the project/location(ISO CG 25 03 or 25 04 or equivalent). 8. Automobile Liability (AL} Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent). C. Worker's Compensation (WC} & Employer's Liability Insurance for all employees engaged under the Agreement, Worker's Compensation as required by Florida law. Employer's Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements. D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC. Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-: VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. 561 64 ADDmONAL INSURED - City, its elected officials, departments, officers, officials, and employees shall be covered as additional insureds on all liability coverage (e.g., CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or op erations performed by or on behalf of Firm induding materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used). CANCELLATION/NON-RENEWAL - Each Insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days' notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm's receipt from its insurer of any notices of same. If any policy's aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City's notice (or Award contact) address as stated in the Agreement with a copy to the following: (1) Purchasing Department, 306 E Jackson Street, Tampa, FL 33602 (2) Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096 CERTIFICATE OF INSURANCE (COi) AND ENDORSEMENTS - to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COi at least 30 days before expiration to the above address(es). COis shall specifically Identify the Agreement and its subject (project, lease, etc,), shall be sufficiently comprehensive to ensure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors' acts or omissions, and as to permit the Qty to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida. CLAIMS MADE - If any liability insurance is issued on a daims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder. DEDUCTIBLES/ SELF-INSURED RETENTIONS (SIR) - must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City's option being guaranteed, reduced, or eliminated (additionally if an SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with an SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, Qty may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE - All insurance policies shall be fully performable in Hillsborough County, Florida {the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County. PRIMARY POLICIES - Firm's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the Firm's insurance and shall not contribute with it. UNAVAILABILITY - To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all its right, title, and interest (but not any liabilities or obligations) under any applicable policies of insurance. WAIVER OF SUBROGATION - With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. Revised 10/5/2022 562 Request for Proposal Automated Speed Detection for School Zone Safety Enforcement RFP No. 61122923 April 15, 2024 Redacted Copy Prepared for: City of Tampa Submitted by: Verra Mobility 1150 North Alma School Road Mesa, Arizona 85201 Phone: 480.443.7000 Fax: 480.596.4501 ���� V A VERRA --a�.,.-, MOBILITY - 563 VERRA MOBILITY Request for Proposal Automated Speed Detection For School Zone Safety Enforcement RFP No. 61122923 Date: April 15, 2024 Prepared for: City of Tampa Submitted by: Verra Mobility 1150 North Alma School Road Mesa, Arizona 85201 Phone: 480 .443.7000 Fax: 480.596.4501 www.verramobility.com Point of Contact: Placido Diaz Senior Account Manager Cell: 689.777.9609 Fax: 480.596.4501 Placido.Diaz@verramobility.com The following proposal may contain proprietary and trade secret information Including but not limited to processes, unique features, instructions, and conceptualizations that are the sole property of Verra Mobility. Pages containing such information that may be exempt from public disclosure are identified by the red "Proprietary and Confidential" stamp. The descriptions of the Verra Mobility solutions and services included In this proposal are based on our current practices. We strive to improve the solutions and services that we deliver to our customers, and as a result, we reserve the right to modify our solutions and services from time to time so long as we continue to meet the terms and conditions of our agreement with you. ©2024 Verra Mobility 564 VERRA MOBILITY� April 11, 2024 DeAnna Faggart, NIGP-CPP, CPPO, Director Purchasing Department City of Tampa 2555 East Hanna Ave Tampa, Florida 33610 Office (813) 274-8351 Fax: (813) 274-8355 Re: Response to Automated Speed Detection for School Zone Safety Enforcement, RFP#61122923 Dear DeAnna Faggart: American Traffic Solutions, Inc. doing business as Verra Mobility (Verra Mobility)1, shares the City of Tampa's desire to implement a success ful speed detection system to lower the amount of speeding in the City and make roadways safer for the children and all that pass- through school zones every day. We are pleased to present this proposal in response to the City's RFP No. 611122923 - Automated Speed Detection for School Zone Safety Enforcement. Verra Mobility has installed, maintained, and operated automated enforcement systems for more than 20 years with industry-leading technology that positively impacts driver behavior and enhances road safety. Our company has been photo enforcement safety partners for clients throughout Florida for more than 15 years. We currently partner with the City of Tampa as your full-service red light provider. We are the only vendor who brings more than 13 years of proven automated enforcement experience within the City delivering a model program that has resulted in substantially safer streets. With over 1,700 employees among all affiliates, our team offe rs abundant resources, including account managers, implementation specialists, engineers, solution architects and developers, and IT. We look forward to continuing our strong partnershi p with the City. The following is an overview of why Verra Mobility Is the best choice for the City of Tampa. History of Verra Mobility Verra Mobility was incorporated in 1992 as Traffic Electronics Corporation. In 2003, the company changed its name to American Traffic Solutions, Inc., to begin operating as a photo enforcement co mpany, and relaunched as Verra Mobility in 2018. In 2021, VM Consolidated, Inc., parent company of American Traffic Solutions, Inc., acquired Redflex Holdings Limited (now known as Redflex Holdings Pty Ltd) to accelerate its portfolio of 1 VM Consolidated, Inc., direct parent company to American Traffic Solutions, Inc. acquired Redflex Holding Limited (now known as Redflex Holdings Pty Ltd) in June 2021. American Traffic Solutions, Inc. and Redflex Holdings Pty Ltd and their subsidiaries operate as one business unit of Verra Mobility Corporation, our ultimate parent company. Verra Mobility Corporation is a public company registered with the U.S. Securities and Exchange Commission with its shares traded on Nasdaq under the trading symbol VRRM. 565 Letter to the City of Tampa 4/11/2024 Page 2 innovative transportation solutions that it can offer to communities around the globe looking to build safer cities. Today, Verra Mobility is an established leader in developing and implementing intelligent traffic management products and services. These Include speed camera, red light camera, and school bus stop-arm camera systems, all of which use advanced sensor and image capture technologies that enable the active management of state and local motorways. We continuously drive the latest innovations within the ever -evolving smart mobility industry. Qualifications and Experience Together with our affiliates, our traffic safety programs encompass more than 9,000 speed, red-light, stop-arm, and bus lane safety cameras across the United States and Canada. Of equal importance to our experience is our reputation with our clients, which the City can confirm by contacting our references . In addition to our qualifications and experience with photo enforcement programs, Tampa can count on our financial strength and willingness to implement new technology in support of the program. Verra Mobility Corporation, the ultimate parent company of Verra Mobility, is a financially stable company that has the resources for Verra Mobility's Government Solutions division to implement and support the County's program. We have also assigned a team with heavy experience working in Florida led by a Director of Account Management who has personally served all of our state safety partners for the past 12 years. Our resources are centrally located and perfectly positioned to provide service and support Tampa. Highlights of Our Proposal Int, atf- no led E' o 011d Ph to n c. r n I rou a, Verra Mobility has previous contracting experience with Tampa and currently supports photo enforcement programs in ten counties in the State of Florida, including three separate accounts within Broward County for Davie, Sunrise, and West Park. Our proposed Director of Account Management, Orlando Torres, is located in Broward County and brings more than 16 years of applicable experience supporting similar programs in the state. Orlando is supported by a full team of experts and subcontractors, many of whom are based In the state and are positioned to provide immediate service. nduslty ..ead1 g rna mg Techt ology. The proposed solution is based on an in- depth understanding of speed enforcement and operation in the State of Florida. Our tailored system will provide Tampa with a high-quality, high-value solution for all school zone enforcement purposes that have been outlined In the RFP. With advanced radar technology, multiple high -definition range cameras, and high resolution 1080p video cameras, our systems use advanced imaging capabilities to deliver reliably clear Imaging in all light and weather conditions. Supetic l ehicle De ec\1or • Our solution uses proprietary radar algorithms that successfully distinguish between similar types of vehicles, vehicles traveling at the same speed and vehicles that are closely clustered, which allows for the independent capture of more simultaneous events. As a result, we can successfully track more vehicles across more lanes of traffic leading to greater event capture and greater safety Improvements. Rob s c..k-O , c li"t o m: We have drawn on our and our affiliates' decades of experience in photo enforcement, case management processing, and operational experience 566 Letter to the City of Tampa 4/11/2024 Page 3 with agencies in hundreds of jurisdictions around the world to deliver our robust back-office platform. The City currently utilizes our back office system on your red light program, so choosing Verra Mobility would result in a proven system familiar to your staff. This leads to lower risk and more efficient lmplementatlon and training times. our full-feature solution delivers complete back-office event processing and operation management functionality, allowing our company to process over 50 million events annually. It Is a configurable, web-based platform that manages the entire event and citation lifecycle. Should the City have any questions or need additional dariflcations regarding this proposal, please contact: Point of Contact: Placido Diaz, Senior Account Manager Telephone Number: 689.777.9609 E-mail Address: Piacido.01az@verr�mobility.com We acknowledge all addenda and have acknowledged each by including them signed within our submission. I maintain the authority to represent and make legally binding commitments on behalf of our company. We loo ard to the o ortunity to work In partnership with Tampa. onathan Baldwin Executive Vice President, Government Solutions 567 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Table of Contents Proposal Submittal Check List .................................................................................................. 2 Tab 1. Addenda ............................................................................................................................. 3 Tab 2. Florida Public Records Law ........................................................................................... 4 Tab 3. Conflict of Interest ................................................................................................................5 Tab 4. Response to Proposal .........................................................................................................6 Tab 5. Section I, Scope of Services .............................................................................................9 Tab 6. References .......................................................................................................................... 96 Tab 7. General Statement of Experience ................................................................................ 99 Tab 8. General Operating Procedures & Guidelines (Management Plan, Operations Plan, Quality Control Plan) ............................................................................................... 101 Tab 9. Sub-Contracting Submittals .......................................................................................... 109 Tab 10. Compensation ................................................................................................................ 114 Tab 11. Proposer's Affidavit....................................................................................................... 114 Tab 12. Proposal Signature Form ............................................................................................ 114 Tab 13. Documentation .............................................................................................................. 114 Tab 14. Exceptions to RFP ................................................................................................... 114 Appendices ..................................................................................................................................... 115 VERRA MOBILITY Page 1 ©2024 Verra Mobility� I Proprietary and Confidential 568 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Proposal Submittal Check List Please see our completed Proposal Submittal Check List on the following page. VERRA MOBILITY ©2024 Verra Mobility- Page 2 Proprietary and Confidential 569 ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa's (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checkl ist identifies various items that are mandatory requirements in order to accept the Proposer's response to the City's RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section n. General Conditions, Section 14. Content of Proposal. MANDATORY REQUIREMENTS TAB 1 ADDENDA TAB 2 FLORIDA PUBLIC RECORDS LAW ATTACHMENT B. Form is filled out and executed. PAGE NUMBER IN PROPOSAL 3 4 TAB 3 CONFLICT OF INTEREST ATTACHMENT C. Form is filled out and executed. TAB 4 RESPONSE TO PROPOSAL TAB 5 SECTION 1, SCOPE OF SERVICES TAB 6 REFERENCES TAB 7 GENERAL STATEMENT OF EXPERIENCE 5 6-8 9- 95 96-98 99 - 100 TAB 8 GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC.... 106-113 TAB 9 SECTION IV. SUB-CONTRACTING FORMS Form MBD 10 - Solicited Form is filled out and executed. 109 - 113 Form MBO 20 - Utilized Form is filled out and executed. 109 -113 Failure to submit these forms shall result in your bid being deemed as "non-responsive" TAB 10 COMPENSATION SECTION III.PROPOSER'S AFFIDAVIT FORM (TAB 11) Form is filled out, executed and notarized. Uploaded as standalone document Uploaded under Solicitation Submittals SECTION III.PROPOSAL SIGNATURE FORM (TAB 12) Form is filled out and executed. Uploaded under Solicitation Submittals TAB 13 Proposer's Criminal History Screening Practices, documentation if applicable Uploaded as standalone document Proposal is submitted in the format required under Section 14. Content of Proposal? 54 ✓ 570 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Tab 1. Addenda Tab 1. Addenda. Include a copy of the addendum, or addenda associated with the RFP, if applicable. Incomplete proposals will not be considered. Please see our completed addenda documentation on the following pages. VERRA MOBILITY Page 3 ©2024 Verra Mobility� I Proprietary and Confidential 571 tampa.gov City of Tampa Jane Castor, Mayor Purchasing Department DeAnna Faggart, NIGP-CPP, CPPO, CPPB, Director 2555 E Hanna Avenue Tampa, Florida 33610 Office (813) 274-8351 Fax: (813) 274-8355 ALL FIRMS ON RFP LIST REF: City of Tampa RFP, dated RFP for Furnishing: To Be Opened: MARCH 7, 2024 AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 APRIL 5, 2024 @ 3:00 PM SUBJECT: ADDENDUM NO. ..! APRIL 2, 2024 Please note the RFP opening date and time has been changed to APRIL 15, 2024 @ 2:00PM. Please make the following change(s): 1. In Section I. SCOPE OF SERVICES, Section 5. PROJECT REQUIREMENTS, Sub-section 5.27, change remove and replace with the following: 5.27 Maintaining all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications which may be necessary during the term of contract. Providing the option to update equipment and technology during the term of the contract as new technology becomes available. Ensure all hosting platforms are secure and meet all requirements of City's Cloud Hosting Policy. 2. In Section I. SCOPE OF SERVICES, Section 15. EVALUATION OF PROPOSALS, Sub-section 15.1, EVALUATION CRITERIA, remove and replace with the following : EVALUATION CRITERIA MAXIMUM POINT VALUES Qualifications & Experience of Firm & Staff Responsiveness to the Scope of Services Service & Support Suitability of Proposed Equipment Proposal cost/ Revenue Share WMBE TOTAL POINTS 20 points 25 points 10 points 5 points 20 points 20 points 100 points 572 tampa.gov 3. I nS e c t i o n I. SCOPE OF SERVICES, Section 8. QUALIFICATIONS, Sub-section 8.1, remove and replace with the following: 8.1 Proposer must provide references from five or more operational cities, counties, states or provinces of similar size to the City in order to document successful deployment of vendor's proposed school speed zone detection technology and system solution. The references must be operating an outsourced program using the same equipment and technology proposed herein. The list for each reference shall include: -Agency/Jurisdiction Name and Address; -Contracting Officer and Contact Information (Telephone Number and E-mail Address); -Technical Representative and Contact Infonnation (Telephone Number and E-mail Address); and -Written description of the specific services provided 4. In Section I. SCOPE OF SERVICES, Section 14. CONTENTS OF PROPOSALS, Sub-section 14.2, Tab 14 through 18, please disregard, including all references to forms and documents identified therein. 5. In Section I. SCOPE OF SERVICES, Section 5. PROJECT REQUIREMENTS, Sub-section 5.42, remove and replace with the following: 5.42 Each system should be capable of detecting four traffic lanes at once as described under 5.1.6. Describe the system's ability to accurately capture violations, providing a visual indication on the citation of the area in which the SDS LiDAR or radar contacted the vehicle. 6. In Section I. SCOPE OF SERVICES, Section 16. ADDmONAL CONTRACT TERMS, Sub-section 16.2, remove and replace with the following: 16.2 Contract Term. The initial term of the contract shall be for five years from the acceptance and go- live date, and may by written mutual agreement, be renewed at the same terms and conditions for two additional one- year terms. 7. Please remove and replace page 55, Bidder's Statement Regarding Bidder's Criminal History Screening Practices form with the attached document provided herein with this Addendum, marked "ATTACHMENT #1". By submitting a proposal, the Proposer authorizes the City to conduct reference investigations as needed. 573 tampa.gov Acknowledgement of this Addendum is required if a proposal is being submitted. Refer to the RFP package under Section 14, Contents of Proposals, Subsection 14.2 , Tab. 1 Addenda. Firm Name: American Traffic Solutions, Inc. dba Verra Mobility Authorized Signature:�.-t2'�-------------- Date: 4/11/2024 Sincerely, DeAnna Faggart, NIGP-CPP, CPPO, CPPB Purchasing Director 574 tampa.gov------ "ATTACHMENT #1" Bidder's Statement Regarding Bidder's Criminal History Screening Practices: lYThe Bidder hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices. D The Bidder hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices; however, Bidder has Criminal History Screening practices similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. □ The Bidder hereby applies for applicable discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices. The following documentation and assurances are provided: _ Notarized past employment analysis that includes the number of disadvantaged workers the bidder has hired in the past, or, if the bidder has never hired a disadvantaged worker, an explanation that the bidder made a good faith effort to hire a disadvantaged worker: and, _ An estimate of the number of disadvantaged workers that the bidder has hired or plans to hire if the bidder is awarded the project; and, _ Evidence that the bidder's recruitment literature and employment policy does not indude language that is disadvantageous to a disadvantaged worker. _ Identifies, [ ]hereon [ Jin attached document, potential job opportunities under the project that may be available for disadvantaged workers if the City awards the Bidder the project; and, _ Agrees to consider for job placement at least one otherwise qualified disadvantaged worker, to the extent a job opportunity is available, if and after the Bidder is awarded the project; or _ The Bidder currently employs a percentage of disadvantaged workers consistent with industry standards as determined by the director of the soliciting department or designee. Firm Name: American Traffic Solutions, Inc. dba Verra Mobility Authorized signature:�,-�---------------- Date: 4/11/2024 Name: Jonathan Baldwin Title: Executive Vice President, Government Solutions 575 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Tab 2. Florida Public Records Law Tab 2. Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from Section II. General Conditions, Section 1. General Information, Subsection 12.4 including executed copy of Attachment B - Public Records Declaration or Claim of Exemption. Please see our completed Florida Records Law form on the following pages. ._"- � v A VERRA Page 4 .a� 7 MOBILITY ©2024 Verra Mobility� Proprietary and Confidential 576 ATTACHMENT B - PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION As a Proposer, any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by any person. In Florida "public records" are defined as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made, or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119.011(11), F.S. A document Is subject to personal inspection and copying unless it falls under one of the public records exemptions created under Florida law. Please designate what portion of your proposal, if any, qualifies to be exempt from Inspection and copying: Note: Execute either section I. or II .• but not both: Proposer may not modify language. Information regarding the Florida Public Records Law can be located in the RFP under Section II. General Conditions. Section 1. General Information. Subsection 14.4 Florida Public Records Law. I. NOEXEMPTION FROM PUBLIC RECORDS LAW No part of the proposal submitted is exempt from disclosure under the Florida public records law, Ch. 119, F.S. Proposer's Signature Date II. EXEMPTIOM FROM PUBLIC RECORDS LAW AND AGREEMENT TO INDEMNIFY AND DEFEND THE CITY OF TAMPA The following parts of the proposal submitted are exempt from disclosure under the Florida public records law because: (list exempt parts and statutory citation): *Please see attachment for list By claiming that parts of the proposal are exempt from the public records law, the undersigned Proposer agrees to protect, defend, indemnify, and hold the City of Tampa, its officers, employees, and agents free and harmless from and against any and all claims arising out of a request to inspect or copy the proposal. The undersigned Proposer agrees to investigate, handle respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the City of Tampa and agrees to bear all other costs and expenses related thereto, even if they (claims, etc.) are groundless, false, or fraudulent. �s;gnature 4/11/2024 Date 56 577 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 V 1. Attachment 1 - Exemption from Public Records Law and Agreement to Indemnify and Defend the City of Tampa We cite the specific areas marked/redacted and include applicable legal grounds for confidential treatment in the table below. Tab 4. Response to Proposal 6 Figure that shows active F.S. § 119.0715; Florida photo enforcement 688.002(4) Trade Programs Secret -Customer list. This information is confidential due to the potential for a competitor or other third party to recruit personnel and derive both a commercial and financial benefit. Tab 5. Section I, Scope of Services RFP Requirement: 5.15 Tab 5. Section I, Scope of Services 29-30 32-34 Event processing Workflow Citation Processing Software images F.S. § 119.0715; 688.002(4) Trade Secret - Screenshots of proprietary software, internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. F.S. § 119.0715; 688.002(4) Trade Secret - Screenshots of software ""'� VERRA Page 1 ,& MOBILITY ©2024 Verra Mobility- I Proprietary and Confidential �? 578 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 RFP Requirement: 5.15 internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services RFP Requirement: 5.28 51 Figure 7 Verra Mobility Command Center Software Screenshot F.S. § 119.0715; 688.002(4) Trade Secret - Screenshots of proprietary software, internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services 62-63 Figures 9-12 F.S. § 119.0715; 688.002(4) Trade Secret - Screenshots of software VERRA MOBILITY Page 2 ©2024 Verra Mobility� I Proprietary and Confidential 579 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 RFP Requirement: 5.58 internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services RFP Requirement: 5.59 64 Figure 13 - Evidentiary Databar Information F.S. § 119.0715; 688.002(4) Trade Secret - Screenshots of proprietary software, internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services 71 Event processing Workflow F.S. § 119.0715; 688.002(4) Trade Secret - Screenshots of software VERRA MOBILITY Page 3 ©2024 Verra Mobility� Proprietary and Confidential 580 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 �H•III a • t • 1(IJ II -��.. t�..l!J.ll!JJ J t!lJ'll'fe'lioU-c:Jil� l::l:.. e1■r.1�{0? -- -- --- lff ell H -itr:11H-f:ll 1n.-:.r.,11 ,r• 1111 RFP Requirement: 5.82 internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services RFP Requirement: 5.85 82-84 Report examples F.S. § 119.0715; 688.002(4) Trade Secret - All reports are proprietary and confidential due to the potential for a competitor or other third party to receive and recreate or create a similar output for commercialization and financial gain. Tab 5. Section I, Scope of Services 8.6 Current/Past Legal System Proceedings. 90-91 Matters Filed F.S. § 119.0715; 688.002(4) Trade Secret - Matters filed are confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 5. Section I, Scope of Services 10. IMPLEMENTATION 92 Timeline figure F.S. § 119.0715; 688.002(4) Trade Secret - Our proposed implementation solution and schedule are VERRA MOBILITY Page 4 ©2024 Verra Mobility� 1 Proprietary and Confidential 581 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 l�r.II 1•11r:;"r:,{m? VERRA MOBILITY Page 5 ©2024 Verra Mobility� Proprietary and Confidential �•Jw7re11, - . ! •1l7.J 111�:-i--•UJ,ll!UJ r•-!l}1[..,.e-uu· •1-• �-�J11-1 �-r:1-,u�-ll U1•·.r.n111�11� confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. Tab 5. Section I, Scope of Services 11.4 94 Timeline figure F.S. § 119.0715; 688.002(4) Trade Secret - Our proposed implementation solution and schedule are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. Tab 7. General Statement of Experience. 99 Figure that shows active Florida photo enforcement Programs F.S. § 119.0715; 688.002(4) Trade Secret - Client list/ map are confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 7. General Statement of Experience. 100 Figure - Verra Mobility - North American Programs F.S. § 119.0715; 688.002(4) Trade Secret - Client list/ map are confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 8. General Operating Procedures & Guidelines 101 Figure - Verra Mobility - Organizational Chart F.S. § 119.0715; 688.002(4) Trade Secret - Contains 582 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 (Management Plan, Operations Plan, Quality Control Plan. confidential information on personnel including organizational structure. This information is confidential due to the potential for a competitor or other third party to recruit personnel and derive both a commercial and financial benefit. Tab 9. Sub- Contracting Submittals. 109 - 113 and Forms MBD-10 and MBD 20 Subcontractor Information F.S. § 119.0715; 688.002(4) Trade Secret - This contains confidential information including teaming and subcontracting partners is confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 14. Exceptions to RFP. Tab 14 Section in its entirety F.S. § 119.0715; 688.002(4) Trade Secret - Proposed changes to contract terms/redlines are confidential due to the potential for a competitor or other third party to gain insight into our confidential business strategies, thereby providing competitors with both a commercial and financial benefit. Appendix 1 - Example School Zone Speed Study 116-139 Preliminary traffic data study completed for five City school zones. Specifically, Methodology (p.8) , Existing Conditions (p.8), Speed Data Anal sis Table 3 - F.S. § 119.0715; 688.002(4) Trade Secret - The Traffic Study is confidential due to the potential for a competitor or other third art to ain VERRA MOBILITY Page 6 ©2024 Verra Mobility'" Proprietary and Confidential 583 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 p.9) and Analysis (Appendix B) insight into the methodology and techniques used by Verra Mobility to produce the study thereby providing competitors with both a commercial and financial benefit from the disclosure of this information. Appendix 2 - Sample Training Materials 140-142 Sample Training Materials F.S. § 119.0715; 688.002(4) Trade Secret - All training materials are proprietary and confidential due to the potential for a competitor or other third party to receive and recreate or create a similar output for commercialization and financial ain. Appendix 3 - Accuracy Study/Documentation 143-144 Accuracy Study/Documentation F.S. § 119.0715; 688.002(4) Trade Secret - All materials are proprietary and confidential due to the potential for a competitor or other third party to receive and recreate or create a similar output for commercialization and financial ain. VERRA MOBILITY Page 7 ©2024 Verra Mobility� Proprietary and Confidential 584 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Tab 3. Conflict of Interest Tab 3. Conflict of Interest. Include executed copy of Attachment C - Conflict of Interest Form. Please see our completed Tab 3 Conflict of Interest form - Attachment C - Conflict of Interest on the following pages . VERRA MOBILITY Page 5 ©2024 Verra Mobility� 1 Proprietary and Confidential 585 ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all proposers, must disdose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate family means spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "dose personal relation." ***Controlling finandal interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock In any corporation or a direct or indirect Interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NoX NAME(S) / POSmON(S) Not applicable FIRM NAME: American Traffic Solutions, Inc. dba Verra Mobility BY (PRINTED NAME): Jonathan Baldwin BY (SIGNATURE): _,,.-t?� TITLE: _E_x_e_c_u_t_iv_e_V_i_c_e_P_r_e_s_id_e_n_t,_G_o_ve_r_n_m_e_n_t_S_o_l_u_tio_n s _ DATE: 4/11/2024 57 586 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Tab 4. Response to Proposal RFP#611122923 Tab 4. Response to Proposal. Specifically state the Proposer's understanding of the work to be accomplished and make a positive commitment to perform the work in Section I. Scope of Services. Verra Mobility is the City of Tampa's current red light enforcement partner and has worked with the City for over 13 years to deliver a model program that has resulted in substantially safer streets. No other automated safety enforcement provider brings our understanding of the City of Tampa with the record of success of working together with the common goal of serving the Tampa community and enhancing community safety. For your Automated Speed Detection for School Zones Safety Enforcement program, we can positively commit to perform the work described In this RFP with the same degree of commitment and success that we have provided to on your red light program. Our company has worked in Florida for over a decade and currently has programs in 10 separate Florida counties. We are the only company with unparalleled experience and years of hands -on knowledge of how to deliver and support safety camera programs in the region. We define our success as the longevity of our relationship with our customers and their satisfaction level. Verra Mobility's programs have earned praise throughout the State of Florida. We bring unmatched industry knowledge. We currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Verra Mobility delivers and supports the highest number of road safety camera programs in the State of Florida. On a national level, Verra Mobility is the number one automated enforcement safety camera provider in the industry with approximately 9,000 red-light, speed, stop-arm, and bus lane safety cameras installed In nearly 270 communities and school districts across North America. This number is four to five times larger than our closest competitor. In the U.S. alone, Verra Mobility together with our affiliates, process more than four million automated enforcement events per month from U.S. installed camera systems, and we send approximately 1.4 million potential violations per month to our customers for their review and decision. Our company works as your partner, offering the City of Tampa the best in Industry knowledge and innovative technology based on over 20 years of experience as a global leader. We were recently recognized and added to the S&P SmallCap 600 index. For Tampa, this means having a trusted, financially stable partner that will be able to serve your automated enforcement needs now and into the future with no interruptions and limited risk. Verra Mobility is a public company. This ensures complete transparency in our VERRA MOBILITY Page 6 ©2024 Verra Mobility'" I Proprietary and Confidential 587 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#Gl 1122923 corporate governance, processing compliance with Florida statutes and financial accounting practices. Verra Mobility's global experience, advanced technology and financial strength provide the expertise required to deliver your safety program more efficiently than newly established competitors that may lack the crit ical resources needed to ramp up for this new Implementation, provide the best in industry School Zone Speed hardware equipment with a highly efficient violation processing platform . Our strong history servicing clients na tionwide has led to an over 95 percent contract renewal rate. Examples of automated enforcement clients outside of the Florida include but are not limited to Norfolk, Virginia Beach, and Falls Church, Virginia; New York City, New York; Baltimore, Baltimore County, and Howard County, Maryland; Washington, D.C.; Clayton County, Georgia; Montgomery, Alabama; Memphis, Tennessee; Baton Rouge and New Orleans, Louisiana; Chandler, Mesa, and Scottsdale, Arizona; Colorado Springs, Colorado; San Francisco, California; and Seattle and Spokane, Washington. What You can Expect Local leadership & vest program resources Newest speed camera technology Multipurpose smart mobility platform High-performing program that delivers results Most critical to the success of our partnership with the City of Tampa Is the experience of our staff. Our team consists of account management, licensed engineers, a construction manager and technicians. The account management team assigned to support the proposed School Zone Speed Program are Florida experts: > Orlando Torres, Director of Account Management, brings 18 years of automated enforcement experience throughout the State of Florida. Orlando Torres lives in Fort Lauderdale and is available for In-person visits. > Placido Diaz, Senior Account Manager former head chief of police for the City of Sweetwater, Florida is a seasoned retired law enforcement professional. Placido's experience provides a unique value-add to the program for investigative issues that may require a proper detailed engagement with law enforcement. Both Orlando and Placido are bi-lingual with a local presence, and regional expertise gained through over 40 years of combined experience serving Florida. VERRA MOBILITY Page 7 ©2024 Verra Mobility'" Proprietary and Confidential 588 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 The Verra Mobility team also includes a highly qualified field service staff in Florida to support your program, including two Tampa -certified MBE firms. Verra Mobility has established relationships with Florida Power and Light (FPL), and Florida Department of Transportation (FOOT) to ensure permits are issued on time and project timelines are met. We will provide support to Tampa's School Zone Speed program through all phases from program design to active program violation processing. Choosing Verra Mobility means: ,L_ ... " t- � _;,. 7 -'1"" NEW TECHNOLOC,Y The combined strengths outlined in our response ensure the highest level of understanding, commitment, and accountability. This enables Verra Mobility to successfully perform the scope of service work outlined in the City of Tampa's RFP, meeting the requirements, and complying with Florida statutes to deliver the School Zone Speed program as scheduled. VERRA MOBILITY Page 8 ©2024 Verra MobilityMI Proprietary and Confidential V 589 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Tab 5. Section I, Scope of Services Tab 5. Section I, Scope of Services. We have included all t he requirements and documentation under Section I. Scope of Services in the following compliance table. Please note that our proposed solution and price to the City of Tampa is for an all -encompassing turnkey program that includes complete support of all aspects required by the RFP. TOTAL PROGRAM SUPPORT From installation to paid citation and beyond, we'vej got you covered. Ec1uip111ent Installation > Maintenance Management -, Training Reporting Event Processing > Public Awareness Citation Printing Payment Support Citation Mailing Court Support _J RFP Requirement: 5. PROJECT REQUIREMENTS Proposer is to submit written proposals presenting the proposer's qualifications and understanding of the services provided. Specifically, the proposer should provide thorough responses to ensure the proposer fully understands and can implement chapter 2023-174, Laws of Florida. The proposer's submission should provide all the information that it considers pertinent to its qualifications, and which responds to the specifications and evaluation criteria listed herein. Successful Proposer shall provide and install all equipment including, without limitation, poles, cabinets and related operational equipment at the selected school speed zone locations in compliance with all state, federal and local regulations. The Successful Proposer will be responsible for all permits (including FOOT for state road right of ways within the City), site design, construction, installation and maintenance of the equipment. The Successful Proposer will be required to provide appropriate signage for all intersection approaches. Successful Proposer will be required to have separate electrical meters for all equipment on all roadways at its own expense. Successful Proposer assumes all risk for direct or indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, or operation under the contracted work, until acceptance of the work by the City. Successful Proposer agrees that prior to the expiration of the agreemenUcontract to deliver to the City all data required by the City to continue processing outstanding violations and data owned by the City under the agreemenUcontract. The data must be provided in a format that is usable by the City. If data is in a proprietary format the successful Proposer must provide the software necessary to view, extract and utilize the data. The following items are required for the project and the Proposer must provide details on their proposed solution to meet the following requirements: Verra Mob11i1y Response Verra Mobility complies with each of your project requirements included within your Scope of Work. We provide specific detail on every RFP scope item in the following fields. VERRA MOBILITY Page 9 ©2024 Verra Mobility� Proprietary and Confidential 590 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 RFP Requirement: 5.1 Speed detection technology to include: • Calibration Method; • Ability to perform self-tests; • Documentation of proper operation on a scheduled basis; and • Evidential documentation on a citation indicating the vehicle being cited for speeding is the vehicle captured by the speed detection system. Verra Mobility Respons& Our response below to Requirement 5.1.1 details our speed detection technology and the many benefits it offers to the City of Tampa. Verry Mobility's proposed speed detection solution includes the following: • Calibration method: To ensure that speeding incidents captured are accurate and enforceable, all speed enforcement systems are calibrated at installation/deployment. • Ability to perform self-tests: Field Services personnel may initiate a self-test any time during deployment, and its results will appear in the operational log. We call this a "next vehicle" test where the system records the next vehicle as if it is a violator checking all aspects of the incident capture, including an image. These tests will be performed on a scheduled basis approved by the City. This test is recorded in the operational log, which is available to authorized City personnel. • Documentation of Proper Operation on a scheduled basis: Our solution documents proper operation on a scheduled basis of every 12 hours and the cameras perform a self-test twice daily. These tests are adjustable/ configurable to City preferences. Evidential documentation on a citation Indicating the vehicle being cited for speeding is the vehicle captured by the speed detection system: Images captured by the enforcement system are packaged into event files with unique identifiers, digitally signed for both verification and security of information. Each image has a digitally imprinted data bar that can be customized to display and verify information about the offending vehicle as required. Included are the image of the driver (where applicable), the license plate number of the vehicle, a unique event identifier, the location of the event, the date of the event, the time of the event, the elapsed time between images, the direction of travel, the traffic signal phase, the time into the red phase, the vehicle's speed, the duration of the prior amber phase, the vehicle lane of travel, and the camera ID. Verra Mobility will work with the City to design the citation, which can include any or all of these images and other capture data. RFP Requirement: 5.1.1 Explain why the Proposer's speed detection technology is the best solution for The City. Verra Mobility Response. Verra Mobility offers the best solution for the City of Tampa's Automated 0 llAOIIIG ffCtttlOLOC'I Speed School Zone Safety Enforcement program and is proposing 0 NIGNl•Ml'IIICIIIATH the use of our 4D radar technology. 4D - ... weather conditions and provides 0 , .., ,I ... . . radar technology operates in all tlMl'UCITV • flUlalUfY quality images and video day and night OP'llNAllNfotlCEMfNt with 99.9% calibration and capture I l•l accuracy. We consider our clients our partners, and work with them not only for the success of the actual safety enforcement program, but also for community outreach, court support, integration with various ALPR and cloud-based crime center systems, and robust reporting to determine how your safety programs are working and how best to evolve them in the future. We will deliver products that meet your unique needs and drive meaningful change. VERRA MOBILITY Page 10 ©2024 Verra Mobility� 1 Proprietary and Confidential 591 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Summary of the speed detection technology includes: • We are offering our 40 radar technology that can detect and track over 100 objects in all weather conditions. • All of our radar systems use LiDAR to enhance precision and provide independent, secondary speed verification through image processing, leading to a 99.9% accuracy rate for calibration and capture. • High-definition video (up to 4K) • Highly accurate lane designation technology • Self-service video retrieval and live intersection video streaming (with optional subscription)1 • High-resolution cameras that capture clear event images day and night • LED illumination that minimizes visible light and is respectful to drivers • Digital signature at time of capture along with internal system self-tests • Our solution is fully featured with a dedicated ALPR camera and optional integration with other platforms and technology including multiple ALPR providers such as Flock. It is also available with video retrieval and live video. Our cameras include a new generational shift of capabilities with machine learning (ML) and computer vision capabilities. • Remote system monitoring • A secure chain of evidence with digital signature at time of capture and data encryption for delivery to the back- office system Why It matters for the City: Industry leading camera enhancement algorithms to make the captured detail clearer for adjudication and processing purposes. Camera software interfaces with all connected systems, captures images, and packages all the relevant information into event files. High enforcement rates - Our image enhancement technology means that details such as number plates, can be deciphered and used for enforcement purposes. Latest generation camera sensors allow low-light and inline flash imaging to capture vivid scenes and readable plates. Superior image quality - This quality results in improved enforcement success rates due to a greater number of legible number plate images. Independent, software-based secondary measurement of speed occurs on the system at the edge. Increased detection and enforcement rates - 40 radar technology provides irrefutable evidence when detecting speed events; this approach is far superior to single-radar s stems. The 40 radar technology is unaffected by heavy rain or fog and utilizes a doppler speed measurement technique for highly accurate speed measurements. Superior reliability and performance - The system is built on leading radar technology and is superior to other mari(et offerings using laser-based detection. Radar has been shown to be more accurate and effective than LiDAR- based systems in harsh weather conditions such as rain, snow, or f . 