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12-08-15 Regular Meeting AgendaCity of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Tuesday, December 8, 2015 Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall City Commission Mayor Cary Glickstein Vice -Mayor Shelly Petrolia Deputy Vice Mayor Al Jacquet Commissioner Jordana Jarjura Commissioner Mitchell Katz RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non -Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non -agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign -in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting December 8, 2015 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. APPROVAL OF MINUTES: None 4. PRESENTATIONS: A. SPOTLIGHT ON EDUCATION - VILLAGE ACADEMY Recommendation: Sponsors: Community Improvement and Quinlan B. RESOLUTION NO. 70-15 RECOGNIZING AND COMMENDING REGGIE DOBARD, SR. FOR 50 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No. 70-15 recognizing and commending Mr. Reggie Dobard, Sr. Sponsors: Parks & Recreation Department Attachments: Resolution No. 70-15 - Reggie Dobard, Sr. C. COMPREHENSIVE PLAN UPDATE 5. COMMENTS AND INQUIRIES ON AGENDA AND NON -AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 6. AGENDA APPROVAL 7. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 A. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH AKA SERVICES, INC. FOR THE DELRAY Shores WATER MAIN PHASE 2 PROJECT #14-030. Recommendation: Motion to Approve Contract Closeout (Change Order No. 1/Final) to AKA Services, Inc., in the net contract reduction amount of $120,236.75; by motion approve a final payment in the amount of $18,193.71 to AKA Services, Inc., for completion of the Delray Shores Water Main Phase 2 (Bid No. 2015-25). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Change Orders, Within the Scope of Work". Sponsors: Environmental Services Department and Ballestero Attachments: C01 Final AKA Services Delray Shores WM PH2 GC 010515.pdf Schedule A to CO 1 FinalDelray Shores WM GC 120815.pdf DELSHORES LOCMAP PHASE 2.pdf B. EMPLOYEE PARKING PILOT PROGRAM Recommendation: Motion to Approve a License Agreement with Palm Beach County for use of the South County Courthouse Garage for an employee parking pilot program. Sponsors: Environmental Services Department and Aronson Attachments: License Agreement for Downtown Employee Parking Program 12 31 15-5 31 16 C. LANDSCAPE MAINTENANCE AGREEMENT FOR 101 S.E. 7TH AVENUE Recommendation: Motion to Approve acceptance of a Landscape Maintenance Agreement to allow the installation of landscaping within the S.E. 1st Street and S.E. 7th Avenue rights-of-way for the property located at 101 S.E. 7th Avenue. Attachments: 101 SE 7th Ave LMA 2015 D. GRANT AWARD/FDOT/AGGRESSIVE DRIVING PROGRAM Recommendation: Motion to approve application and acceptance of award from the Florida Department of Transportation (FDOT) for the Aggressive Driving/Speed Enforcement program in the initial award amount of $10,000. This award will be increased by an additional $10,000 each time the prior award amount is disbursed, until total of $50,000 has been awarded, or sooner, if the funds for the program are no longer available. Attachments: FDOT Grant Project 16-13-09 City of Delray Beach Page 4 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 E. REVOCABLE LICENSE AGREEMENT BETWEEN PALM BEACH COUNTY, COMMUNITY SERVICES AND COMMUNITY ACTION PROGRAM FOR THE CITY'S NEIGHBORHOOD RESOURCE CENTER Recommendation: Motion to Approve a Revocable License Agreement for a one (1) year term ending November 30, 2016 between the City, Palm Beach County, Community Services and the Community Action Program to provide services from the Neighborhood Resource Center (NRC). Sponsors: Community Improvement Attachments: County Certificate of Insurance Revocable License Agreement F. APPROVAL OF RESOLUTION 71-15 ENDORSING THE APPLICATION FOR THE DESIGNATION OF THE EAST COAST GREENWAY TRAIL Recommendation: Motion to Adopt Resolution No. 71-15 providing its support to designate State Road A -1-A, George Bush Boulevard and North and South Federal Highways as a shared -use pathway, within the City of Delray Beach, as a link within the East Coast Greenway Trail System. Sponsors: Environmental Services Department and Kovner Attachments: ECG TRAIL MAP NORTH -FULL ECG TRAIL GREEN ECGA Resolution No. 71-15 G. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT Recommendation: Motion to Approve a Vote Processing Equipment Use and Elections Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. Attachments: Palm Beach County SOE Municipal Agmt as amended June 2016.red line Municipal ELection Costs-2016—PPP (2) Municipal Election Runoff Costs 2016 PPP H. RESOLUTION NO. 74-15 REGARDING THE MARCH 15, 2016 SPECIAL (REFERENDUM) ELECTION Recommendation: Motion to Approve Resolution No. 74-15 regarding the March 15, 2016 Special (Referendum) Election. Attachments: Res 74-15 Calling for Special Election on Charter change Revised I. PROCLAMATIONS: 1.1. HEALTHY WEIGHT FLORIDA CAMPAIGN -JANUARY 4, 2016 Sponsors: City Manager Department Attachments: City_of_Delray_Beach_Proclamation_Healthy_Weight_Florida_Campaign City of Delray Beach Page 5 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 1.2. CALLING FOR THE SPECIAL (REFERENDUM) ELECTION ON MARCH 15, 2016 Recommendation: Proclamation calling for the the Special (Referendum) Election to be held on March 15, 2016 in conjuction with the Presidential Preference Primary Election. Attachments: SPECIAL ELECTION PROCLAMATION March 2016 1.3. Designation of April 29th, 2016 as "Arbor Day". Recommendation: Arbor Day - April 29, 2016 Attachments: Arbor_Day_Proclamation_ 2016.doc J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR THE PERIOD NOVEMBER 9, 2015 THROUGH NOVEMBER 20, 2015 Recommendation: Motion to Accept the actions and decisions made by the Land Development Boards for the period November 9, 2015 through November 20, 2015. Sponsors: Planning and Zoning Board Attachments: City Commission Report Location Map Appealable Exhibits K. AWARD OF BIDS AND CONTRACTS: None 8. REGULAR AGENDA: A. ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) A.1. BID AWARD TO CDW GOVERNMENT, LLC FOR SIXTEEN (16) TOUGHBOOK COMPUTERS (BID AWARD 2015-83) Recommendation: Motion to Approve a Bid Award 2015-83 for 16 Panasonic Toughbook Computers to CDW-Government, LLC. for the Police Department for $64,247.36. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 334-6111-519-64.11 (General Construction Fund: Machinery & Equipment/Computer Equipment). Attachments: Bid 2015-83 Tabulation Sheet Toughbook Purchasing Checklist City of Delray Beach Page 6 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 A.2. APPROVAL AND EXECUTION OF A PARTNERSHIP AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., D/B/A ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES FOR FUNDING AND OPERATION OF PROGRAMS AT PINE GROVE ELEMENTARY SCHOOL AND VILLAGE ACADEMY Recommendation: Motion to Approve the Palm Beach County School District Agreement with an effective date of January 1, 2016 through June 30, 2018 for Funding and Operation of programs at Pine Grove Elementary School and Village Academy. Second Motion to Approve the Funding Agreement between the City of Delray Beach and the Achievement Center for Children and Families for Out -of -School services at Pine Grove Elementary School and Village Academy. Funding is available is from 001-6111-519-99.03 (General Fund: Other Non -Operating Manager's Contingency) and 001-2711-524-48.10 (General Fund: Promotional Activities/Special Events). Sponsors: Community Improvement and Quinlan Attachments: CC 120815 SBPBC Agmt City of Delray Comm Child Care 110615 FINAL CC 120815 Funding Agmt Between City of DB and CCCC of Delray Beach Inc f A.3. BID AWARD TO SEACOAST EMBROIDERY, INC., FOR POLICE DEPARTMENT UNIFORMS (2016-020) Recommendation: Motion to Award Bid 2016-020 to Seacoast Embroidery Inc. at an annual cost not to exceed $110,000.00 for a three (3) year period with two (2) additional one (1) year renewals periods. This recommendation is in compliance with the Code of Ordinances, Section 36.02 (A)(1), "Sealed Competitive Method". Funding is available from 001-2111-521-52.22 (General Fund: Operating Supplies: Uniforms/Linen Service), 001-2111-521-52.27 (General Fund: Operating Supplies/Equipment<$1,000), 001-2115-521-52.22 (General Fund: Operating Supplies: Uniforms/Linen Service) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment<$1,000). Sponsors: Purchasing Department and Vath Attachments: Bid Tab Police Uniforms Purchasing Checklist B. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT SERVICE EMPLOYEES INTERNATIONAL UNION, FLORIDA PUBLIC SERVICES UNION, CTW, CLC. (SEIU) Recommendation: Motion to ratify the Collective Bargaining Agreement between the City of Delray Beach and the Service Employees International Union, Florida Public Services Union, CTW, CLC. (SEIU) for the period of October 1, 2015 through September 30, 2018. Attachments: Memorandum- Approval of Collective Bargaining Agreement (SEIU) City of Delray Beach Page 7 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 C. A RESOLUTION NO. 80-15 - BEST INTEREST/AMERISTAR PARKING SOLUTIONS, LLC. Recommendation: Motion to Approve Resolution No. 80-15 to retroactively award the Parking Facility Management Annual Contract to Ameristar Parking Solutions, LLC. in the amount of $259,730.00 to provide parking facility management for the Federspiel and Old School Square parking garages; declaring by a four-fifths affirmative vote that the City's Sealed Competitive Method or Written Quotations Procurement Method for the purchase is not in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02. Funding is available from 001-3151-545-34.90 (General Fund: Operating Expenses - Miscellaneous/Other Contractual Services). Attachments: RESOLUTION NO. 80-15 Best Interest - Ameristar Parking Solutions Ameristar Contract RESOLUTION NO. 81-15 - PUBLIC UTILITY EASEMENT ABANDONMENT - 1118 WATERWAY LANE Recommendation: By motion, approve Resolution No. 81-15 to abandon a 5' x 100' public utility easement dedicated via the Plat of 1118 Waterway Lane, as recorded in Plat Book 18, Page 100, of the Public Records of Palm Beach County, Florida, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.6(N)(5), Abandonment of Public Easements, subject to the condition that Comcast Cable company release its interest in the easement prior to recording the abandonment. It should be noted that other property owners located within this plat have made requests for the abandonment of a similar easement, which request has been granted. Attachments: Resolution No. 81-15 Survey and Legal Description 1118 Waterway Lane—Perkins Residence 1118 Waterway Lane—Perkins Residence_bw City of Delray Beach Page 8 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 E. APPROVE STATEMENT OF WORK FOR THE P25 RADIO SYSTEM WITH PALM BEACH COUNTY Recommendation: Motion to Approve Palm Beach County to execute a change order for the City of Delray Beach Statement of Work for the P25 radio system in the amount of $1,333,573.00. Funding is available from 334-2111-521-64.32 (Capital Replacement - P25 Radio System). Sponsors: Purchasing Department and Vath Attachments: Interlocal Agreement County Email Memo Style DEL_Section_C-3_Price_Proposal Negotiated_11_20 DEL_Tab_2_Project_Approach Negotiated 11_20 Exhibit—B-3—Delray Beach Negotiated System Description_11_20 F. REQUEST FOR ASSIGNMENT/SOUTHERN WASTE SYSTEMS, LLC TO WASTE MANAGEMENT, INC. Sponsors: City Commission Attachments: WMIF- SWS Letter- 11 16 2015 Assignment of Exclusive Franchise Agreement G. RESOLUTION NO. 79-15 - COMMUNITY REDEVELOPMENT AGENCY LINE OF CREDIT Recommendation: Motion to Approve Resolution No. 79-15 authorizing the CRA to borrow Three Million Three Hundred Thousand Dollars ($3,300,000.00) in tax increment bonds. Attachments: Res 79-15 - CRA Line of Credit Res 79-15 Attachment A Res 79-15 Attachment B Res 79-15 Attachment C CRA Resolution 2015-19 H. NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommendation: Recommend nominations for appointment of three (3) regular members and two (2) alternate members to serve on the Code Enforcement board for three (3) year terms ending January 14, 2019. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Vice Mayor Petrolia (Seat #1), Deputy Vice -Mayor Jacquet (Seat #2), Commissioner Katz (Seat #3) and Commissioner Jarjura (Seat #4). Sponsors: City Clerk Department and Ruiz Attachments: Code Enforcement Board Exhibit A Code Enforcement Board Member List Code Enforcement Board Attendance List City of Delray Beach Page 9 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 9. PUBLIC HEARINGS: A. APPROVAL OF FY14-15 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) Recommendation: Motion to approve the 2014-2015 Consolidated Annual Performance and Evaluation Report required by the United States Housing and Urban Development (HUD) for utilization of federal grant funds. Sponsors: Community Improvement Attachments: FY2014-2015 CAPER FINAL 111715 CAPER Advertisement FY14-15 CDBG Target Area Map PR 03 - CDBG_CDBG-R Activity Summary Report PR 23 - CDBG Summary of Accomplishments PR 26 - CDBG Financial Summary Report PR 83 SECTION 1 - CDBG_CDBG-R Performance Measures Report PR 83 SECTION 2 - CDBG_CDBG-R Performance Measures Report PR 83 SECTION 3 - CDBG_CDBG-R Performance Measures Report PR 84 - CDBG Strategy Area_ CDFI_ and Local Target Area Report PR 85 - Housing Performance Report B. ORDINANCE NO. 28-15 (SECOND READING) Recommendation: Motion to Consider city -initiated amendments to Land Development Regulations (LDR) Section 4.4.13, "Central Business District (CBD)", to adopt the CBD Architectural Design Guidelines and associated amendments to various sections in 4.4.13 of the LDRs. Attachments: Ordinance 28-15 Revised for 2nd Reading 120215 Ord 28-15 First Reading Memo C. ORDINANCE NO. 22-15 (SECOND READING): AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR), SECTION 4.6.19 TO PROMOTE TREE PRESERVATION AND PROTECTION. Recommendation: Motion to Approve Ordinance No. 22-15, "Tree Preservation, Protection, Enforcement and Maintenance" to the City Commission regarding the promotion of tree preservation and maintenance of the existing urban tree canopy. Attachments: Ordinance No. 22-15 CC Memo Initiate LDR for Tree Preservation City of Delray Beach Page 10 Printed on 12/2/2015 City Commission Regular Commission Meeting December 8, 2015 D. RESOLUTION NO. 78-15 (SECOND PUBLIC HEARING) Recommendation: Motion to Approve Resolution No. 78-15 designating 1475 S.W. 4th Avenue as a Brownfield Area. Attachments: Res No. 78-15 Res 78-15 First Reading Memo 10. FIRST READINGS: 11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 11 Printed on 12/2/2015 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-288, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 SPOTLIGHT ON EDUCATION - VILLAGE ACADEMY Recommended Action: Background: Latoya Dixon, the new Principal of Village Academy, will be giving a presentation on her vision and anticipated accomplishments for the school under her leadership. City Attorney Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-334, Version: 1 TO: Mayor and Commissioners FROM: Suzanne F. Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 RESOLUTION NO. 70-15 RECOGNIZING AND COMMENDING REGGIE DOBARD, SR. FOR 50 YEARS OF SERVICE Recommended Action: Motion to Approve Resolution No. 70-15 recognizing and commending Mr. Reggie Dobard, Sr. Background: Reggie Dobard, Sr., has been a part-time employee with Delray Parks and Recreation since 1965. Mr. Dobard began his career with Parks & Recreation as a seasonal Recreation Supervisor at the Catherine Strong Recreation Center. Mr. Dobard has also held the position of part-time lifeguard at Teen Town Pool & Recreation Center (now known as Pompey Park pool) and part-time Recreation Supervisor at Pompey Community Center. Mr. Dobard is truly dedicated to the youth of our community, shows a caring attitude, has an excellent work ethic, and is a valuable and essential part of Delray Beach Parks & Recreation. Mr. Dobard is a part-time employee with the Parks & Recreation Department working a maximum of 29 hours per week. City of Delray Beach Page 1 of 1 Printed on 121212015 powered by LegistarT" RESOLUTION NO. 70-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING REGGIE DOBARD, SR. FOR FIFTY YEARS OF PART TIME SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Reggie Dobard, Sr. began his career with the City of Delray Beach in the year 1965 as a seasonal Recreation Supervisor at the Catherine Strong Recreation Center in Delray Beach, FL; and WHEREAS, Reggie a native born Floridian attended and graduated from Carver Elementary Middle High School in 1961 where he played and lettered in basketball and was team captain; and WHEREAS, in 1961 Reggie attended Bethune Cookman College in Daytona Beach, FL on a four year basketball scholarship where he won the SLAC Championship two years straight in 1964 & 1965 and also was team captain when he graduated in June, 1965 earning his Bachelor of Science Degree in Physical Education; and WHEREAS, Reggie started his Physical Education teaching career with the Public School System in Bradenton, FL from 1965 - 1967; and WHEREAS, he transferred back home to the Palm Beach County School system working at Carver Middle School, Lake Worth High School and then on to Atlantic Community High School where Reggie coached basketball for 7 years. He retired in 2002 after teaching Health and Physical Education for 37 '/Z years; and WHEREAS, in 1967 Reggie left Catherine Strong Park to be a part-time lifeguard at the Teen Town Pool & Recreation Center (now known as Pompey Park pool); and WHEREAS, in 1982 Reggie then moved over to Pompey Park Recreation Center as a part- time Recreation Supervisor, where he continues to service in that capacity; and WHEREAS, Reggie is truly dedicated to the youth of our community, shows a caring attitude, has an excellent work ethic, and is a valuable and essential part of Pompey Park and the Parks and Recreation Department. Res No. 70-15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Reggie Dobard, Sr. for fifty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Reggie Dobard, Sr. for his many years of service, and wishes him the best of health and happiness in his continued employment. PASSED AND ADOPTED in regular session on this the 17`h day of November 2015. ATTEST: CITY CLERK Mayor Res No. 70-15 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-340, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director, Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 COMPREHENSIVE PLAN UPDATE Background: Tim Stillings, Planning and Zoning Department Director, will provide an update on the City's Comprehensive Plan. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-310, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, Environmental Services Director THROUGH: Donald B. Cooper, City Manager DATE: January 5, 2016 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL) WITH AKA SERVICES, INC. FOR THE DELRAY Shores WATER MAIN PHASE 2 PROJECT #14-030. Recommended Action: Motion to Approve Contract Closeout (Change Order No. 1/Final) to AKA Services, Inc., in the net contract reduction amount of $120,236.75; by motion approve a final payment in the amount of $18,193.71 to AKA Services, Inc., for completion of the Delray Shores Water Main Phase 2 (Bid No. 2015-25). This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Change Orders, Within the Scope of Work". Background: On February 3, 2015, Commission approved a bid award (Bid #2015-25) in the amount of $847,985.00 to AKA Services, Inc., for the Delray Shores Water Main PH 2 Project #14-030. The project scope generally consists of the following: construction of eight inch water main, water services, fire hydrants and roadside swale grading and sodding. The project also included clearing and grubbing, maintenance of traffic, asphalt trench repair and driveway apron removal/replacement. The Delray Shores neighborhood is part of the City's 2" water main upgrade program. Change Order No. 1/Final, in the net contract reduction amount of $120,236.75, includes plus and minus quantity adjustment and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Attachments Include: Change Order No. 1 Final, Schedule "A", and a Location Map. This Change Order #1/Final is in compliance with Code of Ordinances, Chapter 36, Section 36.06, "Change Orders", (A)(2), "Within the Scope of Work". After final payment in the amount of $18,193.71 is made, residual funds, in the amount of $120,236.75, will be liquidated from Purchase Order #703882 to funding Account #442-5178-536- 68.93 (Water Sewer Renewal & Replacement Fund/Improvements Other/Delray Shores WM). City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-310, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: No funding is required; this is a deductive change order. Timing of Request: This item is time sensitive; contractor cannot be paid final payment for completion of the project until approved by Commission and the final change order is fully executed. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/ Final (Contract Closeout) PROJECT NO. 14-030 DATE: PROJECT TITLE: Delray Shores WM PH 2 TO CONTRACTOR: AKA Services, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $847,985.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $847,985.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($120.236.75) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $727,748.25 PERCENT DECREASE THIS CHANGE ORDER -14.17% TOTAL PERCENT DECREASE TO DATE +14.17% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Contractor Signature Date Type or Print Name and Title (Corporate Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A - No Funding is Required DEPARTMENT RECOMMEND: APPROVED: Environmental Services City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA By: ATTEST: By: Cary D. Glickstein, Mayor City Clerk S:\EngAdmin\Projects\2014\14-030 made file 5-13-14\0FFICIAL\Agenda Backup - CO #1Final AKA Services - Delray Shores WM PH2 GC 120815\COI Final AKA Services Delray Shores WM PH2 GC 010515.docx SCHEDULE"A" TO CHANGE ORDER NO. 1 / FINAL (CONTRACT CLOSEOUT) AKA SERVICES, INC. III INStIAMA .MNON I&M\19u•g1iMI11111119'11431016li►lllu1H01'19VIIA111 ITEM NO. DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY. UNIT PRICE TOTAL ACTUAL EXTENDED Qom, UNIT PRICE TOTAL PRICE QUANTADJ. GENERAL CONDITIONS 1 Site Mobilization/Demobilization LS 1 $ 25,000.00 $ 25,000.00 1 $ 25,000.00 $ 25,000.00 $ 2 Maintenance of Traffic LS 1 $ 4,500.00 $ 4,500.00 1 $ 4,500.00 $ 4,500.00 $ 3 As -Built Record Drawings LS 1 $ 8,300.00 $ 8,300.00 1 $ 8,300.00 $ 8,300.00 $ 4 NPDES Permit/Erosion Protection Measures LS 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 $ 1,200.00 $ 5 Professional Video & Construction Photographs LS 1 $ 4,000.00 $ 4,000.00 1 $ 4,000.00 $ 4,000.00 $ 6 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 $ POTABLE WATER MAIN 7 8" DIP (CL350) WM (Restraint Joint) LF 2,100 $ 37.00 $ 77,700.00 1,916 $ 37.00 $ 70,892.00 $ (6,808.00) 8 8" DIP (CL350) WM (Push -on Joint) LF 2,840 $ 35.00 $ 99,400.00 2,709 $ 35.00 $ 94,815.00 $ (4,585.00) 9 6" x 6" Tapping Sleeve & 6" Gate Valve EA 3 $ 3,000.00 $ 9,000.00 2 $ 3,000.00 $ 6,000.00 $ (3,000.00) 10 8" Gate Valve EA 25 $ 1,500.00 $ 37,500.00 25 $ 1,500.00 $ 37,500.00 $ 11 Fire Hydrant Assembly EA 5 $ 4,500.00 $ 22,500.00 5 $ 4,500.00 $ 22,500.00 $ - 12 Remove Existing Fire Hydrant Assembly EA 2 $ 1,000.00 $ 2,000.00 2 $ 1,000.00 $ 2,000.00 $ 13 DIP Compact Fittings (Cement Lined) TONS 3.0 $ 7,500.00 $ 22,500.00 2 $ 7,500.00 $ 18,25125 $ (4,248.75) 14 1" Single Water Service (short) EA 12.0 $ 1,000.00 $ 12,000.00 16 $ 1,000.00 $ 16,000.00 $ 4,000.00 15 1" Single Water Service (long) EA 4 $ 1,350.00 $ 5,400.00 4 $ 1,350.00 $ 5,400.00 $ - 16 2" Double Water Service (short) EA 13 $ 1,700.00 $ 22,100.00 13 $ 1,700.00 $ 22,100.00 $ 17 2" Double Water Service (long) EA 20 $ 1,800.00 $ 36,000.00 19 $ 1,800.00 $ 34,200.00 $ (1,800.00) 18 Connect to Existing WM LS 6 $ 1,850.00 $ 11,100.00 6 $ 1,850.00 $ 11,100.00 $ - 19 Sample Point EA 10 $ 250.00 $ 2,500.00 12 $ 250.00 $ 3,000.00 $ 500.00 20 Fill &Flush Assembly EA 3 $ 1,000.00 $ 3,000.00 2 $ 1,000.00 $ 21000.00 $ (1,000.00) 21 6" Line Stop EA 3 $ 4,000.00 $ 12,000.00 $ 4,000.00 $ - $ (12,000.00) 22 Remove Existing 2" WM, incl. Plugs LF 2,300 $ 1.00 $ 2,300.00 1,753 $ 1.00 $ 1,753.00 $ (547.00) 23 Remove Existing 6" WM, incl. Plugs LF 40 $ 1200. $ 480.00 12 $ 12.00 $ 144.00 $ (336.00) 24 Grout Exist. 