1 Subject to allowability under Florida Statutes and FOOT guidelines VERRA MOBILITY Page 11 ©2024 Verra Mobility- Proprietary and Confidential 592 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Verra Mobility Video Services Our fixed speed cameras have a self-service historical video retrieval and live video feed feature2. Verra Mobility video services enhance situational awareness for better video management and traffic data analytics. Authorized personnel can retrieve high-definition video from fixed camera sites at their convenience using these robust tools. In addition, our road safety camera systems can provide a live video feed that allows the City, in real-time, to monitor photo-enforced intersections for traffic management purposes. Enforcement Software At the core of our edge systems is the enforcement software that is installed on the edge processing unit to drive system operations. It runs as a service when the processing unit is installed, and once configured during implementation, operates without intervention. This software is built on proven and robust core technology that has been developed and continuously improved to provide the detection, tracking, and capture of vehicles travelling through an enforcement zone. Verra Mobility's enforcement software employs secondary image tracking and speed determination algorithms on all violating vehicles. Slow-moving vehicles are tracked through proprietary algorithms and remain visible to the system even when momentarily coming to a complete stop at a pedestrian crosswalk or during heavy traffic volumes. In addition to monitoring vehicles and speeds, the system can detect lane position and distance, regardless of vehicle speed and type. Verra Mobility's enforcement software provides the following functionality: • Collecting vehicle detection data • Processing detection data with time stamping, vehicle location, and speed • Applying enforcement rules with configuration by lane number, time and day, and speed limit threshold • Triggering and storing video and image evidence that provides specific vehicle location and behavior as it travels through the enforcement zone • Certifying and encrypting of event files • Generating operational logs and statistics Power Options Verra Mobility understands that the City prefers a solution that runs on solar power. Our systems are able to run on solar power or through direct power. Our solar-powered solution minimizes operational costs and environmental impact. With solar panels and power storage on the same pole as the camera system, this streamlined solution is aesthetic and easy to install for a variety of use cases. Automatic License Plate Reader Verra Mobility offers an Automatic License Plate Reader (ALPR) solution powered by national providers. The ALPR solution is integrated into our camera systems, which allows us to provide the service without additional standalone cameras. Our safety cameras will appear as a new camera in the ALPR partner's portal and can be viewed without an additional subscription license. The cost of the ALPR license for our camera is managed by Verra Mobility (the City will have to pay for their subscription and camera licenses for other cameras purchased outside of the agreement with Verra Mobility). Our ALPR solution includes real-time vehicle identification, HD color footage for both plate and vehicle recognition, fast hotlist alert notifications, and powerful investigative search capabilities. The solution is driven and managed by Al-based machine learning software, enabling a smarter, comprehensive approach to any ALPR program. Verra Mobility's ALPR solution includes the following advanced features: • Recognition of vehicle plate number, state, make, model, color, and other attributes 2 Live video is subject to allowability under Florida Statutes and FDOT guidelines. VERRA MOBILITY Page 12 ©2024 Verra Mobility~ Proprietary and Confidential 593 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 13 ©2024 Verra Mobility"' Proprietary and Confidential VERRA MOBILITY • State and local hotlists with Criminal Justice Information Services integration support • Easy-to-use web application with robust search, analytics, and reporting • AWS GovCloud data hosting and 30-day retention • Agency control over data sharing with other agencies � rr:::::r1 � PAIi 'I I TO AC\ -TIM L i:,11 I I'll REDU I "'AND ENFORCEMENT ALERTS AT THE EDGE INVESTIGATIONS ENHANCE SAFETY VALUE ADDED PRODUCTS· Deterrent Cameras Verra Mobility offers additional features at no cost to the City including a completely new service of the installation of up to 10 non-functional deterrent cameras designed as a force multiplier on the program, which will promote public safety and curb dangerous driving behavior. These deterrent cameras can be installed strategically at various locations throughout the City with great effect. RFP Requirement: 5.1.2 Provide a list. with photos and dimensions, of all major equipment for the SDS (cameras, flash or lighting units, cabinets that will be installed under this contract (including generally what the cabinets contain), that will be installed. Strong preference will be given to SOS that do not require additional cabinetry aside from that which houses the cameras. All SOS must be non-intrusive to roadway or transportation signal cabinetry. Only equipment that is fully operational at the date/time proposals are accepted will be considered as part of this contract award. No prototype equipment or equipment not currently in operation will be accepted. Verra Mobility Response. The equipment we are offering in this RFP includes our latest camera technology. The proposed speed camera enforcement system consists of the following components, which are mounted onto a dedicated pole. Camera Unit • Two video-based cameras: one is used for the contextual scene images and video clip and the other is customized specifically for the plate images • 24GHz radar for vehicle detection. • IR Illumination (LED or Xenon) - replaces traditional flash technology Utility Cabinet • Communications module • Power Distribution Module In total, the camera unit dimensions are 13' x 16.6' x 5.2" (W x L x H) and weigh 20.9 pounds. The dimensions of our utility cabinets are 20" wide x 24" tall x 11" deep. 594 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 14 ©2024 Verra Mobility� I Proprietary and Confidential VERRA MOBILITY Figure 1 Photo of Pole-Mounted Equipment IR Illumination Unit (replaces traditional flash technology) The dimensions are 13 in x 16.6 in x 5.2 in (331mm x 421 mm x 132 mm). 595 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 15 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirement: 5.1.3 Does the SOS at any time photograph or image the driver of the vehicle? Ve1 a Hoh1ht� Response Our camera will be able to capture images of drivers and passengers. Captured images of the driver or passengers can be blurred, if requested. However, our proposed technology has the capability for driver images to be captured if allowed by state statutes. Our cameras' high resolution allows for clear capture of each potentially offending vehicle, license plate, and scene to ensure the highest possible prosecutable violation rate for the safety enforcement program. Our camera system captures full-color images with a 12-megapixel plate camera and an eight-megapixel overview/scene camera capable of recording in up to 4K resolution. VVhen an event is detected, the system triggers the cameras and captures two color images from the rear of the vehicle and a 12-second, high-definition video clip of the scene and multiple other event data elements. To provide great nighttime images, the system's purpose built low-light camera is further supported by an LED illumination unit. The LED illumination unit provides adequate illumination at varying levels of ambient light. Our purpose-built LED illumination unit allows client programs to effectively capture events that occur during the night or early morning. Verra Mobility's high-resolution digital imaging solutions provide multilane coverage enabling the ability to capture multiple violations in real time, while performing other sophisticated image processing functions and downloading images. Our systems can capture multiple images per second. Our camera and detection technology have been designed to detect and capture all vehicles, even those traveling side-by-side. Our camera systems capture simultaneous or near-simultaneous violations in a single set of violation images, if necessary, or will capture the violations in separate image sets. RFP Requirement: 5.1.4 The SOS must provide at least two (2) digital color still images of each violating event. The images must be taken so that the rear of the vehicle and license plate are captured. The first image shall capture the vehicle within the area of the designated school speed zone at the time of the speed capture. The second image shall depict a close of the license plate. Verra Mobility Response Our SOS does provide two digital color still images of each violating event. Our speed safety camera solution is installed roadside and pointed in the direction of vehicle travel to capture the rear of each offending vehicle as enters the enforcement area. VVhen the system tracks the vehicle to a subsequent image capture point, other images are captured for positive plate and vehicle identif.i.c..a.,.tion. Please see the depiction below. We also include sample digital color images in our response to RFP Section 5.15. SCHOOL ZONE SPEED SAFETY CAMERA SYSTEM HOWITWORKS n.syoi.m_,, ... ,,,,,vehlcle tr-ingat111eenror.-Sl)Ndllnll. TheflrSt ........ SIIOwSthellllllcledrll/lllg 11exasJoll/lesiadllmit These<ona,rnagesnowsa aose-1111piaie ilnll9ell10thedistana!andtlmethe .etwde114Stt- Addl!IOllilldltHDIIICIICIr,ctuelna Wleo,dale.PQ5talll(INCl,WlllcllSPeeG locatlon.1-.IIIClchcttonol-. 596 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 16 ©2024 Verra Mobility"' Proprietary and Confidential VERRA MOBILITY RFP Requirement: 5.1.5 The camera system shall record data pertinent to each violation at the time of capture. Verra Mobility Response· Our systems capture all listed data such as: 1. Scene of location where violation occurred 2. Motor vehicle during violation 3. Display of rear license plate of vehicle 4. The day, month and year of the violation 5. The time of the violation in hours, minutes and seconds 6. Location of violation 7. Frame sequence number Our image sets includes a data bar with all details necessary to substantiate a violation. This format is used today for the City's existing program and in evidence packages to substantiate every violation. RFP Requirement: 5.1.6 The SOS should be capable of monitoring up to four (4) traffic lanes at once. Describe the SOS ability to accurately capture violations at approaches with up to four (4) lanes in one direction. Verra Mobility Response Yes. Verra Mobility's enforcement system is capable of covering up to six lanes at once. Our system employs secondary image tracking and speed determination algorithms on all violating vehicles. The image tracking means that our performance in vehicle detection and accuracy is well beyond that of off the shelf systems. Slow-moving vehicles are tracked through proprietary algorithms and remain visible to the system even when momentarily coming to a complete stop at a pedestrian crosswalk or during heavy traffic volumes. In addition to monitoring vehicles and speeds, the system can detect lane position and distance reoardless of vehicle speed and tvoe. RFP Requirement: 5.2 Traffic/ location studies to determine the need for additional automated speed enforcement cameras within school zone roadways. Please provide examples. Ven a Mobility Response As a part of our proven implementationplan, Verra Mobility provides an in-depth traffic/ location study to determine the optimal locations for school zone speed cameras. The recommended locations are based on existing data and robust analysis to identify locations that constitute highest safety risk to the community. We are well experienced with performing these studies for clients within Florida. Please see Appendix 1 for our School Zone Speed study that was performed for a prospective client in late 2023. RFP Requirement: 5.3 Enforcement of applicable speed limits on a roadway properly maintained as a school zone in accordance with Florida State Statute section 316.008(9)(a). Ven;J Mobility Response Yes. Verra Mobility's enforcement software enables us to configure the applicable speed limits in accordance with Florida State Statue section 316.008(9)(a). In addition to monitoring vehicles and speeds, the system can detect lane position and distance, regardless of vehicle soeed and lvPe. RFP Requirement: 5.4 Collecting, aggregating, and comparing all traffic data in school speed zones in such a manner that traffic studies can be conducted in near real time. Verra Mobility Responss Yes. Our system collects, aggregates and compare all traffic data so that traffic studies can be conducted in near real time. This data is shown within our back-office reoortino svstems. 597 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 17 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirement: 5.5 Initial public notice documents/ media for the purposes of public education in cooperation with The City of Tampa, the Hillsborough School District, and the Tampa Police Department. The agency's goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. Verra Mobility Rc,,.ponse Yes. As the City's partner in traffic safety, we can help to educate the public about the program and promote its benefits. We will work with City stakeholders to create a customized public awareness plan focusing on safety goals and effectively communicate the life-saving benefits of the safety camera program. We offer our clients the very best creative and inventive thinking when developing public information and community outreach strategies to promote traffic safety initiatives3. Our keen understanding of communications strategies coupled with our knowledge of issues surrounding road safety and smart mobility solutions enable us to successfully define and carry traffic safety messaging to ensure safety belongs to us all. As the City's partner in traffic safety, we can help to educate the public about the Automated Speed Detection For School Zone Safety Enforcement program and promote itsbenefits. We will work with City stakeholders to create a customized public awareness plan focusing on safety goals and effectively communicate the life-saving benefits of the safety camera program. In the rare event we do not already have language ready, we would be happy to create it for the City's consideration. Below are some of the materials we can customize to fit the City's program and community needs. • Website content with FAQs, how it works information, and local statistics • Community outreach and a Program Press Kit • Collateral and logo creation, system images and graphics, program taglines and statistics, as well as logo examples • Social media toolkit with best practices and a campaign guide • Earned media strategies, letters to the editor, or op-ed articles to help raise awareness about the program • Guidance on how to share information regarding the program • Updates about state-specific and key road safety camera industry news RFP Requirement: 5.6 Public information and education plan in detail, including outreach efforts to the community and the goals the effort deems to achieve in compliance with section 316.0776, Florida Statutes. 3 Verra Mobility owns and retains all rights, title, andinterest in and to the Public Safety Campaign Content created by Verra Mobility and all intellectual property rights therein, excluding all Customer Content. Verra Mobility grants to the Customer a perpetual, revocable, non-transferable, and nonexclusive license to (i) use, copy, display, and distribute the Public Safety Campaign Content solely to promote the Customer's photo enforcement programs, and to modify the Public Safety Campaign Content as needed for formatting. In order to produce the Public Safety Campaign Content, the Customer grants Verra Mobility a nonexclusive, fully paid-up, license to use, reproduce, distribute, perform, practice and display, and to create derivatives of all content, trademarks, service marks, works of authorship, products, software, technology, information, data, specifications, documentation, technical and business plans, and other materials of any kind, and all intellectual property rights therein provided to Verra Mobility solely for Verra Mobility to (i) create the Public Safety Campaign Content, and (ii) provide services to the Customer. Customer can approve use of any Custo mer Content in the Public Safety Campaign Content. 598 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 18 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP#Gl 1122923 Vena Mobility Response Yes. Below are some of the materials we can customize to fit the City's program and community needs. • Website content with FAQs, how it works information, and local statistics • Community outreach and a Program Press Kit • Collateral and logo creation, system images and graphics, program taglines and statistics, as well as logo examples • Social media toolkit with best practices and a campaign guide • Earned media strategies, letters to the editor, or op-ed articles to help raise awareness about the program • Guidance on how to share information regarding the program • Updates about state-specific and key road safety camera industry news RFP Requirement 5.7 The timeline of a public Information and education plan for the first year of an automated school zone enforcement program. Verra Mobility Rerponse Our public information and education plan begins after business rules are agreed upon by Verra Mobility and the City. We have considerable experience working with the City on your red-light program and bring a history of delivery of effective, well-received public information campaigns. Typically, the timeline for public information release is around two months after notice to proceed for the program. RFP Requirement 5.8 The stakeholders included in the public information and education plan and how each is utilized to communicate with communities within The City of Tampa, including presentations at public meetings, Verra Mobility Response As Florida's leading safety program provider and long-time partner to Tampa, we remain committed to your automated enforcement success. Our communications strategy draws from our deeply rooted experiences in Tampa and Florida where we have consistently delivered impactful campaigns to diverse communities. We have successfully partnered with local media channels, print and local TV news, social media platforms and web-based outreach platforms to deliver a successful bilingual public awareness campaign tailored to meet the needs of the City residents as well as commuters. The program is supported by our two local Senior Account Managers, both longtime Florida residents who have raised families and have been a part of the Florida community for many years. This gives them a unique perspective and understanding of their needs and values. From bilingual content and public seNice announcements to targeted outreach through local media, we specialize in crafting messages that connect with all members of the community. In particular, our experience partnering with Tampa to reach its Spanish-speaking audiences has been invaluable. That's why we go above and beyond to ensure public awareness with tailored messaging and bilingual content and facilitate connections to local news outlets like Spanish talk radio stations. With our deep ties to the community - from the team members who grew up and raised families locally to the richexperiences we collaborated on to reach the public with a bilingual media strategy for past safety programs - we know how to support your needs. Throughout our partnership, we have proven we can uniquely deliver results that make a real difference in Tampa and drive meaningful change. 599 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 19 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirement 5.9 Examples of public information and education documents/media distributed under currenUpast programs, including: -Press release samples; -Internet-based correspondence; and -Documents distributed by stakeholders. Verra Mobility Response We provide examples of safety program community awareness campaigns we have participated in as well as other community awareness activities on the following pages: Press Release Samples: PR Newswire· News Products Contact Search Q Verra Mobility partners with Florida commun ity to deliver VERRA MOBILITY school zone safety solutions NEWSPQOVIDEDB'> SHADETHISART,CLE Vorra Mobllity- 000800 71••b 202-..1610 ET Program aims10 change driver behavior 10 slowdown ,n school zones MESA. Ariz.. Feb.71,2024/PRNewsw1re/ •· Verra Mobility Corporation (NASDAQ .llll.BM).a leading prOVJder of smart mobilitySOiutions. announcesa partnership withtheTownof Davie, Florida, to Implement 1nnovati111? safety solutions that will helpprotect schoolchildrenv.,hen traveling 10 and from school.The collaboration underscores the commI1ment each parryhastoward enhancing school zone safety and creatinga safer enwonmem forchildren acrossthe state Verra Mobility"'illwork closely with che town 10 identify its unique safety needsand implement a tailoredsolution that addresses the townsspecific challenges with thegoal of working quickly to implement the new program The town willexpand its current enforcement program to include more than35new school speedsafety camera enforcement locations 600 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 20 ©2024 Verra Mobility™ Proprietary and Confidential VERRA MOBILITY CITY OF EDMONDS El --W4SHING-0� HOMC GQ!i,'ChlMltrff KMnCU OOIJr1109"51H[U IWAHT TO... CXPI.OftCDMOWOS CITVJOB.S COd(dmAaOY«:J. � � r-tePnwvntm Pld#WPUN1e, kfloollbt.-� PUBLIC IHFORMATIOH � [r:�I SCHOOL ZONE AUTOMATED SPEED ENFORCEMENT ,U_P D,A,.T,E.S. n.&Oty otff�•.,..utoaU:Uut.,,--,.• -N tht-�as-,,,tunaw.lbt-hlttllt-dlo,,. ,.,,,..•..,OCl!Wowidleoll...,�•ll•IY wkhlll!... � .. ,_..,.202:J.UM �rnsdifi1�..Micn..,qu.� [ ............. Cftyc:ewdl�1i..Sdlool Z ...... Cffrltfa[flto,<c:lf'ICftt�at�of tNIWtlatMMdwor11.k&Al'ltolNl.lltM ,.,wry)..;roi,t �,dtitl&O-,nt11t_to,.. -'°"�"""'"'''tw�Qltf'IMOl"l,di, �n..t�f!dkbOolto,i,. 2'CU,4.Hnd.Jcm.WI j l:,t; N"4Gt.c JMf!CltcOffNldl�•�c� POMdrut-'doi.�aiiMIMdCMCt,_ �WcoacttftNl•eMJ.aM�l'ltJ MAPS un.i. ....... CtO��t\lt'clN --�dworil•wOYtadilook. OMOlfouth/shUlr,to«�C'.C,tl1.-WGIOlllld'll'u1nyotou,Khoo;�NMld dw:iM.ct.¥1.wort�the-"l Thw,llf'CfUt ..,.tord11c11-eic-t1tM�Jl\dkr'.d• alWttc:'\'mt.,�dr,-.,. . ,fflllilnd°""tdloo<s Thd.P«!f,Klit'd.ldur .... 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State of Hawaii 602 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#61l 122923 .- �.,.: MOBILITY ©2024 Verra Mobility� Proprietary and Confidential Internet-based correspondence: Atlanta School Zone Speed Cameras Generate $1.GM in First Months About 41,700 speeding citations were issued in 10 of the • - city's school zones during the first three months of the You Work Ko,d program. which startedin September. In one South --- Atlanta zone alone, more than 15,800 citations were =•t .C ::�,_, �o issued. ._._L._• 00000 --�,_..,...•..,...,,c.u--.'-T... Latest News Aprognm 111gcam,rn toll<ktt >p<td,nIn 10 dty orAtlUlU�I·-MO rand In ne•rl)•SJ.6 millJOJ1since the prognmbfgan Issuing dcker.sm Stplfflber. About◄t.700 spttdlngduillom WtttIssuedIn the Khool ronnduring lht llll'ff- momh porlod btginnlllg StpL18. tht first d&y,ptt<Ung lld<ets WU1!Issuedafter an InitialwAl'lllng period,uconllngtodocuments obutnNI and reviewed by 711� ........(l,,t•t...-.D ,.,..... 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October 16-20, 2023 National School Bus Safety Week 2023 Welcome to NatJonalSchoolBus Safety Wee!< a t,me ded,caled to ensunngtilesafely of our mos!llf800US cargo- our children NsbOllal Sd1oof Bus Safely WOekis October 16-20 2023 TIiisyeei we WII Zero In on Bus Safety. VERRA MOBILITY Page 24 ©2024 Verra Mobility· I Proprietary and Confidential 605 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Verra Mobility Launches Workforce Development Harlem TRE/IDlffG w:R The Fabulous, Lena Marycalhoun Home. 1917- HarlemRenaissance Wr1ter Anet StOl)'leller Hal1enite Oo<othy West. 1907 - 1998 H311emLegend Rosa Guy, Harlem Wrtters GuildCo-Foundef Anet More, 1922-2012 -Jadoe Ormes, Creator OfTorchy BrownInducted lnlO The Har1em Hall Of Fame V..-raMobili� Corpontlcm, • 1,odiJlgprv,'ider of mwt mobility tochnolog,I' solutions, bu laundiod a ""'' ..�� � �,, 1 VERRA MOBILITY ©2024 Verra Mobility� Page 25 Proprietary and Confidential 606 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 HDOT Rl!D-LIGHT WHAT DOI DO IF I R•C•NllA NOTt.CRt Puo4ctduaUonII u...keylO m.,JnQour a,t,..Ut-lffl!I' for mot.oril:ts.,C)'C1ntSand pades-tn1ins..To learnmore SAIFETY CAMERA lboUl,W0-U9"t�l/tltt Gato htt.pa!Ketr■ffkAhaw .......p,ct on� PROGRAM FW'll"l').CreditorcleCiltClt'OSfr"II�aVtSt.l.,. 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Verra Mobihty Response. Verra Mobility is the City's current red light enforcement partner and has worked with the City to deliver a model program that has resulted in safer streets and has garnered praise throughout the State. Our program was delivered on time and within budget and has continuously and reliably been operated since inception. No other provider brings our understanding of the City and our record of success on your streets, working hand-in-hand with the common goal of service to the community and enhanced safety. This program has encouraged safety, changed driving behavior, which has saved lives. Our company has worked in Florida for over a decade and currently has programs in 10 separate Florida counties. We are the only company with unparalleled experience and years of hands-on knowledge of how to deliver and support safety camera programs in the region. We define our success as the longevity of our relationship with our customers and their satisfaction level. Verra Mobility is the number one automated enforcement safety camera provider in the industry with approximately 9,000 red-light, speed, stop-arm, and bus lane safety cameras installed in nearly 270 communities and school districts across North America. This number is four to five times larger than our closest competitor. In the U.S. alone, we, together with our affiliates, process more than four million automated enforcement events per month from U.S. Installed camera systems, and we send approximately 1.4 million potential violations per month to our customers for their review and decision. VERRA MOBILITY Page 26 ©2024 Verra Mobility� Proprietary and Confidential 607 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 We bring unmatched first-hand knowledge of Florida. We currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Many team members are locally based, with some bringing over 11+ years of experience serving in law enforcement in the State. Our team consists of account management, licensed engineers, a construction manager and technicians. Verra Mobility has key relationships with City, Florida Power and Light (FPL). and Florida Department of Transportation (FOOT) to ensure permits are issued on time and schedules are met. Our company works as your partner, offering industry knowledge and stability. We are a long-term service provider with 20 years in the industry, and we were recently recognized and added to the S&P SmallCap 600 index. For Tampa, this means having an ally who will be able to serve your enforcement needs now and into the future with no interruptions and limited risk. We are also a public company, which means greater transparency into our corporate governance and financial accounting practices. This global footprint and financial strength give us the capacity to deliver more efficiently than newly established competitors that may lack the resources needed to ramp up implementation or provide the latest technology and equipment Our strong history with clients has led to an over 95 percent contract renewal rate. Examples of automated enforcement clients outside of the Florida include but are not limited to Norfolk, Virginia Beach, and Falls Church, Virginia; New York City, New York; Baltimore, Baltimore County, and Howard County, Maryland; Washington, D.C.; Clayton County, Georgia; Montgomery, Alabama; Memphis, Tennessee; Baton Rouge and New Orleans, Louisiana; Chandler, Mesa, and Scottsdale, Arizona; Colorado Springs, Colorado; San Francisco, California; and Seattle and Spokane, Washington. Please see Tab 6 for our list of references, which are a mixture of clients throughout the United States that have similar programs but also include programs within Florida. RFP Requirement: 5.11 Technology/ methods for determining and providing documentation that flashers were flashing during the reduced speed zone times as required by law when enforcement is being conducted. Such documentation shall be sufficient for evidentiary purposes. \ e ra Mob11it} Response Our system documents that flashers were flashing through the use of our 4K overview video of the violator scene. Upon receiving their printed citation in the mail, violators will be able to log into Violationlnfo.com and review the documented event through witnessing the entire video of the violation with the flashing lights. This is a process used and accepted by courtrooms in multiple states where Verra Mobility has deployed speed enforcement solutions. RFP Requirement: 5.12 Method for validating the existence and function of flashers in each school zone and the project plans implemented for providing maximum driver visibility and warning of entering a school zone. Ve,ra Mobility Response Our program provides for the validation of the existence and function of flashers in each school zone providing maximum driver visibility and warning of entering a school zone. The business rules established by the client to meet these statutory guidelines will be followed. Our reviewers look for all videos and confirm that flashers are included within the images. This is also included in the law enforcement packages. RFP Requirement: 5.13 The proper permitting, installation, initial testing, and ongoing maintenance of systems and components thereof including warning signs, signals, speed measurement and/or any additional components. Prior to installation, the system components shall be approved and permitted/ authorized by the Florida Department of Transportation (FOOT). All placement or installation of speed detection cameras must be done in compliance with Florida Statute section 316.0776 and all applicable Florida Statutes, and all Tampa City Code requirements. System components will be installed and maintained so as not to interfere with the operation of traffic control devices except where modifications to existing equipment is necessary to comply with law and or other approved design requirements. Interference or damage to any City, County, State, or private party equipment and/or infrastructure will be at Service Provider's expense. ,,. ,L 'C , VERRA Page 27 � MOBILITY � ?' ©2024 Verra Mobility� Proprietary and Confidential 608 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Ver a Mobility Response Yes. After the City approves the design plans and upon receipt of the required permits, we will begin site construction and system installation. Whereas Verra Mobility will have overall responsibility for the installation of the camera systems, we will work with Florida-based Honey Home Services, Inc. to construct the camera sites. Our recommended transition approach will minimize construction needed at the existing sites. Together, Verra Mobility and Honey Home will ensure safe and continuous traffic flow during all phases of installation. Verra Mobility complies with the requirement to bear the cost of repair or replacement of equipment and/or infrastructurefor damage resulting from accidental or negligence acts by itself or acts of its subcontractors. RFP Requirement: 5.14 The speed enforcement signs and how they are implemented in the program. Verra Mobility Response Verra Mobility brings decades of experience working with the Florida Department of Transportation and cities to provide and install the required signage for our programs. We also bring previous experience installing photo enforcement signage within the City of Tampa. Our programs include all the necessary signage to clearly inform all citizens of zones that are speed enforced. These signs are installed before camera operation begins at a selected location. Our signs meet and/or exceed statutory requirements and we will also work with the City for any additional signage needs. RFP Requirement: 5.14.1 Description of how the SOS and other processes will be established to ensure the SOS captures and how a capture is screened to ensure only violations during the authorized period of times within a designated school zone for excess speed are issued NOVs. Verra Mobility Response Our images capture the violations during the authorized period of times within the designated school zone for excess speed. Verra Mobility establishes these Notice of Violation (NOV) guidelines based on the City of Tampa's business rules. Those business rules are then used by our review staff to ensure that violations are within the authorized time periods. RFP Requirement: 5.15 The process used to review all violations for validity and process the data for events that meet specified criteria (Business Rule Qualifications) prior to providing access to alleged violation events via secure web site to the Tampa Police Department for review, determination of violation, and issuance of Notices of Violation and Uniform Traffic Citations. Please provide examples of Notice of Violation and citation processing software images. Verra Mobility Response: VERRA MOBILITY Page 28 ©2024 Verra Mobility� I Proprietary and Confidential 609 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Our review process is simple and the same as what is currently provided on Tampa's red light enforcement program. This benefits the City as many personnel are already familiar with the system and the extensive and accurate functionality it provides. Verra Mobility provides a robust and user-friendly citation and billing process through our Smart Mobility Platform back- office system (BOS). Our BOS is a secure, web-enabled system that can easily be accessed through a web browser, eliminating the need to install client software. This feature-rich, easy-to-use product automates many portions of the enforcement process from event capture to citation prosecution, thereby increasing efficiency and reducing operating costs. The system has been designed and proven to support the accurate processing of traffic events for enforcement programs across the United States. We maintain the resources necessary to handle a high volume of event processing activity. Our BOS's event processing module is the engine that transforms the digital evidence that is securely transmitted and captured at the roadside into prosecutable events and then delivers them to the offenders through: ✓ Image and video delivery: All enforcement camera events are securely delivered to us via wired and wireless communications ✓ Data evaluation: Through a combination of video analytics and processing automation, the roadside data is evaluated against a set of customer-defined rules and delivered into an evidence package, permitting the customer to quickly evaluate whether a violation occurred and to issue a citation ✓ Law enforcement notifications: Event data is forwarded to law enforcement and includes images and video, a close- up license plate image, and vehicle owner registration information. The platform and notifications will be very familiar to the Police Department due to our previous photo enforcement partnership and work. ✓ Determination process: Officers are provided a complete review package with all pertinent information on one page that can then be approved or dismissed. This process, known by many officers through our previous automated enforcement program, is both simple and secure. The following is a step-by-step description of the citation, billing, and reconciliation process. VERRA MOBILITY Page 29 ©2024 Verra Mobility� Proprietary and Confidential 610 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Events are reviewed, pre-processed, and queued for law enforcement's (LE) review and determination as to whether a violation occurred. LE gives instructions to Verra Mobility using a Business Rules Questionnaire (BRQ) that directs us to follow your preferred program operating procedures and ensures compliance with Statute requirements at all levels. The following table describes the advantages of our back-office system. Law Enforcement Review Authorized City personnel will determine whether a violation has occurred and review each citation prior to the City's issuance of a citation within the BOS. As an online, secure, web-based system, the system enables authorized personnel to perform processing functions from any location with internet access. No applications or complicated software needs to be installed on the City's computer systems. Login and access to the system is protected via TLS encryption, which provides a secure connection to content accessible via the internet by authorized personnel. Our secure system provides data authorizations for various levels of user access for various functions with restrictions on ediUdelete functions. All transactions are auditable. Images captured by the enforcement system are packaged Into event files with unique identifiers, digitally signed for both verification and security of information. Each image has a digitally imprinted data bar that can be customized to display information around the offending vehicle including location, date, vehicle speed, and elapsed time between images. Police can select multiple images including the vehicle before the enforcement zone ("A" shot), vehicle after the enforcement zone ("B" shot), license plate zoom, and video of the captured event. The City can configure the rejection reasons. y VERRA MOBILITY Page 30 ©2024 Verra Mobility• Proprietary and Confidential .f',1'.._ .......... � (;.�� Image Crop (V1) - Verra Mobility ensures high quality and high volume event capture in accordance with City business rules High quality and high volume event review: > Auto and manual processing ::, High volume - inhouse and outsourced processing options > Screen exempt vehicles automatically and/or manually > Image enhancement OMV - Verra Mobility provides advanced OMV lookup capabilities to ensure high success in matching events to registered owners High success in OMV returns with advanced features: > Pre-lookup verification > Failed return management (auto-retry, auto-switching, reprocessing of no-return) > National Change of Address verification (optional) � Undeliverable mail reprocessing (skip trace) Verify Notice (V2) - Verra Mobility continues to ensure high quality and high volume with a second verification of event capture and registered owner details High quality and high volume event review: > Auto and manual processing > High volume - inhouse and outsourced processing options > Image enhancement > Registered owner verification > Send to supervisor, re-crop 611 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 We provide an example notice of violation and sample citation processing software image Police Review screens that law enforcement will typically see when reviewing events below. Note that license plates have been concealed and the screen data modified to ensure privacy. Example Notice of Violation: .II.IIC.t .<I ......... , Cit,,lt- ._,...........,. ,..,.. l"r-,,-N.... PO�nott O..••------ - ,-...AtltzlWM1 .....U.,.tu..• .. 0--WMN NOTICE Of VIOLATION DUIUDUllllll -- , , .........._.,.. -.,.-,_- ......�'"""' . ,,, ---_··-_- ·-..,. .... _._. ,, .._..._ ,. .....,.,.._ •.o ......... u, ,, .-._-_-_-----......--- .......Wo\N1J.WU1 II Ut 91 tt t ttl 111 flt t ff it.NOUWTOUC:1.AX.• l ,.,ll-ta:t0J1'1l IMIS'IO'll"Miit. lOIIDGII VERRA MOBILITY Page 31 ©2024 Verra Mobility-, Proprietary and Confidential 612 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 A VERRA .a� ,. .., MOBILITY ©2024 Verra Mobility* I Proprietary and Confidential Citation Processing Software Images: Figure 2 Police Review Screen - Overview Image 1 "A" Shot and Video 613 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 A VERRA .a� ,. .., MOBILITY ©2024 Verra Mobility* I Proprietary and Confidential .."� Page 32 v 614 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 A VERRA -t �� MOBILITY ©2024 Verra Mobility'" Proprietary and Confidential Figure 4 Police Review Screen - Plate Image and Video "4. � v Page 33 615 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Figure 6 Police Review Screen - Configurable Rejection Reasons RFP Requirement: 5.16 The storage of all data captured by a speed detection system to include the amount of data capable of being stored, data retention, and full description of access to the data and backup systems used to ensure the preservation of all data captured by the speed detection system, whether the data includes a capture of a violation. Verra Mobility Response Yes. As required by statute and per your requirement 5.82.1, we will provide the City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event. We will ensure they are properly dispositioned within 90 days after the disposition of the event. Our Smart Mobility Platform is a robust, web-enabled, and fully secure BOS. This feature-rich, easy-to-use system automates many portions of the enforcement process from event capture to citation prosecution, thereby increasing efficiency and reducing operating costs. The system has been designed and proven to support the accurate processing of traffic events for enforcement programs across the United States. We maintain the resources necessary to handle a high volume of event processing activity. Our Smart Mobility Platform and event processing module is the engine transforming the digital evidence securely transmitted and captured at the roadside into prosecutable events and delivering them to the offenders through: ✓ Image and video delivery: All enforcement camera events are securely delivered to us via wired and wireless communications ✓ Data evaluation: Through a combination of video analytics, interfaces with third-party data providers, and processing automation, the roadside data is evaluated against a set of customer-defined rules and delivered into an evidence package, permitting the customer to quickly evaluate whether a violation occurred and to issue a citation ✓ Law enforcement notifications: Event data is forwarded to law enforcement and includes images and video, a close- u license late ima e and vehicle owner re istration information VERRA MOBILITY Page 34 ©2024 Verra Mobility- Proprietary and Confidential 616 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 35 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirements: 5.17 Samples of all notices, letters and correspondence sent to customers, The Department of Highway Safety and Motor Vehicles or others in processing and administering the school speed zone safety program. Verra Mobility Response Verra Mobility has worked with the City for over a decade to design notices, letters of correspondence and more in coordination with the Department of Highway Safety and Motor Vehicles and other agencies. We have included a sample notice of violation in RFP section 5.15. Examples of letters of Correspondence are provided below. Sample Notice of Liability -,.,,,,-....�-�� NOIC:e•117Aae ro,_,..., ,..................._,,.�-...... P1N·t2M 1...-,.11Z.M2U.lOl1 o-•ers:rrt_m_,. ....... ,_ lallllUIIIIIIII IMEe........ -·- .-.- ... - NOTICE OF LIABILITY tDAHYNAMEST . � ..... 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M------...�....(..R._I V.£W): ....,. -db-,.-.bo-b..,.,_dt-., II --�RIA\/lt� Tllo 1ot•--------ofN .. .,._ ..... anb:fnmtoftil..._.PIMNmaltDVdlllloll'l�eer..-. POBca220tt. T..- llZ.W.2D01.0t....... lD.iloCl't1QtlliRl♦,b.cprt1.,arllllC I-D MIO,-I,IJ.-6309 You.. M,._........D,f.....G,.J.ICbICelm_ll)ymil.M!lplft-..O... aallllrlOhAllliM... NO�t --•ndNIRd.. �OITA&.CAIICOIIPANIE"fpn•-- ........-.---�--- .....-1\■_,d..,_O>N �PttanhgC..,. POBm.220l1, Tarnpa,AZl528&-2Gl1 PlaaNamml... �pdDrlD.. 611._d._Naim ,., Clly'a.-S. ...... ,. !!JC!D!lil!mS!ldl mtd:lJ'!ale:°' ca1Cua1omer-SefflmetoatrNt• 't tlll)N1.&HI.. 618 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 37 ©2024 Verra Mobility'" Proprietary and Confidential VERRA MOBILITY Sample OMV Hold Notification UyTown P� o.p.,w..nt Aulomatod Enl-l>Mlloft 123-- lllyTown, Ill)12S46 1111111111111 DATE: 07m'2017 JOHNSWTII Pt.ATE; MDA8C123 12:W JUN IITltEET WI, ANYTOWN�MD SpoodCllo-11234- The--llled-hOlnot_,pool_.,. The.._ll., llebOn (MVA).,.. _,,_to puce a Illig ogokm your- ,-d - pr- your -- lrom being ienewod or Y""' p111.. - Thia log rd -- log lee .- lrom ,_ to utidy the �-le-aelI.,.I..Jl,gl'II- ii_-- �odll-oglmpoo-eclTh.. llµ--.lll g- the Ml/A- The WA lo, INtnnl bepaid I0111e Ml/A and ii In_ ID_ and,,,,, I ,D_Myl_,Polee �M l /A ""10nllg_,,..,be_lO.. ........... ,,. ...,c.wllCdoc:llcnl,O,alo,CdleC:ll0n. 5_-...y . , MTyownPolioo0epa1mert 619 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 38 ©2024 Verra Mobility- I Proprietary and Confidential VERRA MOBILITY Sample Affidavit of Non-Liability City of MyTown Aut-odCamera�Program AFFIDAVIT OF NON-LIABILITY -ofC M _ v.tlldouc.n..-.-. ----- tlh.,._aboritt ,_...,.. ,.....U-clglNmm.....a......-h...ilmM.. �nghld NIIDnlol.. ,._...OIO,.-� Allo..........� .. ,.._,.,_, ....ro,._,. .... � MN� PINN_..Clitlftt.-a ....an,m,,....s•.....,�- I .. Mc1110tolCM'VCIIII- ICWIIHull'lt.llt.f'ldllfot�.. 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M.. ._.,.. �. ............... _.•._�olCM 01.............................. ce,f....,_..,..,.., --a�·-..................... .,........UIPW'..,. ..,...... - - ... -,_..·.............,......_ �-..,..�.. y.,,_..,_.. ... - TOW ......... y_ ..... ,-,.,. ,,,.c:.-_ 620 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 39 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP#Gl 1122923 Sample Dismissal Letter -�l�lyT -_ --- ,n ....... ¥--•nu - DAT£: ADllflUS "-'"' cttY, STATE U' R£:CITATIOIU --�-SPE-E_D M-ON-ITOR�ING CITA-T I O N-VO-IDED- -- °""- _,, _,� ..,.,.......... ....... .. .. .... be,,...._,bJl(allOapc,all'flCCUIIOUll'lllttt.. llldllon.. ,,.,.-...-- ..........�-c.--••---··· �"JT_�,,..,,,-, J1J."-tSirwd .,,T--1:UU 621 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 MOBILITY ©2024 Verra Mobility· 1 Proprietary and Confidential Sample Hearing Notification Letter -.,,....... 0-.-- - ,n......... ..,,....-tDU -..... CITY,ITAff DI' a:.CITATIIM• n.«-r....,. ...th:,w-. ............ ,.�.. --tdloMc!Jfw- ll'21DltS-.ll,U,t -...c. ...... ,_ tu,v.. s.-. M),lo-a.SlallrllltS lr,-�dicG-........,...........,.. ....,..,....,....ffl_......nall«..,.,--,uW. li,-1o...........,. ... ....,,....,._�-�•..•Na�� .f.l.w..m..M..•.•.ta..}-.O,.i.ll.li.s.l-., .................,.....,.�.. ..,C..l.a.l.a.l.-..r.• ,....,. ......... ,-Jdwflaw•,,_.hr �U..,.12J,..,_S....W,.T.,,.._,._,1M.s._T��-........t...._7'1Mltl PA.\Mr:.,,-c,pnn.n.'IZ Wll.J,.M)t"11£SU.T� POl."'ff.SA.'d>Cil1'.sorlit USt..DTOL"altlSE \lM..'lll"-Sl'llA.'1CI.ILI.Ttl. ....,,., ...�,_.�...........M.-11.,�.,... ....,,,.,,..,,,,,_ , ,...,..,_,.1,J4jf.....,.�,.,,,_.,,,_.,,,,..nr:M-JU-'S.� RFP Requirement: 5.17.1 Successful Proposer shall provide sufficient and trained staffing to open: count, batch, log, review, and process correspondence letters received each day. It is The City's desire that a minimum of 90% of all correspondence be processed within one business day of receipt, with the remaining correspondence processed the following business day. Verra Mobility Response Verra Mobility currently provides the exact counting, batching, logging, review and correspondence process services on the City's red light program. This process is known to the City and has resulted in more than 90% of all correspondence processed within one business day of receipt, with the remaining correspondence processed the following business day. No other company has a current record of success providing these exact services to the City of Tampa. RFP Requirement: 5.17.2 Successful Proposer shall provide a correspondence imaging system that ensures all correspondence received is electronically scanned and available for customer service staff and The City. Verra Mobility Response Verra Mobility's smart mobility platform is currently in operation in the City today providing all of the correspondence imaging services required for our red-light program. Our platform provides flexible and professional print and mail services that can handle any volume: • Partner with industry-leading print vendors for scale/quality • Provide return mail processing (correspondence, transfer of liability) VERRA Page 40 622 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 MOBILITY ©2024 Verra Mobility� Proprietary and Confidential • Create citations and mail within established business rules • Client can immediately access/download/ print citation info • Option to allow client to prinVmail RFP Requirement: 5.17.3 Proposer shall describe methodology and detail advantages for handling, processing, and tracking incoming correspondence. Verra Mobility Response We will work with the City as we currently do on your red light program in the creation and approval of all notices and correspondence that will be used for the City's program. Our methodology starts once an event is confirmed and approved by law enforcement, the BOS will automatically queue the citation for printing and mailing. Verra Mobility will mail all approved citations by First Class Mail within the City's requirement and include a self-addressed return envelope with a designated address. Each citation also displays a digital signature of the law enforcement officer or program employee who authorized it. All citations are printed on high quality paper to eliminate smudging and provide the violator with clear visibility. Citations are fully customizable, and Verra Mobility will work with client stakeholders to ensure that all required verbiage and notice layout fit the statutory and program requirements. We maintain a strict chain of evidence and robust quality control to protect the confidentiality of citizen data. Verra Mobility's mail processors will review and scan all incoming mail daily. Additionally, we handle and process all return mail. Returned mail is noted in the system under general correspondence as "returned/undeliverable mail." This information is viewable under the event's history 24/7 by authorized personnel. If a forwarding address is provided with the returned mail, we will re-address the citation and re-send it. RFP Requirement: 5.18 Identifying the registered owner of a vehicle. Verra MobI1tty Response Yes. Verra Mobility provides advanced DMV lookup capabilities to ensure high success in matching events to registered owners. We have a connection to FDOT for in-state vehicles and utilize NLETS for out-of-state plates. Verra Mobility uses an automated online and real-time interface from the National Law Enforcement Telecommunications System {NLETS), a not-for-profit international justice and public safety network that provides a reliable link to keep the criminal justice community connected and the public secure. Our NLETS Strategic Partner certification was granted in May 2006; we were the first certified NLETS Strategic Partner in the Road Safety Camera industry. Since February 2023 in Florida, our system uptime was 100 percent, and client processing time averaged 48 milliseconds. It accomplished this accuracy and speed by working to protect the public 24 hours a day every day of the year. For more information on NLETS, please visit their website at www.NLETS.org. If an issue does occur, such as a "DMV not found' error, then staff will revise incorrect license plate information and resubmit it to obtain the vehicle registration information. If multiple registration data is returned by the OMV, then the violation image is moved to the Type Selection process. Here, our staff members have access to decision support tools to show sample rear images of various vehicle brands and makes. The Verra Mobility camera captures images with very high resolution and color, day or night. This enables our staff to identify the make and model of the motor vehicle when viewing the captured photos. In the Final Review step, a second staff member performs a final review of the violation images and verifies that the vehicle license plate, registration information, and vehicle information matches the vehicle shown in the images. RFP Requirement: 5.19 Providing and handling affidavits as allowed by law alleging another person was driving the vehicle at the time. Verra Mobility Response. VERRA Page 41 623 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 MOBILITY ©2024 Verra Mobility� Proprietary and Confidential Verra Mobility has a proven process that allows for another person to nominate the driver of a vehicle at the time of a violation. This is a process that is already followed in our current red light enforcement program with the City of Tampa. RFP Requirement: 5.20 Providing and posting signage as required under s. 316.0776, Florida Statutes. Verra Mobility Rtlsponse Yes, we comply and have experience clearly marking our locations with the required signage. Our construction team is seasoned in the process of requesting permits and installing signs within Florida. RFP Requirement: 5.21 Assisting with public announcement campaign as required under s. 316.0776, Florida Statutes. Verra Mobility Response Yes. We have designed public announcement campaigns for more than a dozen Florida clients with automated enforcement programs. We will work closely with our clients to tailor our campaigns to your preferences and the communities that you serve. Please RFP Section 5.9 for information on our public awareness services. RFP Requirement 5.22 A time delay system between when event is witnessed, and when it is processed, in such a way that no event is processed inadvertently due to external factors that may impact zone enforcement (e.g., weather conditions, unexpected school closures). Ve ,� Mob1llty Re�ponsc Our systems have internal time mechanisms that ensure that weather conditions, unexpected school closures and other issues do not have a material effect on zone enforcement. This is inclusive of our robust internal review process. RFP Requirement 5.23 Maintenance and technical support of web-based interface to be used by the agency and court in the review and processing of citations I cases. Verra Mobility Response Our established processing for the red light enforcement program already has a web-based interface in place that is used by the agency and court in the review and processing of citations / cases. The proposed school zone speed program would use the same web-based interface for court and financial review and processing. RFP Requirement: 5.24 Web-based or other system where authorized users of the system can conduct audits of payments received, disbursements and or other information related to the financial aspect of the contract / agreement. Ve1ra Mobility Response Yes, we have web-based platform is currently providing these exact services on the City's red light program. The platform allows for viewing event history such as payments received, disbursements and more. It also contains a comprehensive reporting package that allows persons to view program statistics, available 24n. RFP Requirement: 5.25 Yearly reports as described ins. 316.0776, Florida Statutes. Verra Mobility Response Yes. Our back-office system produces yearly reports in compliance with Florida Statute 316.0776. RFP Requirement: 5.26 Business practices related to the processing of automated school zone speed enforcement violations, including but not limited to each of the following areas: Verra Mobility Re-sponse. V VERRA Page 42 624 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 43 ©2024 Verra Mobility- Proprietary and Confidential , VERRA MOBILITY Yes, we comply. Please see below for details on the denoted areas. RFP Requirement: 5.26.1 Review process and transmission of violations to the agency. VE;rr Mobillty Response Our review process is similar to what is currently provided on Tampa's red light enforcement program. This benefits the City as many personnel are already familiar with the system and the extensive and accurate functionality it provides. We provide a full workflow of our violation process in our response to RFP requirement 5.15. RFP Requirement: 5.26.2 Mailing of duly authorized Notices of Violation to the registered vehicle owner for payment. Verra. Mobility Response Verra Mobility mails all Notices of Violation to the registered vehicle owners in compliance with all statutory and business rule requirements. We provide full printing and mailing services with our program that have been honed over decades serving the automated enforcement industry. Once an event is confirmed and approved by law enforcement, the BOS will automatically queue the citation for printing and mailing. Verra Mobility will mail all approved citations by First Class Mail within the City's requirement and include a self- addressed return envelope with a designated address. Each citation also displays a digital signature of the law enforcement officer or program employee who authorized it All citations are printed on high quality paper to eliminate smudging and provide the violator with clear visibility. Citations are fully customizable, and Verra Mobility will work with client stakeholders to ensure that all required verbiage and notice layout fit the statutory and program requirements. We maintain a strict chain of evidence and robust quality control to protect the confidentiality of citizen data. Verra Mobility's mail processors will review and scan all incoming mail daily. Additionally, we handle and process all return mail. Returned mail is noted in the system under general correspondence as "returned/undeliverable mail.• This information is viewable under the event's history 24n by authorized personnel. If a forwarding address is provided with the returned mail, we will re-address the citation and re-send it. RFP Requirement: 5.26.3 The process for any violator and authorized City employee to access of evidence relating to the violation. Ver, a Mobility Response A violator has access to all evidence related to their violation provided through our website Violationlnfo.com, similar to how they would access red light camera violations. For City employees, the program manager authorizes access and it is then created through our Customer Support Specialist. RFP Requirement: 5.26.4 The process for receiving and remitting payments from violators. Verra Mobility Responst> Our red light program currently provides a successful banking system to the City of Tampa. We will work with the City on any additional needs. Below is a description of our banking system that is currently being used by the City: • Citation payments made through each payment channel will be deposited daily into an existing account or a new account opened by the City at a bank of the City's choice. • Verra Mobility will facilitate the establishment of the lockbox. 625 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 44 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY • Verra Mobility will maintain the lockbox with its channel partner (RU) • Verra Mobility will facilitate the establishment of a merchant account with ACI Payments • Verra Mobility will maintain the public-facing website, and facilitate electronic payment processing (Including IVR) • Verra Mobility will provide BOS reporting to the City on citations paid The following is a description of the payment processing channels4: • The Client will be required to provide completed banking forms, which may include among others a participation agreement and sub-merchant agreement with the payment processor as well as a bank verification letter prepared by the Client's settlement account's bank, and a Form W-9, Request for Taxpayer Identification Number and Certification. • When a notice is issued with a fine amount, there are multiple payment channels from which the payer may choose. All payments are tracked by payment source (phone and web, and lockbox and walk-in) and payment method (check, money order, credit card and eCheck/ACH (automated clearinghouse)). • The BOS allows for applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals to be tracked. Verra Mobility partners with a provider for lockbox services. We also have a relationship with ACI Payments to provide payment processing services for online and phone payments. The following are the multiple options that Verra Mobility can makes accessible to citation recipients depending on the City's preference. Lockbox Payments Each notice includes a payment coupon that the violator mails in with his or her payment by check. All lockbox payments are mailed to the lockbox vendor's address. The lockbox vendor handles the lockbox payment channel and deposits checks and money orders directly to a Client -designated account. Phone Payments Violators have the option of paying their fines over the phone utilizing our interactive voice response (IVR) system. Each notice will have our toll-free customer service number listed on it, which violators can call to enter their payment information (credit card or a-Check) over the phone. Violators also have the option to listen to frequently asked questions (FAQs) and other program-related questions. They can speak to a live agent if they need information that is not available in the system's pre-recorded messages. A convenience fee is applied to the payer. Walk-In Payments For those violators who wish to make a payment in person, violators can make payments at a Client facility (if the Client desires to offer this option). Each notice will include instructions to the payer to go to the designated location for walk-in payments. To increase collection capabilities and payment rates, Verra Mobility offers its clients the ability to provide a walk-in cash payment option to violators through MoneyGram™. 4 For Customer to select Tier 2 or Tier 3 payment processing channels, Customer will be required to provide completed banking and payment processing forms and related agreements, which Include among others: • a participant agreement and submerchant agreement with the payment processor; • a bank verification letter prepared by the Customer's settlement account's bank; and • a Form W-9, Request for Taxpayer Identification Number and Certification. Copies of banking forms and related agreements will be provided upon request. Neither (i) certain vendors of Verra Mobility, which perform licensing, testing, or qualification of equipment nor (ii) payment processors and other regulated entities, such as U.S. Bank or cellular service providers, are to be considered subcontractors of Verra Mobility under any resulting agreement with Customer. 626 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 45 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY With MoneyGram ExpressPayment™, payments are processed and then credited electronically at retailers throughout the nation, such as all Walmart, CVS Pharmacy, and many other well-known retailers. MoneyGram can help violators avoid late fees and other consequences with a same-day walk-in payment option. Payment availability through MoneyGram locations allows Verra Mobility customers to better serve citizens by providing a convenient and affordable bill payment solution for the •unbanked' and •under-banked" population, who operate mostly with cash. A large network of retail locations can increase the likelihood of citation payment for those without a checking account or credit card by making the process simpler and placing it closer to where the violator resides. This payment option can help you optimize your program by collecting funds in a more timely and efficient manner. This convenient payment option is available at no additional cost to the Client. Any transaction fee charged to the violator is paid to the MoneyGram Express Payment vendor. Web Payments Verra Mobility has a relationship with ACI Payments to provide online and phone payment processing services. The online payment channel allows violators to pay independently online through our public-facing website. Most major credit cards are accepted. Verra Mobility's processing system provides validation of the notice numbers, PINs and balances during the session transfers with ACI Payments. A convenience fee is applied to the payer. Funds Deposit Funds received through all payment channels are deposited daily to the Client's designated bank account. A record of these payments is entered into the BOS and the balances are updated. RFP Requirement: 5.26.5 The process for challenging violations. Verra Mobrli1y Response As shown in the previous workflow, violators can request a hearing or appeal via our easy-to-use customer service website, just as they can for the current City of Tampa red light program. Each citation is printed with directions for the violator to access our online platform and includes a unique PIN for the violator to use when securely accessing the site. - The public-facing website is customized for The City to display a unique background image, frequently asked questions (FAQ), and general program information. This website can be used to view evidence. It contains a direct link to an external website to allow violators to make a payment, schedule a hearing, or obtain more information on the program. Our website could translate content into Spanish - with the option to translate into other languages as well - to provide a user-friendly experience for violators whose native language is other than English. RFP Requirement: 5.26.6 The process of setting Notice of Violation hearings. \J-erra Mobility Response Our back-office system provides simple functionality that allows for these dates to be set. This is a process that has been established by virtue of the current red light program and this process would follow the same path and allow for the use of the same hearing officer. RFP Requirement: 5.26.7 The process for setting traffic court hearings for citations. Verra Mobilit� Response. 627 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 46 ©2024 Verra Mobility� I Proprietary and Confidential VERRA MOBILITY Our process for setting traffic court interfaces is the same as our process on the current Tampa red light program. Our back- office system provides simple functionality that allows for these dates to be set. RFP Requirement: 5.26.8 A description of evidence materials and method provided to hearing officer and/or traffic court. Verra Mobility Respc.nse We provide a court packet similarly to our current process on the red-light program that includes all necessary evidence materials. The electronic Evidence Package provides the following information: • The violation images, associated video clip and data • All issued and disputed notices • Camera log report • Any other relevant documents (such as letters from the defendant) that may be included in the file prior to each • scheduled hearing The Evidence Package is an Adobe PDF file that can easily be passed to the Court for reference by the hearing officer or judge during the hearing. RFP Requirement: 5.26.9 The generation of Notice of Violation hearing dockets within parameters set by The City. Verra Mobility Response Yes. This is BRO driven and provided to the City through our system functionality similarly to how is provided on our red light program. RFP Requirement 5.26.10 Process for preparing and sending Uniform Traffic Citations. Verra Mobility Response Once an event is confirmed and approved by law enforcement, the back-office system automatically queues the citation for printing and mailing. Verra Mobility mails all approved citations by First Class Mail following the City's requirements and includes a self-addressed return envelope with a designated address. RFP Requirement: 5.26.11 Process for handling affidavits setting forth an exception. Verr.. Mobility Response All affidavits are received by our company and collected in our system for exceptions. We review the exception and decide at that time. RFP Requirement: 5.26.12 Qualification of employees reviewing violations. Verra Mobility Requi�ment. We have seasoned staff at our processing centers that specialize in speed and red-light enforcement. We also bring decades of experience reviewing such violations. RFP Requirement: 5.26.13 Process for unpaid Notices of Violation and Uniform Traffic Citations. Verra Mobility Requirement: We can provide collections and services to include uniform traffic citations as allowed by law. We have extensive experience providing these services throughout The United States. RFP Requirement: 5.26.14 How a payment plan could be offered. Verra Mobility Response· 628 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 47 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY Verra Mobility does provide a partial payment plan option. Below is a description of how the payment plan is initiated and administered: The citizen must mail in the citation coupon on their First Notice (select the Payment Plan checkbox) and mail in a minimum payment of $25.00. The minimum payment can be sent in via mail, phone, or online. The partial minimum payment must be received to fully commit the citizen to the Penalty Payment Plan. Once approved, the citizen will be notified of acceptance into the Payment Plan through a letter. This letter will contain the new due date (90 days added to existing due date of first notice) and give them their payment instructions. Lack of payment in full by the new 90-day due date results in a registration ho ld being placed on the license plate. RFP Requirement: 5.26.15 Customer service plan. "e (i Mobility Rf'sponse Our proposal is full service, offering a customer service spectrum including call center payments, IVR and more. We will provide these services noted below as we currently do on the City's red-light program. IT Service/ Help Desk The City of Tampa will have access to our IT Service/Help Desk. The City can contact their assigned Verra Mobility Client Support Specialist (CSS) by email or phone, and the CSS will respond as soon as possible to help resolve issues or answer questions. If the City needs assistance outside of normal business hours, a representative will return the caller's voicemail within 30 minutes. The IT Service/Help Desk provides on-call coverage for emergencies, such as for account lockouts and service outages. Call Center Verra Mobility includes a toll-free number on each citation to speak with live customer service representatives. The call center ls available to answer calls Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time. The public can also utilize our Interactive Voice Response (IVR) system, which provides violators the ability to make payments and obtain real-time updates on their citations 24/7 . Call center staff are trained to handle all questions and concerns regarding road safety cameras. Additionally, customer service representatives maintain a professional and courteous demeanor while assisting with a variety of call topics including but not limited to violations and photo enforcement programs. In the event a customer service representative receives a call that is unique or of high-scale concern, such as threats made against agencies, the call will be escalated. Verra Mobility supports programs all over North America and has extensive experience dealing with non-English-speaking constituencies. The call center employs multilingual agents in addition to English-speaking staff. IVR System We also support a 24/7 IVR system, which allows the public to make inquiries by using their unique citation number or license plate number. Callers can easily obtain citation information including the issuance date, citation number, and license plate number. Each call begins with a welcome greeting, details to find the online platform so they can make a payment, and other information to support the payment process. The IVR system provides callers with access to real-time, detailed citation information that is directly linked to the database. To ensure violators can fully understand their citation details, callers will have the option of hearing information in either English or Spanish. Citizen Inquiries Verra Mobility staff are available to respond to citizen inquiries outside of the call center. such as those received via fax. email, or online through the public-facing website. These trained staff provide the same information as the call center representatives. We use the rules and policies established by the City during the business planning session and have an online tool for reference to provide consistent answers. 629 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 48 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY RFP#Gl 1122923 RFP Requirement: 5.26.16 Initial and continued training for rotating The City. Verra Mobility Resp ,nse· We provide extensive training resources and materials as a part of our proposal. Broad training is provided at the City's request. Our training overview is provided in our response to requirement 5.27.4. RFP Requirement: 5.27 Maintaining all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications which may be necessary during the term of contract. Updating equipment and technology during the term of the contract as new technology becomes available. Ensure all hosting platforms are secure and meet all requirements of City's Cloud Hosting Policy. Verra Mobility Respc-nst. Verra Mobility maintains all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications for the term of the contract. We provide automatic upgrades and enhancements to the systems on a regular basis and ensure that they are compliant with Florida Statutes. Verra Mobility is CJIS and NLETS compliant and meet all industry best standards and policies. We currently hold the City's red-light program and are compliant with the City's Cloud Hosting Policy. RFP Requirement: 5.27.1 Ownership, maintenance of camera, video, sensors, computer, and all related camera system equipment shall be the responsibility of the Successful Proposer throughout the term of the contract. Verra Mobility Response Yes, we own, maintain cameras, videos, sensors, computers, and all related camera systems equipment, which will be the responsibility of Verra Mobility throughout the term of the contract. Our maintenance procedures are included within our response to RFP requi rement 5.81. RFP Requirement: 5.27.2 Successful Proposer shall guarantee to repair or replace any inoperable equipment within 72 hours of detection by the Successful Proposer or notification by The City. Vena Mobility Response· Yes, Verra Mobility will guarantee repair or replacement of any inoperable equipment within 72 hours of detection by Verra Mobility or after notification by the City. RFP Requirement: 5.27.3 Describe the proposed standard process for how often the cameras systems will be visited for maintenance and inspection. Explain what occurs during a maintenance and inspection visit. Verra Mobility Response We typically visit camera systems twice per year. A preventive maintenance cadence will be established per Tampa's requirements. These preventive maintenance visits include the following proactive activities: 630 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 49 ©2024 Verra Mobility"' Proprietary and Confidential VERRA MOBILITY • Clean all glass. camera enclosures, strobe housing. lens covers and polarizers (of graffiti, dust, oil, and other grime) • Inspect all enclosures for proper seals, locking mechanisms, etc. • Inspecting and tightening all cables, connections, and terminations. • Test full functionality of the system (triggering, test shots, strobe, and video). • Visually inspect the site environment (road surface conditions, signage, and obstructions such as tree branches), photographing any potential issues and relaying information to field services and client project management for decisions on corrective action. • Test voltage coming to the system and being supplied throughout the system. • Ensure proper grounding. RFP Requirement 5.27.4 Successful Proposer must provide ongoing training support for their product as requested by City throughout the term of the contract. Proposer shall provide details and documentation on its recommendations on training method(s) and schedules for initial and on-going training for City personnel as it relates to utilizing the proposed camera system. Ve,,a Mobility Response Verra Mobility will provide ongoing training support for our products as requested by City throughout the term of the contract. We will provide details and documentation, recommendations on training method(s) and schedules for initial and on-going training for City personnel as it relates to utilizing the proposed camera system. Verra Mobility is committed to excellence; therefore, our training is designed to deliver content that is specific and relevant to the program that the customer will operate. This includes facilitator-led training sessions that may occur on- site or virtually. Each training course will be accompanied with digital or printed training materials on the topics or functions being trained. As the project evolves, a member of the Learning and Development team will consult with the Verra Mobility Account Manager and the customer's stakeholders to establish a training plan including the timing of training, class sizes, delivery method, facilities and resources needed. Our trainers have over 32 years of combined experience in the photo enforcement industry, and each trainer on our team has at least 11 years in the Learning & Development industry with a focus on facilitating adult learning. Recognizing the importance of the National Highway Traffic Safety Administration's guidance for basic training in Radar and Lidar Speed measurement, our trainers are certified instructors of Police Traffic Radar and Laser. The City will receive a range of training options to ensure that all users are properly trained in relevant aspects of the systems and program management. Course Catalog This course provides participants with a comprehensive introduction to the camera Program & systems and back-office workflow, from roadside event capture through citation Technology issuance and post-issuance services. Content is tailored to fit the audience's roles and Overview responslbillties and can be customized to be delivered at multiple levels of depth. This , is offered as a standalone course or can be combined with any of the Functional Training courses. � The Event Processing course instructs designated personnel (typically Law Functional Training: Enforcement) to operate our easy-to-use back-office system. Participants are trained Event Processing on system navigation & functionality, and all available tools used when reviewing potential violations. This training includes hands-on processing of events when delivered immediately following camera activation and program launch. 631 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 50 ©2024 Verra Mobilityw I Proprietary and Confidential VERRA MOBILITY This course is designed specifically for those personnel who will be receiving and entering payments into the back-office system, should the Program choose to accept Functional Training: payments locally. This course guides participants through the process of applying I Payment payments with hands-on practice. It also demonstrates how to use reports to monitor Processing the payments recorded daily by the City's users, and other payment-related functions. This course is only necessary should the Program opt to accept payments locally and use Verra Mobility back-office system as the system of record for local payments. --+-- This course is designed specifically for personnel, typically finance or accounting Functional Training: personnel, who handle reconciliation of revenue received for the program. This Finance and course is customized for each program. This includes reconciliation of revenue Reconciliation received using on-demand reports, and when applicable, documenting refunds issued and documenting returned payment items. This course instructs Court personnel how to use our back-office system to retrieve Functional Training: evidence packages, process Affidavits, manage hearing schedules, record Hearings & dispositions, and utilize the system reports associated with contested citations. Adjudication This training is only necessary for Programs which elect to use our back-office system to facilitate their court procedures, including Administrative Reviews, Hearings and/or Appeals. IFunctional Training: This course instructs personnel how to access and utilize the back-office system Reporting reports feature. The course is tailored to focus on the reporting pertinent to the audience's roles and responsibilities. I This course can be integrated into any of the Functional Training courses or can be a stand-alone course. Course Delivery Format All courses listed as Functional Training can be facilitated on-site (in-person) or virtually. At initial program launch, training may be conducted on-site or virtually, dependent upon the City's preference and social/environmental conditions which may restrict travel. Subsequent Training (After Initial Program Launch) Throughout the life of your program, facilitator-led training is available upon request (subject to trainers' availability). Subsequent training including refresher training for existing users or training for new users added after initial program launch is delivered virtually. Participants may attend virtual classes individually from their own computers or gather in a central location such as a conference room, training room or computer lab. Virtual classes are provided at no additional cost to the City and can be requested up to eight times per year. Training Class Sizes For virtual classes Verra Mobility recommends no more than fifteen (15) participants (no minimum). For on-site classes Verra Mobility recommends at least six (6) and no more than fifteen {15) participants. RFP Requirement 5.28 Monitoring cameras to determine outages or mechanical issues. A SDS must have the ability to perform self-tests as to its detection accuracy. The system must perform a self-test at least once every 30 days. Unless otherwise agreed to be completed by Tampa Police Department in writing, the Successful Proposer shall maintain a log of the results of the system's self-tests and shall also perform an independent calibration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police Department for use in any hearing as authorized under Florida Statute Section 316.1906. Verra Mobility Response Yes, we comply with this requirement. Our system runs self-tests and calibrations at a minimum every thirty (30) days, and anyissues discovered, are addressed quickly. Verra Mobility will maintain a log of the results of the system's self- tests and will perform an independent calibration test on the speed detection system at least every 12 months. 632 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 51 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY We maintain equipment performance logs that can be provided to the City upon request. The Verra Command Center (VCC) provides 24x7 monitoring and support for all camera systems to verify each site's operational status every day. The VCC leverages a suite of systems and tools to ensure proper system functionality and processes maintenance events through the following three phases. • Collection - Verra Mobility collects real-time data from numerous sources including image/video data, event data, network availability, system log files, and sensor data. This is unprocessed raw data that feeds through our processing engine. • Correlation - Verra Mobility uses correlation to make sense of the raw data. We connect details from disparate sources to draw a fuller picture of the impact. Using this powerful tool, we can identify issues quickly, effectively prioritize their impact, and ultimately build a faster path to resolution. • Automation - Verra Mobility applies further automated logic in real-time including: o Automated image review to ensure optimum image and video quality o Automated escalation and notification procedures to immediately engage resources to reduce mean time to repair (MTTR) o Automated 24/7 paging to field to get support teams rolling when necessary. Figure 8 Verra Mobility Automation Cycle .,. .. ,. 111 tr If a camera or system malfunction occurs, we will immediately notify the appropriate personnel. Clients can customize how often they want to be notified of critical incidents. Notifications will be sent by text or email, depending on the user's preference. We use a priority scheme in our VCC to ensure that we respond first to critical outages that render the camera system inoperable or have the potential to be a safety hazard to the public. Service tickets are created in response to: • Verra Mobility's monitoring tools identifying a failure condition and auto populating a ticket • Our support organization identifying an issue and creating a service ticket • One of Verra Mobility's other support organizations identifying an issue and creating a service ticket 633 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 52 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY • Local field personnel identifying an issue and creating a service ticket Once a ticket is created, it is placed in a queue for the associated site. A severity level is assigned, and the ticket is prioritized accordingly. The system has built-in escalations for notification of appropriate management in exception conditions. In such cases, a field services technician is dispatched to ensure that there are no safety hazards and creates a follow-up ticket to complete the repairs and return the system to operational status. The VCC also allows for ticket transfers, showing the progression of a particular failure. For example, a ticket might start with Tier 1 support, been passed to a network specialist, and then passed to the field for onsite repair. The system tracks each'touch" and records all activity as it is passed from one support group to another. All tickets have specific escalation "triggers.' For example, schedule conflicts with resource requirements {i.e., equipment and labor) are a trigger, just as remedy-recommendation issues are a trigger. In response to each trigger, the dispatch team and appropriate management levels are notified, and corrective action is taken to complete and close the ticket swiftly and successfully. Throughout the entire process, updates are made to the ticket logs to fonn an'audit trail" and ensure that the status of every event is easily accessible and up to date. As new releases of software, finnware and hardware become available, or as general maintenance activities need to be performed {e.g., camera adjustments, lens cleaning, flash bulb replacements, etc.), a dispatch ticket is queued for scheduling in conjunction with either a'grouping· of upgrades or a repair call. Such scheduling allows us to complete system upgrades/maintenance with the least amount of disruption to the sites. Upgrades which are deemed critical are placed in our standard dispatch queue with a high priority and scheduled the same way as a trouble ticket would typically be handled. RFP Requirement 5.29 A comprehensive training program for City of Tampa personnel involved in the administration and/or operation of the system and its components, including designated personnel. Training for personnel should include at a minimum: -Detection and camera systems familiarization; -System training in a classroom or work environment setting; -Hardware (if applicable) and or software familiarization training; and -Testimony and evidence presentation strategies for presenting School Zone Speed citations at a Notice of Violation hearing or in traffic court. Ver,� Mobilit) Respon " Verra Mobility will provide a comprehensive training program for City of Tampa personnel involved In the administration and/or operation of the system and its components, including designated personnel. Training for personnel will include at a minimum: • Detection and camera systems familiarization. • System training in a classroom or work environment setting. • Hardware {if applicable) and or software familiarization training; and • Testimony and evidence presentation strategies for presenting School Zone Speed citations at a Notice of Violation hearing or in traffic court. Our dedicated trainers have decades of experience in the Learning and Development industry with a focus on adult learning. Recognizing the importance of the National Highway Traffic Safety Administration's guidance for training in Radar and Lidar Speed measurement, our trainers are certified by the Institute of Police Technology and Management as Instructors of Police Traffic Radar and Laser. The City will receive a range of training options to ensure that all users are properly trained in relevant aspects of the systems and program. See our response to RFP Requirement 5.27.4 for additional details on our course offerings. RFP Requirement: 5.29.1 Successful Proposer shall furnish all training materials when required and include samples of training materials as part of its submittal. 634 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 53 ©2024 Verra Mobility· Proprietary and Confidential VERRA MOBILITY Ve , a Mobilit� Kesponse Verra Mobility will furnish all training materials required and have included samples of training materials as part of its submittal. The sample course materials are located in Appendix 2 - Sample Training Materials. Example training course descriptions are provided below. Program and Technology Overview Training Course • This course provides participants with a comprehensive introduction to the camera systems and back office workflow, from roadside event capture through citation issuance and post-issuance services. Content is tailored to fit the audience's roles and responsibilities and can be customized to be delivered at multiple levels of depth. This is offered as a standalone course or can be combined with any of the Functional Training courses listed. Functional Training: Event Processing • The Event Processing course instructs designated personnel (typically Law Enforcement) to operate our easy-to-use BOS. Participants are trained on system navigation and functionality, and all available tools used when reviewing potential violations. This training includes hands-on processing of events when delivered immediately following camera activation and program launch. Functional Training: Payment Processing This course is designed specifically for those personnel who will be receiving and entering payments into the BOS, should the Program choose to accept payments locally. This course guides participants through the process of applying payments with hands-on practice. It also demonstrates how to use reports to monitor the payments recorded daily by the City's users, and other payment-related functions. This course is only necessary should the Program opt to accept payments locally and use Verra Mobility BOS as the system of record for local payments. Functional Training: Finance and Reconciliation This course is designed specifically for personnel, typically finance or accounting personnel, who handle reconciliation of revenue received for the program. This course is customized for each program. This includes reconciliation of revenue received using on-demand reports, and when applicable, documenting refunds issued and documenting returned payment items. Functional Training: Hearings and Adjudication This course instructs Court personnel how to use our BOS to retrieve evidence packages, process Affidavits, manage hearing schedules, record dispositions, and use the system reports associated with contested citations. This training is only necessary for Programs which elect to use our BOS to facilitate their court procedures, including Administrative Reviews, Hearings and/or Appeals. Functional Training: Reporting This course instructs personnel how to access and use the BOS reports feature. The course is tailored to focus on the reporting pertinent to the audience's roles and responsibilities. This course can be integrated into any of the Functional Training courses or can be a stand-alone course. 635 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 54 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirement: 5.30 A system for the Program that requires no dedicated servers or specialized computers owned by The City for deployment of the Program. Verra Mobility Response. Yes. Our back-office platform system is web-based and does not require dedicated servers or specialized computers. RFP Requirement: 5.31 Providing access to the web-based processing I approval software and/or any other related software. Verra Mobility Response. Verra Mobility will provide access to the web-based processing / approval software and/or any other related software. The program manager will have the ability to authorize access by notifying Verra Mobility's Customer Support Specialist to create the access profile account. This mirrors the process that we use for your current red-light program. RFP Requirement: 5.32 Business practices, financial processes, and timeline for transferring funds. Verra Mobility Response. Verra Mobility uses industry best business practices and financial processes that are statutorily required and accepted by the City of Tampa. We use ACH transfers to perform financial processes. Our fund transfer tlmeline is configurable based upon Tampa's needs. RFP Requirement: 5.33 Materials for Notice of Violation hearings and court hearings including but not limited to legal proceedings challenging the speed detection system or issuance of a Notice of Violation or citation. Ver c1 Mobility Response Verra Mobility provides materials for Notice of Violation hearings and court hearings including but not limited to legal proceedings challenging the speed detection system or issuance of a Notice of Violation or citation. The BOS will be configured to produce an electronic Evidence Package for each citation that allows authorized users to view and print the following information: • The violation images associated video clip and data. • All issued and disputed notices. • Camera log report. • Any other relevant documents (such as letters from the defendant) that may be included in the file prior to each scheduled hearing. The Evidence Package is an Adobe PDF file that can easily be passed to the Court for reference by the hearing officer or judge during the hearing. The evidence package will include all necessary documents associated with each violation. 636 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 55 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirement: 5.34 Expert witness testimony when required in all legal proceedings or City Notice of Violation or City Council hearings to explain, defend, or confirm the functionality or accuracy of the system. "erra Mobility Response Yes. Verra Mobility will provide an expert witness for any City Council hearing and in any legal proceeding. Verra Mobilitv will train a Customer exoert witness if necessarv deoendino on the freouencv of the need of an exoert. RFP Requirement: 5.35 Experience with sealed and certified plans for the placement of infrastructure and equipment in public rights-of- way to required transportation departments for review and approval. Verr.- Mobility Response Yes, we have more than a decade of experience with sealed and certified plans for the placement of infrastructure and equipment in the public right-of-way not only in Florida, but throughout the United States. In addition to utilizing, as needed, highly qualified local vendors and subcontractors for various activities, Verra Mobility has a fully integrated and equipped in-house design andengineering team of surveyors and CAD technicians under the leadership/supervision of a Professional Engineer (PE) licensed in multiple states, including Florida, with a Master's concentration in Transportation Planning and Engineering and 15 years of experience in traffic engineering and transportation planning. The Design and Engineering Team will manage design plans to adhere to local permitting and will collaborate with our in-house construction staff on drawing review, provision of final drawings for the approved sites, and the necessarv requirements for submission as orescribed bv the Citv. RFP Requirement: 5.36 Verification of the calendar for enforcement times. The service provider shall describe the responsibility for this business process on an ongoing basis after installation. Verra Mobility Response Verra Mobility provides for the verification of the calendar for enforcement times by working with the City and School District in order to ensure that we abide by the proper school scheduling. We proactively review the business rules every six months to adapt to any changes that may arise in the school calendar. RFP Requirement: 5.37 Distributing funds collected by the vendor in accordance with chapter 2023-174, Laws of Florida. \rerra Mobility Rtsponse Verra Mobility will distribute funds collected in accordance with chapter 2023-174, Laws of Florida. We will provide a business solution tailored to the City of Tampa's needs and remain statutorily compliant. We currently provide financial transfers for your red-light program and are already set up with the City. RFP Requirement 5.38 Each speed detection system (SOS) shall be equipped to detect a violating vehicle specifically using UOAR (Light Detection and Ranging) or radar, activate the camera/video system, and produce color images of the rear of the vehicle. Digital camera/video technology is required. The City requires SOS with both photo and video capabilities. The City prefers LiOAR. Verra Mobility Response Verra Mobility is a global industry expert and the number one provider of automated enforcement solutions in the State of Florida with 31 communities currently served. We have worked with numerous cities, towns, transportation departments and police departments from all around the world to develop the most robust and efficient products to enhance community safety. As such we wanted to share our experience in the use of radar and LiDAR systems with the City of Tampa by clearly explaining the industry and academic recommendations on both technologies. 637 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 56 ©2024 Verra Mobility� I Proprietary and Confidential VERRA MOBILITY We recommend radar because of the inherent limitations of single-point LiDAR. LiDAR is often seen to be effective with handheld applications but not on a fixed speed solution that is installed on a pole. Other competitors may propose both solutions, but radar is the superior solution for a fixed school zone speed solution. The diagram below compares key features of both radar and LiDAR. As stated, our 40 tracking radar outperforms LiDAR in all of the categories listed such as operational range; measuring distance, angle and speed of vehicles; concurrent and simultaneous violation capture; impact of vehicle shape; and secondary speed validation. featur� 40 Trackln& Racbr Sinai• Point LIDAA U �to 100 lmp.,ct olwt.klo .iao�1,urv1 v, b<lr-,1 �•.,�r«-1v t14,11on Below are examples of common failure points for LiDAR when used for fixed speed detection. Common LiPAR Failure Modes wh en ., ...................... used tor fixed solution Laser unable to find a flat surface .........