2" WM, incl. Plugs LF 145 $ 1.00 $ 145.00 $ 1.00 $ - $ (145.00) 25 Grout Exist. 6" WM, incl. Plugs LF 2,300 $ 10.00 $ 23,000.00 2,261 $ 10.00 $ 22,610.00 $ (390.00) 26 Sewer Lateral Repair/Adjustments EA 10 $ 500.00 $ 5,000.00 $ 500.00 $ - $ (5,000.00) 27 Open Cut Pavement Trench Repair LF 900 $ 36.00 $ 32,400.00 361 $ 36.00 $ 12,996.00 $ (19,404.00) 28 1" Asphalt Mill & 1" Asphalt Overlay SY 11,000 $ 11.00 $ 121,000.00 11,113 $ 11.00 $ 122,243.00 $ 1,243.00 29 Swales SF 68,000 $ 1.00 $ 68,000.00 56,196 $ 1.00 $ 56,196.00 $ (11,804.00) 30 Asphalt Driveway Replacement SF 2,230 $ 7.00 $ 15,610.00 2,221 $ 7.00 $ 15,547.00 $ (63.00) 31 Concrete Driveway Replacement SF 10,600 $ 9.00 $ 95,400.00 8,408 $ 9.00 $ 75,672.00 $ (19,728.00) 32 Painted Concrete Driveway Replacement SF 315 $ 11.00 $ 3,465.00 294 $ 11.00 $ 31234.00 $ (231.00) 33 Brick Driveway Replacement SF 500 $ 22.00 $ 11,000.00 595 $ 2200. $ 13,090.00 $ 2,090.00 34 Remove Existing Driveway & Replace w/Sod SF 245 $ 2.00 $ 490.00 $ 2.00 $ - $ (490.00) 35 Header Curb LF 210 $ 25.00 $ 5,250.00 65 $ 25.00 $ 1,625.00 $ (3,625.00) 36 T Wide Concrete Sidewalk Restoration (4" thick) LF 240 $ 6.00 $ 1,440.00 377 $ 6.00 $ 2,262.00 $ 822.00 37 4' Wide Concrete Sidewalk Restoration (6" thick) LF 430 $ 6.50 $ 2,795.00 232 $ 6.50 $ 1,508.00 $ (1,287.00) 38 Flowable Fill CY 50 $ 150.00 $ 7,500.00 $ 150.00 $ - $ (7,500.00) 39 Clearing and Grubbing LS 1 $ 10,000.00 $ 10,000.00 1 $ 10,000.00 $ 10,000.00 $ ALLOWANCES 40 Undefined Underground Allowance - Reimbursement to AKA Services for payment to di Florida Health Department, for review and clearance of Water Mains. Approved by Deputy Director of Construction. 09/24/15. LS 1 $ 25,000.00 $ 25,000.00 0 $ 25,000.00 $ 100.00 $ (24,900.00) TOTAL ORIGINAL CONTRACT AWARD $847,985.00 $727,748.25 $ (120,236.75) Original Contract Award $847,985.00 Previously Approved Changes $0.00 Total Award/Approved to Date $847,985.00 CHANGE ORDER NO. 1 / FINAL $ (120,236.75) Final Contract to Date $727,748.25 Payments to Date $709,554.54 FINAL PAYMENT $18,193.71 Page 1 of 1 ----ter-- - o 0 ),VM 1S2 'M'N ro O P �JGNZZ'M'N M12Z 'M'N F W U r 2 „tiTH AVE. w 0 \� 160;v Molm . 1.i 1S3M 1 N w /,232J38NIVa H12JON n,g =E:] ❑ LLJ c3 = 3Nb) z a N213� '3AV H19Z M 'M'NE:l ❑ ❑ H19Z 2 = o ❑ z ❑ z = F- '3 V H1LZ 'M'N '3 N z U ❑ ❑ ❑ u > J VM 2J3ddVNS J w > O] 'M'N '3AV 'M'N w w } 3 z_ H16Z Q K ❑ ❑ U � > Z r ❑ ❑ ❑ ❑ _ ❑ ❑ 3AV H1N WN ZCD F� ❑ ❑ ❑ MN ❑ ❑2j 3AV 1S lC 'M' N ~ cD Z _j N w a Z O Cn Z z J O af 0 O � Q 0 OV02J 33N32JMVI '3AV aNZ£ 'M'N z CITY of DELRAY BEACH LOCATION MAP DATE:01/10/2014 4 ENVIRONMENTAL SERVICES DEPARTMENT DELRAY SHORES DELSHORES LOCMAP p p P 434 SOUTH SNANTON AVENUE, DELRAY BEACH, FLOFNDA 33444 PHASE 2 2013-028 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-294, Version: 1 TO: Mayor and Commissioners FROM: Randal L. Krejcarek, PE, Environmental Service Director THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 EMPLOYEE PARKING PILOT PROGRAM Recommended Action: Motion to Approve a License Agreement with Palm Beach County for use of the South County Courthouse Garage for an employee parking pilot program. Background: An important objective of the comprehensive parking program is to help alleviate congestion in the downtown core area. In conjunction with the Downtown Development Authority (DDA) and business owner stakeholder groups, the City has developed a strategy for an employee parking program. It is anticipated that 350 parking spaces in the downtown core area would be made available each evening for visitors if alternative parking could be located for employees that currently park in this area. With visitors arriving and leaving, it is likely that parking spaces will be available for at least 700 vehicles per evening. Staff has been working with the DDA and Palm Beach County to evaluate the feasibility of using the South County Courthouse Garage to test the viability of an employee parking program. A proposed agreement has been developed with Palm Beach County which includes: • Begin with 6 month pilot parking program • Weekdays - allow the use of 150 spaces starting 3:00 PM with an additional 200 spaces starting at 6:00 PM (total 350 spaces) • Weekends and holidays (when the courthouse is closed) - starting at 11:00 AM, 350 spaces are available • Employee rearview mirror hang tags - available to business owners @ $20 per tag per month invoiced quarterly • Staffing - garage will be staffed by the City at all times during utilization to ensure safety and cleanliness. • Revenue neutral program (hang tag sales not to exceed operational costs). • All cars must be removed prior to next court business day (Police Department will enforce). In developing the proposal, providing transportation between the courthouse and places of employment was carefully considered and determined to be cost prohibitive. Discussions with the City of Delray Beach Page 1 of 2 Printed on 1 21212 01 5 powered by LegistarT"^ File M 15-294, Version: 1 stakeholder group focused on encouraging employers to coordinate shifts and allow for employees to travel to the garage in groups. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The request is urgent as high sesason is upon us where parking is a critical component. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "Agreement") is made and entered into , 2015, by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of Delray Beach, hereinafter referred to as "City". WITNESSETH: WHEREAS, County is the owner of certain real property in Palm Beach County, Florida, known as the South County Courthouse located at 200 W. Atlantic Ave., Delray Beach, Florida; and WHEREAS, City desires to use the County owned parking garage at the South County Courthouse as depicted on Exhibit A attached hereto (the "Premises") for a downtown business parking program (the "Parking Program") designed to increase available parking spaces for downtown business customers by relocating parking for business employees to the Premises; and WHEREAS, the City seeks to increase downtown economic activity by improving parking availability and access; and WHEREAS, the Parking Program will be implemented on December 31, 2015 and run through May 31, 2016 as a pilot program to determine the level of business participation, the costs, and the impact on the local economy; and WHEREAS, the City and County will evaluate the results of the pilot Parking Program to determine if both deem it successful and viable as a long term program; and WHEREAS, County is willing to grant City a revocable license to use said Premises for the purposes defined herein and subject to the Special Conditions of Use as set forth in Exhibit "B" and the South County Courthouse Operations Plan, as set forth in Exhibit "C", both attached hereto and incorporated herein by reference. NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth on the part of the City to be observed and performed, the County hereby grants the City a revocable license to use the Premises as hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Recitals The foregoing recitals are true and correct and incorporated herein by reference. Page 1 of 8 Section 1.02 Premises The Premises which are the subject of this Agreement consist of the County owned parking garage at the South County Courthouse as depicted on Exhibit A. Such use shall not extend to the surface lot adjacent to the parking garage. Section 1.03 Length of Term and Commencement Date The term of this Agreement shall commence on December 31, 2015 at 3:00 PM and end on May 31, 2016 at 3:00 AM unless sooner terminated pursuant to the provisions of this Agreement. ARTICLE II LICENSE FEE Section 2.01 License Fee City shall be entitled to use the Premises without charge. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LICENSEE Section 3.01 Use of Premises and Hours of Operation City shall use the Premises solely and exclusively for parking for the City's Parking Program, subject to the Special Conditions of Use set forth in Exhibit B and the South County Courthouse Garage Operations Plan set forth in Exhibit C. City's hours of use shall be in accordance to the schedule of permitted hours as set forth in Exhibit C hereto. City shall not use, permit, or suffer the use of the Premises for any other business or purpose whatsoever. The use of the Premises by City shall not interfere with; 1) County's use of, access to and parking on the County's contiguous property, or 2) public use of, access to, and parking at the Premises for access to the Courthouse. City hereby agrees that all parking required by City, its agents, employees, or invitees shall be accommodated and confined to the Premises. City, at its sole cost and expense, shall provide all traffic control and enforcement necessary to ensure that City's use of the Premises does not interfere with County's use of the contiguous property and that there will be no entry or use of any County building on the contiguous property by the City's agents, employees or invitees. City may charge a fee of no more than $20.00 per month for the use of parking to cover the costs of the parking program only. No other use of the fees is permitted. City shall provide the County with a report at the end of the third and sixth months of this Agreement indicating the total amount of fees collected as well as expenses incurred in the operation and use of the Premises and in complying with the requirements of this Agreement. City acknowledges that the County will approve the City to collect a fee for parking when the revenues from same are accrued only to the City, the County, and/or the Delray Beach Public Library. Page 2 of 8 City acknowledges that while not a party to this Agreement, the County will only approve the License if the City's use does not interfere with, or is acceptable to the Delray Beach Public Library. Section 3.02 City's Work City shall have no right to make improvements, alterations or additions to the Premises. Section 3.03 Waste or Nuisance City shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect County's fee interest in the Premises. City shall not store or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents, including any petroleum products, used or produced in City's operations, on the Premises or in any manner not permitted by law. All refuse is to be removed from the Premises daily at City's sole cost and expense. City will keep the access to the Premises, the parking areas, driveways and other contiguous areas to the Premises free and clear of obstruction. Section 3.04 Governmental Regulations City shall, at City's sole cost and expense, secure any required permits and comply with all regulations of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to City or its use of the Premises, and shall faithfully observe in the use of the Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. City shall comply with all ecological requirements to operate its business on the Premises. To the extent permitted by law, City shall indemnify, defend and save County harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from City's failure to perform its obligations specified in this Section. Section 3.05 Non -Discrimination City shall assure and certify that it will comply with Title VII of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R2014-1421, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, gender identity and expression, or genetic information with respect to any activity occurring on the Premises. City has submitted to County a copy of its non-discrimination policy, which is consistent with the above as contained in Resolution R2014-1421, as amended, or in the alternative, if City does not have a written non-discrimination policy, it has acknowledged through a signed statement provided to County that it will conform to County's non-discrimination policy as contained in R2014-1421, as amended. Page 3 of 8 Section 3.06 Surrender of Premises Upon expiration or earlier termination of City's license to use the Premises, City, at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to the County in at least the same condition the Premises were in as of the date of this Agreement, reasonable wear and tear excepted. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 Responsibility of County and City County shall perform all routine maintenance and/or repairs to the Premises, provided, however, that City shall reimburse County the costs of any maintenance or repair required as a result of City's use. In the event of any damage to the Premises occurring during the licensed use, County may complete the necessary repairs and City shall reimburse County for all expenses incurred by County in doing so. ARTICLE V INSURANCE AND INDEMNITY Section 5.01 Liability Insurance City shall, during the entire Term hereof, keep in full force and effect General Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence combined single limit bodily injury and property damage liability and Workers Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for Premises - Operations, Contractual and Product Liability, Independent Contractors, Contractual Liability and Broad Form Property Damage Liability coverages. Section 5.02 General Provisions Except for Workers Compensation, all insurance policies shall name the County as Additional Insured. Such insurance shall be in an insurance company licensed to do business in the State of Florida and subject to the approval of the County's Risk Management Department. A Certificate of Insurance evidencing such insurance coverage shall be provided to the County at least fifteen (15) days prior to the Commencement Date, such Certificate indicating at least thirty (30) days prior notice of cancellation or adverse material change in coverage. In no event shall the limits of said insurance policies be considered as limiting the liability of City under this License Agreement. In the event that City shall fail to obtain and maintain in full force and effect any insurance coverage required to be obtained by City under this Agreement, County shall have the right of injunction, or County may immediately terminate this Agreement, notwithstanding any provisions herein to the contrary. Notwithstanding the foregoing, to the extent permitted by law, City shall and does nevertheless agree to indemnify, defend and hold Page 4 of 8 County harmless from any loss or damage incurred or suffered by County from City's failure to maintain such insurance. Section 5.03 Indemnification of County City shall, to the extent permitted by law, indemnify, defend and save County harmless from and against any and all claims, actions, damages, liability and expense in connection with: (i) loss of life, personal injury and/or damage to or destruction of property arising from or out of any occurrence in, upon or at the Premises; (ii) the occupancy or use by City of the Premises or any part thereof, or (iii) any act or omission of City, its agents, contractors, employees or invitees. In case County shall be made a party to any litigation commenced against City or by City against any third party, then City shall protect and hold County harmless and pay all costs and attorney's fees incurred by County in connection with such litigation, and any appeals thereof. Nothing contained herein shall be deemed a waiver of the City's sovereign immunities. Section 5.04 Waiver by City and City's Insurers of Subrogation In the event of loss or damage to the Premises, the City shall look solely to any insurance in its favor without making any claim against the County, and the City shall obtain and deliver to the County, from the insurer under each policy of such insurance, an agreement whereby such insurer waives subrogation of any claim against the County for loss or damage within the scope of the insurance, and the City, for itself and its insurers, waives all such insured claims against the County. ARTICLE VI UTILITIES Section 6.01 Responsibility for Utilities County shall be solely responsible for and promptly pay directly to the utility or other provider of such service all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. ARTICLE VII REVOCATION OF LICENSE Section 7.01 Revocation of License Notwithstanding anything to the contrary contained herein, the rights granted to City hereunder amount only to a license to use the Premises, which license is expressly revocable by County for any reason whatsoever upon notice to City. Upon City's receipt of notice from County of the revocation of the license granted hereby, this Agreement shall terminate and County shall be relieved of all further obligations hereunder accruing subsequent to the date of such termination. Page 5 of 8 ARTICLE VIII NHSCELLANEOUS Section 8.01 Entire Agreement This Agreement and any Exhibits attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between County and City concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon County or City unless reduced to writing and signed by them. Section 8.02 Notices Any consents, approvals and permissions by the County shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return, receipt requested, addressed: If to the County at: Parking Coordinator PBC Judicial Center Garage/Facilities Development and Operations 505 Banyan Blvd. West Palm Beach, FL 33401 If to the City at: City of Delray Beach City Hall Manager 100 N.W. 1St Avenue Delray Beach, FL 33444 If to the Library at: Executive Director Delray Beach Public Library 100 NW 1St Avenue Delray Beach., FL 33444 Section 8.03 Recording City shall not record this Agreement, or any memorandum or short form thereof, without the written consent and joinder of County. Page 6 of 8 Section 8.04 Waiver of Jury Trial THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER, IN CONNECTION WITH THIS AGREEMENT. Section 8.05 Governing Law and Venue This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. Section 8.06 Time of Essence Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK Page 7 of 8 IN WITNESS WHEREOF, County and City have executed this Agreement, or /have caused the same to be executed as of the day and year first above written. WITNESS: WITNESS: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney LICENSEE: CITY OF DELRAY BEACH, a municipal corporation of the State of Florida PALM BEACH COUNTY, FLORIDA, a political subdivision of the State Of Florida By: Audrey Wolf, Director Facilities Development & Operations APPROVED AS TO TERMS AND CONDITIONS Eric McClellan, Director Facilities Development & Operations Strategic Planning Page 8 of 8 Exhibit A Premises Map RN Tt�ll ali t Mic A v e I 41 W, IN Atlran tic Ave-. 