·················..... i--------..!: Laser is refracted by •�----- • inclement weather such as rain, fog, .................................�. etc. Laser is unable to distinguish vehicles following closely. Radar detection casts a wide beam. Current versions of radar can detect multiple objects inside the beam with speed reading accuracy that is supported in court. Radar operates by emitting radio waves and measuring the time it takes for them to bounce back after hitting an object. Radar allows the system to accurately determine the distance and speed of vehicles. 638 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 57 ©2024 Verra Mobility·· Proprietary and Confidential VERRA MOBILITY Verra Mobility's speed detection system (SDS) will be equipped to detect a violating vehicle specifically using radar that will activate the camera/video system and produce color images of the rear of the vehicle. Digital camera/video technology is provided by our solution, including both photo and video capabilities. RFP Requirement 5.38.1 Explain how the vehicle speed is determined and the accuracy of the speed detection. Verra Mobility Response Our speed safety detection solution is installed roadside and cameras pointed in the direction of vehicle travel to capture the rear of each offending vehicle as it enters the enforcement area. When the system detects speed violation of a moving vehicle, at the subsequent capture point, additional images are captured for positive plate and vehicle identification. Please see the depiction below. SCHOOL ZONE SPEED SAFETY CAMERA SYSTEM HOWITWORKS ThesystemIClentlies...,veNClt lT-•"9atlhelllfol-speedlimit Thelntmage_lhe_lMvll,o Ine,,cem,1thespeedllrM Thes«Dl10wnage-a CIOSe·uPl)latr Imageandthedistanceandtime""' Vl!n.dl!llastT- Addotoonatdata-lllCIindudHa VlCleO,dat2,1)01111d--'--speed locatJOn,tine,nldhCticnoftravel. Speed Detection Validation The 4D radar system gives our speed enforcement solution unparalleled accuracy for detecting speed. Each radar beam of the 4D radar system individually measures the speed of a vehicle to verify accuracy. Verra Mobility's enforcement software with unique detection algorithms make the captured detail clearer for adjudication and processing purposes. Our low light capable industrial digital cameras and purpose-built LED illumination provide targeted illumination while providing high repetition rates for capture of every vehicle. The proposed fixed speed system uses advanced imaging capabilities to deliver sharp clear images in all lighting and extreme weather conditions. By automatically analyzing lighting conditions the system is immediately configured for optimal performance. In addition, the system uses specialized LED illumination technology to ensure that only the right amount of light is required to capture reliable accurate images. Our proposed fixed speed solution includes the following features: • The camera system is physically aligned to monitor traffic in the receding direction at an angle of 22 degrees relative to the travel lanes being monitored. • The bi-frequency 4D radar detection system with two radars and the camera, are physically aligned to attain a consistent viewing angle (relative to each other) is optimized for the 22-degree angle, to compensate for the radar cosine effect, which ensures proper speed detection and accuracy allowing the system to meet the +/- 1 mph accuracy requirements. 639 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 58 ©2024 Verra Mobility• Proprietary and Confidential VERRA MOBILITY • When the vehicle transitions in front of the camera system, the primary speed detection device (Across the Road Speed Radar) and the secondary speed detection device (Ranging Radar) detect the vehicle entering the Radar's detection beam. • The system collects and analyzes data in real time for conditions which meet those of an offending vehicle. in this case event threshold speed. During the event capturing sequence, the radars evaluate the speed and position of a detected vehicle, as well as the reflected radar power levels for each receiver. By evaluating the power return envelope of the two radars, we can determine and ultimately filter out radar reflections which often cause false positive events. The system records all this detection data in the event file where it is digitally signed and encrypted, so it can be used to reliably evaluate and confirm the system's configuration, operation, and performance at the time of the event The data have useful information when preparing for court testimony when speaking to reliability of the system, The camera system will trigger the illumination, capture image data, and compile an event only if the two radars ·agree' within a pre-set tolerance amount. As the radars and the camera are physically "aligned.' we know exactly where the camera points when data are collected and can confirm through visual overlays the radar beam relative to the image being captured. These overlays can be used to easily identify the correct vehicle when more than one vehicle is present in the image and aids incident processing. RFP Requirement: 5.38.2 All SDS component operations must be synchronized to a single, standard, independent, external, and verifiable time, and date source. Verra Mobllit) Response Yes. we comply with this requirement. Our systems use GPS to verify and standardize time and date. RFP Requirement: 5.38.3 SDS enclosures must be tamper proof and vandal proof. Jen a Mobihty Response Our speed enforcement camera enclosures are robust, vandal proof and tamper proof. The camera system enclosures include sturdy keyed locks to prevent unlawful access. RFP Requirement 5.38.4 SDS enclosures must be as small as possible and use as little power as possible. Proposer should specify the number of flash units required by your camera system. State the size of the SDS enclosure and the normal power draw of the SDS system, including the power usage during the flash phase. Floodlights may not be used. Verra Mobillt), Respons Our SDS enclosures are visually appealing, compact, and designed to use little power. • The dimensions are 13 in x 16.6 in x 5.2 in (331mm x 421 mm x 132 mm). • The system uses an LED flash and IR flash with a very low power draw with Peak Draw at 12VDC (18.325A), average draw at 12VDC (7.05A) and average wattage at 85W. • No floodlights or extremely bright lights are needed for our camera system to operate optimally. RFP Requirement 5.38.5 SOS enclosures must be designed in such a fashion that maintenance and other operations can be accomplished easily and quickly without creating a public safety hazard. Explain typical maintenance procedures. Verra Mobility Response Our preventive maintenance visits include the following proactive activities that are performed lo ensure public safety: • Clean all glass, camera enclosures, strobe housing, lens covers and polarizers (of graffiti. dust. oil, and other grime) • Inspect all enclosures for proper seals, locking mechanisms, etc. 640 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 59 ©2024 Verra Mobility· Proprietary and Confidential VERRA MOBILITY RFP#Gl 1122923 • Inspecting and tightening all cables, connections, and terminations • Test full functionaltty of the system (triggering, test shots, strobe, and video) • Visually inspect the site environment (road surface conditions, signage, and obstructions such as tree branches), photographing any potential issues and relaying information to field services and client project management for decisions on corrective action • Test voltage coming to the system and being supplied throughout the system • Ensure proper grounding RFP Requirement 5.38.6 Preference will be given to SOS that requires the least infrastructure at the location. Ve ra Mobilify Resp ,nse While other systems crowd intersections with excess infrastructure - up to three poles - our proposed speed safety enforcement system mounts to a single pole. The system's proven, non-invasive radar technology enforces traffic with no disruption to the roadway, no boring across an intersection, and eliminates the need for multiple camera systems, illumination units, or poles. RFP Requirement: 5.39 Each system must be capable of operating multiple sources of power. Solar should be used as the primary source of power; however, AC may be used if placed in an area with low sunlight. The vendor will determine the best power source for each installation . Verra Mobility Response Verra Mobility understands that the City prefers a solution that runs on solar power. Our systems are able to run on solar power or AC direct power. Our solar-powered solution minimizes operational costs and environmental impact. With solar panels and power storage on the same pole as the camera system, this streamlined solution is aesthetic and easy to install for a variety of use cases. RFP Requirement: 5.40 Each system must be capable of clearly photographing and recording the rear of the vehicles so as to clearly identify the rear license plate of the vehicle that is reasonably believed to have violated the speed limit within the designated school zone. Verr Mobility Re!i.pom,£ Yes, we comply with this requirement. Our system both photographs and video records the vehicle as it enters and exits the violation zone as shown in the depiction included within our response to RFP requirement 5.38.1. RFP Requirement: 5.41 Each system must be capable of consistently photographing and taking video of license plates regardless of glare or materials used to obscure the license plate from clear view at various viewing angles. Vfma Moh1llty RespOllS(:. 641 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 60 ©2024 Verra Mobility'" I Proprietary and Confidential VERRA MOBILITY Yes, we comply with this requirement. Our systems can capture clear photographs and video regardless of possible obstructive materials on a license plate at various viewing angles. RFP Requirement 5.42 Each system should be capable of detecting four traffic lanes at once as described under 5.1.6. Describe the system's ability to accurately capture violations, providing a visual indication on the citation of the area in which the SDS LiDAR or radar contacted the vehicle . V• , ra M.->bility Rt.sponsi. Yes, each system will be capable of detecting up to six lanes, however, we can also isolate each lane for enforcement purposes. Please see our response to RFP section 5.38.1 for a depiction that shows how our system has the ability to accurately capture violations and provide a visual indication on the citation of the area in which the SDS radar contacted the vehicle. RFP Requirement: 5.43 The vendor must provide details on the technology used to capture speed (LiDAR or Radar) to include any accuracy studies and manufacturing details. Ver a Mobility Response Our proposed 4D Radar technology has an accuracy rating of 99% (+/- 1 mph). The City can find documentation providing accuracy in Appendix 3 - Accuracy Study. This radar system is assembled in the United States. RFP Requirement: 5.54 Vendor must provide a flexible location specific enforcement schedule mechanism, capable of permitting the agency to create custom action-based penalties, document penalties, or monetary penalties. Verra Mobility Response Yes, Verra Mobility currently provides a flexible location specific enforcement schedule mechanism, capable of permitting the agency to create customer action-based penalties, document penalties, or monetary penalties. This functionality on Tampa's red light program through our back office platform and we can provide the same for the school zone speed program. RFP Requirement: 5.55 Vendor must provide a flexible payment schedule mechanism that allows the agency to tailor the monetary penalties being applied. Verra Mobility Pesponse Yes. Verra Mobility will provide a flexible payment schedule mechanism that allows the City to tailor the monetary penalties being applied. Our proven back-office system includes functionality that would allow for payment plans to be created and tracked. We can work with The City to more fully understand your requirements surrounding payment plans and collections. RFP Requirement: 5.56 The City of Tampa prefers infrared systems that do not utilize distracting flashing devices (other than those necessary for proper warning) particularly as many potential installations are along two-lane roadways. Please specify the type of lighting required by your system for a standard four-lane roadway. Also describe associated flash characteristics, if any, of your system. Verra Mobility Response. Verra Mobility does not utilize distracting flashing devices. Our low light industrial digital cameras include purpose- built LED and infrared flashes provide targeted Illumination while providing high repetition rates for capture of every vehicle and do not create distractino flashes. RFP Requirement: 5.57 From point of data capture, all video and camera photos and accompanying video sequences must be capable of secure storage and transmission, and capable of maintaining a secure chain of evidence. Service providers shall briefly describe their approach to maintaining security of evidence. 642 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 61 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY {, r Mcih1ht} Response From point of data capture, all video and camera photos and accompanying video sequences, we provide secure storage and transmission that maintains a secure chain of evidence. Our system includes a secure chain of evidence with digital signature at time of capture and data encryption for delivery to the back-office processing system. RFP Requirement: 5.57.1 Explain how the image and violation data is secured and transmitted to the processing center. Vert.: Mobility Response All enforcement camera events are securely delivered to our processing center via wired and wireless communications. Our system includes a secure chain of evidence with digital signature at time of capture and data encryption for delivery to the back-office processing system that follows the following process. This is the same process that Verra Mobility currently follows on the City's red-light program. 1. Video is automatically pulled from our camera system-multiple times throughout the day-using a secure connection. 2. The encrypted license plate data is confirmed and cropped from one of the original images and reads the plate using Optical Character Recognition (OCR). After confirmation that the values entered are correct, the event is processed in accordance with the City's business rules. 3. The BOS automatically obtains the encrypted owner registration data using Verra Mobility's established interface with Nlets for the City's program as authorized by the local law enforcement agency. Our company reviews and revises information if needed. Events are brought back to this step if further review is necessary. 4. The encrypted event data is sent to authorized law enforcement personnel to verify that the vehicle license plate, registration information, and vehicle information is correct and to determine whether a violation occurred. RFP Requirement: 5.58 Submit example set(s) of violation images and evidentiary photos and videos electronically with their proposal, if applicable under the following conditions: -Daytime - fair conditions AND rain conditions; and -Nighttime - fair conditions, AND rain conditions. Must include a visual indicator proving the vehicle in the image was the one captured by the SOS UDAR or radar. Vena Mob,llly Response Our camera system allows for extremely clear violation images and video under various weather conditions. Please see our example SOS violation images located below. 643 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 62 ©2024 Verra Mobility™ Proprietary and Confidential v A VERRA "'� ? -, MOBILITY Figure 9 Daytime Fair Image Figure 10 Daytime Rain. ,.,�.. 644 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 63 ©2024 Verra Mobility'" Proprietary and Confidential VERRA MOBILITY Figure 11 Night Scene Image Figure 12 Night Rain Scene Image RFP Requirement: 5.59 Evidentiary data to indicate school zone flashers were flashing during the time a speeding violation occurred. Verra Mobility Response. Images captured by the enforcement system have a digitally imprinted data bar, that is set to the time when school zone beacons are flashing, which provides evidence for the citation. This provides the location, date, time, and vehicle speed. Below is an image of the evidentiary databar. 645 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 64 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY Figure 13 Evidentiary Databar Information Databar Our technology provides a video of events for review. Upon receiving their printed citation in the mail, violators will be able to log into ViolationInfo.com and review the documented event through witnessing the entire video of the violation with the flashing lights. RFP Requirement: 5.60 A web-enabled and fully secure Notice of Violation and citation processing system that includes data processing, initial screening of data, prompt delivery of data to police for violation review and citation authorization, Notice of Violation and citation mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. Verra Mobility Response. Our Smart Mobility Platform is a robust, web-enabled, and fully secure back-office system (BOS)5. This feature-rich, easy-to-use system automates data processing, initial screening of data, prompt delivery of data to police for violation review and citation authorization, Notice of Violation and citation mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. Below describes our process for secure notice of violation and citation processing. 1. Initial Screen of Data: The license plate is cropped from one of the original images and reads the plate using Optical Character Recognition (OCR). After confirmation that the values entered are correct, the event is processed in accordance with the City's business rules. 2. Prompt Delivery of Data: The BOS automatically obtains owner registration data using Verra Mobility's established interface with Niels for the City's program as authorized by the local law enforcement agency. Verra Mobility reviewers verify the information is accurate prior to forwarding for police review. 5 Verra Mobility's proprietary BOS is software-as-a-service. Under all circumstances, Verra Mobility shall retain ownership of its back-office platform, including any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS even if modified, configured, improved, enhanced, upgraded, or further developed at the request, feedback, or recommendation of the Customer. Under no circumstance will any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS be considered "Work for Hire". During the term of our Agreement with Customer, Verra Mobility grants Customer a non- exclusive, non-transferable, revocable license to access and use its back-office platform. 646 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 65 ©2024 Verra Mobility� 1 Proprietary and Confidential VERRA MOBILITY RFP Requirement: 5.62 A system capable of using a two-factor user authentication protocol for any web enabled application. The service provider's system shall be CJIS compliant. Please describe any other certifications or measures related to computer/ system security. Verra Mobility Responsl!· We may offer two-factor user authentication protocol for any web-enabled application in order to ensure security and compliance. Our Senior Account Manager Placido Diaz is a member of IACP. We also are constantly monitoring IACP committee on CJIS recommendations for security and data retention. RFP Requirement: 5.63 Obtain registered owner information and keep the access to this information confidential and meet the requirements of federal DPPA and Florida identification protection laws. Ve11a Mobility Response Verra Mobility is both NLETS and CJIS compliant and is able to keep information confidential and meet the requirements of federal DPPA and Florida identification protection laws. RFP Requirement: 5.64 Handle customer inquiries and complaints in English and in Spanish during normal business hours with details of location of any customer service center and operation of business. Verra Mobility Response. Yes, we support by: ...,,. English and Spanish IVR System - We support a bilingual 24/7 IVR system, which allows the public to make inquiries using their citation number or license plate number. > Call Center - Verra Mobility includes a toll-free number on each citation to speak with live, bilingual customer service representatives. The call center is available to answer calls Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time. > Citizen Inquiries - Verra Mobility staff members are available to respond to citizen inquiries and offer bilingual suooort outside of the call center, such as those received via fax, email, or throuQh the public-facinQwebsite. RFP Requirement: 3. Police Review: The event is sent to authorized law enforcement personnel to verify that the vehicle license plate, registration information, and vehicle information is correct and to determine whether a violation occurred. The police can accept or reject a violation. mail, and UTCs by certified mail, in accordance with Florida Statue section 316.1896 and tracking mail delivery by the 647 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 66 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY 5.65 Provide all notices and affidavits in English and Spanish and include all required ADA language for Notice of Violation and traffic court hearings. Verr Mobility Response Our notices and affidavits can be provided in English and Spanish. We provide public access to view all evidence (e.g., images, video, equipment calibration certificates, etc.) in an ADA-compliant user interface. RFP Requirement: 5.66 To the extent not covered above, Proposer should ensure it has provided information on how it will comply, and help ensure The City complies, with all the requirements of chapter 2023-174, Florida Statutes. Verra Mobility f<esponsi, Yes, we comply with all requirements above and have extensive experience with citizen services in Florida and with the City of Tampa to ensure our systems comply with all Florida statutes. We provide these exact services on our Tampa red light program. RFP Requirement: 5.66.1 Use of camera systems constructed by Chinese manufacturers. Proposer shall comply with all laws which prevent, restrict, or limit use of camera systems constructed by manufacturers. Vendor shall certify whether its SOS, or any component thereof, uses materials imported from China or that are constructed by a Chinese manufacturer or domestic or international manufacturer using materials imported from China. Verra Mob1hty Response We comply with the applicable laws, and we do not use Chinese manufacturers and components, and we are in line with current State statutes. RFP Requirement: 5.67 Process for exchange of sensitive data only upon written approval by the City of Tampa. Verra Mobility Response Yes, we will comply. Verra Mobility does not exchange data with any other party unless specifically requested by the City. RFP Requirement: 5.67.1 Successful Proposer must provide image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images (explain methodology). Ver a Mobility Response Yes. Images captured by the enforcement system are packaged into event files with unique identifiers, digitally signed for both verification and security of information. Each image has a digitally imprinted data bar that can be customized to display information around the offending vehicle including location, date, vehicle speed, and elapsed time between imaaes. RFP Requirement: 5.68 Location that data will physically reside (data sovereignty) (The City ofTampa has specific requirements based on data classification and sensitivity which requires data to reside within the United States or within the State of Florida). Verra Mobility Response Yes, we will comply with this requirement. All data resides in a private cloud managed by Verra Mobility in Mesa, Arizona. No data from anv customer oroaram leaves the borders of the United States. RFP Requirement: 5.69 Ability to accommodate enhanced security requirements, such as dual authentication. Verra Mobility Response. 648 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 67 ©2024 Verra Mobility'" I Proprietary and Confidential VERRA MOBILITY We may offer two-factor user authentication protocol for any web-enabled application in order to ensure security and compliance. Our Senior Account Manager Placido Diaz is a member of IACP. We also are constantly monitoring IACP committee on CJIS recommendations for security and data retention. RFP Requirement: 5.70 Process to assign clearance levels to internal or sub-contract positions, for accessing sensitive data. Verra Mobility Response We assign clearance levels to access sensitive data through user permissions, managed by our IT team, included but not limited to digital fingerprint background checks. Verra Mobility also performs robust background checks on our personnel. RFP Requirement: 5.71 Employment and background check processes on employees and subcontractors that will be involved in the direct support or custody of data and processes associated with the proposed solution. Vnrra Mobility Response Verra Mobility runs employment and background checks on employees and subcontractors that will be involved in the direct support or custody of data and processes associated with the proposed solution. We follow the items below to ensure security of data: • Employee has passed background check. • Employee receives annual security awareness training. • Computer has updated End-Point Protection (anti-virus) and is on a segmented network. • Network has restricted access to the Internet. • Authentication and authorization are handled via our IT department. RFP Requirement: 5.73 Ability to conduct testing with test or fictitious data (not LIVE data). Verra Mobility Response Yes, we comply with this requirement. RFP Requirement: 5.74 Continuous detection and elimination of viruses with name of service provider. Verra Mobility Response CrowdStrike provides continuous detection and elimination of viruses. It uses heuristics (behavior) capable of identifying and isolating viruses/malware even if they are Zero Day. RFP Requirement: 5.75 Change control processes that document baseline configuration and change control processes over the baseline configuration to ensure only approved and authorized changes are implemented in the system. Verra Mobility Response· Changes to Verra Mobility applications and infrastructure are managed through a Change Advisory Board (CAB) requiring review and approval from multiple key stakeholders. Code releases to the application are reviewed on a monthly basis to confirm that a CAB ticket can be associated with each release. RFP Requirement: 5.76 Workforce information security awareness training. V1.rra Mobility Response Every year, Verra Mobility requires all employees to spend training hours renewing their commitment to perform their duties withethics and integrity, the behaviors that underly our Core Values. All employees are required to participate in our compliance training program, which includes three courses: • Code of Business Ethics and Conduct 649 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 68 ©2024 Verra Mobifity� I Proprietary and Confidential VERRA MOBILITY • Anti-Bribery and Corruption • Security and Privacy Awareness RFP Requirement: 5.77 Backup, redundancy, and disaster recovery protection from risk of fire, utility failure, structural collapse, plumbing leaks or other such man-made or natural disasters. Ver .. Mobility Response. Yes, we comply with this requirement. Verra Mobility has a full disaster recovery plan in place for all our clients. RFP Requirement: 5.78 Performance of Traffic I Location Study and Site Survey. Ability to work with The City to continuously evaluate at the City's request a school zone's heightened safety risk in accordance with chapter 2023-174, Laws of Florida, to provide quantitative assessments. As part of this process, approved Proposer will develop baseline data for school zone locations by monitoring traffic to quantify the frequency, degree, and speed during that period. The sole determination of school zone speed detection system locations remains with authorized personnel for The City and all site locations will require authorization by Ordinance. The approved Proposer shall provide any testing or site survey requested by The City on an ongoing basis during the contract period. The cost for any study, testing or site survey as requested by The City will be included in this cost proposal. Traffic/ location studies will be provided in a professional report detailing the data captured and analyzed to determine whether there is a heightened safety risk that warrants additional enforcement measures at a school zone to justify a speed detection system. Provide length of time for completion of a generic study. We suggest time of two-week for data collection and completion of this study. Ver a Mob1hty Response As part of safety evaluation of school zones, we develop traffic I location study and site surveys in line with client requirements. The study includes baseline traffic data with speed summaries and analysis of potential safety risk due to vehicle speeds. Our studies are designed to provide our clients with the most up-to-date metrics on specific locations throughout the City. We can provide generic traffic studies within two-week periods for data collection and completion. Cost of this study is included within our price proposal. We will comply with Chapter 2023-174, Laws of Florida, and all other applicable statutes. RFP Requirement 5.79 Camera Installation. From the school zones selected, the approved Proposer will deploy enforcement equipment that meets or exceeds the minimum standards specified above. Working with The City and Florida Department of Transportation (FOOT}, the successful service provider will be responsible for all permit acquisition, site design, construction, installation, monitoring, and maintenance of the equipment. This will require the approved Proposer to submit a set of plans to City to review and to FOOT for the permit application. No work in the field can be performed prior to all applicable local and State permits. If applicable, approved Proposer must coordinate any electrical work or access with Tampa Electric Company (TECO}. In the event an installed speed detection system needs to be moved due to roadwork or other reason, the approved proposer will move the camera and reinstall the camera at once the road work or event is completed. Speed detection systems may also be relocated as necessary. Provide length of time for completion of a generic SOS install. Verr;i Mot,,llty Response· After The City approves the design plans and upon receipt of the required permits, we will begin site construction and system installation. Whereas Verra Mobility will have overall responsibility for the installation of the camera systems, we will work with Florida based Honey Home Services, Inc., to construct the camera sites. Our recommended transition approach will minimize construction needed at the existing sites. Together, Verra Mobility and Honey Home will ensure safe and continuous traffic flow during all phases of installation. Verra Mobility will submit a set of plans to City and FOOT to review for the permit application and any and all entities that will be required to approve. No work in the field will be performed prior to all applicable local and State permits. Verra Mobility will coordinate any electrical work or access with Tampa Electric Company (TECO}. In the event an installed speed detection system needs to be moved due to roadwork or other reason, the approved proposer will move the camera and reinstall the camera at once the road work or event is completed. Speed detection systems may also be relocated as necessary, 650 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 69 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY Once permits are secured the qeneric SDS install is 30-45 days. RFP Requirement: 5.80 Public Information and Education. Work in cooperation with the City of Tampa, the Hillsborough County School District, and the Tampa Police Department to produce initial public notice documents/media for the purposes of public education. The City's goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. Stakeholders included in the public information and education plan and how each is utilized to communicate with communities within the City for press releases, Internet-based advertisements and documents distributed by stakeholders. The public information campaign will be conducted in accordance with section 316.0776, Florida Statutes. Provide length of time for completion of public information and education. Vena Mob1hty Response. Verra Mobility will work in cooperation with the City of Tampa, the Hillsborough County School District. and the Tampa Police Department to produce initial public notice documents/media for the purposes of public education. Our public information campaign will be conducted in accordance with section 316.0776, Florida Statutes. We offer our clients the very best creative and Inventive thinking when developing public information and community outreach strategies to promote traffic safety campaigns. We will work with you to ensure all of your public awareness requirements are met. Public awareness will be completed before the go-live of the program and will be tailored to meet the needs of the community. RFP Requirement: 5.81 Service and Maintenance. The servicing and maintenance of the automated school zone speed enforcement equipment will be the exclusive responsibility of the approved Proposer. Initial response to any equipment malfunctions will normally occur within a 24-hour period; repairs will normally be accomplished within a 72-hour period. Additionally, the Service Provider shall address the replacement of equipment that is damaged through an accidental means or intentionally through a criminal act and the time frame required for replacement of an installed system location if one becomes a total loss. Explain how you will ensure that these availability requirements wfll be achieved. V&r,., Mobility RospC'nse Verra Mobility will provide service and maintenance of the automated school zone speed enforcement equipment with an initial response to any equipment malfunctions that normally occurs within a 24-hour period. Repairs will normally be accomplished within a 72-hour period. Additionally, Verra Mobility will address the replacement of equipment that is damaged through an accidental means or intentionally through a criminal act. The time frame required for replacement Is highly dependent on damage to the site. For a total loss and potential rebuild of the site, the time to replace on average would take 30-45 days. Our company has a statewide presence in your region. We currently manage multiple programs in the State of Florida, including for the City of Tampa red light program. Our local field service team can support and respond to issues in a timely manner. Our local technicians provide maintenance which include but is not limited to repairing and/or replacing faulty or damaged components and addressing any vandalism such as spray paint, as well as larger issues such as knockdowns that require civil works. All reactive maintenance is tracked through work orders in the Field Service application, providing a complete, auditable history of each site. Additionally, our multi-tiered maintenance approach includes the following key components: System Health Checks Integrated camera monitoring module continually assesses system health 24n and sends proactive alerts if a fault occurs. It ensures all captured incidents are downloaded and accounted for and flags unusual incident volume trends, up or down, for further investigation. Daily Remote Monitoring Verra Mobility remotely monitors-daily-to ensure correct functionality, establish the highest yields, and guarantee the most strinqent assurances for leqal defensibility. Systems components of each site are continuously checked for 651 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 70 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY connectivity to receive images and video. If an operational outage triggers an alert, Verra Mobility technicians start remote diagnosis and, if possible. remote repair. Some examples of remote corrective actions include: • Adjusting car placement for radar detection • Rebooting the system and/or individual component • Making networking connectivity corrections • Enabling I disabling the system • Remote camera settings adjustment • Adjusting triggering thresholds • Making updates to firmware or images If remote repair is not possible, a field services technician will be dispatched to the site and will repair the system. Reactive Maintenance Local Verra Mobility Field Services team monitors real-time 'Site Health Dashboard'. Field techs are dispatched to repair and/or replace faulty or damaged components and address any vandalism such as spray paint or movement of units. Field Maintenance is tracked through work orders providing a complete, auditable history of each site. Preventive Maintenance Field service technicians complete on-site, regularly scheduled preventative maintenance checks of each system, which are also tracked through work orders and documented in maintenance log for audit. Examples of preventive maintenance checks: • Cleaning glass, camera enclosures, strobe housing, lens covers and polarizers (of graffiti, dust, oil, and other grime) • Inspect enclosures for proper seals, locking mechanisms, etc. • Inspecting and tightening cables, connections, and terminations • Testing full functionality of the system (triggering, test shots, strobe, and video) • Visually inspecting the site environment (road surface conditions, signage, and obstructions such as tree branches}, photographing any potential issues and relaying information for corrective action • Testing voltage coming to the system and being supplied throughout the system RFP Requirements: 5.82 Violation Screening, Notice of Violations, Affidavits and Citation Development Work with the Tampa Police Department and designated City Legal Advisor to determine in detail the elements that will constitute evidence of speed violations (establishing Business Rules) in accordance with chapter 2023-174, Florida Statutes, and with the designated City Legal Advisor to determine the contents of the notice and citation that will be mailed to registered vehicle owners along with affidavits as required by law. Proposer shall describe its understanding of citation issuance under City Ordinance as well as relevant state statutes and laws. Specifically, the approved Proposer will work with the designated Legal Advisor to ensure the language of applicable statutes including any resolutions and or ordinances as necessary are prepared and approved and that the system remains in full compliance during the terms of the contract. Approved Proposer must provide violators with a method for viewing where the violation occurred via an interactive map and meet all requirements for SOS reporting. Vem. Mobility Response Similarly to your current red light program that we manage for the City of Tampa, Verra Mobility will work with the Tampa Police Department and designated City Legal Advisor to determine in detail the elements that will constitute evidence of speed violations (establishing Business Rules) in accordance with chapter 2023-174, Florida Statutes, and with the designated City Legal Advisor to determine the contents of the notice and citation that will be mailed to registered vehicle owners along with affidavits as required by law. Citation issuance is based on ordinance enactment and is statutorily driven. We will work with your legal advisor for the term of the contract to tailor your business rules for the program. The method for viewing where the violation occurred via an interactive map, can be accessed on Violationlnfo.com. This is also how violators access your red light camera program. 652 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 71 ©2024 Verra Mobility- I Proprietary and Confidential VERRA MOBILITY The following is a step-by-step description of the citation, billing, and reconciliation process. Events are reviewed, pre-processed, and queued for law enforcement's (LE) review and determination as to whether a violation occurred. LE gives instructions to Verra Mobility using a Business Rules Questionnaire (BRQ) that directs us to follow your preferred program operating procedures and ensures compliance with Statute requirements at all levels. RFP Requirements: 5.82.1 Successful Proposer must provide The City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event (they are required to be destroyed within 90 days after the disposition of the event). Verra Mobility Response· We will provide the City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event. We will ensure they are destroyed within 90 days after the disposition of the event). We will follow all state statutes regarding retention guidelines. 653 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 72 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirements: 5.82.2 Successful Proposer shall provide an evidence package for any contested violations and shall consist of: -All photos and videos of the violation; -Registered vehicle information; -All issued and disputed NOV's and UTCs to the party; -A violation history report; -A correspondence file; and -A payment history. Verra Mobility Response Verra Mobility will provide an evidence package for any contested violations consisting of: All photos and videos of the violation; registered vehicle information; all issued and disputed NOV's and UTCs to the party; a violation history report; a correspondence file; and a payment history. We currently provide evidence package services pursuant to your red light camera business rules on the City's red light program. RFP Requirements: 5.82.3 Successful Proposer shall be responsible for the cost associated with the following items: Providing all necessary support for the presentation of violations at hearings to include all relevant photo and video evidence for every hearing held under the Program. Provide expert testimony as needed when determined by the City, concerning all phases of the SOS (including the theory, operation and functional capabilities of the SOS) in support of the prosecution of violations. Upon the request of the City, Proposer's expert witness shall train City-identified individuals such that the City identified individuals can qualify as expert witnesses as well . Verra Mobility Response Verra Mobility will be responsible for the cost associated with the following items: providing all necessary support for the presentation of violations at hearings to Include all relevant photo and video evidence for every hearing held under the Program; providing expert testimony as needed when determined by the City, concerning all phases of the SOS (including the theory, operation and functional capabilities of the SOS} in support of the prosecution of violations. Upon the request of the City, Verra Mobility's expert witness will train City-identified individuals such that the City identified individuals can qualify as expert witnesses as well. We provide expert witness services for your current red light camera program. RFP Requirements: 5.82.4 Successful Proposer will keep accurate and current records which are continuously available for use and inspection by the City and which document, at a minimum the following: Current open cases; Present status of all cases; Funds received through the Program; and Payments disbursed on behalf of, or to, the City. Additionally, Successful Proposer shall annually prepare and provide the required operations report due to the State of Florida Department of Highway Safety and Motor Vehicles as provided under Florida Statue section 316.1896(16)(a), or as otherwise required by statute or rule. This report shall be provided to the City for review by September 30th of every year, including the September 30th after the contract expires for the period of time the contract was in place since the previous filing. Successful Proposer shall ensure the report is filed annually by October 1st to the State of Florida Department of Highway Safety and Motor Vehicles as required by law. The report shall be in the form and manner as determined by the State and made available by the State. If required by the State, the Successful Proposer shall submit any required data components to the State on a quarterly basis. Successful Proposer shall ensure the respective data for reporting purposes is maintained for at least two years after such data has been reported to the State. Verr2' Mobility Response Verra Mobility will keep accurate and current records which are continuously available for use and inspection by the City and which document, at a minimum the following: • Current open cases • Present status of all cases • Funds received through the Program 654 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 73 ©2024 Verra Mobility� t Proprietary and Confidential VERRA MOBILITY • Payments disbursed on behalf of, or to, the City Additionally, Verra Mobility will annually prepare and provide the required operations report due to the State of Florida Department of Highway Safety and Motor Vehicles as provided under Florida Statue section 316.1896(16)(a), or as otherwise required by statute or rule. This report will be provided to the City for review by September 30th of every year, including the September 30th after the contract expires for the period of time the contract was in place since the previous filing. Verra Mobility will ensure the report is filed annually by October 1st to the State of Florida Department of Highway Safety and Motor Vehicles as required by law. The report will be in the form and manner as determined by the State and made available by the State. If required by the State, we will submit any required data components to the State on a quarterly basis. Verra Mobility will ensure the respective data for reporting purposes is maintained for at least two years after such data has been reported to the State. RFP Requirements: 5.82.5 Successful Proposer's shall provide storage capabilities to store NOV's and UTC's identified for prosecution for a period of time not less than five (5) years after final disposition of a case (again photos and videos are required to be destroyed within 90 days from the final disposition) and the termination of the contract. Successful Proposer's shall comply with any additional requirements of Chapter 119, Florida Statutes relating to public records retention. The City shall be provided access to this stored information upon request. Verra Mobilit� Response Verra Mobility will provide storage capabilities to store NOV's and UTC's identified for prosecution for a period of time not less than five (5) years after final disposition of a case (again photos and videos are required to be destroyed within 90 days from the final disposition) and the termination of the contract. We will comply with any additional requirements of Chapter 119, Florida Statutes relating to public records retention. The City shall be provided access to this stored information upon request. RFP Requirements: 5.82.6 Violation notices shall comply with all requirements under Florida Statute Section 316.1896 and shall be sent to the registered owner within 30 days after a violation specifying the remedies available under Florida Statute Section 318.14 and that the violator must pay the penalty or furnish an affidavit as supporting an exception as provided under the law. Notices must contain all information required under Florida Statute Section 316.1896(2) and (3). Verra Mobility Response· Verra Mobility will provide violation notices that comply with all requirements under Florida Statute Section 316.1896 and will be sent to the registered owner within 30 days after a violation specifying the remedies available under Florida Statute Section 318.14 and that the violator must pay the penalty or furnish an affidavit as supporting an exception as provided under the law. Notices will contain all information required under Florida Statute Section 316.1896(2) and (3). RFP Requirements: 5.82.7 Process affidavits submitted by owners or co-owners of registered vehicles as authorized under Florida Statue Section 316.1896 to include re-issuing Notices of Violations or UTC's when an valid Affidavit meets the required standards and identifies the person having care, custody or control of the motor vehicle at the time of the violation. The Successful Proposer shall work with the designated Assistant City Attorney for establishing the process for reviewing Affidavits and reissuance of NOV's or UTC's. Proposer shall submit a proposed procedure for this process at the time of the proposal. Verr.� Mobility Response Verra Mobility will work with the Assistant City Attorney to establish the process for reviewing affidavits and reissuance of NOV's or UTC's. Below is the procedure for this process: We will provide the authorized Assistant City Attorney and Police Department personnel with the ability to transfer liability of a notice from one defendant to another. The new notice will maintain the original notice number with an uodated version number. The new notice will be issued to the new defendant with the oriainal fine amount and uodated 655 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 74 ©2024 Verra Mobility� 1 Proprietary and Confidential VERRA MOBILITY due date. The updated due date is determined by using the payment due date calculator provided by the City, in order to provide the new defendant, the required amount of time to respond. The Violation Processing System also provides the City the ability to dismiss notices for the following reasons: affidavit, unenforced address, issued in error, plate identified incorrectly, funeral procession, stolen vehicle/plate, OMV error, yielding to emergency vehicle, police ticket issued, no violation, false trigger, and administrative decision. RFP Requirements: 5.82.8 A UTC shall comply with all requirements under Florida Statute Section 316.1896, and shall be issued by a Tampa Police Department officer, or TIEO if applicable, and mailed by the Successful Proposer by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 30 days after notification, if the registered owner has not requested a hearing, and if the registered owner has not submitted an affidavit. In case of joint ownership, the UTC must be mailed to the first name appearing on the motor vehicle registration, unless the first name is a business organization, in which case the second name may be used. The UTC must be accompanied by information required under Florida Statute Section 316.1896(2)(b), (2)(c), and (2)(d). as may be amended. Verra Mobility Response Verra Mobility will ensure that UTCs will comply with all requirements under Florida Statute Section 316.1896, and willbe issued by a Tampa Police Department officer, or TIEO if applicable, and mailed via certified mail to the address of the registered owner of the motor vehicle Involved in the violation if payment has not been made within 30 days after notification, if the registered owner has not requested a hearing, and if the registered owner has not submitted an affidavit. In case of Joint ownership, the UTC will be mailed to the first name appearing on the motor vehicle registration, unless the first name is a business organization, in which case the second name will be used. The UTC will be accompanied by information required under Florida Statute Section 316.1896(2)(b), (2)(c), and (2)(d), as may be amended. RFP Requirements: 5.82.9 Successful Proposer's violation processing system shall allow the City a detailed view into all of the information related to the Program. The City will provide authorization of NOV by electronic signature for those events that meet specified criteria. Verra Mobility Response Yes, as done by Verra Mobility on your red light program, it will function in the same way with no additional complexity and in compliance with any statutory requirements. RFP Requirements: 5.82.10 All access to the violation processing system for the purpose of pre-processingevidence, Tampa Police Department (TPD) authorization, NOV/UTC printing, payments tracking, and generation of court evidence packages shall be Internet enabled and shall be available 24n for authorized users. Verra Mobility Response Verra Mobility will provide access to our violation processing system for the purpose of pre-processing evidence. Our web- based system will enable the Tampa Police Department (TPD) authorization, NOV/UTC printing, payments tracking, and generation of court evidence packages. This information will be viewable and available under the event history 24/7 to authorized users. RFP Requirements: 5.82.11 Upon verification by TPD of an apparent violation, Successful Proposer shall, within 30 days of the violation, provide by first class mail a notification of the violation to the registered owner of the violating vehicle. This notification of violation shall be prepared in conformance with Florida Statute section 316.1896(2) requirements and approved by the City. Proposer shall include sample notice of violation as part of proposal which establishes it meets the statutory requirements and includes at a minimum: -The vehicle involved in the violation; -The reaistered owner of the vehicle; 656 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 75 ©2024 Verra Mobility'" Proprietary and Confidential VERRA MOBILITY .,..,. - ---- _- ,.4,_..........._. ..........._... ..�_--- - ...... -The remedies available to address the violation; -Payment options; -The amount of potential penalties and issuance of a UTC; -A photograph or other recorded image showing the license plate of the motor vehicle: -The date, time, and location of the violation; -The maximum speed at which the motor vehicle was traveling within the school zone; -The Speed limit within the school zone at the time of the violation; - Notice of the right to review the photograph or video captured and evidence of the speed and instructions on how to do view the evidence. Verra Mobility Response Upon verification by TPD of an apparent violation, Verra Mobility will, within 30 days of the violation, provide by first class mail a notification of the violation to the registered owner of the violating vehicle. This notification of violation will be prepared in conformance with Florida Statute section 316.1896(2) requirements and approved by the City. We have included the following sample notice within our proposal that includes all of the required metrics listed. ._ ... .... ...,_...,........,........................ , ...... ,u..,,,,..1 ,- �- P.O ......... natt NOTICEOF VIOLATION DIIIIIIIDIIHll 0-Jil•O..----- - ci.. :. .......... _ .. .....,_,.._........., .,_...,. "...,. � ........ _.,...........,...,................... .,,._...... <»,_ ._ ,.o ........ u1 ,,._,. ...,..,_, a.--.,w.ttu,.,.11, ttset u tteee, e■t u1ett .....,._.,.OU1...,..a..1t Once an event is confirmed and approved by law enforcement, the BOS will automatically queue the citation for printing and mailing. Verra Mobility will mail all approved citations by First Class Mail within the City's requirement and include a self- addressed return envelope with a designated address. Each citation also displays a digital signature of the law enforcement officer or program employee who authorized it All citations are printed on high quality paper to eliminate smudging and provide the violator with clear visibility. RFP Requirements: 5.82.12 Before or upon mailing of notification of a violation, Successful Proposer shall also post video evidence of the violation on the designated website to allow review by the registered owner of violating vehicle. The initial notification letter 657 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 75 ©2024 Verra Mobility'" Proprietary and Confidential VERRA MOBILITY shall include all information required by registered owner to log on to this website. 658 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 76 ©2024 Verra Mobility� I Proprietary and Confidential VERRA MOBILITY Verra Mob11ihf Response Before or upon mailing of notification of a violation, Verra Mobility will post video evidence of the violation on the program's website to allow review by the registered owner of violating vehicle. The initial notification letter includes all information required by registered owner to log on to this website. The processing platform will produce an electronic Evidence Package for each citation that allows authorized users to view and print the following information: • A video clip, violation images and data • All issued and disputed notices • Camera log report • Any other relevant documents (such as letters from the defendant) that may be included in the file prior to each scheduled hearing The Evidence Package is an Adobe PDF file that can easily be passed to the Court for reference by the hearing officer or iudoe durino the hearino. RFP Requirements: 5.82.13 Mailed violations shall also include a provision of a toll-free telephone hotline that will be staffed from 8:00am to 5:00pm, Monday through Friday EST of each week excluding City of Tampa observed holidays. During other times, the hotline will permit callers to obtain information and/or leave a voice message. All letters that accompany notice of violations shall include the corresponding toll-free number. Verr.i Mobility Response Mailed violations will include a provision of a toll-free telephone hotline that will be staffed from 8:00am to 8:00pm (three hours more than the 5 pm RFP requirement listed above) Monday through Friday EST of each week excluding City of Tampa observed holidays. During other times, the hotline will permit callers to obtain information and/or leave a voice message. All letters that accompany notice of violations will include the corresponding toll-free number. Violators also have the option to listen to frequently asked questions (FAQs) and other program-related information. They can soeak to a live aoent if they need information that is not available in the svstem's ore-recorded messaoes. RFP Requirements: 5.82.14 A Customer hotline telephone service shall provide response in multiple languages (at a minimum English and Spanish). Proposer shall provide details related to their resources and experience in providing customer service in multiple languages. Ve,r.. Mobility Response· Yes. We will provide a multi-lingual, toll-free, customer service center. � English and Spanish IVR System (hotline) - We support a bilingual 24n lVR system, which allows the public to make inquiries using their citation number or license plate number. > Call Center - Verra Mobility includes a toll-free number on each citation to speak with live, bilingual customer service representatives. The call center is available to answer calls Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time. :. Citizen Inquiries - Verra Mobility staff members are available to respond to citizen inquiries and offer bilingual support outside of the call center, such as those received via fax, email, or through the public-facing website. RFP Requirements: 5.82.15 After 60 days have elapsed from the date of mailing the NOV to the registered owner of the violating vehicle, unless the violation has been resolved (payment or hearing requested) as provided in Florida Statute section 316.1896(3), Successful Proposer will provide to the City in a mutually acceptable electronic form, notice of issuance of a Florida Uniform Traffic Citation (UTC) sublect to the review and aooroval of the Citv. If a TPD officer, or TIEO if aoolicable. aooroves and 659 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 77 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY authorizes the issuance of the UTC, Successful Proposer will prepare the final UTC for mailing. A sample UTC should be provided and should include all applicable requirements for notice, payment, and challenging. Ver, a Mobility Responst After 60 days have elapsed from the date of mailing the NOV to the registered owner of the violating vehicle, unless the violation has been resolved (payment or hearing requested) as provided in Florida Statute section 316.1896(3), Verra Mobility will provide to the City in a mutually acceptable electronic form, notice of issuance of a Florida Uniform Traffic Citation (UTC) subject to the review and approval of the City. If a TPD officer, or TIEO if applicable, approves and authorizes the issuance of the UTC, we will prepare the final UTC for mailing. A sample notice is provided in our response to RFP Section 5.82.11. Please note that we currently fulfill this requirement for the City of Tampa on our red-light enforcement program. RFP Requirements: 5.82.16 The UTC shall be prepared and sent to the appropriate violator or registered owner via certified mail by the Successful Proposer at least 60 but not more than 74 days after the violation. Vtr Mobility Response Verra Mobility wlll prepare and send the UTC to the appropriate violator or registered owner via certified mail at least 60 but not more than 74 days after the violation. RFP Requirements: 5.82.17 Successful Proposer shall describe and recommend the hardware and software required to run the administrative components of the processing and viewing system. Any software or hardware required to view or operate the processing system should be included in the cost proposal. The violation processing system shall provide the following functions at a minimum: -Web-enabled access and operation from Microsoft Internet Explorer and/or Google Chrome browsers; -Web-based access to statistical information related to the violations at all speed camera locations individually and overall; -Ability to provide for an online case management system; -Secure user log-in and access; -Automatic presentation of images and data captured by the camera system onto review PC's; -Easy review of violation evidence against regulations: -Ability to both "play· full motion video and view multiple scene and plate images: -Ability to view each image as a full screen enlargement with a single click; -Ability to view all original images: -Ability to "crop• a license plate image area from the optimal license plate image in the multiple-image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice; -Ability to "accept" or "reject" violation sets and record rejection reasons: -Ability to generate printed warning letters (during the first 30 days of the Program at the City's discretion); -Ability to automatically generate printed violation notices: -Ability to track and notify the City of multiple violations for license plate number; -Ability to store and archive all processed violation evidence into a secured database: -24n ability to access any stored violation image from the system's database subject to agreed archive rules: -24n ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; -24n ability to immediately request. view and print both standard and user-defined reports; -Secured Access Control and automatically generated Electronic Audit Trails; -Encryption and decryption management; and -Ability to ensure scheduling of NOV hearing so that hearing occurs within 180 days of the date of the violation. Vf'rn Mobility Respom,s Our back-office software platform is web-based. It only requires an internet connection with a browser to view, perform administrative tasks and process violations. The system is able to provide all of the functions listed in this requirement and the cost for these functions are included in the price that we are submitting in this proposal. As described above, the violation processing system will provide the following functions at a minimum: 660 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 78 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY • Web-enabled access and operation from Microsoft Internet Explorer and/or Google Chrome browsers; • Web -based access to statistical information related to the violations at all speed camera locations individually and overall; • Ability to provide for an online case management system; • Secure user log-in and access; • Automatic presentation of images and data captured by the camera system onto review PC's: • Easy review of violation evidence against regulations: • Ability to both "play• full motion video and view multiple scene and plate images: • Ability to view each image as a full screen enlargement with a single click; • Ability to view all original images; • Ability to'crop· a license plate image area from the optimal license plate image in the multiple-image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice; • Ability to'accept" or 'reject" violation sets and record rejection reasons; • Ability to generate printed warning letters (during the first 30 days of the Program at the City's discretion); • Ability to automatically generate printed violation notices; • Ability to track and notify the City of multiple violations for license plate number; • Ability to store and archive all processed violation evidence into a secured database; • 24/7 ability to access any stored violation image from the system's database subject to agreed archive rules; • 24/7 ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; • 24/7 ability to Immediately request, view and print both standard and user-defined reports; • Secured Access Control and automatically generated Electronic Audit Trails; • Encryption and decryption management; and • Ability to ensure scheduling of NOV hearing so that hearing occurs within 180 days of the date of the violation. RFP Requirements: 5.83 Citation Processing and Payment. Notice of Violation and citation processing in compliance with chapter 2023-174, Florida Statutes. The approved Proposer must be an NLETS Strategic partner and house all CJIS/NLETS processing inside the continental United States at a CJIS compliant facility. All employees with access to citations and citation processing will meet all CJIS requirements. All payments must be handled by the successful service provider and use an internal audit trail and be verifiable by external audit. Lock-box payment service will not be permitted. Verra Mobility Response Verra Mobility is an NLETS Strategic partner that will house all CJIS/NLETS processing inside the continental United States for the Automated Speed Detection for School Zone Safety Enforcement program. Our employees with access to citations and citation processing on behalf of the City meet all CJIS requirements. As we do on the City's current red-light program, payments will be handled to allow for an internal audit trail and be verifiable by external audit. RFP Requirement: 5.83.1 Successful Proposer shall receive violation payments in response to the statutory notification, document the receipt of payment in electronic format and account for all funds received as provided herein and by Statute. Successful Proposer will continuously and openly account for all funds received in connection with the Program using generally accepted accounting principles. Successful Proposer shall make timely disbursements to the State as required by Florida Statute sections 316.1896(5) and 318.18 and concurrent disbursements to the City of the City's portion of the revenues collected pursuant to the statute. Successful Proposer's costs and expenses will be deducted from the City's portion of revenues collected. Successful Proposer shall demonstrate the ability to handle all violation payments electronically paid on-line or mailed to Successful Proposer owned lockbox including the daily depositing and reconciliation of all receipts. Successful Proposal shall provide a breakdown of the fine amounts collected and distributed, and where the fines will be remitted for NOV's and UTC's in compliance with Florida Statute section 316.1986. Verra Mobility Response. 661 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Verra Mobility will receive violation payments in response to the statutory notification, document the receipt of payment in electronic format and account for all funds received as provided herein and by Statute, as we currently do on the City's red- light program. We will continuously and openly account for all funds received in connection with the Program using generally accepted accounting principles. Verra Mobility makes timely disbursements to the State as required by Florida Statute sections 316.1896(5) and 318.18 and concurrent disbursements to the City of the City's portion of the revenues collected pursuant to the statute. Our costs and expenses will be deducted from the City's portion of revenues collected. Verra Mobility has over a decade of experience handling all violation payments electronically paid on-line or mailed to our company including the daily depositing and reconciliation of all receipts. Our breakdowns include fine amounts collected and distributed and where the fines will be remitted for NOV's and UTC's in compliance with Florida Statute section 316.1986. 5.83.2 Due to the expected high volume of mail that is received, control and accuracy are essential factors in the operation. The services provided shall be integrated with numerous levels of control, audit, and redundancy to ensure the accurate and timely receipt, processing and update of mail-in payments. Verra Mobility Response Verra Mobility is a long-term automated enforcement provider and processes large volumes for the City of Tampa on your red-light enforcement program. We have control and accuracy standards and practices that ensure your program will operate efficiently. The stated services provided will be integrated with numerous levels of control, audit and redundancy to ensure the accurate and timely receipt, processing and update of mail-in payments. 5.83.3 Describe procedures for processing payments to include, but not limited to: -Method for receipt of payments; -Ability to apply payments by source (cash, check, money order or credit card); -Ability to handle electronic reimbursement and automated check handling (ACH); -Verification of check amounts; -Batch reconciliation and file update; -Bonded courier service to financial institution; -Accept and process partial payments, allowing the citizen to pay the fine/hearing cost over a period of time not exceeding three months without administration by The City; and -Processing exception payments. Ve ra Mobilit) Res;,onse As part of the program implementation process, the City (referred to as "Client" in this section) will select from the following three Service Tiers from Verra Mobility and our payment channel partners. Tier 1: Client manages banking and payment processing: Client will use its own payment processing channels, independent of Verra Mobility. > Tier 2: Citation payments, made through each payment channel, will be deposited, daily, into an existing Client account or a new account opened by the Client at a bank of its choice, Verra Mobility will facilitate the establishment and maintain the lockbox with its channel partner (RLI) and facilitate the establishment of a merchant account with ACI Payments, maintain the public-facing website, and facilitate electronic payment processing (including IVR), and provide BOS reporting to the Client on citations paid. > Tier 3: The Client will establish a bank account at U.S. Bank in its name and delegate authority to Verra Mobility to initiate funds transfers via ACH to another Client account on a Client-determined frequency. Verra Mobility will facilitate the establishment and maintain the lockbox with its channel partner, facilitate the establishment of a merchant account with ACI Payments, maintain the public-facing website, facilitate electronic payment processing (including IVR), track citizen citations payments via the BOS, and reconcile the Client pooling account established at U.S. Bank. VERRA MOBILITY Page 79 ©2024 Verra Mobility� , Proprietary and Confidential 662 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 The following description of the payment processing channels assumes that the Client will select Tier 2 or Tier 36. For the Tier 2 and Tier 3 payment processing channels, the Client will be required to provide completed banking fom,s, which may include among others a participation agreement and sub-merchant agreement with the payment processor as well as a bank verification letter prepared by the Client's settlement account's bank, and a Forni W-9, Request for Taxpayer Identification Number and Certification. Vvhen a notice is issued with a fine amount, there are multiple payment channels from which the payer may choose. All payments are tracked by payment source (phone and web, and lockbox and walk-in) and payment method (check, money order, credit card and eCheck / ACH (automated clearinghouse). The BOS allows for applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals, and reversals to be tracked. Verra Mobility partners with a provider for lockbox services. We also have a relationship with ACI Payments to provide payment processing services for online and phone payments. The following are the multiple options that Verra Mobility can makes accessible to citation recipients depending on the City's preference. Lockbox Payments Each notice includes a payment coupon that the violator mails in with his or her payment by check. All lockbox payments are mailed to the lockbox vendor's address. The lockbox vendor handles the lockbox payment channel and deposits checks and money orders directly to a Client-designated account (Tier 2) or to and additional account, opened by the Client for Verra Mobility to monitor and reconcile lockbox receipts (Tier 3). Phone Payments Violators have the option of paying their fines over the phone utilizing our interactive voice response (IVR) system. Each notice will have our toll-free customer service number listed on it, which violators can call to enter their payment infomiation (credit card ore-Check) over the phone. Violators also have the option to listen to frequently asked questions (FAQs) and other program-related questions. They can speak to a live agent if they need information that is not available in the system's pre-recorded messages. A convenience fee is applied to the payer. Walk-In Payments For those violators who wish to make a payment in person, v1olators can make payments at a Client facility (if the Client desires to offer this option) Each notice will include instructions to the payer to go to the designated location for walk-in payments. To increase collection capabilities and payment rates, Verra Mobility offers its clients the ability to provide a walk-in cash payment option to violators through MoneyGram™. 6 For Customer to select Tier 2 or Tier 3 payment processing channels, Customer will be required to provide completed banking and payment processing forms and related agreements, which include among others: • a participant agreement and submerchant agreement with the payment processor; • a bank verification letter prepared by the Customer's settlement account's bank; and • a Form W-9, Request for Taxpayer Identification Number and Certification. Copies of banking forms and related agreements will be provided upon request. Neither (i) certain vendors of Verra Mobility, which perform licensing, testing, or qualification of equipment nor (ii) payment processors and other regulated entitles, such as U.S. Bank or cellular service providers, are to be considered subcontractors of Verra Mobility under any resulting agreement with Customer. VERRA MOBILITY Page 80 ©2024 Verra Mobility� Proprietary and Confidential 663 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 With MoneyGram ExpressPayment™, payments are processed and then credited electronically at retailers throughout the nation, such as all Walmart, CVS Pharmacy, and many other well-known retailers. MoneyGram can help violators avoid late fees and other consequences with a same-day walk-in payment option. Payment availability through MoneyGram locations allows Verra Mobility customers to better serve citizens by providing a convenient and affordable bill payment solution for the ·unbanked" and·under-banked' population, who operate mostly with cash. A large network of retail locations can increase the likelihood of citation payment for those without a checking account or credit card by making the process simpler and placing it closer to where the violator resides. This payment option can help you optimize your program by collecting funds in a more timely and efficient manner. This convenient payment option is available at no additional cost to the Client. Any transaction fee charged to the violator is paid to the MoneyGram Express Payment vendor. Web Payments Verra Mobility has a relationship with ACI Payments to provide online and phone payment processing services. The online payment channel allows violators to pay independently online through our public-facing website. Most major credit cards are accepted. Verra Mobility's processing system provides validation of the notice numbers, PINs and balances during the session transfers with ACI Payments. A convenience fee is applied to the payer. Funds Deposit If the Client selects ner 1, Verra Mobility will assist the Client in establishing a dedicated demand deposit account owned by the Client where payments will be deposited regularly from the Verra Mobility-facilitated payment portals. If the Client chooses our Tier 2 or Tier 3 processing options, below is a description of the deposit process for each tier. For Tier 2 processing, funds received through all payment channels are deposited daily to the Client's designated bank account. A record of these payments is entered into the BOS and the balances are updated. For Tier 3 processing, funds received through all payment channels are deposited into the Client-owned U.S. Bank account. which the Client delegates authority to Verra Mobility for the purpose of performing certain functions. A record of these payments is entered into the BOS and the balances are updated. Either weekly or monthly, Verra Mobility initiates an ACH payment from the Client-owned and opened U.S. Bank account to the Client's designated bank account. Every month, Verra Mobility furnishes the Client with a reconciliation of received payments and returns recorded in the BOS module to the Client-owned and opened U.S. Bank account statement. RFP Requirements: 5.84 Statistical Reporting. In addition to SOS required reports and logs, in support of the City's project evaluation activities. the Successful Proposer will provide monthly and semi-annual summary program metrics to the City of Tampa Police Department that will include. at a minimum, the following (Web-based reporting systems are required) (provide samples): -Number of events recorded, by intersection approach and in total; -Number of events not billable/rejected, including a breakout of controllable and not-controllable events lost, by location and in total, along with reason for non-billable/rejected events; -Number of events forwarded to City of Tampa Police Department; -Number of citations authorized and mailed, by month of issuance; and -Number of citations returned as undeliverable. Vena MC'\t ihty Resp<>nst; Verra Mobility provides SOS required reports and logs, in support of the City's project evaluation activities and will provide monthly and semi-annuar summary program metrics to the City of Tampa Police Department that include, at a minimum, the following: • Number of events recorded, by intersection approach and in total; • Number of events not billable/rejected, including a breakout of controllable and not-controllable events lost, by location and in total. along with reason for non-billable/rejected events; • Number of events forwarded to City of Tampa Police Department; VERRA MOBILITY Page 81 ©2024 Verra Mobility* Proprietary and Confidential 664 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 • Number of citations authorized and mailed, by month of issuance; and • Number of citations returned as undeliverable. Our BOS includes a business intelligence (Bl) reporting module. Power Bl is a comprehensive web platform allowing clients to view program and statistical data for short and long-term analysis of events and trends. This data is available in a variety of formats and visualizations, depending on the metric presented. Reports are grouped by statistical, financial, and operational data types. The BOS contains an extensive selection of parameter-driven reports to assist personnel in monitoring and measuring the effectiveness and efficiency of the camera systems. As a web-enabled system, authorized personnel can view and print any of these reports within the Bl reporting tool at their convenience. Example reports are provided in the followinQ section. RFP Requirements: 5.85 SOS Analysis and Reporting (provide samples). SOS must be capable of providing statistical analysis of camera location and operations and Proposer should provide samples of reports. Verra Mobility Response. Verra Mobility's solution allows for SOS Analysis and Reporting. Our SOS is capable of providing statistical analysis of camera location and operations . Our Analysis and Reporting is fully equipped to provide comprehensive statistical analysis of camera locations and operations. It generates detailed reports that include metrics such as operational uptime, frequency of use, and location- based performance. For instance, the following screenshot of our back-office system (BOS) reporting system showcases a heatmap of camera usage across various locations, as well as a breakdown of metrics over time. These samples demonstrate our capability to deliver the required analysis and reporting for RFP. Samples reports are provided below. VERRA MOBILITY Page 82 ©2024 Verra Mobility� I Proprietary and Confidential 665 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 VERRA MOBILITY Page 83 ©2024 Verra Mobility'" I Proprietary and Confidential 666 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 COMPREHENSIVE REPORTING RFP Requirements: 5.85.1 SDS shall be capable of providing reports which show, at a minimum: -Hours of use per camera by operational site; -Results achieved by each camera by site; -Violations recorded by site; and -Violations by speed, date, and hour. Verra Mobility Response Verra Mobility's SDS can provide reports which show, at a minimum the hours of use per camera by operational site; results achieved by each camera by site; violations recorded by site; and violations by speed, date, and hour. Please see our response to RFP requirement 5.85 for additional information. RFP Requirements: 5.85.2 SDS shall be capable of immediately generating operations reports 24/7 including: -Number of violations recorded; -Count of violations where notices not prepared; -Notices prepared and mailed by First Class mail; and -Status of notices issued (outstanding, canceled, reissued and so forth). Verra Mobility Response Our SDS is capable of immediately generating operations reports 24/7 including: number of violations recorded; count of violations where notices not prepared; notices prepared and mailed by First Class mail; and status of notices issued (outstanding, canceled, reissued and so forth). The following list details additional reports that can be provided to the City of Tampa. > Program Summary - Provides high-level views of the customer program by site location, violation type and event status either by month or year. > Event and Citation Trending - Provides views of traffic, event and citation volume by location and program type either by day, week, month, or year. Users can view average speed at which events occur and citations are issued, comparing data from camera locat ion to camera location. VERRA MOBILITY Page 84 ©2024 Verra Mobility· Proprietary and Confidential 667 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 85 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY .,. Camera Activity - Provides views of camera activity by location and enforcement type. Includes hours when traffic or triggered events were captured and when the camera systems were idle without traffic or triggered events. Event Activity - Provides views of number of events and their current state by enforcement type. Filter by day, week, month, or enforcement site level. :> Officer Activity - Provides views of the Officer (or designated personnel's) decisions on captured events reviewed in summary, by Officer, and over time. , Document Mailings - Provides views of number and type of documents mailed year over year, quarterly, and the ability to narrow results to a specific time frame. > Program Revenue - Provides views of total program revenue. > Invoicing - Verra Mobility services invoiced. Community Impact - Provides views of issued citations percentages by Resident, Non-Resident, City and ZIP Code. Queue Matrix - Provides views of current event counts and their associated stage in the workflow queues. :> Payment Statistics - For Clients that partner with Verra Mobility on payments, this report provides views of payments received on first or escalated notice; as well as, paid vs. unpaid trends. -.. Banking and Payments - For Clients that use Verra Mobility enabled payment channels, provides views of payment activity by channel, payment method, camera system location and payments by transaction date. : Collections - For Clients that use collections agencies through Verra Mobility to support Collection activities, provides views of collection actions and paid vs. unpaid results. > Hearings and Adjudication - For those Clients that use the Verra Mobility Adjudication module, provides a view of the appointment calendar by appointment type, document type and/or violation type. Also includes determinations from past appointments. Verra Mobility Live - For Clients with this functionality, provides views of historical video requests and, where allowed by law, live stream sessions. Filter by request type and view daily, weekly, or monthly usage by user. RFP Requirements: 5.85.3 Camera system shall also supply the following reports: -Camera equipment hours of service and hours lost; -Number and description of camera or other equipment malfunctions; and -Time spent by each TPD user logged into the violation processing system and the number of violations processed by each user. Verra Mobiht} Re!'ponse Our camera system also supplies the following reports: camera equipment hours of service and hours lost; number and description of camera or other equipment malfunctions; and time spent by each TPD user logged into the violation processing system and the number of violations processed by each user. We currently provide all these reports on your current red-light program and will do so for the speed enforcement program, conforming with statutory requirements. RFP Requirements: 5.85.4 Camera system shall be capable of providing violation and traffic statistics as follows: -Real-lime traffic volume and vehicle counts, and -Real-time violation graphs and chart by time of day and day of week. .Jvrra Mobility Response Verra Mobility's system provides violation and traffic statistics including real-time traffic volume and vehicle counts, and real-time violation graphs and chart by time of day and day of week. We can also provide graphs, charts by time of day and day of the week. among additional resources and analytics as we currently do for the existing photo enforcement program. 668 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 86 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirements: 5.86 Hearing Support and Customer Service. Successful Proposer shall work with the Tampa Police Department in developing hearing schedules and sending all notices for hearing dates and rescheduled hearings as may be needed. The Successful Proposer shall handle an customer service calls and request for rescheduling hearings unless otherwise agreed to by the Tampa Police Department V,.r,a Mobility Response Verra Mobility provides support and customer service, which includes working with the Tampa Police Department in developing hearing schedules and sending all notices for hearing dates and rescheduled hearings as may be needed. We will handle all customer service calls and request for rescheduling hearings unless otherwise agreed to by the Tampa Police Department. Verra Mobility fully supports and will provide ongoing expert testimony, as reasonably necessary, at contested court hearings. We have highly qualified and experienced witnesses, including our local Account Manager, who can testify to system functionality, accuracy, event processing, and chain of custody. In addition, throughout the tern, of the agreement. Verra Mobility will provide technology event storage and chain of custody training to police personnel as often as reasonably necessary to allow such personnel to act as expert witnesses on behalf of The City with respect to the program. Such training may be personalized to the City, to assist them in addressing specific challenges as they occur. Orlando Torres can also work with the City to identify any recommended areas of improvement. RFP Requirement: 5.87 Payment Plan. Successful Proposer shall offer a payment plan option to be handled by the Successful Proposer and all proposals shall provide details of the payment plan. Verra Mobility Response. Verra Mobility offers a payment plan option to be handled by our company. Please see our response to RFP requirement 5.26.14. RFP Requirement: 5.91.1 Identify a payment or cost or revenue share schedule. Payment will be made only as segments of the project are delivered and accepted by The City. Vt.ira Mobility Resp11nse Our payment. cost and revenue share schedules are in Tab 10, Compensation. Payment will be made only as segments of the project are delivered and accepted by The City. RFP Requirement: 5.91.2 Explain and provide details of any conditions that might increase or reduce the cost of the proposed services. Verra Mobility Response We provide detail on the cost of all services within Tab 10 Compensation. RFP Requirement: 5.91.3 The costs of these services. Costs shall include all items, including but not limited to, professional time, travel, data processing, forms. printing, or any other expenses included in the proposed cost. Verr Mobility ResponsP Please refer to Tab 10 Compensation for the costs of all services. Costs all items. including but not limited to, professional time, travel, data processing, fom,s, printing, or any other expenses. RFP Requirement: 5.91.4 Final negotiated prices submitted shall be valid for a period of at least 120 calendar days from the original due date of this RFP until such time a contract is signed, unless extended in writing. Verra Mobility Response· 669 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 87 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY Verra Mobility complies with the requirement that final negotiated prices submitted in our proposal valid for a period of at least 120 calendar days from the original due date of this RFP until such time a contract is signed, unless extended in writing. RFP Requirement: 5.91.5 Pricing shall be firm for the initial term of the contract. Additional information related to compensation for future contract periods is included in the General Conditions. Ven a Mobility Response Our included pricing is firm for the initial term of the contract. Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 5.91.6 The City will only accept proposals that guarantee cost neutrality to The City (i.e., City's portion of the revenue collected will at least match Successful Proposer's cost and expenses for providing the system). Should the amount of the City's portion of the revenue collected fall short of Successful Proposer's cost and expenses, the Successful Proposer will absorb the difference in cost The City will not pay any additional fees not covered by City's portion of revenues received. Verr.i Moblltty s Response Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 5.91.7 The City will not pay any upfront costs for the installation of this SOS and related equipment Verra Moh1lrty Response· Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 5.91.8 Proposer should assume a minimum of SOS will be installed as authorized by City Ordinance; however, The City has sole discretion to make changes to the number and/or location of all SOS locations. VP.rra Mobility Response Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 6. CITY'S ROLE AND RESPONSIBILITIES The City through the Tampa Police Department shall review violations provided through an electronic system provided by the Successful Proposer which allow officers, or TIEO's if applicable, to make the determination as to whether a violation exist and if a Notice of Violation and, when applicable, a UTC will be issued as provided herein and in accordance with Florida Statute. The City shall provide a Clerk and a local hearing magistrate to conduct hearings on Notice of Violations. UTC's will be handled through the Clerk of the Court and heard in traffic division in the Thirteenth Judicial Circuit County Court. The City Mobility Department will work with vendor as required for the placement of school speed zone enforcement cameras and TPD will work with the Successful Proposer on the review of the violations to determine whether a violation exists and will provide officer, or TIEO if applicable, hearing testimony. The City will provide a location for NOV hearings and a magistrate for conducting the hearings. Verra Mobllit}' Response We understand and will fully comply to the City's stated roles and responsibilities. RFP Requirements: 7. PROPOSER SUBMITTAL$ The following must be submitted in the proposal: 7.1 Contract Termination for Default. Has the Proposer's company had a contract terminated for default in the 670 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#61l 122923 Page 88 ©2024 Verra Mobility"" 1 Proprietary and Confidential VERRA MOBILITY last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performanceor poor performance and the issue of performance was either not litigated due to Inaction on the part of the Proposer; or litigated and determined that the Proposer was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company's position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its experience. Ve ra Mobility Response· None. 7.2 Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation. relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. Ve,ra Mobility Response Please note that we have Included this information within our response to RFP Section 8.6 Current/Past Legal System Proceedings. RFP Requirement: 8 QUALIFICATIONS 8.1 Proposer must provide references from five or more operational cities, counties, states, or provinces of similar size to the City to document successful deployment of vendor's proposed school speed zone detection technology and system solution. The references must be operating an outsourced program using the same equipment and technology proposed herein. The list for each reference shall include: • Agency/Jurisdiction Name and Address; • Contracting Officer and Contact Information (Telephone Number and E-mail Address); • Technical Representative and Contact Information (Telephone Number and E-mail Address); and • Written description of the specific services provided. Vena Mobility Respo sc We have included more than 10 references within •Tab 6 - References' that can attest to our ability to provide the exact services required in this RFP. The client most similar in size (population and area) to The City of Tampa is the City of Orlando in Florida. This client has a population that is also 300,000+ and an area between 100 and 200 square miles like the City of Tampa. The City of Orlando Contact Information Raymond Rodriguez, Program & Operation Coordinator 407-246-2060 (general) 407-246-8487 (office) Raymond.Rodriguez@cityoforlando.net Our proposed technology is currently operational in the City of Orlando, including the exact camera model and back-office platform. We provide automated enforcement technology for this client. Please note that the following five references also are for speed enforcement services, are operational programs and share the same technology as proposed on this bid: • City of Atlanta, GA • District (Washington D.C.) Department of Transportation • City of Alexandria, VA • City of Baltimore. MD • Union City, GA 671 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 89 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP Requirement: 8.2 The City requires the Proposer to be a National Law Enforcement Telecommunications System (NLETS) Strategic Partner. This is very beneficial for obtaining out of state registration information. Proposer shall include in its proposal a statement indicating it is a NLETS Strategic Partner, and if so, provide date of certification and copy of certificate(s). Verra Mob1lit) s Respvnse Verra Mobility is an Niels Strategic Partner. Verra Mobility has trusted Nlets as a superior partner because of its security, capacity, and reliability. Our Nlets Strategic Partner certification was granted in May 2006; we were the first certified Nlets Strategic Partner in the road safety camera industry (https://www.nlets.org/partnerships/strategic-partner-list). Nlets re- certifies every three years by performing an audit to ensure VERRA MOBILITY is in compliance with the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy. .....,... - .. _.,_, --........_....,............�... ..... RFP Requirement: 8.3 Proposer shall state its experience in working with other Florida Jurisdictions under the current State of Florida statutes (Chapter 2023-174, Laws of Florida). Verra Mobilit� Response. Verra Mobility has extensive experience working in Florida, operating under Florida Statute (Chapter 2023-174, Laws of Florida). We bring unmatched knowledge of Florida as well because we currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Our local team consists of account management, licensed engineers, a construction manager, and technicians. Verra Mobility has key relationships with Hillsborough County, Florida Power and Light (FPL), and Florida Department of Transportation to ensure permits are issued on time and schedules are met. Please see Tab 7. General Statement of Experience for a comolete descriotion of our exoerience. RFP Requirement: 8.4 Project Staff Qualifications. Proposer shall include the name, title, address, and telephone numbers of employees and/or subcontractors who will both manage and be assigned to perform services under the proposal. In addition, a signed resume not exceeding two pages, including references, detailing educational qualifications and previous work assignments related to this RFP for each project management team member who will be assigned to perform work under this contract. Verra Mobility Response Verra Mobility offers local personnel with the ability to respond to you easily, including the Director of Account Management, Orlando Torres, lives in Fort Lauderdale and can coordinate a response to your office within just a couple of hours. We also propose Senior Account Manager Placido Diaz. For this program we include two additional operational key staff positions in Tom Horak, Customer Service Representative and Kathleen Dobbels, our nearby located Vice President of Field Operations. Resumes for each of our key personnel are provided below and Include signatures, references, and additional information. 672 ORLANDO TORRES DIRECTOR OF ACCOUNT MANAGEMENT PROFILE Orlando is the client's primary point-of-contact from contract execution until the first camera system goes live and starts issuing notices. Once the program is operational, he remains as client relationship manager and liaison for program needs throughout the contract period. Orlando applies his six years as Deputy Director of Toll Operations for Florida to successfully manage current relationships with road safety camera programs, such as Miami Gardens, City of Orlando, City of Aventura, and others. He has served as the Account Manager in South Florida for the past 12 years. He also manages the school bus stop-arm, and school zone speed safety camera programs for Atlanta Public Schools and Cobb County School District in Georgia. Orlando analyzes problems and implements the best course of action to bring them to mutually satisfactory resolution. His regular communication with project stakeholders and constant activity and interactions in the community as a Broward County resident helps to ensure the development and continuance of successful photo enforcement programs. RELEVANT PROFESSIONAL EXPERIENCE American Traffic Solutions, Inc. dba Verra Mobility Director of Account Management Executive Account Director 2015- PRESENT 2012-2015 • Functions asa coordinator between Verra Mobility staff and client staff • Works with the client's Project Manager to plan all project activities and tasks • Meets with the client's Project Manager asfrequently as deemed necessary • Provides program status reports and resolves outstanding issues • Acts as the Verra Mobility point of contact for all matters relating to the client project • Facilitates meetings between the client and Verra Mobility, when scheduled or requested • Ensures the client receives necessary information through regular and called meetings, written documentation, aswellas formal and informal communications • Responds promptly when contacted by the client Florida's Turnpike Enterprise, SunPass Deputy Director of Toll Operations 2006- 2012 • Planned, organized, and directed the activities of the Agency's SunPass Program • Managed customer service operations and all SunPass accounts, including Boca Raton and Orlando callcenter facilities administration and maintenance of facility • Monitored SunPass accounting policies and responsibilities for cost center budget /finance management • Conducted presentations within and outside of FTE asnecessary for communication • Developed and managed new business opportunities for SunPass and FTE • Reviewed, interpreted, implemented, and enforced agency policies, rules, and procedures and assisted in accomplishing the agency's mission by providing safe and efficient transportation 673 ORLANDO TORRES DIRECTOR OF ACCOUNT MANAGEMENT REFERENCES Raymond Rodriguez, PM City of Orlando, FL Phone: (407) 246-2487 Richard LeMack Town of Davie Phone: (954) 797-1030 Email: raymond.rodriguez@cityoforlando.net richard_lemack@davie-fl.gov John Franklin, Executive Director Atlanta Public Schools Phone: (404) 802-5513 jafranklin@atlanta.k12.ga.us Mike Bentolia, Chief Adventura Phone: (305) 466-2893 richard_lemack@davie-fl.gov Signature 674 PLACIDO DIAZ SENIOR ACCOUNT MANAGER PROFILE Placido possesses over 20 years of extensive professional experience in the law enforcement field with expertise in managing investigations,security, public service, law enforcement training, and Police activities. He is also knowledgeable in internal affairs investigations, governmental presentations, public safety programs, emergency response, policy and procedure development, budget planning, management, and media public relations. He is an excellent communicator with notable success in the management of operations focused on lowered crime, heightened security, strengthened productivity, and overall quality of life across the community. Placido's experience in the public safety field is an asset to his clients and he believes in teamwork and collaborating with all stakeholders in any organization in order to succeed. He manages multiple Florida-based accounts throughout the state. RELEVANT PROFESSIONAL EXPERIENCE Verra Mobility Senior Account Manager 2013- PRESENT • Provides support to all clients from thelaw enforcement perspective • Provides financial and technical support to all clients • Performs regular auditsof the client accounts to ensure performance and accountability • Ensures compliance with state statue and localordinances • Audits the financials on a regular basis to ensure all financial obligations are met • Evaluates pricing models for products from alaw enforcement and government perspective • Provides client support in both technical aspects and day to dayoperational needs • Meets withclients and stakeholders regularly to proactively address any needs or concerns • Conducts public presentations to stakeholders including elected officials, law enforcement and staff City of Sweetwater Police Department Chief of Police 2015 - 2023 • Managed the public safety and police operations of The City with 71sworn and 13 civilian personnel • Planned, organized, directed, and oversaw all activities of the Police Department with an operating budget of $14M • Prepared long-term strategic plans, objectives, organizationalstructure, and overall direction for the Police Department • Performed a variety of complex administrative and professional work in planning, coordinating, and managing the maintenance and adherence to the department's accreditation through CFA 675 • The FBI Law Enforcement Executive Development Association PLACIDO IAZ SENIOR ACCOUNT MANAGER RELEVANT EXPERIENCE CONTINUED City of Miami Police Department Special Projects Coordinator for the Assistant Chief of Police Sworn Law Enforcement Professional 2013-2015 2003-2015 • Administered State and Locallaw enforcement programs including the Mark Wandatt Traffic Safety Program • Executed daily operations of several departmental programs including the validation and operational process for multiple quasi-judicial boards • Implemented programs for units of local and state agencies concerned with law enforcement in accordance with statutory mandates and localguidelines • Assisted in the day-to-day operations of the Assistant Chief in both the Administrationsand the Filed Operations Division REFERENCES Saul Diaz City of Sweetwater, FL Phone: (407) 246-2487 Ralph Ventura City of Sweetwater, FL Phone: (305) 221-0411 Chris Lafontaine Hilton Garden Inn Phone: (305) 500-9079 Signature 676 TOM HORAK CLIENT SUPPORT SPECIALIST PROFILE Tom has nearly twenty years of experience supporting the implementation and operation of successful photo enforcement programs. He currently provides ongoing client customer service in Florida, Georgia, and Illinois. Following program go live, Tom becomes the client's primary point-of-contact and communication link to all internal Verra Mobility departments. As such, he works with numerous stakeholders - including the court(s), law enforcement, and the client's IT department - to solve all issues related to processing events. RELEVANT PROFESSIONAL EXPERIENCE Verra Mobility Client Support Specialist Safety Customer SeNice SupeNisor Customer SeNice Team Lead Event Processor 2012-PRESENT 2010- 2012 2008 -2010 2007 -2008 • Researches and resolves client issues within 48 hours. If an issue requires additional time for resolution, provides frequent updates until issue is resolved • Investigates solutions and communicates appropriate options for resolution • Works directly with Operations to ensure event processors and customer service representatives have the most up-to-date information • Analyzes issuance rates and police approval rates and works with internal groups and law enforcement to improve rates • Processes requests for video clips • Reviews business rules. contracts, and other account-specific items important to servicing the account • Monitors police review queues daily. If police review queues require attention, initiates immediate appropriate outreach either by email or phone call. If there is no improvement within 48 hours. escalates the issue REFERENCES Chad R. Mumbauer, Special Ops Lakeland Police Department Phone: (863)834-2580 Facebook: LakelandPD@LakelandPD Signature Jimmy E. Deal, Chief of Police Miami Springs Police Department Phone: (954) 797-1030 Email: jdeal@mspd.us 677 KATHLEEN BBELS VICE PRESIDENT, FIELD OPERATIONS PROFILE Kathleen Dobbels is a dedicated Field Operations leader for North America and Europe, who brings 25 years of experience in business processes, customer satisfaction, and management. Throughout her career, she has focused on taking global operations to the next level by focusing on service excellence and creating scalable and innovative processes driving better outcomes for clients. With Kathleen's passion for continuous improvement and strong background in Lean Six Sigma, she sets a high bar for excellence and empowers teams to attain powerful results. In Kathleen's previous roles, she boosted customer and employee satisfaction by pioneering cultural transformations of Field, Processing, and Technical Support for more than 70,000 customers globally. She resides in nearby Vero Beach, Florida, and currently oversees the Verra Mobility National Field Services organization, comprised of the Field Services team and Verra Command Center. Kathleen is responsible for service delivery, productivity, and employee engagement as well as other responsibilities associated with day-to-day operations and continuous improvement within Field Services. She leads all support and field teams efforts. RELEVANT PROFESSIONAL EXPERIENCE Verra Mobility VP, Field Services, North America & Europe 2023 - PRESENT • Builds and empowers high-performing teams, re-engineers processes, and deploys automation to enhance customer satisfaction • Leads continuous improvement efforts through the application of Lean Six Sigma methodologies • Manages the National Field Services organization, which includes the Field Services team and Verra Mobility Command Center • Analyzes and works to improve all aspects of Field Services operations, including service delivery, productivity, and employee engagement NCR Vice President, Customer Operations 2020-2022 • Oversaw $45 million budget with 1,500 employees delivering technical support of NCR and third-party software, hardware, and services in the Hospitality division • Pioneered comprehensive cultural transformation within Hospitality Customer Operations, creating a customer-centric organization, re-engineering processes, and deploying automation • Replaced outdated technology with cloud-based platforms (Genesys, Salesforce) in less than 12 months; leveraged MUAI to simplify the product thereby resolving customer issues • Grew the Service Desk delivery, outsourcing IT support by 4x in 12 months NCR Vice President, Strategic Growth Platforms 2019- 2020 • Deployed Product Lifecycle Management and coached Strategic Growth Platform teams in transformation from hardware and on-premises software to Saas for Banking, Retail and Hospitality • Worked with the C-suite for the governance, reporting, and success of seven Strategic Growth Platforms 678 KATHLEEN DOBBLES VP, FIELD SERVICES N. AMERICA & EUROPE RELEVANT EXPERIENCE CONTINUED Nielson Sr. Vice President Global Operations Consumer Insights & BASES 2017-2019 • Oversaw Buy Customized Research Operations with $250 million expense budget managing 2,000 employees and 500contractor agencies across 90 countries Sr. Vice President Global Integration & Excellence • Oversaw Buy Customized Research Operations with $250 million expense budget managing 2,000 employees and 500contractor agencies across 90 countries Sr. Vice President, Business Process Improvement & Quality 2016-2017 • Led global Lean Six Sigma program with 100top-rated Lean Six Black Belts Vice President, Global Operations BASES & Customized Research • Led global operations for BASES-CR, managing 600 associates and 650 2019 contractors Vice President, Business Processing Outsourcing • Identified issues and improved performance at delivery centers with 1,700 associiates REFERENCES 2007-2009 Mitchell Habib, Founder & CEO FCM, LLC Phone: (904) 608-5893 Email: mitchell@thinkfcm.com Signature KatflteeN JJobbetJ Joe Wilke, Special Advisor BASES Nielsen IQ Phone: (513) 533-3604 Email: joe.wilke@nielsen.com 679 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 8.5 Financial Overview Financial Overview. Proposer shall provide a general description of the firm's financial condition and identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer's ability to complete the project. Verra Mobility Response Verra Mobility is in excellent financial standing and has no conditions that would impede our ability to complete this project. We are a long-term mobility technology service provider with approximately 20 years of experience in the industry. We offer the size, scope, and stability of a company whose ultimate parent company was recently recognized and added to the S&P SmallCap 600 index with programs in the US, Canada, Europe, Asia, and Australia. For Tampa, this means having a partner who will be able to serve your enforcement needs now and into the future with no interruptions. We are also a public company, which means greater transparency to our corporate governance and financial accounting practices. 8.6 Current/Past Legal System Proceedings Proposer shall identify (including venue and case number) and describe all litigation, pending or closed, in which Proposer is or has been a named party and all notices of intent to sue filed by the Proposer in the last five years involving a local government and a red-light camera system. Proposer shall also identify and describe all litigation, pending or closed, in the last five years in which Proposer is alleged to have engaged in fraud. Verra Mobility Response: VERRA MOBILITY ©2024 Verra Mobility- Page 90 Proprietary and Confidential 680 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 RFP Requirement: 9. MANAGEMENT If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City's management team for interview and consultation during plan(s) development and for review of the draft and final plans. Verra Mobility Response Yes. If there is a change in personnel during this project, Verra Mobility will ensure that The City is made aware and arrange for the review of suitable substitutes and will worl( with The City for the development of the drafts and final plans. RFP Requirements: 10. IMPLEMENTATION 10.1 The Successful Proposer shall worl( with the City to initially install a SOS at all identified locations as authorized by Ordinance. The following implementation schedule is provided: • EVENT DATE COMPLETED (whatever is later) Permits, installation and testing of all SOS and operations 07/15/24 or 90 days after contract • Signage Prior to implementation as requested by The City • Public announcement and awareness campaign 30 days prior to implementation • Implementation 08/12/24 or 15 days after testing completed • Training 08/01/24 or 1 week prior to implementation Verra Mobility Response: We have created an implementation plan that will comply with the implementation schedule listed in the requirement above. VERRA MOBILITY Page 91 ©2024 Verra Mobili t y �, Proprietary and Confidential 681 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 RFP Requirement: 10.2 For each of the implementation requirements above, Proposer shall provide a description of the extent of The City staffs involvement in the project and provide a requirements list for The City as part of its proposal. Verra Mobility Response· For permits - The City, County and FOOT is required to approve all permits Installation - The City will be notified of our installment milestones. We will communicate with the City to ensure all BRO and CRQ documentation is in line with agreed-upon project requirements. Testing - The City will be notified of our testing milestones. This step is completed internally. Operations - The City will be notified of the status of operations and will be able to pose questions. Signage - Client will provide signage requirements and Verra Mobility will procure and install all signs in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Public announcement and awareness campaign - The City will meet with Verra Mobility and review all concepts and plans and provide any additional inputs. Implementation - The City will approve site images in order to go operational. VERRA MOBILITY ©2024 Verra Mobility� Page 92 Proprietary and Confidential 682 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Training - The City would need to provide details for this step including dates, participants, locations (virtual or on-site) and other pertinent inputs. RFP Requirement: 10.3 Successful Proposer shall support The City by training staff on how to present the Program at public seminars or presentations. \A/hen requested by the City, the Successful Proposer will provide staff for public forums/ seminars. Verra Mobility Response· Verra Mobility is committed to excellence is by designing and delivering training content that is specific and relevant to the program that The City will operate. We will provide all necessary training staff to support public forums and seminars. This may include facilitator-led training sessions that occur face-to-face or through distance learning. Each Verra Mobility training course will be accompanied with training materials on the topic or function being trained. RFP Requirement: 11. COORDINATION WITH THE CITY 11.1 The Successful Proposer shall identify their Project Manager who shall work in close coordination with the City. The City's Project Manager shall be the City's point of contact. The City shall approve any changes to the Successful Proposer's Project Manager or personnel assigned to the project. Verra Mobility Response· Verra Mobility's Project Manager for The City of Tampa is Placido Diaz, who is experienced in The State of Florida. Below is a summary of Placido's work experience. Placido Diaz possesses over 20 years of extensive professional experience in the law enforcement field with expertise in managing investigations, security, public service, law enforcement training, and Police activities. He is also knowledgeable in internal affairs investigations, governmental presentations, public safety programs, emergency response, policy and procedure development, budget planning, management, and media public relations. He is an excellent communicator with notable success in the management of operations focused on lowered crime, heightened security, strengthened productivity, and overall quality of life across the community. Placido's experience in the public safety field is an asset to his clients and he believes in teamwork and collaborating with all stakeholders in any organization in order to succeed. He manages multiple Florida-based accounts throughout the state. RFP Requirement: 11.2 During the term of the contract, the Successful Proposer's Project Manager shall meet on-site with the City's Project Manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating work to be performed, or performance of work. Verra Mobility Response Yes. Verra Mobility's project manager will be available to the City Manager and/or other designated City officials as necessary. RFP Requirement: 11.3 Successful Proposer shall present the skills and qualifications of the Successful Proposer's Project Manager candidate and the team surrounding that candidate. The City shall have the right to interview the Successful Proposer's Project Manager candidate prior to awarding the contract and will have the right to require that the Successful Proposer's Project Manager and team members be replaced throughout the term of the contract. Verra Mobility Response Yes, we understand and will comply with the City's right to interview our Project Manager prior to awarding the contract and confirm that we will allow team members to be replaced throughout the term of the contract. RFP Requirement: VERRA MOBILITY Page 93 ©2024 Verra Mobility- 1 Proprietary and Confidential 683 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 11.4 Proposer shall provide a project timeline/schedule indicating when the proposed program will be fully operational for the City, no later than August 12, 2024, barring circumstances beyond the control of the Successful Proposer or written agreement with the Director of Mobility Department for additional time for implementation. Verra Mobility Response: RFP Requirement: 12.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer'swarranty statement is to be submitted with the proposal. The material(s) supplied shall be guaranteed to be free from defect of composition, conception, and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer's expense for immediate replacement. Verra Mobility Response: VERRA MOBILITY ©2024 Verra MobilityM Page 94 Proprietary and Confidential 684 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 95 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY As Verra Mobility will retain ownership of the camera systems, the camera manufacturer's warranty runs to Verra Mobility. If Verra Mobility is fortunate enough to be awarded a contract by the City of Tampa for its automated speed detection program, during the term of the contact, Verra Mobility will maintain the camera systems and ensure camera systems remain operational in accordance with the terms of the City's request for proposal and contract for the program. For reference, below is the warranty provided by the camera manufacturer: The manufacturer warrants that all Products lo be provided under this Agreement shall, for a warranty term equal to three (3) years from the date of installation at a Customer location, but in no event shall such three-year period commence more than 6-months of date from invoice, be substantially free of defects in materials and workmanship and that the Products shall comply with all applicable Specifications . 685 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 96 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY Tab 6. References Tab 6. References. Include a reference list of at least five clients to whom the Proposer has provided services like those being proposed to the City. We provide a reference list below that includes five speed enforcement clients that utilize the same technology proposed for the City of Tampa. We have also Included numerous other red light customers in Florida to showcase our automated enforcement experience in the state. ��r-� l..'"'f•tl:J..:! .-.H.it�-1� City of Atlanta, GA Keith Sumas, Emergency Management Coordinator Phone: 404.802.2022 (office) 678.907.7032 (cell) Keith.Sumas@atlanta.k12.qa.us School zone speed safety camera program. Complete end-to-end solutions that include speed studies, site surveys and permitting, construction, equipment installation, maintenance, field services, program training, reporting, management, event processing, citation printing and mailing, public-facing website, public awareness support, call center, and payment and court support.. Baltimore City, MD - Speed Enforcement (School Zone - 1-83) Name: Phillip Mellerson Title: ATVES Director Phone: 410.984.9870/443.934.1977 Email: ghllhQ,mellerson@baltimorecity.gov Verra Mobility provides a full turnkey solution to Baltimore City with 126 transportable speed cameras and 15 fixed speed cameras for a total of 141 speed cameras. Our cameras capture events at the edge and send them to the BOS via a secure encrypted network. We complete the initial review, OMV lookup, and a second review prior to sending the event to Baltimore City for review. Events approved by the PD are then sent back to Verra Mobility to perform print and mail services. We also provide Baltimore City court packages for violations that are appealed and go to court. Washington D.C. Name: Charles Turner Title: Program Manager, District Department of Transportation Phone: 202.541.5494 Email: Charles.Turner@dc.gov Verra Mobility has partnered with Washington, D.C, for its automated traffic enforcement program since the contract was executed in 2006. Verra Mobility's scope of work includes the provision of a speed and red-light safety program, including but not limited to: supporting hardware and software for Verra Mobility's speed and red-light cameras; camera site selection support, design, permitting, installation and maintenance of Verra Mobility's speed and red-light safety cameras; deployment of Verra Mobility's portable speed cameras; battery maintenance for camera systems that the District purchased; training; event processing for Verra Mobility and cameras throuQh 686 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 97 ©2024 Verra Mobilitym Proprietary and Confidential VERRA MOBILITY I ••J,'11!•'-!Stf JJ3'ir♦• 3 li.W:,'.I�••,.: "image crop:• system interface with D.C.'s ticket processing vendor who provides the rest of the event processing after "image crop;" program reporting; and public awareness support. Alexandria, VA Robert McMullen Email: RobertMcMullen@alexandriava.gov We have partnered with the Alexandria Police Department since 2011 to provide the City a Photo Safety Program to help reduce red-light violations and crashes. Our red-light photo enforcement cameras capture still images and video of red-light violators. Currently, Verra Mobility provides Alexandria with six red-light photo enforcement systems at high-risk intersections throughout the City. We also provide back-office processing of the captured incident to the local police for review and authorization of the violation. In addition, we provide subsequent printing and mailing of the police-approved citation maintaining the chain of custody throughout the process by not outsourcing these services. Union City, GA Lt. John Mohney Phone: 404.408.3591 Email: kmohney@unioncityga.org Fixed speed safety camera photo enforcement program. Complete end- to-end safety camera solution including the following services: speed studies, site surveys and permitting, construction, equipment installation, maintenance and field services, program training, reporting, management, event processing, citation printing and mailing, public-facing website, public awareness support, call center, payment and court support. City of Boynton Beach, FL Christopher Munro, Sergeant, Traffic Unit Phone: 561.742.6111 Email: munroc@bbfl.us Verra Mobility provides their Red-Light Camera Photo Enforcement Program. Complete end-to-end safety camera solution that includes the following services: Speed Studies, Site Surveys and Permitting, Construction, Equipment Installation, Maintenance and Field Services, Program Training, Reporting, Management, Event Processing, Citation Printing & Mailing, Public Facing Website, Public Awareness Support, Call Center, Payment & Court Support. City of Orlando, FL Raymond Rodriguez, Program & Operation Coordinator Phone: 407.246.2060 (general) 407.246.8487 (office) Email: Raymond.Rodriquez@c1tyoforlando.net Turnkey automated enforcement program in Florida. 687 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 98 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY 1•t u ._•�••,.a;; "-"1-9-1 ■1 :-.l:;i '.!..-3 �-a3 ·-� City of Kissimmee, FL Curtis McGehee Assistant City Attorney Phone: 407.518.2321 Email: Curtis.McGeheec@kissimmee.gov Turnkey automated enforcement program in Florida. City of Lakeland, FL Chad Mumbauer Police Sergeant Phone: 863.834.2580 Email: Chad.mumbauer@lakelandgov.net Verra Mobility provides their Red-Light Camera Photo Enforcement Program. Complete end-to-end safety camera solution that includes the following services: Speed Studies, Site Surveys and Permitting, Construction, Equipment Installation, Maintenance and Field Services, Program Training, Reporting, Management, Event Processing, Citation Printing & Mailing, Public Facing Website, Public Awareness Support, Call Center, Payment & Court Support. City of Miami Springs, FL Jimmy Deal Chief of Police Phone: 305.887.1444 Email: jdeal@mspd.us Red-light photo enforcement program. Complete end-to-end safety camera solution that includes speed studies, site surveys and permitting, construction, equipment installation, maintenance and field services, program training, reporting, management, event processing, citation printing and mailing, public-facing website, public awareness support, call center, payment and court support. City of Opa-locka, FL Marcos Gonzalez Police Sergeant Phone: 305.681.1033, ext. 2701 Email: mgonzalez@o12alockaod.com Turnkey automated enforcement program in Florida. Town of Orange Park, FL Gary A. Goble Chief of Police Phone: 904.278.3006 Email: GGoble(@towno(:!.com Turnkey automated enforcement program in Florida. 688 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 99 ©2024 Verra Mobilityffl I Proprietary and Confidential VERRA MOBILITY Tab 7. General Statement of Experience. Tab 7. General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess any experience like the services required, Proposer shall provide any pertinent information or experience Proposer feels may qualify Proposer for consideration of award. Verra Mobility is the number one automated enforcement safety camera provider in the industry with approximately 9,000 red -light, speed, stop-arm, and bus lane safety cameras installed in nearly 270 communities and school districts across North America. This number is four to five times larger than our closest competitor. In the U.S. alone, we, together with our affiliates, process more than four million automated enforcement events per month from U.S.-installed camera systems, and we send approx imately 1.4 million potential violations per month to our customers for their review and decision. We bring unmatched knowledge of Florida as well because we currently support automated enforcement safety programs for 31 municipalities In the state, Including multiple programs within a short distance of the City of Tampa. Our local team consists of account management, licensed engineers, a construction manager and technicians. Our company works as your partner, offering institutional knowledge and stability. We are a long-term service provider with 20 years in the Industry, and we were recently recognized and added to the S&P SmallCap 600 Index. For the City of Tampa, this means having an ally who will be able to serve your enforcement needs now and Into the future with no interruptions and limited risk. We are also a public company, which means greater transparency into our corporate governance and financial accounting practices. This global footprint and financial strength give us the capacity to deliver more efficiently than newly established competitors that may lack the resources needed to ramp up implementation or provide the latest modern equipment. Our strong history with clients has led to an over 95 percent renewal rate. Examples of safety camera and red-light clients outside of the Florida clients mentioned above include but are not limited to Norfolk, Virginia Beach, and Falls Church, Virginia; New York City, New York; Baltimore, Baltimore County, and Howard County, Maryland; Washington, D.C.; Clayton County, Georgia; Montgomery, Alabama; Memphis, Tennessee; Baton Rouge and New Orleans, Louisiana; Chandler, Mesa, and Scottsdale, Arizona; Colorado Springs, Colorado; San Francisco, California; and Seattle and Spokane, Washington. The following map includes a listing of our automated enforcement clients for all of our products (only limited by legislation) in North America. 689 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 100 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY 690 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 101 ©2024 Verra Mobility•· Proprietary and Confidential VERRA MOBILITY Tab 8. General Operating Procedures & Guidelines (Management Plan, Operations Plan, Quality Control Plan. Tab 8. GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC .... Include a narrative description and/or organizational chart outlining the methods of operation, operational structure, and services to be provided by the Proposer. This description should fully and completely demonstrate the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other pertinent information that will assist the City In evaluating the prop osed method of operation. Verra Mobility provides cutting-edge camera technology and a reliable back-end processing platform to hundreds of clients that process millions of events every year. Our proposed offering to the City Is the latest in the industry, making processes such as citations, billing, appeals, and remittance simple and easy. Our platform has been successful throughout the U.S. Our proposed solution includes new technology that provides enhanced back-office capabilities beyond solely the violation for a true end -to-end solution. Most critically, we provide the experience of our staff, a local presence, and an account management team that is set up to build, main tain, and support the program through all phases. For your program, multiple key staff have been assigned, including Director of Account Management Orlando Torres - who brings 18 years of automated enforcement experience - and Senior Account Manager Placido Diaz, a seasoned law enforcement professional and former head chief of police for The City of Sweetwater, Florida. This experience provides us with a unique understanding of your traffic needs and the value of the program for investigative purposes, allowing our team to proactively address issues. This also allows us to maximize law enforcement capabilities by delivering force multiplier solutions. In addition, we use local partners that add additional support to our prog rams throughout Florida. Both Orlando and Placido have vast experience in Florida, are bilingual, and are local experts who will engage with the City to provide immediate, in-person support. They also both bring expertise in multiple types of safety product solutions. Our team offers a local presence and an understanding of your environment gained through over 40 years of 691 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 102 ©2024 Verra Mobility· Proprietary and Confidential VERRA MOBILITY experience In Florida. This experience ensures the highest level of understanding, communication, and accountability for the program. The pairing of our technology, processes, and personnel allows us to offer a true end-to-end solution to the City of Tampa, complete with features such as robust reporting and information systems, all with organized, auditable, and easily accessed functionality - providing the simplest proven solution to address and change dangerous driver behavior in the City. Here at Verra Mobility, customer satisf action is our primary focus. We understand that implementation of programs such as this can be demanding and somewhat interruptive for your staff while we work through the implementation. If we are fortunate to have you as a valued partner, we will carefully take the steps needed in partnership to align quickly and plan together to define what success looks like for your team and program. As a leading nationwide provider of safety prog rams, you can be assured that we have a well thought out process and a team that will be dedicated to supporting your implementation. We will partner with you and provide a traditional project management structure to ensure we are always aligned and working to achieve or exceed expectations. The following outlines our proposed project approach and the major milestones that Verra Mobility will achieve to get your program up and running with our speed safety camera solution. We will work closely with the City and other agencies, as needed, to: • Review and finalize the project plan, • Establish the business rules for the speed safety camera programs, • Review and finalize the camera sites, • Establish the rules for the red-light and speed safety camera programs; • Develop design plans for these sites to meet local requirements; • Obtain approval on the site plans and acquire permits, • Construction and a configuration of these sites; • Develop and approve the notices and outgoing correspondence for the program, • Develop and execute the City's public awareness campaign for the red-light and speed safety camera program, and • Schedule and conduct the training for City staff, which will be coordinated and held by our Learning & Development Team. 692 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 103 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY Four primary milestones drive our implementation process. While our skilled teams work to set up and solve the intricacies involved in delivering your safety camera program, your insight and collaboration is essential to success. Launch Meeting Milestone # l Define Milestone #2 Build Milestone #3 Go Liver Milestone # 4 Milestone #1 - Launch Meeting Immediately following contract execution, Verra Mobility's Project Manager will schedule an initial project kickoff meeting with key members of our Project Team and key City and police personnel. During this meeting, our team will provide an overview of the project and identify roles and responsibilities of all stakeholders involved in delivering the program. This meeting has two primary areas of focus. The first being Governance Alignment where we will make sure we together are clear on how the program needs to operate to comply with legislative and contractual documents. The second focus will be on project management. Verra Mobility will supply the draft implementation plan and walk client staff though a typical implementation and begin to mature the plan with you input until we reach an agreed delivery schedule. Milestone #2 - Define Defining how a program will operate both with products and services is crucial to a quality and compliant program. We have a two-part requirements-gathering process that we will work together in making sure we are delivering with clarity. 1) Verra Mobility's Business Rules Questionnaire (BRQ) is a live document that allows our clients to provide Verra Mobility with a set of business rules regarding how the program should operate. Similar to an instruction manual, this document outlines the architecture for how the back-end operation work from event capture to notice payment and disposition. It contains the City's guidance as well as the program's governing legislation, the Verra Mobility internal team processes, and the app licable back-office system configurations. The captured business rules also directly allow for a call center script to be defined. Event processing rules (such as exempting vehicle categories such as ambulances and police vehicles) are also defined and proves our internal teams with all instructions for them to follow in such instances. We know the City's workflows are 693 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 104 ©2024 Verra Mobility·· Proprietary and Confidential VERRA MOBILITY unique, and we are prepared to support them by customizing them to fit your specifications. The BRQ focuses on the backend requirements in support of processing rules, document management, adjudication, and fund management to name a few. This Includes defining violation categories that the City has determined exempt (e.g., police, fire, and ambulance vehicles). 2) Our change request questionnaire ( CRQ) focuses on delivering products in full compliance of any state and local engineering and construction standards, ensuring that modifications are properly documented, evaluated, approved, and Implemented in a controlled and systematic manner. Milestone #3 - Build Site Analysis Site Selection For speed safety camera programs, we use a robust site selection process and analysis tool, a unique and proven model that can quickly identify and evaluate an approach that presents a high safety risk for speed accidents. The result of the model can directionally indicate violation potentials at maturity of the site. This data, coupled with Incident historical violation and crash data provided by the client, efficiently and accurately supports the process to pinpoint locations that can benefit the most from our speed safety camera solutions. Site Surveys We will conduct site visits and will document key inputs so that the necessary site plans can be designed. Site Design and Permit Acquisition In addition to utilizing, as needed, highly qualified local vendors and subcontractors for various activities, Verra Mobility has a fully integrated and equipped in-house design and engineering team of surveyors and CAD design technicians under the leadership/supervision of a professional engineer (PE) licensed In multiple states, with a Master's concentration in Transportation Planning and Engineering and 15 years of experience in traffic engineering and transportation planning. The Design and Engineering Team will manage design plans to adhere to local permitting and will collaborate with our in-house construction staff and any applicable construction subcontractors on drawing review, provision of final drawings for the approved sites, and the necessary requirements for submission as prescribed by the City. Camera Site Construction and System Installation Alter the City approves the Intersection/design plans and upon receipt of the required permits, we will begin site construction and system installation. Whereas Verra Mobility will have overall responsibility for the installation of the camera systems, we will work with and oversee any applicable electric or construction subcontractors to construct the camera sites. 694 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 105 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY Our recommended transition approach will minimize construction needed at the existing sites. For context, Verra Mobility has transitioned existing programs In the United States including Virginia Beach and Norfolk, Virginia; Washington, D.C.; Chandler, Mesa and Scottsdale, Arizona; Baltimore County, Annapolis and Frederick, Maryland; Boulder, Colorado; San Francisco, California; and many others. Together, Verra Mobility and Its subcontractors will ensure safe and continuous traffic flow during all phases of installation. Deployment and Testing During this phase, Verra Mobility tests each camera system, and validates all violation detection and image capture process and protocols prior to the system "go -live" date. Testing includes all hardware, software and service components to help ensure a maximum number of violations are captured and to reduce false triggers and image degradation issues. Backend Setup Verra Mobility will obtain the list of the City's authorized personnel who will need access to the back-office system. We will also add your program to our processing system, which will conform to the City's speed safety program business rules. We will work with the City on the creation and approval of all notices and correspondence that will be used for the City's program. The back-end development will be completed while the site work is being completed. Milestone #4 - Go Live The final Go Live stage is focused on outreach and training. Verra Mobility will work with the City's marketing or outreach team to make sure citizens are educated and aware of the benefits of the program. We will collaborate and support with content creation and delivery in support of a successful program launch. The final step is staff training from our Learning and Development team. This step is crucial to making sure City staff and partners in the program have a complete understanding of the process and tools to enable them to be successful. Training is designed to deliver content that is specific and relevant to the program that the City will operate. This may include facilitator-led training sessions that occur face-to-face or through distance learning. Each training course will be accompanied with training materials on the topic or function being trained. As the project evolves, a member of the Training Team will consult with the Verra Mobility Account Manager and the City's Program Manager to determine the timing of training, class sizes, delivery method and resources needed. Management Overview Verra Mobility will interface and collaborate with the City of Tampa and third parties effectively by adhering to an approved Project Management Plan (PMP) developed using Industry best practices, such as those found in Project Management Body of Knowledge (PMBOK® Gulde). We will also develop project controls consistent with industry best practices. These controls will be documented in our PMP and include, but not be limited to, the following: 695 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 106 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP#Gl1122923 .,. Project Manager - to support the full project, as well as a team of subject matter experts (SMEs) to provide additional support to the program design, implementation, and ongoing program change management. > Electronic Document Management - to ensure a consistent file naming convention, secure file and data storage and archiving, file version control, as well as provide a central electronic location for the City of Tampa and stakeholders to access draft and final documents. > Schedule Management - The City of Tampa and Verra Mobility will negotiate a final baseline project schedule utilizing Microsoft Project. The project schedule will be managed and updated bi-weekly (every two weeks) or at agreed upon cadence to meet the need of the project. The project schedule will illustrate the critical path and show progress from the approved baseline for each of the designated deployments and elements contained within for the duration of the contract and decommissioning of the program. At each stage of delivery, we will manage and work with the City of Tampa to establish the appropriate working groups and authorities for approvals and acceptance of solutions. These milestones of acceptance will build into the delivery plan with appropriate success criteria as determined by the City. This approach will be utilized throughout the design, build, and delivery of solutions for the implementation of the program. Quality Control Verra Mobility will establish and implement a Quality Control (QC) system as part of our Quality Management Plan (QMP) to assure that the work quality meets or exceeds the contract requirements. The QMP will provide a comprehensive description of the planning, monitoring, and reporting program that we will Implement to ensure and document the quality of our work and will be submitted as part of our overall PMP. We will engage QC staff, who are independent of production staff, to fulfill the requirements of this contract. QC involves responsibilities of both Verra Mobility and the City to ensure that goals for project quality will be met. This is especially critical during the equipment testing and calibration, operation of the equipment, license plate data acquisition, accuracy in mailing of notices, and exchange of data with critical systems maintained by other state agencies. We view Quality Control as separate and distinct from Quality Assurance In the following ways: .> QC is the inspection phase of quality assurance. It is a series of test procedures used to verify that a product is safe and effective after mass production . ., QC is reactive and exists to identify defects in the quality of products after they have happened. > QC Involves the testing of products to ensure they meet standards for safety and efficacy. If QC testing uncovers quality issues, it will result in reactive steps to prevent an unsafe product from being shipped and distributed. 696 City of Tampa Automated Speed Detection for School Zone Safety Enforcement MOBILITY ©2024 Verra Mobility· Proprietary and Confidential RFP#611122923 ,. QC is product-oriented and focused on identifying quality issues in manufactured products that could affect customer satisfaction. > QC involves verification of products post-manufacture and before distribution. :.. QC is generally the responsibility of certain personnel within the organization whose duties include following Standard Operating Procedures (SOP) for product testing. QC staff follow SOPs for quality control and document their findings based on standardized procedures for product testing and process validation. � QC efforts are also be focused on parts used to create the final product, such as raw materials from a supplier. Quality Organization and Personnel Verra Mobility will take the lead role in ensuring the quality of the work meets or exceeds the contract requirements. This lead role is a core principle of our daily operations and overall approach to our projects. We will furnish all QC staff, facilities, and resources necessary to fulfill the requirements of the contract. Our QC staff will be adequate for the size and complexity of the project to ensure that the compliance of the work can be proven through QC documentation and testing results. A complete description of the organization and personnel that will be used to ensure QC will be delineated in our QMP. Quality Interface Approach Verra Mobility has a proven approach to quality interface between design development and implementing, operating, and maintaining our systems. We will ensure the school speed camera program is functioning in conformance with contract requirements without the need for the City's intervention. We will develop, implement, and maintain a comprehensive quality monitoring program {QMP) tailored to the complexity and scope of the work. The QMP will describe all QC procedures of all parties involved (Verra Mobility, subcontractors, producers, fabricators, manufacturers, etc.) with the design and implementation of the program. Successful QC will be a condition of the acceptance of the work. QC procedures may include: > Batch inspection > Product sampling ;:.. Validation testing > Laboratory testing > Software testing Quality Control Personnel Roles and Responsibilities The QC function maintains independence from individual project functions by possessing a direct reporting relationship to the Quality Control Administrator (QCA). This structure protects the independence and objectivity of QC personnel and provides assurance of high y VERRA Page 107 697 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#Gl1122923 quality, professional products and services. The QCA will be responsible for the development of the final QMP that will be used to identify roles and responsibilities. The role of the QC personnel is to assist the technical staff In continuously improving the quality of work products and services. The QCA is responsible for facilitating the establishment of the processes and procedures that project team members follow as they perform their day-to-day activities. The QCA will perform periodic inspections and audits to ensure compliance with established policies and procedures. QC personnel will be involved throughout the life of the project. To ensure that QC activities are identified and that time is allotted for QC activities, funding for the QC will be planned for in the task hours of the final project schedule and Included in the cost structure for the project. Design Management Integrating Design Development with Procurement and Deployment Activities Verra Mobility will be responsible for designing, Implementing, operating, and maintaining the program. We will be responsible for completing the preliminary design, final design, development, land testing, as well as operations and maintenance work. We will develop the necessary design documents to include but not limited to: 1. Preliminary Design Document 2. Detailed Design Document 3. Requirements Traceability Matrix 4. Data Schema and Dictionary 5. Reports 6. Test Plans Our design management process integrates the design development with the procurement and deployment activities. VERRA MOBILITY Page 108 ©2024 Verra Mobility� 1 Proprietary and Confidential 698 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Tab 9. Sub-Contracting Submittals. "Tab 9. Sub-Contracting Submittals. No Successful Proposer shall assign the contract or any rights or obligations thereunder without the written consent of the City. The Successful Proposer shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless prior written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms: • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 These forms must be completed (including signatures) and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed "non-responsive". Instructions on completing the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer." While most of our services are performed by our in-house team of skilled professionals, we occasionally engage contractors to ensure localized support and expertise for specific projects. Rest assured that Verra Mobility maintains strict quality control measures and oversight to guarantee that all work, whether conducted in -house or by our subcontractor partners, meets our high standards of excellence and professionalism. VERRA MOBILITY Page 109 ©2024 Verra Mobility� Proprietary and Confidential 699 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 110 ©2024 Verra Mobility� I Proprietary and Confidential VERRA MOBILITY The names of each of our subcontractors7 is included in the table below, followed by a full description of each firm. 7 Please note that the subcontractors we have listed in our proposal are based on area of expertise, experience, and availability at the time of submittal of our proposal. In the event Verra Mobility enters into an agreement with the City for the program described in our proposal, if there are changes to the subcontractors listed, Verra Mobility will comply with the contractual requirements related to changing subcontractors. 700 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 111 ©2024 Verra Mobility� I Proprietary and Confidential VERRA MOBILITY RFP#Gl1122923 701 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 112 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY 702 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 ""�,. y A VERRA .a�.,.-, MOBILITY Page 113 ©2024 Verra Mobility� I Proprietary and Confidential 703 SECTION IV. SUB-CONTRACTING FORMS AND PAYMENT FORM 43 � Failure to Complete, Sign and Submit Both Forms 10 &, 20 SHALL render the Proposal Non-Responsive Page 1 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, BFP #61122923 Company Name:American TrafficSolutions, Inc. dba Verra Mobillty Address: 1150N Alma se11001Road Mesa, Arizona 85201 Federal ID: 48-1114931 Phone: 480.443.7000 Fax: 480.596.4501 Email: Placido.Diaz@verramobility.com Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Finns were contacted or solicited for this contract. [ ] No Firms were contacted because: _ [x] See attached list of additional Firms solicited and all supplemental information (list must comply to this form) Note; Form MBD-10must list ALLsubcontractors solicited including Non-minoritv/smanbusinesses NIGP Code categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier= 912-77 s = SLBE W=WMBE 0 = Neither Type of Ownership (F=Female M=Male) Trade or Services Contact Quote Federal ID Company Name Address Phone, Fax, Email BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native NIGP Code (listed Method L=Letter F=Fax E=Email P=Phone or Response Received Y/N It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub-contracting opportunities on this contract. Signed: � Name{ntle: .. Date: 411112024 'failure toComplete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Respo-n-si_v e Forms must be included with Proposal MBD 10 rev,/effective 02/2016 704 SECTION IV, SUB-CONTRACTING FORMS AND PAYMENT FORM 43 � Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 1 of 4- DMI Solicited/Utilized Schedules City of Tampa - Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers} (FORM MBD-10) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name;AmericanTraffic Solutions, Inc dba Verra Mobfltty Address: 11so N Alma Sehool RoadMesa,Arizona 85201 Federal ID: 48-1114931 Phone: 480.443.1000 Fax: 480.596.4501 Email: P1acido0iaz@vemmobi11tv.com Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [x] See attached list of additional Firms solicited and all supplemental information (List must comply to this form} Note; form MBD-10 must list ALL subcontractors solicited including Non-minority/smallbusinesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier= 912-77 S = SLBE W=WMBE 0 = Neither Federal ID Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM= Asian Am. NF NM Native Am. Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received Y/N It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub-contracting opportunities on this contract. Signed: � Name[ntle: ,. Date: 411112024 'Failure toComplete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal MBD 10 rev,/effective 02/2016 ------------------------- Nof_M 0d 1_ 1 705 44 Page 2 of 4 - DMI Solicited/Utilized Instructions for completing The Sub-{Contractors/Consultants/ Suppliers) Solicited Form (Form MBD-10) This form must be submitted with all proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. • Contract No. This is the number assigned by the City of Tampa for the proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. Toe physical address of your business. • Federal ID. AN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Firms were contacted or solicited for this contract. Checking the box indicates that a pre-determined Subcontract Goal or Participation Plan Requirement was not set by the City resulting in your business not using subcontractors and will self-perform all work. If during the performance of the contract you employ subcontractors, the City must pre-approve subcontractors. Use of the"Sub-(Contractors/Consultants/Suppliers)Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: Certified SLBEor WMBEfirms bidding as Primes are not exempt from outreach and solicitation of subcontractors. • No Firms were contacted because. Provide brief explanation why no firms were contacted or solicited. • See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentationrelating to the form. All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form- 10 included. Toe following instructions are for information of any and all subcontractors solicited. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as either Women/Minority Business Enterprise; "O" = Non-certified others. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification and payment of the contractor/subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials indicate the trade, service, or materials provided by the subcontractor. NIGP codes aka "National Institute of Governmental Purchasing" are listed at top section of document. • Contact Method L=letter, F=fax, E=Email, P=Phone. Indicate with letter the method(s) of soliciting for bid. • Quote or Resp. (response) Rec'd (received) Y/N. Indicate "Y" Yes if you received a quotation or if you received a response to your solicitation. Indicate "N" No if you received no response to your solicitation from the subcontractor. Must keep records: log, ledger, documentation, etc. that can validate/verify. For additional information visit the Equal Business Opportunity Office website at www.tampaqov.net/ebo 706 Forms must be included with Proposal. MBD20 rev./effective 02/2016 45 Enter·s•for f.-ms Certified as Small Local Business Ente ·ses ·w· for firms Certified as w •o•for Other Non-Certified ship Male) n Am. panic Am. e Am. sian ra e, $ Amount or of Quote. Materials Letter of Listed above available Percent of Scope or Contract % r:2:.... Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 3 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of All To-Be-UtilizedSub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name:American Traffic Solutions, Inc dba Verra Mobility Address: 1150 North Alma School Road Mesa, Arizona 85201 Federal ID: 48-1114931 Phone: 480.443.7000 Fax: 480.596.4501 Email: Placldo.Diaz@verramobllttycom Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ x] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To-Be-Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: _ N!GP Code General Categories: Buildings= 909, General= 912, Heavy= 913, Trades= 914, Architects= 906, Engineers & Surveyors= 925, Supplier= 912-n S=SLBE W=WMBE O=Neither Company Name Address Phone, Fax, Email Type of Owner (F=Female M= BF BM = Africa HF HM = His Am. AF AM = Asian NF NM= Nativ CFCM = cauca Federal ID It is hereby certified that the following Information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. JonaUian Baldwin Signed: Name/Title: Executive vicePresident, Government Solutions Date: 4/11/2024 'Faiiuie to Complete, Sjqn and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive 707 � Forms must be included with Proposal. MBD20 rev./effective 02/2016 45 £' Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 3 of 4- DMISolicited/Utilized Schedules City of Tampa - Schedule of All To-Be-Utilized Sub-(Contractors/Consultants/Suppliers) (FORM HBD-20) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT. RFP #61122923 Company Name: American Traffic Solutions, Inc. dba Verra Mobility Address: 1150 N Alma School Road Mesa, Arizona 85201 Federal ID: 48-1114931 Phone:480.443.7000 Fax: 480.596.4501 Email: Placido.Diaz@verramobility.com Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [x] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractorsTo-Be-Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General= 912, Heavy= 913, Trades= 914, Architects= 906, Engineers & Surveyors= 925, Supplier= 912-77 Enter"S- for frms Certified as Small Local Business Ente 'ses •w· for ftnns Certifiedas Worn Minori Business Ent • ·o· for Other Non-Certified It is hereby certified that the following information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. Signed: Name/Title: ., Date: 411112024 S=SLBE O=Neither Federal ID Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CFCM = Caucasian Trade, Services, $ Amount or of Quote. Materials Letter of NIGPCode Listed above (LOI) if available of Scope or Contract % 708 � Forms must be included with Proposal. MBD20 rev./effective 02/2016 45 Failure to complete, Sign and submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive 709 � 46 Page 4 of 4 DMI - Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) to be Utilized Form (Form MBD-20) This form must be submitted with all bids or proposals. AUsubcontractorsrreoardless of ownership or size) protected to be utlllzed must be lnduded on this form. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. Toe name of your business and/or doing business as (dba) if applicable. • Address. Toe physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Subcontracting/consulting {of any kind) will be performed on this contract. Checking box indicates your business will not use subcontractors when no Subcontract Goal or Participation Plan Requirement was set by the City but will self-perform all work. When subcontractors are utilized during the performance of the contract, the "Sub-(Contractors/Consultants/Suppllers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors, including completion and submitting Form-10 and Form-20. • No Firms listed To-Be-Utilized. Check box; provide brief explanation why no firms were retained when a goal or participation plan requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach (GFECP) requirements applies (MBD Form-SO) and supporting documentation must accompany the bid. • See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental Information/documentation relating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these instructions. Toe following instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper Identification of the subcontractor. • "S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or "W" for firms Certified by the City as Women/Minority Business Enterprise; "O" = Non-certified others. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at http:/www.tampaqov.net/mbd"Information Resources". • Amount of Quote, Letters of Intent (required for both SLBEs and WMBEs). • Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only (i.e., Consultant A/E Services) you must indicate subcontracts as percent of total scope/contract. • Total Subcontract/Supplier Utilization. - Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). • Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Total WMBE Utilization. Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization. Total amount allocated to WMBEs divided by the total bid/proposal amount. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 710 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Tab 10. Compensation. Please note that all compensation/pricing information has uploaded separately to the "Cost Proposal" portion of the City's GetAII platform in accordance with RFP instructions (Section 14.2). ab 11. Proposer's Affidavit. Please note our completed Proposer Affidavit has been uploaded separately to the "Solicitation Submittal(s)" portion of the City's GetAII platform in accordance with RFP instructions (Section 14.2). Tab 12. Proposal Signature Form. Please note our completed Proposer Signature Form has been completed and uploaded separately to the "Solicitation Submittal(s)" portion of the City's GetAII platform in accordance with RFP instructions (Section 14.2). Tab 13. Documentation. Please note our Documentation for Tab 13 Proposer's Criminal History Screening Practices has been completed and uploaded separately to the "Solicitation Submlttal(s)" portion of the City's GetAII platform in accordance with RFP instructions (Section 14.2). Tab 14. Exceptions to RFP. Please note that our Exceptions to the RFPhas been uploaded as a part of the "Solicitation Submittal" portion of the City's GetAII platform. VERRA MOBILITY ©2024 Verra Mobility� Page 114 Proprietary and Confidential 711 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Appendices Appendix 1 - Example School Zone Speed Study The study is included on the following pages. .,""'t- A VERRA -& �? MOBILITY Page 115 ©2024 Verra Mobility� Proprietary and Confidential v 712 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 .. "�t- y A -t� '7 -t Page 116 ©2024 Verra MobilityM Proprietary and Confidential VERRA MOBILITY 713 City of Tampa Automated Speed Detection for School Zone Safety Enforcement &,"� y .a�? Page 117 ©2024 Verra Mobility� I Proprietary and Confidential A VERRA "f MOBILITY RFP#Gl1122923 714 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 VERRA MOBILITY ©2024 Verra Mobility� Page 118 Proprietary and Confidential 715 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 VERRA MOBILITY Page 119 ©2024 Verra MobilityMI Proprietary and Confidential 716 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#Gl 1122923 v""�A" VERRA Page 120 .a� ,.1 MOBILITY ©2024 Verra Mobility� I Proprietary and Confidential 717 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 VERRA MOBILITY ©2024 Verra Mobility� Page 121 Proprietary and Confidential 718 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 VERRA A MOBILITY Page 122 ©2024 Verra Mobility� I Proprietary and Confidential 719 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#Gl1122923 ,.,�.. y " VERRA .a� .,1. MOBILITY Page 123 ©2024 Verra Mobility� I Proprietary and Confidential 720 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 124 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY 721 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 125 ©2024 Verra MobilityM Proprietary and Confidential VERRA MOBILITY 722 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 .a� '7" MOBILITY ©2024 Verra Mobility� Proprietary and Confidential .."�.. y A VERRA Page 126 723 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 127 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY 724 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 128 ©2024 Verra Mobility�I Proprietary and Confidential VERRA MOBILITY 725 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 129 ©2024 Verra Mobility'" Proprietary and Confidential VERRA MOBILITY 726 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 130 ©2024 Verra Mobility� I Proprietary and Confidential v ,. VERRA .a�.,.1 MOBILITY .,,�.. 727 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#Gl1122923 v ""'� .A. VERRA Page 131 .a��. MOBILITY ©2024 Verra Mobility� Proprietary and Confidential 728 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 -4 l> ? MOBILITY ©2024 Verra Mobility- Proprietary and Confidential 1 ...4.�" v A VERRA Page 132 729 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 MOBILITY ©2024 Verra Mobility� I Proprietary and Confidential VERRA Page 133 730 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 ©2024 Verra Mobility�I Proprietary and Confidential -1� ,. -, MOBILITY .."�... v ,. VERRA Page 134 731 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 135 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY 732 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 136 ©2024 Verra Mobility� Proprietary and Confidential VERRA MOBILITY RFP#61l 122923 733 City of Tampa Automated Speed Detection for School Zone Safety Enforcement Page 137 ©2024 Verra Mobility- Proprietary and Confidential VERRA MOBILITY RFP#Gl1122923 734 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 A VERRA .a�.,-, MOBILITY ©2024 Verra Mobility� Proprietary and Confidential ",t. <e' .. v Page 138 735 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 .. 4. � ... v A VERRA .a.,�. -t MOBILITY Page 139 ©2024 Verra Mobility� I Proprietary and Confidential 736 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Appendix 2 - Sample Training Materials VERRA MOBILITY Page 140 ©2024 Verra Mobility- I Proprietary and Confidential 737 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 .,.c.� v A VERRA Page 141 .a.:.,. MOBILITY ©2024 Verra Mobility- I Proprietary and Confidential 738 City of Tampa A VERRA Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 v&, "'�" -&� .,." MOBILITY Page 142 ©2024 Verra Mobility� Proprietary and Confidential 739 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#Gl1122923 Appendix 3 - Accuracy Study/Documentation v "'"�.,.._ VERRA .a.i. .,. .., MOBILITY Page 143 ©2024 Verra Mobility� Proprietary and Confidential 740 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 VERRA MOBILITY Page 144 ©2024 Verra Mobility- I Proprietary and Confidential 741 tlllps //erfp.mtegratise com/ge1alt/purchascrs/sol_repon.s_comments 11Sp?v=S0&s=t 147& 1=i&b=&vcn=l 0802(5/3/2024 2·35 47 PMJ - Gelnll I Procurement & Contracts 6""1" :TALL Powered By Sysofl � l'ielcome • Cit> of Tampa SCAW ■ So!icitatioo ■ Sup View ■ Evaluation • Eva) Vie" ■ Contract Management • Spend Analytics ■ Supplier Perfonnance ■ KE.L..-1:J.eJ.p_■ User Guides�Ylikils Sup.port Solicitation ✓ Evaluation Solicitation: 61122923 - AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, Evaluator Comments Qualifications & Experience of Firm & Staff Criterion: Qualifications and Experience of Finn and Staff VERRA MOBILITY PATRICK MESSMER: No issues noted. BENJAMlN BROWN: This slajf is experiencedwilh people thal have been in lhe business a long time. DEMETRIUS GERMAN : Verra Mobility has previous contracting experience with Tampa and currently supports photo enforcement programs in ten coumies in the State of Florida. Verra Mobility brings decades of experience working with the Florida Deparlment of Transportation and cities to provide and instaJJ the required signagefor our programs. JOSIE RUBIANO: 20 yrs 11 yrs in Florida JAE-SANG LEE: Overall the company has long his101J' and experience. Limited school zone speed detectwn program SAJAN PATEL:·· Criterion: Qualifications and Experience of Finn and Staff REDSPEED PATRICK MESSMER: Many speed detection clients, not many large/Florida clients noted. BENJAMIN BROWN: The company appears to be very experienced with a very large staff. DEMETRIUS GERMAN : RedSpeed has more than l 4yrs of experience in the field with Red light Cameras. Reds peed serves seventy communities withinGeorgia. JOSIE RUBIANO: First in Florida; in GA JAE-SA NG LEE: Overall the company has long hisw,y and experience. Did 1101 provide any school zone speed detection experience. SAJAN PATEL: - Criterion: Qualification s and Experience of Finn and Staff CONDUENT PATRICK MESSMER: lots of litigation. Headline/reputational risk of doing business due to Sun Pass issues. I l.l!oO!ll 742 hur,,/lcrfp mtegr.msc con11gct.1ll/purcho,er>1sol rcpons_commcnl>11spl\=50&s=11-17&1=i&h=&vcn=IOR02[5!3/202-I 2 35 47 l'MJ Getall I l'rocuremt.'nt & Contract� BENJAMIN BROWN: They appear to hai-e limited experience in the business at the munugemenr levels. DEMETRIUS GERMAN : colllract will,!he City of Miami Beuch. Spanning mnre lhan 12 yt•w·s for red ligh1 enforcement. JOSIE RUBIANO: 28 yrs of experience JAE-SANG LEE: OPerall 1h11company has long hisfolJ' and e.xperience. Did 1101 pro1•idl! m�,· school zrme .1peeJ de1ectir111 experience. SAJAN PATEL: - Criterion: Qualifications and Experience of Finn and Staff NOVOAGLOBAL. INC. PATRICK MESSMER: limited Florida dienls and unsure of the experience level o.f the s11ppor1 stcifj' BENJAMIN BROWN: The stqf{is ve1:i•qualtfied with many years in the husiness. They appear 10 be a European hasetl company. DEMETRTUS GERMAN : 75% of 1he employees haw hee11 with the co111pm�1)or over 5 .wars. JOSIE RUBIANO: staj/ has I0-!8yrs in photo enforcemelll JAE-SANG LEE: Overall /he co11111111�)' has long hi.1·1m:11 and experience. limited sdw11I zone speed deteclion program SAJAN PATEL: - Responsiveness to the Scope of Services Criterion: Responsiveness to the Scope of Services YEBBA MOB!LJIY PATRICK MESSMER: Respnmil·e, but added exceptions. BENJAMIN BROWN: Tht')' have responded 10 all 1111es1iuns 11nt!er 1he scope ofservice�. DEMETRIUS GERMAN: ./D radar technology opera/es in all weather conditiom 1111d provides quali�r images and 1·ideo day and night ll'ith 99.9% calibrn1io11 a11d capture accuracy. Our camern will be able to capture images of drirers and passengers. Captured images of the driver or passengers can be blurred, ffre411ested. Hm1·e1•er, our proposed technology has the capahilityfor drh'er images lo he cap111red {( allowed hy slate .�1a1111es. JOSIE RUBIANO: ve,y in depth JAE-SANG LEE: Prodded re 'JIOn�es 10 t.'1·e1y i1e111 i11 the scopl' <?Iscn•ict's SAJAN PATEL: -- Criterion: Responsiveness to the Scope of Services REDSPEED PATRJCK MESSMER: Can lik1.>/y meet 1i111eline. No i.\wes noted. BENJAMIN BROWN: The company appears to hal'e answered all q11eslions regarding 1he scope l!/ serrices. DEMETRJUS GERMAN : ?e1for111s all necessa,J' needed 1es1ing. Provides and installs all signage and equipment. Maimains all 743 hnps·11erfp m1egrause com/ge111lltpurcha�en,/sol rcpons_comments11.<sp''v=,11&s=11.i 7& 1"'!&b=& ven=I 0802[5/3/20::!4 2 35 47 l'M I GeiallI Procurement & Contracts eq11ip111e111. doc11me111aiion. certifications. a11d permissiom. JOSIE RUBIANO: ve1:v in depth JAE-SA NG LEE: Provided general response.�tn the scope. Did not provide responses tv each ilem. SA.JAN PATEL: -- Criterion: Responsiveness to the Scope of Services CONDUENJ PATRICK MESSMER: /60+ day i111ple111e111uticm, key issue since dute in RFP is 8/12. BENJAMIN BROWN: They appear tn have answered all of the question.-,in reference to the scope of sen•ices. Could not meet the time line DEMETRJUS GERMAN: Conduent C{{!irms its qualifications and 1111dersta11ding toji1l�v manage the City's SDS project. Uur proposal also confirms, we will i111ple111e11t Chapter 2023 I74, Laws of Florida a.1· outlined in Section I, Scope of Services. DriveSafe has a number of distinct features such as: bidirectional enforcemem and does not require multiple systems LO be installed, each of the three indep,mdem cameras C(ln ml ate a /111/ 360 degrees as well as pan. tilt. and zoo111 for live viell'i11g ofyour speed :fmes. and surrounding area. JOSlE RUBIANO: in depth JAE-SANG LEE: Provided responses 10 every item in the scope oj serl'ices SAJAN PATEL: - Criteriou: Responsiveness tot.he Scope of Service� NOVOAG LOBAL. INC. PATRICK MESSMER: Likely cannot meet 8/ 12 deadline since their timetable relied upon a 511 execution date. Wants to use existing infras1ructure or work with a suhcontracwr for poles, who has not even been identified. Concerned ahout lack of info 011 their violation processing software(> I minute to load images? Rejections 1101 rel'iew11d by s11pe111isor?) BENJAMIN BROWN: They appear to have cms,\'ered all questions in reference to the scope of services. Time line is ofT DEMETRIUS GERMAN: Standard sys1e111 is capable of capturing at least 1hree pictures per seco11d. JOSIE RUBIANO: seemed like it ll'as velJ' generic; called us HCSO several times JAE-SANG LEE: Did not prcwitle responses 10 each item. SAJAN PATEL: -- Service and Support Criterion: Service and Support VERRA MOBILITY PATRICK MESSMER: No issues 1101e<I. BENJAMIN BROWN: The cc1111pw�11 o.fj'ers support during normal business hours and an 1111to11wted .1:l'stem as well. 744 hnr�1/erfp mtegrause com/getnll/pun::haser:Jsol_rcpom_comment�a:.p?v=50&s=l 147&1=i&b=&ven=I0802[5/3/20'.!-l 2 35 -17 i'MJ Getall IProcurement & Contructs DEMETRIUS GERMAN: Responded to all poi/1/s. Can help to educate the public about the Automared Speed Detection For School Zone Srifet)' E,,iforcement progra111 tmd promote its benefits. Will work with City stakeholders to create a c:ustomiud public mrnreness plan focusing on safety goals and ejfective6· co11111111nicate the life-saving henefits of the scifety camera progrum. JOSIE RUBIANO: web based plarform 2.J hr ITR:c11sto111er srvc cnlr JAE-SANG LEE: Prodded comprehensive sen•ice and support plan. SAJAN PATEL: - Criterion: Service and Support REDSPEED PATRJCK MESSMER: No issues noted. BENJAMIN BROWN: They have a 2./-hour-u-day 11111u111ated c:all center and a 0900-1700 Mon through Fri technical calf center. DEMETRIUS GERMAN: Red<;,peed has rewined Weiss Serota to fight challenges to defend clients if the program is challenged. RedSpeed ,rill pro1•ide u c11s10111ized Public Sen·ice A111101111ce111ent to Help Prepare rhe Co1111111mi(r. JOSIE RUBIANO: 011 par with 1:!l'eryone: offer turn key JAE-SA NG LEE: Provided comprehensire sen·ice and support plan SAJAN PATEL: -- Criterion: Service and Suppo11 CONDUENT PATRICK MESSMER: No issues 1wted. BENJAMIN BROWN: They appear to lw1·e a support and service :.:vstem in place. DEMETRrlJS GERMAN: Does not seem lo be able lo meet timeji-ame. JOSIE RUBIANO: 011 par NOi.mailed next day JAE-SANG LEE: PrMided comprehensive sen•ice und support plan SAJAN PATEL: - Criterion: Service and Support NOVOAGLOBAL, INC. PATRICK MESSMER: No issues noted BENJAMIN BROWN: They offer a Mond,�1'-Friday customer service phone line as well usu 2-117 awomured service. DEMET RIUS GERMAN: All /raining, including refresher c:ourses.fvllow-up training is pro1•ided al 110 additional cost. JOSIE RUBIANO: have Ha)l!k Center. /l'R Pro Center huck office JAE-SANG LEE: Prm•ided comprehensfre service and support plan SAJAN PATEL: -- 745 hnps /l�rfp intcgratise com/ge1n11/purch11Scrs1sol_rcports_commcnts115r,·>,=.50&s:J l-17&1=1&b=&,cn"'l0l!0215/3/2024 2 35 47 PMI Getall IProcurcmrnt & Comm,;ts Suitability of Proposed Equipment Criterion: Suitability of Proposed Equipment VERRA MOBILITY PATRICK MESSMER: Radar 1111d not l/DAR as pre/erred, but solar powered. BENJAMIN BROWN: The proposed equipment appears ro he within the guidelines. DEMETRJUS GERMAN : All of 0111· radar systems use liDAR to enhance precision nnd provide inJepende11t. secondmJ' speed ver[/ication through image processing. leacli11g ro a 99.9% accurcu..:r rme for calibration and rnpture. Se{/-sen•ice video retrieval and live intersection rideo streaming (with optional subscription)'! JOSIE RUBIANO: ./D radar/solar JAE-SANG LEE: Propnsed eq11ipme111is suitable. SAJAN PATEL: -- Criterion: Suitability of Proposed Equipment REDSPEED PATRICK MESSMER: LIDARas rt!que:;ted. but 11<1t solar powered, BENJAMTN BROWN: The equipment appears to be suitable to tl,e need�of the request. DEMETRIUS GERMAN : Rec/Speed provides web-based sojtwarefor the upproval and management of citations, review o,f,ideo and inplll of data. RedSpeetl's camera system is a high-defl11itio11 motion picture camera system that uses on�v irifraredfor lighting (No Flash). JOSIE RUBIANO: LiDar and inteKrt1tion with Flock JAE-SANG LEE: Proposed eq11ip111e111is suiwble SAJAN PATEL: - Criterion: Suitability of Proposed Equipment CONDlJENI PATRICK MESSMER: Rader instead o./ preferred LIDAR. No solar power mmtioned Ability for camera PTZ could be usedfor surveillance (not allowed under statwe) BENJAMIN BROWN: All ufthe equipment appeur., to he within our req11estetlg11idelines. DEMETRIUS GERMAN : During startup, rhe DriveSafe system completes u self-test to verify that the .wiflware and hardware components are working i·orrectly. The system records an image set during the selflest, with the notation ilwt it was produced by the s11cc:essf11I self-test. The jlnsh illumination is 11earl,v invisible to the nuked eye and has an e.i:tremely short d11ra1ion so as not to distract drivers. In the !!vent of an equipment 111ulji111ctio11, rhe issue will he addressed hy n1rr technician.�within the required 24 hour period. ll'ith repairs completed within 72 hours n,f the eve111. JOSIE RUBIANO: 4K video srreams: hidir,·ctionali�1•<icameras JAE-SANG LEE: Proposed equipme/11i_., suiwhle 746 Ge1all I Procurem�m & Contra.·ts SAJAN PATEL: - Criterion: Suitability of Proposed Equipment NOYOAGLOBAL,INC. PATRJCK MESSMER: Radar and 1101 pre/erred LIDAR No mention ofsn/ar (excepl on por1ab/e unifJ. ALPRs oprionul a11d addf extra camera. BENJAMIN BROWN: The offered equipment appears 10 be ut or above the req11ire111e111s. DEMETRIUS GERMAN : enforceme/11sys1e111s are based0111he latest imu�ing 1ech11olof<1· and 1he mos/ advanced mulli-posilional radar in the wnrld. JOSIE RUBlANO: ./D viden, c!ual duppler rudur JAE-SANG LEE: Proposed equipment is suilable SAJAN PATEL: - Proposal cost/ Revenue Sbare Criterion: Proposal cost/ Revenue Share VERRA MOBILITY PATRICK MESSMER: Best o,·era/1cos, proposal BENJAMIN BROWN: The cosL relllm per ci1atio11is second hes, among 1he compe1i1ors ut S 19.20 per citation. They h,n-e zero i·osl for additional ALPRs. for /raffic studies, cmdfnr relocalionlrcmovall reins1<1/la1ion of cameras. DEMETRIUS GERMAN: Cost seems lo be a /iu/e belier O\'era/1comparecl to other 1•e11dors. JOSIE RUBIANO: 32% JAE-SANG LEE: $/9.20 or 32% and no aclditional cost SAJAN PATEL: - Criterion: Proposal cost/ Revenue Share REDSPEED PATRICK MESSMER: Highesl cost share and adcli1ional ALPRs. BENJAMIN BROWN: They are the most expensive al S21.00 per ci1atio11. Additional ALPRs are S3000 extra per year. They do hm•e a zero cost for lra.fjic slltdies and relocatio11/re111ova!lreinslallation DEMETRIUS GERMAN : Seem lo be a /i11/e higher in revenue. Approximalt!�I' 70% marker share in Georgia. JOSIE RUBIANO: 35% JAE-SANG LEE: S21 or 35% and additional cost SAJAN PATEL: -- 747 h1tp,1·//erfp m1cgrn11st- ..:<1m/ge1all/purcha�m/sol_reports_commen1s u.,p'1v=50&s-=l l-17&1=1&h=&ven=IU802l5/3/2024 2.35 -17 PMI GeUlllI Procurement & ContraclS Criterion: Proposal cost/ Revenue Share CONDlJENT PATRICK MESSMER: Loll' rewnue share. but w1k11ow11rnsts fnr new cnns11·11ction um/ high costs/or 1rajfic studies. BENJAMIN BROWN: They have the best price per violation at Y>r.50, l10wever. they have the mnsl casts associated with other items. They charge an additional $2642 for each addi1io11al All'R. they charge$! 200 for a traffic study, and $8000.for reloca1ionlre111nvall ur reinstallatirm of a cc1111era. DEMETRIUS GERMAN : A lot of extra cos/ in addition. Conduem will charge 29.16% (eq11als SI"'.50) of evctJ' S60 dollars paid to the City. JOSIE RUBIANO: 29./6 plus other cost factors JAE-SANG LEE: SI 7.50 or 29.16% and additional cost SAJAN PATEL:- Criterion: Proposal cost/ Revenue Share NOVOAGLOBAL. INC. PATRICK MESSMER: Higlwr cost share and per-l'iolation cvstjor additional ALPRs mther thanffa:ed <:11sts, which co11/d he extremely proh/ematic. BENJAMIN BROWN: They have the third best cost as far as percentage of revenue at $20.00 per citation. Tru/jic studies and relocatio11/removal/reinstallation costs are included. Additional ALPRs are S2.00 per ,·iolation. DEMETRlUS GERMAN : Guarantee a cost newral program, meaning yo11 will never pay nut 1!f'pockel for the program. JOSIE RUBIANO: S20.00 plus 2.50 UTC mailing cost JAE-SANG LEE: $20 or 33.33% and additional co�t SAJAN PATEL:- WMBE/SLBE Participation Criterion: WMBE/SLBE Participation VERRA MQBlUTY PATRICK MESSMER: - BENJAMIN BROWN: -- DEMETRJUSGERMAN:- JOSIE RUBIANO: •• JAE-SANG LEE: -- SAJAN PATEL: EBO score of 3. The Contractor uses 2 Underutilized city-c11rt(fiedjir111sfor meaning/it! tasks as a subcontractor 1111 Form-MBD-20 with the utilization of the contract being --1%. The tasks pe,formed will he staffing and designlengineering. Criterion: WMBE/SLBE Participation 748 htlfl.\ 1/erfp mtc{tmt,sc coril/�ctalllpurcha.,cr..'sol_r�ports_commcnt,, asp·l,=50&s=l l-l7&1=-1&b=-&,cn=tn802l5/Jf.102� 2 35 �7 l'MJ Gciall I Procurement & ContrnclS REDSPEED PATRlCK MESSMER: -- BENJAMJN BROWN: - DEMETRIUS GERMAN: - JOSIE RUBIANO: -- JAE-SANG LEE: -- SAJAN PATEL: £80 score of 0. The Contractor uses 110 city-certified firm meaning/iii lu.rks us a subcontractor on Form-AfBD-20. Criterion: WMBE/SLBE Participation CONDUENT PATRICK MESSMER: -- BENJAMJN BROWN: -- DEMETRrUS GERMAN: -- JOSIE RUBIANO: -- JAE-SANG LEE: -- SAJAN PATEL: EBO score qf'7. 011 Form-AIBD-20, the con1rac10r uses 1 Underutilized City-cert(/iedflrmfbr 111eani11gful tasks as a subcontractor and ulili:es them at a total of 10.89%. The task pe1for111ed will he 10 provide elec1ric distrihution constmction, installation, and 111ainte11ance. Criterion: WMBE/SLBE Participation NOVOAGLOBAL. INC. PATRICK MESSMER: -- BENJAMrN BROWN: -- DEMETRlUSGERMAN:- JOSIE RUBIANO: - JAE-SANG LEE: -- SAJAN PATEL: EBO score of 15. The Colllractor themselws are o dty certified /-/BE.firm. The Contractor will he participating 100% of the contract hased on Farm-MBD-20. The task pe1for111ed will he to proride electric distribution constr11ctio11. installation, and maintenance. 749 Detail by Entity Name 1018124, 9:41AM https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquhytype=EntityName&direclionType=lniUal&searchNameOrder=AMERICA... 1/3 D11/tStON OF COFIPOPATIONS D1n.11J11uf C<J11 �01�r1101 f� ----�---•¾""' IJJJ OJPdlll J/Ult ,:,/ P/i,rlJ/n I J �R@rtment ot State, Poosioo otcoroorat;ons I Search Records I �...folitY..Nrune ' Detail by Entity Name Foreign Profit Corporation AMERICAN TRAFFIC SOLUTIONS, INC. Cross Reference Name AMERICAN TRAFFIC SOLUTIONS, INC. Elling loformatioo Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date f.riru;,ipal Address 1150 N. Alma School Road Mesa, AZ. 85201 F09000000267 48-1114931 01/13/2009 KS ACTIVE DROPPING DBA 02/11/2010 NONE Changed: 04/23/2024 .Mru.l.ing Address 1150 N. Alma School Road Mesa, AZ. 85201 Changed: 04/23/2024 Registered Agent Name & Address C T CORPORATION SYSTEM C/O C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 06/15/2017 Address Changed: 06/15/2017 OfficerlDirector Detail Name & Address 750 Detail by Entity Name 1018124, 9:41AM https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquhytype=EntityName&direclionType=lniUal&searchNameOrder=AMERICA... 1/3 Title President and Chief Executive Officer 751 10/8/24, 9:41 AM Detail by Entity Name https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=AMERICA... 213 Roberts, David 1150 N. Alma School Road Mesa, AZ 85201 Title Director Roberts, David 1150 N. Alma School Road Mesa, AZ 85201 Title Assistant Secretary Young, Kristen 1150 N. Alma School Road Mesa, AZ 85201 Title VP, National Construction Renzi, Christopher 1150 N. Alma School Road Mesa, AZ 85201 Title Assistant Treasurer Koehn, Brian 1150 N. Alma School Road Mesa, AZ 85201 Title Executive Vice President Baldwin, Jonathan 1150 N. Alma School Road Mesa, AZ 85201 Title Chief Financial Officer and Treasurer Conti, Craig 1150 N.Alma School Road Mesa, AZ 85201 Title Director Conti, Craig 1150 N. Alma School Road Mesa, AZ 85201 Title Secretary Avraham, Raphael 752 Detail by Entity Name 10/8/24, 9:41AM https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=AMERICA... 3/3 1150 N. Alma School Road Mesa, AZ. 85201 AnnualReRQm Report Year Filed Date 2022 03/25/2022 2023 02/27/2023 2024 04/23/2024 Document tmag� 0412312024 - ANNUALREPQRT 02/27/2023 - ANNUALREPORT 03125/2022 -ANNUAL REPORT 07119/2021 -AMENDED ANNUAL REPORT 0112212021 -ANNUAL REPORT J0/1312020 -AMENDED ANNUALREPORT 05129/2020 -ANNUAL REPORT 04/0SaQ19 -ANNUALREPQRT os11s12018 -ANNUAL REPORT osos12012 Reg.��e 04124/2012 - ANNUALREPORT 02/23/2016 -ANNUAL REPORT 03/2312015 - ANNUALREPORT 03/04/2014 ANNUALREPORT 03/25/2013 -ANNUALREPORT 03116/2012 ANNUAL REPORT 03/14/2012 - Rea A�e 03/23/2011 -ANNUAL REPQRT 04/2612010 -ANNUAL REPORT 0211112010 - DropR!llgAlternate Name o1,13/2009 - Fore1go...P.rolil View ,mage ,n PDF format J View image ,n PDF format I View image onPDF format I View image onPDF format J View image ,n PDF format J View Image ,n PDF format J View image on PDF format View image ,n PDF format View image on PDF format View Image on PDF format View Image on PDF format View Image on PDF format View image ,n PDF format View Image ,n PDF format I View image ,n PDF format I View image ,n PDF format I View image onPDF format J View image onPDF format J View image in PDF format I ViewImage in PDF format I ViewImage In PDF format I 753 EXHIBIT C OTICE TO PROCEED Rdcrcncl' 1s made lO 1hc Pmfcs�mnal Services Agreement by and between \mcncan Traffic Solucions, Inc., dnsng business as \'crra l\lobility ("\'erra l\lobtlity'') and ("Customer''), dated as of [datel (the ".\grcemenr"). CapiraJizeJ terms used in this Notice to Proceed shall hm-c the meaning gin:n to such term in rhe .1\greement. Customer hereby designates this implemenracion of �ysrcms at 1he.\pprnaches listed bdo,,. \ errn l\lobili1� shall make its best efforts to install a�ystem within sixty (60) cla�•s of pcrmits being granted and power deliwn:d for each agreed-upon .\ppruach, prm-iding rha1 Customer has received permission for all implementations in wriung from any third-party sources. Below is a list of. \pproaches prm·ided by Customer, whjch haYe been anaJyzt:d b:ist·d on traffic \·olumes, roaJ geometry. and existing infrasrrncmrc and arc believed tn be locations ar wh1ch a Sysrem \\·mild mcrcasc public safer�·. 1�xecutiun of this Notice to Proceed b�· Cusromcr shall scn-c as aurhorizarinn for the installation of Systems for all .\pprnachcs designated as follows: ,\pproach (Direction and Roadwar} Type of Enforcement Camera s,,stem Solution (# of Cameras p�r.\tmroach) CnsmmCJ undersrands that implemcnratiun and installation of anv \pproach 1s snbiect to Site Sclecuon \rn1lysis and engineering results. Custumcr recognizes the subsranoal upfront cnst5 \'crrn Mobility will incur 10 consrnicL and install the System$ for the above listed _'\pproachcs. Customer agrees that the Systems authorized by this Notice to Procccd for the aboYc -lisrcd . \pproaches shall remain installed and npcrational for the dmation of the current term of the \grei:ment. \'erra Mobility reserves the right 10 bill Customer for an�• upfront costs assncia1c·d with the . \ pproaches listed abm·c in the event Customer elects to cancel or suspcn<lthe 111sraUacion. IN \'\lTNESS \'\1--l EREOF. Customer has executed this Notice to Proceed as t)f the date written below. !CL'STOi\llilll Bv: l amc: Title: Date ACKNOWLEDGED AND AGREED TO BY: .\J\[UUC.\N Tll,\FFIC SOJ.L1TIONS, INC By: amc: Title: Date 754 Page 3of5 EXHIBIT D Dl\lIV SERVJCES SUBSCRIBER AUTHORIZATION DATE: Frank L Min.ice, Executive Director/CEO National Law Enforcement Telecommunications System, Inc. (NLETS) 1918 \X'. Whispering \X1ind Drive Phocni..'i, AZ 85085 Dear Mr. t-.1inicc: Re: Authorization for ORI Code: The Police Department authorizes the C11:y of , Florida to use the Police Department ORTfor rhe limited purpose of obtaining vehicle registration information through NLETS. This letter acknowledges that a contract to perform automated enforcement between 1he City of ,, Florida and American Trnffic Solutions, Inc., is in force. As a requirement of and in perfonnancc of Lhat contract between the City of , Florida and American Traffic Solutions, Inc., it will be necessary for American Traffic Solutions, Inc. to access Nlers for motor vehicle data on our agency's behalf. � 171is program will operate within the enviromnent under partner ORI , Please accept this letter as authorization from the Police Department for American Traffic Solutions, Inc. to run mot0r vehicle inquires for tbis purpose. This authorization will automatically expire upon the termination of rhe contract between the City of ---------------- �· Florida and American Traffic Solutions, Inc. and such authorization is limited to violations detected by the automated enforcement camera systems. By completing the information below anJ signing this letter, I am stating that I am a member of and have the authority to extend this authorization on behalf of the Police Deparoneat. SUBSCRIBER INFORMATION Subscriber Agency/Name Nlets Agency OR1 Name/Title of Authorized Representative Mailing Address Telephone Email Signature of Authorized Fax Representative Date Signed 755 Page 4 of 5 ..,._.,,.,- . • . Verta-- • - .. .,........ Violation lmage: an image of a Violation issued as a Citation. Individually Identifiable V1olation Records: a record containing individually identifiable information pertaining to a Violation issued as a Citation. Non-Violation lmage:an image of an Event not issued as a Citation. Individually Identifiable Non-Violation Records: a record conta.i.ni.ng .u1dividuaUy identifiable infom1atioo pertaining to ao Event oot issued as a Citation. Reteorioo period is not applicable upon teani.nation of the r\greement and the data is provided to Customer pursuant to Section 15 of the Agreement This records retention schedule does not apply to any Event data captured by the Camera System, but not uploaded into BOS. For the avoidance of doubt, this records retention schedule does not apply to any records related to any Pilot Data Violation Images* (including video clips and related metadata) _ months from payment or final adjudication Non-Violation Images (including video clips and relared metadaca)** _ days from E,·ent capture date \X'aming Notice Images (including video clips aod related meradaca) -- from issuance date Individually Identifiable Violation Records• months from payment or final adjudication Individually Identifiable Non-Violation Records** days from Event capnue date Audio recording from contact center 90 days from call \X'ritten correspondence wirh citizens regarding Violations 1 year from date of correspondence Camera System Calibration/Certification Records _ months from payment or final adjudication of an applicable Violation Maintenance Records _ months from payment or final adjudication of an applicable Violation Other Prol!ram Records years from rermination of the Agreement 756 Page 5 of 5 EXHIBIT F FORM PARTICIPANT AGREEMENT, SUBMERCHANT AGREEMENT, AND PAYMENT PROCESSING APPLICATION 757 AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAW In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below ("Entity"}, hereby attests under penalty of perjury that: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". American Traffic Solutions, Inc.. doing business as Verra Mobility NAME OF BUSINESS ENTITY Jon Baldwin, Executive Vice President - Government Solutions TITLE 10/24/2024 DATE 758 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 1 of 14 ORDINANCE NO. 25-016 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 3 15 “OFFENSES-MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 4 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING 5 NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR 6 CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Part II “Code of Ordinances,” Chapter 15 “Offenses-Miscellaneous,” Article 10 I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of Ordinances currently regulate 11 noise and sound emissions within the City; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be 13 in the best interest of the citizens and residents of the City to update its regulations regarding 14 noise and sound emissions to include construction noise regulations near residential zones; 15 and 16 WHEREAS, the City Commission desires to repeal and replace the existing Sections 15-17 8 through 15-8.7 with updated and more comprehensive regulations; and 18 WHEREAS, the City Commission finds the amendment of Chapter 15 “Offenses-19 Miscellaneous,” Article I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of 20 Ordinances is in the best interest of the citizens and residents of the City of Boynton Beach. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby incorporated herein and made a part hereof. 25 Section 2. That Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 26 15-8 through 15-8.7 of the City’s Code of Ordinances is hereby repealed in its entirety and 27 replaced with the following language: 28 759 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 2 of 14 29 Sec. 15-8. Purpose and scope. 30 It is the purpose of sections 15-8 through 15-8.7 to prevent, prohibit, and provide for the 31 abatement of excessive and unnecessary noise which may injure the health or welfare or 32 degrade the quality of life of the visitors, citizens, and residents of the City of Boynton Beach. 33 This section shall apply to the control of all sound and noise originating within the limits of this 34 jurisdiction. It is further the intent of this chapter to recognize that factors such as the time of 35 day, location (e.g., proximity to residences), necessity of public projects for the public good, 36 and necessity of sound and noise incidental to allowed uses and activities must be considered 37 in balancing the protection of public peace and individual freedoms. 38 39 Sec. 15-8.1. Definitions. 40 All terminology used in this section shall be as defined herein or, if not defined, given plain 41 meaning by reference to a standard dictionary definition. When interpretation is required by 42 reference to a source more definitive than this code or a dictionary, reference shall first be 43 made to publications of the American National Standards Institute (ANSI): 44 Adjacent. Any receiving property separated by a street, alley, canal, and/or easement that is 45 touched by a line drawn perpendicular from any portion of the property generating the sound. 46 Construction. Any site preparation, assembly, erection, substantial repair, demolition, 47 alteration, or similar action, for or on public or private right-of-way, structures, utilities, or 48 similar property, excluding well pointing. 49 Emergency work. Any work necessary to restore property to a safe condition following a 50 natural disaster or emergency event, work to restore public utilities, or work required to protect 51 person or property from an imminent exposure to danger. 52 760 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 3 of 14 Enforcement officer. Those employees or other agents of the City, designated by ordinance, 53 or duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. 54 This definition shall include, but not be limited to, law enforcement police officers and code 55 enforcement officers. 56 Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. 57 Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, 58 Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day, or any other 59 legally recognized federal holiday. 60 Noise-sensitive zone. Existing quiet zones until designated otherwise by a competent 61 authority. Noise-sensitive zones include but are not limited to operations of schools, libraries 62 open to the public, courthouses, churches, synagogues, mosques, hospitals, and nursing 63 homes. 64 Plainly audible. A sound capable of being heard by a human being without the assistance of 65 a mechanical or electronic listening or amplifying device. 66 Property line. An imaginary line along the surface and its vertical plane extension that 67 separates the real property owned, rented, or leased by one person from that owned, rented, 68 or leased by another person, excluding intra-building real property divisions. 69 Quiet hours. The time periods during which enhanced noise restrictions apply: 70  Weekdays (Sunday night through Thursday night): 10:00 p.m. to 7:00 a.m.; and 71  Weekends (Friday night and Saturday night): 11:00 p.m. to 8:00 a.m. 72 Receiving property. The land receiving noise or sound as designated by the City zoning map 73 (and for recently incorporated areas, the effective zoning category). 74 Residence. Any occupied room or rooms connected together containing sleeping facilities, 75 including single and multiple-family homes, townhomes, apartments, condominium units, and 76 hotel and motel rooms. 77 761 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 4 of 14 Sound disturbance. Any sound or noise which is: 78 (1) Plainly audible beyond a distance of twenty-five (25) feet from the apparent property 79 line from which the sound emanates, in a single residential zoning district, or 80 (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates 81 or is plainly audible twenty-five (25) feet from the apparent property line from which 82 the sound emanates, in multi-family residential zoning districts. 83 (3) Plainly audible beyond a distance of one hundred (100) feet from the apparent 84 property line from which the sound emanates when the sound emanates in a 85 commercial zoning district and is heard in a residential zoning district. 86 (4) Plainly audible beyond a distance of one hundred (100) feet from the apparent 87 property line from which the sound emanates when the sound emanates in a public 88 use zoning district and is heard in a residential zoning district. 89 For the purpose of enforcement, it is not necessary to identify the property line as would be 90 depicted on a survey; instead, an approximation of the property line may be used, taking into 91 consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground 92 treatment. 93 94 Sec. 15-8.2. Enforcement. 95 If a complaint is received for violations of this article, an enforcement officer shall investigate 96 to determine if a violation exists. If the enforcement officer observes a violation of this article, 97 the enforcement officer shall inform the violator that they must immediately cease the violation 98 and will be subject to additional penalties if the violation continues, and issue a notice of 99 violation to the violator as provided in this Code. 100 No citation or notice to appear for a violation of this section shall be issued until a law 101 enforcement officer or code enforcement officer has contacted the property owner, occupant, 102 762 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 5 of 14 or operator from which the offending sound emanates to request abatement of the offending 103 sound. When a request for abatement is made and the offending sound is not immediately 104 abated, or if it resumes within fifteen (15) minutes following initial abatement, or occurs again 105 within seven (7) days, a citation or notice to appear may issue without additional request for 106 abatement. 107 108 Sec. 15-8.3. Unreasonably loud noise prohibited. 109 (a) General prohibition. Unreasonably loud noise disturbances are prohibited. No person shall 110 unnecessarily make, continue, or cause to be made or continued any sound or noise 111 disturbances. 112 (b) Specific prohibitions. It shall be unlawful for any person to make, continue, or cause to be 113 made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. The 114 following acts, among others, are declared to be unreasonably loud, excessive, unnecessary, or 115 unusual noises in violation of this section, but this enumeration shall not be deemed to be 116 exclusive: 117 (1) Sound reproduction devices. The playing, using, operating or permitting to be played, 118 used or operated, any radio, phonograph or musical instrument, or other machine or device 119 for the producing or reproducing of sound in such a manner or with such volume, that is plainly 120 audible to any person other than the player(s) or operator(s) of the device, and those who are 121 voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot 122 nearest to the source, or at a distance of twenty-five (25) feet or more during quiet hours. 123 (2) Loudspeakers. Using or operating for any purpose other than those activities specifically 124 exempted in section 15-8.4 below, any loudspeaker, loudspeaker system, or similar device, 125 including sound-emitting devices which may be physically attached to any motor vehicle. 126 763 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 6 of 14 (3) Street sales. Offering for sale, selling, or advertising for sale by shouting or outcry, anything 127 within any area of the city. 128 (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, 129 barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise 130 or sound disturbance or is plainly audible from a public street, and/or from a distance of 131 twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in 132 which the animal, bird or fowl is located. A person is responsible for an animal, bird, or fowl if 133 the person owns, controls, or otherwise cares for the animal, bird, or fowl. It shall be an 134 affirmative defense to any charge hereunder that such animal, bird, or fowl was emitting such 135 noise in response to any person's intrusion upon the premises. 136 (5) Loading or unloading. Loading, unloading, opening, closing, or other handling of boxes, 137 crates, containers, building materials, garbage cans, or similar objects during quiet hours in 138 such a manner as to cause a noise or sound disturbance. 139 (6) Construction. Operating or causing the operation of any tools or equipment used in 140 construction, drilling, excavation, clearing, repair, alteration, or demolition work except during 141 the times specified in section 15-8.5, or at any time during Sundays or legal holidays, except as 142 provided for emergency work or with an approved Noise Mitigation Waiver. 143 (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical 144 equipment located on real property, including HVAC equipment, motors, engines, pumps, 145 compressors, fans, tools, machinery, and their component parts, or any other similar stationary 146 mechanical devices and their component parts, except as otherwise exempted in section 15-147 8.4. 148 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to 149 cause a noise or sound disturbance. 150 764 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 7 of 14 (9) Human vocal sounds. Yelling, shouting, hooting, whistling, singing, and other vocal sounds 151 in excess of a normal conversational level during quiet hours, so as to create a plainly audible 152 sound across a residential real property line or on a public right-of-way or public property, or 153 that is plainly audible to an occupant of a dwelling unit within a building other than an 154 occupant of the unit from which the sound emanates, that can be heard from a distance of 155 twenty-five (25) feet or more from the source, in noise-sensitive zones. This section is to be 156 applied only to those situations where the disturbance is not a result of the content of the 157 communication but due to the volume, duration, location, timing, or other factors not based 158 on content. 159 (10) Vehicle noise. Operating any automobile, motorcycle, or other motor vehicle that 160 produces excessive noise plainly audible from twenty-five (25) feet or more due to: 161 a. Defective or modified exhaust systems, mufflers, or engine components; 162 b. Worn or damaged mechanical parts causing grinding, rattling, or squealing sounds; 163 c. Overloading that causes abnormal engine strain or mechanical noise; or 164 d. Any other mechanical condition or modification that creates unreasonably loud noise 165 during normal operation. 166 (11) Model vehicles. Operating or permitting the operation of powered model vehicles, either 167 airborne, waterborne, or land borne, which are designed not to carry persons or property, such 168 as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by 169 mechanical means, within a public recreation area or park other than those areas specifically 170 designated for such purpose by the City Commission. 171 (12) Noise near sensitive zones. The creation of any sound or noise on any street adjacent to 172 a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive 173 zone are in operation, which is plainly audible within the entity, from a distance of twenty-five 174 765 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 8 of 14 (25) feet from the noise or sound, and interferes with the operation of the entity, provided 175 conspicuous signs are displayed indicating the presence of a noise-sensitive zone. 176 (13) Horn and signaling devices. The sounding of any horn or signaling device, except as a 177 danger warning, for any unnecessary or excessive period of time, or the reasonable use of any 178 horn or signaling device, in such manner as to cause a noise or sound disturbance. 179 (14) General disturbances. The creation or permitting of any loud or raucous noise or sound 180 so as to disturb the peace, quiet, or comfort of a residence within the immediate or adjacent 181 neighborhood. 182 (15) Vibration. The creation or permitting of any sound or noise that produces a ground 183 vibration, noticeable without instruments, at the lot lines of the property from which the sound 184 or noise emanates, provided there shall be excepted from the provisions of this division the 185 use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like 186 equipment used in standard construction during permitted construction hours. The City 187 Manager, or designee, upon receiving complaints for excessive vibrations, may require 188 vibration sensors to be installed and monitored at property lines at the expense of the property 189 owner generating the vibration. 190 (c) Generators - limited exemption. Notwithstanding the foregoing prohibited acts, gasoline 191 or propane-powered generators are permitted during periods of power outage following 192 natural disasters and during maintenance periods. Maintenance operations shall only occur 193 between 8:00 a.m. and 6:00 p.m. on weekdays and only for the minimum amount of time 194 required by the manufacturer, not to exceed one hour per week. Any person using a generator, 195 except during periods of power outage, is subject to the restrictions on noise generation as 196 otherwise outlined in this chapter. 197 198 199 766 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 9 of 14 Sec. 15-8.4. Exemptions. 200 The following acts and the causing or permitting thereof shall be specifically exempted from 201 the prohibitions of section 15-8.3: 202 (1) Aircraft and transportation. Noise generated by aircraft, interstate railway locomotives, 203 and cars. 204 (2) Emergency activities. Any noise generated as a result of emergency work or for the 205 purpose of alerting the public to the existence of an emergency situation. 206 (3) Domestic equipment. Any noise generated by the operation and use of domestic power 207 tools and lawn maintenance equipment between 7:00 a.m. and 8:00 p.m. on weekdays, 8:00 208 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and legal holidays. 209 (4) Residential HVAC. Noise generated by operating and using air conditioning units in 210 residential districts that are properly maintained and operating within the manufacturer's 211 specifications. 212 (5) Musical instruments. Non-amplified solo musical instrument played by an individual within 213 a private residence between the hours of 9:00 a.m. and 9:00 p.m. 214 (6) Public safety and utilities. Noises and sounds of authorized safety signals, warning 215 devices, and any City vehicle while engaged in necessary public business. 216 (7) Emergency and utility work. Noises and sounds resulting from emergency work, which is 217 to be construed as work made necessary to restore property and/or utilities to a safe condition 218 following a natural disaster or emergency event, or work required to protect persons or 219 property from imminent exposure to danger. This exemption includes noises from emergency 220 communications and utility work following natural disasters or emergency events, and in 221 connection with the restoration of service operations. 222 767 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 10 of 14 (8) Permitted events. Parades, fireworks displays, special events, and other activities for which 223 a permit has been obtained from the City, within such hours and in accordance with such 224 restrictions as may be imposed as conditions for the permit issuance. 225 (9) Public construction. Municipal, county, or state public works, emergency matters, or 226 matters having an effect on the public health, safety, and welfare of the City, provided such 227 work complies with the construction time limitations in section 15-8.5 or has received approval 228 for extended hours due to public safety necessity. 229 230 Sec. 15-8.5. Construction site noise regulations. 231 (a) General requirements. Construction shall be permitted only during the hours set forth 232 herein. All equipment shall be operated in accordance with the manufacturer's specifications, 233 shall be in good repair, and shall utilize all noise baffling methods specified by the 234 manufacturer. 235 (b) Permitted construction hours: 236  Residential zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 237 to 5:00 p.m. 238  Commercial zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 239 to 5:00 p.m. 240  All zones: No construction activities on Sundays and legal holidays. 241 (c) Prohibited equipment during restricted hours. The following construction activities may 242 not be operated between 7:00 p.m. and 7:00 a.m. on weekdays, between 5:00 p.m. and 8:00 243 a.m. on Saturdays, and are prohibited on Sundays and legal holidays: 244 1. Any equipment used in construction activity, repair, alteration, or demolition work on 245 buildings, structures, streets, alleys, or appurtenances thereto. 246 768 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 11 of 14 2. Any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist. 247 (d) Exemptions: 248 1. Residential homeowners performing ordinary maintenance or home projects are 249 exempt from permits per the Boynton Beach Administrative Amendments to the Florida 250 Building Code, as may be amended from time to time. 251 2. Emergency work as defined in section 15-8.1. 252 253 Sec. 15-8.6. Noise Mitigation Waiver. 254 (a) Application. The City Manager or designee may approve a Noise Mitigation Waiver for 255 construction activities outside permitted hours upon written application demonstrating: 256 1. Exceptional circumstances requiring work outside normal hours; 257 2. Measures to minimize noise impact on surrounding properties; 258 3. Limited duration and scope of work; and 259 4. Public benefit or safety necessity. 260 (b) Conditions. All Noise Mitigation Waiver approvals shall: 261 1. Specify exact hours, dates, and activities authorized; 262 2. Include conditions to minimize noise impact; 263 3. Require notification to affected properties; and 264 4. Be subject to immediate revocation for violations. 265 (c) Limitations. Noise Mitigation Waivers: 266 1. May authorize work as early as 6:00 a.m. Monday through Friday only; 267 769 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 12 of 14 2. Shall not exceed 30 days total duration; and 268 3. Do not constitute compliance for violations occurring prior to issuance. 269 270 Sec. 15-8.7. Enforcement and penalties. 271 (a) Jurisdiction. The City’s Special Magistrate shall have jurisdiction to hear and decide cases 272 in which violations of this chapter are alleged; or 273 (b) Code enforcement. The City may enforce the provision of this Code by Code of Ordinance 274 enforcement procedures as provided by Chapter 162, Part 2, Florida Statutes; or 275 (c) Citation penalties. The City may prosecute violations by issuance of notices to appear for 276 violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: 277 1. First violation - $100.00 278 2. Second violation within twelve (12) months of adjudication of first violation - $250.00 279 3. Third violation within eighteen (18) months of adjudication of first violation - $500.00 280 Each calendar day on which a violation exists shall constitute a separate violation for the 281 purpose of determining the fine. 282 (d) Nuisance action. A violation of this Article may be prosecuted as a nuisance. The City 283 Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his or 284 her name against the person or persons causing or maintaining the violation, or against the 285 owner/agent of the building or property on which the violation exists. 286 (e) Criminal enforcement. Violations of this Article may be enforceable by arrest. 287 (f) Joint liability. For the purpose of this section, any person owning or having responsibility 288 for management of a business premises, any performer or disc jockey producing sound upon 289 any business premises, any person playing, producing, or controlling music or other sound, any 290 person having control of the volume of music or sound, and the business as named on the 291 770 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 13 of 14 business tax receipt where the music or sound is emanating may be jointly and severally liable 292 for compliance with this Article. 293 294 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 295 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 296 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 297 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 298 “Section,” “Article,” or such other word or phrase in order to accomplish such intention.. 299 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 300 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 301 Section 5. If any clause, section, or other part or application of this Ordinance shall 302 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 303 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 304 the validity of the remaining portions or applications remaining in full force and effect. 305 Section 6. This Ordinance shall become effective immediately upon passage. 306 307 [SIGNATURES ON FOLLOWING PAGE] 308 309 771 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 14 of 14 FIRST READING this _____ day of _________________, 2025. 310 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 311 312 CITY OF BOYNTON BEACH, FLORIDA 313 YES NO 314 315 Mayor – Rebecca Shelton _____ _____ 316 317 Vice Mayor – Woodrow L. Hay _____ _____ 318 319 Commissioner – Angela Cruz _____ _____ 320 321 Commissioner – Thomas Turkin _____ _____ 322 323 Commissioner – Aimee Kelley _____ _____ 324 325 VOTE ______ 326 327 328 329 ATTEST: 330 331 _____________________________ ______________________________ 332 Maylee De Jesús, MPA, MMC Rebecca Shelton 333 City Clerk Mayor 334 335 APPROVED AS TO FORM: 336 (Corporate Seal) 337 338 _______________________________ 339 Shawna G. Lamb 340 City Attorney 341 342 343 772 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING PART II, “CODE OF ORDINANCES,” CHAPTER 15 “OFFENSES- MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 773 Page 2 of 3 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 15-8 through 15- 8.7 of the City’s Code of Ordinances currently regulates noise and sound emissions within the City. The City Commission of the City of Boynton Beach, Florida, deems it to be in the best interest of the citizens and residents of the City to update its regulations regarding noise and sound emissions to include construction noise regulations near residential zones. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Construction companies operating within the City of Boynton Beach may be impacted by the proposed ordinance. 4. Additional information the governing body deems useful (if any): 774 Page 3 of 3 NONE 775 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 1 of 10 Sec. 15-8. Noise Control-Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11) Editor's note(s)—Ord. No. 85-16, §§ 1, 2, adopted Mar. 19, 1985, provided for the repeal of §15 -8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as §§ 15 -8—15-8.8 to read as herein set out. Formerly, § 15-8 was derived from the 1958 Code, § 17-22.2, and Ord. No. 82-12, § 1, adopted May 18, 1982. Sec. 15-8.1. Same-Purpose and space. It is the purpose of sections 15-8 through 15-8.9 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade th e quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound and noise originating within the limits of this jurisdiction. It is further the intent of this chapter to recognize that fact ors such as the time of day, location (e.g. proximity to residences), necessity of public projects for the public good, and necessity of sound and noise incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11- 003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.2. Same-Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this Code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one (1) lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for measuring the volume of sound or noise, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound or noise measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right - of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. 776 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 2 of 10 Emergency vehicle. A motor vehicle used in response to a public emergency or to protect persons or property from imminent danger. Emergency work. Any work necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect person or property from an imminent exposure to danger. Equivalent. The level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. E xamples of sources of impulse noise, includes explosions and the discharge of firearms. L10 sound level. The sound level exceeded for more than ten (10) percent of a measurement period which for the purposes of sections 15-8 through 15-8.9 shall not be less than ten (10) minutes. LMAX. The maximum A-weighted sound level for a given event. Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Da y, Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day or any other legally recognized holiday. Maximum sound level. The greatest A-weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential integration time. Micropascal. The international unit for pressure, analogous to pounds per square i nch in English units; one (1) microPascal is one millionth of a Pascal; the reference pressure used for airborne sound is twenty (20) microPascals. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Motorized equipment. Any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. Noise. For the purposes of this chapter, noise is any sound that is in violation of any provision of this chapter. Noise disturbance. Any sound or noise, in quantities which are plainly audible and may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation. Any plainly audible noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood and/or adjacent neighborhood(s) from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to negatively affect such residences or places of business. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive zones include but are not limited to operations of schools, libraries open to public, churches, synagogues, mosques, hospitals, residential zones (after 11:00 p.m.), and nursing homes. Octave band sound level. The unweighted sound pressure level in the specified octave band. Person. Any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two (2) or more persons having a joint or common interest or any other legal 777 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 3 of 10 entity including any officer, employee, department, agency, or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever of any combination of such, jointly or severally. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Private right-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one -third (⅓) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one -third (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred fifteen (115) Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one (1) person from that owned, rented or leased by another person, excluding intra-building real property divisions. Receiving land use. The land, which is receiving the noise or sound as designated by the City zoning map (and for recently incorporated areas, the effective zoning category). Residential. A parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartme nt hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound or noise which is: (a) Plainly audible beyond a distance of twenty -five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (b) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty-five (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (c) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. (d) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a public use zoning d istrict and is heard in a residential zoning district. 778 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 4 of 10 For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consid eration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A -weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 10 6 N/m2 ). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Use. Any activity, event, operation or facility which creates noise. Weekday. Any Monday through Friday (at 6:00 p.m.) which is not a legal holiday as defined herein. Weekend. Any Saturday or Sunday (until 8:00 p.m.). (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 1, 3-4-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4- 18) Sec. 15-8.3. Same-Program administration. (a) The noise and sound control program established by sections 15-8 through 15-8.9 shall be administered by the City Manager, or his/her designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.9 and its enforcement, municipal employees or officials engaged in the measurement of noise or sound, assessing compliance with such sections, making recommendations for noise and sound abatement, issuing noise and sound violations citations, or giving evidence regarding nois e and/or sound violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise and sound control. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 2, 3-4-86; Ord. No. 89-16, § 1, 6-20-89; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the City Manager or his/her designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.9 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) 779 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 5 of 10 Note(s)—See the editor's note following § 15-8. Sec. 15-8.5. Sound and noise control—Prohibited acts. No person shall make, continue or cause to be made any noise or sound disturbance. The making of noise or sound in violation of this chapter shall constitute prima facie evidence of a noise and/or sound disturbance. (a) Sound or noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any sound or noise disturbances. (b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) The playing, using, operating or permitting to be played, used or operated, any r adio, phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who ar e voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of twenty-five (25) feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(d) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the City. (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal, bird or fowl is located. A person is responsible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise or sound disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(f). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise or sound disturbance. (9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to 780 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 6 of 10 create a plainly audible sound across a residential real property line or on a public right -of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive zones. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. (10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of twenty-five (25) feet or more. (11) Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the City Commission. (12) The creation of any sound or noise on any street adjacent to a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive zone are in operation, which is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise or sound, and interferes with the operation of the entity, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (13) The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the reasonable use of any horn or signaling device, in such manner as to cause a noise or sound disturbance. (14) The creation or permitting of any loud or raucous noise or sound so as to disturb the peace, quiet or comfort of a residence within the immediate or adjacent neighborhood. (15) Vibration. The creation or permitting of any sound or noise that produces a ground vibration, noticeable, without instruments, at the lot lines of the property from which the sound or noise emanates, provided there shall be excepted from the provisions of this division the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like equipment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day. (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage, is subject to the restrictions on noise generation as otherwise set forth in this chapter. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 3, 3-4-86; Ord. No. 89-23, § 1, 9-19-89; Ord. No. 91-8, § 3, 2-19-91; Ord. No. 06-058, § 2, 7-5-06; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. 781 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 7 of 10 (a) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b)(2). (b) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (c) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public of the existence of an emergency situation. (d) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right -of-way, including sporting events. (e) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (f) Fixed mechanical equipment. Noise generated by the operation and use of air conditioning units in residential districts. (g) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (h) Construction. The foregoing provisions of section 15-8.5(a), (b) and subparagraph (6) of this section shall not apply to municipal, county or state public works, emergency matters or matters having an effect on the public health, safety and welfare of the City in those zoning districts of mixed use, commercial and industrial, and where the noise or sound disturbance across a residential property line would not exceed those sound and noise limits set forth in section 15 -8.8 of this article. (i) Any vehicle of the City while engaged in necessary public business. (j) Noises and sounds of authorized safety signals and warning devices. (k) Noises and sounds resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption includes noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations. (l) Noises and sounds resulting from community events, including but not limited to, fairs, sporting events, school activities, community festivals, etc. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 4, 3-4-86; Ord. No. 89-23, § 2, 9-19-89; Ord. No. 01-24, § 1, 6-5-01; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.9 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each complaint of said violation shall be a separate offense. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 5, 3-4-86; Ord. No. 97- 51, § 2, 11-18-97; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) 782 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 8 of 10 Note—See the editor's note following § 15-8. Sec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound and noise limits established. No person shall operate or cause to be operated any source of sound or noise as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create a sound or noise disturbance or an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) percent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 noise and sound level limits. Permissible noise and sound levels for noises or sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound or noise levels as defined herein. For the purpose of these sound and noise control provisions, such sound or noise levels shall be determin ed using FAST meter responses: Receiving Land Use Emanating Land Use Category Time Level Limit L10 Sound Residential Exterior Sun. - Thurs. 7:00 a.m. - 11:00 p.m. 60 (dB)A L10 Sound Residential Exterior Fri. & Sat. and holidays 11:00 p.m. - 7:00 a.m. 55 (dB)A L10 Sound Residential Exterior Sun. - Thurs. 12:00 a.m. - 7:00 a.m. 55 (dB)A L10 Sound Commercial Exterior At all times 65 (dB)A L10 Sound Residential Interior Sun. - Thurs. 7:00 a.m. to 11:00 p.m. 50 (dB)A L10 Sound Residential Interior Fri. & Sat. and holidays 7:00 a.m. - 12:00 a.m. 50 (dB)A L10 Sound Residential Interior Sun. - Thurs. 12:00 a.m. to 7:00 a.m. 45 (dB)A L10 Sound Commercial Interior At all times 55 (dB)A (c) Maximum sound and noise level limits. The maximum sound and noise level from any applicable sound and noise sources shall not exceed the L10 sound and noise level limits by more than the values listed below: 10 (dB) A from 7:00 p.m. to 11:00 p.m. 5 (dB) A from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise or sound. For any source of sound or noise which emits a pure tone or an impulse noise or sound, as defined herein, the sound or noise level limits for L10 and maximum sound or noise levels shall be reduced by five (5) (dB) A. 783 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 9 of 10 (e) District boundaries. When a noise or sound source can be identified and its noise or sound can be measured in more than one land use designation, the pressure level limits of the most restrictive use district shall apply at that designation boundary. (f) The burden shall be on any person contesting the equivalent sound levels to establish the actual equivalent sound or noise level by clear and convincing evidence. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, § 6, 3-4-86; Ord. No. 86-14, § 1, 8-19-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.9 Same- Measurement of noise and sound. In determining whether a violation of this section has occurred, the complaint of noise shall be measured by the code enforcement division or Police Department according to the following plainly audible standard: (a) The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid. (b) The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound or noise source is located, and in any event from a location not less than twenty - five (25) feet from the source measured in a straight line. (c) When applicable, sound and noise shall be measured with a sound level meter. The sound or noise level shall be measured at a distance no closer to the point from which the sound or noise in question is emanating than the property line of the parcel or lot from which the sound or noise is emanating or through partitions common to two (2) parties within a building. (d) A measurement period shall not be less than ten (10) minutes in duration. The sound or noise b eing measured shall be representative of the sound or noise which instigated the complaint. (e) A measurement shall be recorded so as to secure and ensure an accurate representation of the sound or noise. (f) A measurement shall be taken at approximately five (5) feet above the ground or water surface away from any obstruction or reflecting surface. (g) When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement. (h) All manufacturers' directions on the operation of the sound level meter shall be followed (e.g. proper microphone angle). (i) All sound level meters used for measurement shall be in conformance with ANSI section 1.4 -1983, as amended. (j) All octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended. (k) Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4 -1971), as amended. (l) Measurements of sound and noise shall be made by individuals tr ained in a noise or sound measurement program approved by the county or other training facility. (Ord. No. 18-033, § 2, 12-4-18) 784 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 10 of 10 785 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 7C. Proposed Resolution No. R25-050- Award of Task Order No. GESCM- 2J-02-25 and approve a budget amendment to appropriate the funds for Craven Thompson Associates as the next pre-qualified vendor for the Preliminary Design of South Seacrest streetscape improvements in the amount of $161 ,170 plus a 10% allowance of$16,117 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$177,287 based on costs provided by Craven Thompson & Associates. Commissioner Turkin stated that this project has been a long time coming, over 30 years, and asked for a timeline of how we got here. Deputy City Manager Mack spoke about this being a continuation of his very first project when he started with the City. He said that these projects were planned over 20 years ago, and it is exciting to see this one get started. He stated that this will beautify the area and reduce speeding. He mentioned working with the County on this project and incorporating this project into the County's overall plan. Commissioner Turkin stated that he is excited to see this coming, and he praised County Commissioner Marci Woodward for her help in the project. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-050. Commissioner Hay seconded the motion. The motion passed unanimously. 10C. Discussion regarding construction hours near residential locations. Heard out of Order) Adam Temple, Assistant City Manager, stated that staff worked with Commissioner Cruz on this analysis, to get ready for this presentation. Pat Hart, Community Standards Supervisor, spoke about eight municipalities that they compared our Code to, in regard to construction hours. Commissioner Cruz thanked staff for doing this research and for coming to the Town Hall meeting in Monterrey. She mentioned that this is complete obstruction of peace and sleep of her constituents. Mr. Hart stated that they have staff checking Monterrey from 6:00 A.M. to 9:00 A.M. to see if anyone does work during those hours, and they are working with the Police as well. Commissioner Cruz stated that citizens have a right to a peaceful home. She asked to have a noise litigation waiver explained. 7 786 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 John Kuntzman, Building Director, spoke about the waiver form that was used when City Hall was constructed, and what the rules are with the waiver. He said that for this project, the contractor had the Police on site during a portion of construction, which complied with the regulations. He stated that for another project, they had to have a complaint line, that was available to residents, to keep tabs on it. He spoke about reports that they have had on vibrations in the community. Mayor Penserga asked who owns the vibration censor. Mr. Kuntzman stated that they are provided by a third party. Mayor Penserga said that he would trust it more if the City owned the vibration censor rather than the third party. Commissioner Turkin said that maybe the City could choose a censor vendor. Commissioner Cruz stated that she wants to provide relief to these residents and future residents that are near construction locations. She said that she would like to remove the exemption of any construction after designated working hours, especially related to properties adjacent to residential areas within a certain number of feet. She said that the goal is to figure out the distance from residential homes to the building. Mr. Temple stated that there were a lot of concrete pours needed for this project, and they were trying to remove them from peak hours of traffic. Mr. Kuntzman spoke about the impact of the number of concrete trucks that are lined up to pour concrete for this project, and that shifting it to daytime hours would cause a huge backup in traffic. He mentioned some of the other reasons why they have been conducting concrete pours at night, instead of during the day. Commissioner Cruz said that unfortunately this is causing an issue with residents, and she understands the business side of it. She suggested a change of the hours. Mayor Penserga said that he supported changing the hours and distance from the residences. Commissioner Cruz said that she proposed constructions hours for 8 A.M.-8 P.M. Monday-Friday, 9 A.M.-8 P.M. on Saturday, and none on Sunday. She stated that this would be for any construction within a certain amount of feet of residential areas. Commissioner Hay said that he supports this, because quality of life is more important to him, than construction. He stated that he gets a lot of complaints about this as well. Commissioner Turkin said that he supports this change and suggestion, and that it is important to include the exemption of emergency matters, such as a busted water pipe. 8 787 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 He stated that there is a lot of development that is coming, which was approved, so it is important to get ahead of this now. He mentioned that we are here to enable a policy to make necessary changes. Vice Mayor Kelley stated that the timing that she is suggesting is even shorter, 10 A.M. to 4 P.M. She said that she is in support of establishing construction times, and doesn't mind making it a little stricter, for at home quiet times in the evenings. Commissioner Cruz said that she is comfortable with the stricter hours. She asked to allow public comment on this item. City Attorney Lamb stated that we can come up with an Ordinance with this direction and have public hearings at that time. Commissioner Turkin stated that he doesn't mind opening up to comments. He asked if the cities we compared to have a separate noise ordinance. Assistant City Manager Temple responded that they did, and mentioned that the City has a citywide noise ordinance, with a construction portion. Dan Dugger, City Manager, said that it goes to midnight on the weekends, and spoke about the allowed decibels. He mentioned that if it is after hours, the Police will go there and check the decibel levels and report to Community Standards. Commissioner Turkin asked to make the noise ordinance stricter as well, because this should be updated. He mentioned that he would like a complete a code overhaul. Mayor Penserga asked if the City should make a separate Ordinance for construction hours. City Attorney Lamb stated our that Code of Ordinances is all over the place, and it is very expensive to do an overhaul, but she will determine if they need a completely new ordinance or not. She stated that the next meeting is March 18, which is after a new Board is sworn in. Commissioner Hay asked if we have measured the decibel levels at Monterrey. Mr. Hart stated that they have during the day, and it has measured to be in line with what is allowed. He spoke about the rules of how they measure decibel levels. Commissioner Hay said that he is okay with allowing Public Comments. Vice Mayor Kelley said that she doesn't want to set a precedent to allow Public Comment for this, when they already spoke during Public Audience. She stated that if we come back with an ordinance, it would allow for public comment. 9 788 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 Commissioner Hay said that he understands, but would like to know which end of the spectrum is the most problematic. He mentioned that they can make an exception. City Attorney Lamb stated that this is a discussion item and that they can have a Public Comment portion when they come back with an Ordinance. Mayor Penserga said that the majority of the Board has decided to allow Public Comment. Beth Stanzone, Monterrey resident, stated that most recently, they had very loud pounding, and that she had to go try to talk to the construction company to mitigate the noise issue. She said that they have pieces of construction that over exceeds the decibel levels, it is not all the time. Amelia stated that this has been going on for eight months, and that they need help sooner than later. She said that they need some kind of relief today, not later. Mayor Penserga stated that direction has been given to staff. Assistant City Manager Temple clarified the direction that was given to staff for a Code change. Commissioner Cruz said that the purpose is to not allow construction to happen after 8 P.M., and removing the exception. Commissioner Turkin stated that he is okay to come back to for a special meeting if they need it. Mayor Penserga said that this is a draft. Commissioner Cruz said that it should only be when it is adjacent to residential areas, not for other areas. Commissioner Turkin said that the Board should be able to make changes, but without causing an issue where it doesn't affect residents. Commissioner Cruz reiterated her direction and said that this is very specific in the Code. 8. Public Hearing Commissioner Turkin left the dais at 7:33 P.M. Commissioner Cruz said regarding Items 8A that she has not had any ex-parte communication, has not received written communication, has not conducted an 10 789