41F i A - MA1 A W A4 W S t Premises outlined in black EXHIBIT B SPECIAL CONDITIONS OF USE 1. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 2. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or City. 3. City shall comply with the South County Courthouse Garage Operations Plan for City Use, attached hereto as Exhibit C, and incorporated herein by reference. 4. City shall be responsible for providing emergency access to the Premises during the Parking Program hours as they are defined in Exhibit C. City shall coordinate with the City of Delray Beach Police Department regarding the foregoing. 5. During the Parking Program hours of use, City shall place a sign at the entrance of the Premises that states: (i) the exact time that the Premises will close, and (ii) a warning that vehicles left in the Premises after closing may be towed. 6. As provided in Section 6.01, County shall be solely responsible for and shall promptly pay directly to the utility or other provider of such service all charges and assessments for water, gas, garbage and electricity, provided, however, the City shall be solely responsible for the costs of the custodial services required after each day's use including picking up and removing all litter and trash left at the Premises and emptying waste receptacles. 7. City shall be solely responsible for determining appropriate levels of security on an on- going basis, and for staffing, funding, and providing security for the use hereunder. 8. Notwithstanding anything in the Agreement that is or may be construed to the contrary, any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement shall survive the expiration or earlier termination of this Agreement. 9. If City employs a vendor(s) in connection with the permitted use of the Premises, as set forth in Article III, then such vendor(s) shall provide and maintain at its sole cost and expense, in a form and content acceptable to the County: (i) Commercial General Liability Coverage at a limit of liability of not less than $1,000,000 Each Occurrence; (ii) Workers Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes; and (iii) Garagekeeper's Liability Coverage with minimum limits of $100,000 per occurrence against Comprehensive and Collision/Upset causes of loss. When a per vehicle sublimit applies, the minimum sublimit shall be $50,000 per vehicle. An "on -hook" endorsement, or similar coverage, shall have a minimum limit of $50,000 per vehicle providing physical damage legal liability for the same causes of loss above on any vehicle while in tow. Any per vehicle or per occurrence deductible shall be the vendor's responsibility). Coverage shall not contain any endorsement(s) excluding nor limiting Premises/Operations, Personal Injury, Product/Completed Operations, Contractual Liability, Severability of Interests or Cross Liability. Coverage shall be provided on a primary basis. Notwithstanding the foregoing, County may require additional coverage(s) of the type(s) and in the amount(s) specified by the County based upon the requested use. 10. City shall provide County, at least fifteen (15) days prior to the date of the requested use, with a certificate(s) of insurance evidencing the required coverage(s) established in Article V and in Section 9 of these Special Conditions of Use. Such evidence shall in each instance name the County as both an additional insured and a certificate holder. The Additional Insured shall read "Palm Beach County Board of County Commissioners, a political subdivision of the State of Florida, its Officers, Employees and Agents". The Certificate Holder shall read "Palm Beach County Board of County Commissioners c/o FDO, 2633 Vista Parkway, West Palm Beach, Florida 33411-5603". 11. The initial evidence of all insurances required by this Agreement shall be delivered to: Palm Beach County c/o Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 and Palm Beach County Facilities Development & Operations Department 2633 Vista Parkway West Palm Beach, FL 33401 Email: PBCFacilityUsePermitkpbc og v.org Thereafter, during the term of the Agreement City shall provide such evidence of ALL required insurances to ITS via email at pbc@instracking.com or via fax to (562) 435-2999. Such evidence must be provided prior to the expiration date of each and every insurance required herein. EXHIBIT C SOUTH COUNTY COURTHOUSE GARAGE OPERATIONS PLAN FOR CITY USE General The City will use the Premises (referred to hereinafter as the "Garage") only to provide parking for employees of the City's downtown businesses who have been issued decals or other vehicle identifiers as a participant in the City's Parking Program. There is no "for-profit" use of the Garage permitted. The City is permitted to charge participants a reasonable parking fee, not to exceed $20.00 monthly, to enable City to recover only the actual costs of the Parking Program. Parking Program participants shall be instructed to first utilize empty spaces on the top floors of the Garage prior to parking in the lower level Garage parking spaces during Courthouse business hours (7:00 AM to 5:00 PM weekdays). Courthouse customers are permitted to enter the Garage until 5:00 PM on weekdays. Only vehicles with City issued decals or other Parking Program identification will be permitted to enter and park in the Garage after 5:00 PM. City's use is non- exclusive and County may permit other County uses of the Garage. II. Spaces and Hours of Permitted Use Permitted Hours. The hours of permitted use are set forth in the Hours/Spaces Table below. HOURS/SPACES TABLE DAY HOURS TOTAL PERNHTTED GARAGE SPACES Weekdays 3:00 PM — 6:00 PM 200 spaces Weekdays 6:01 PM — 3:00 AM 350 spaces Weekends/Holidays ( Courthouse Closed to Public) 11:00 AM — 3:00 AM 350 spaces New Years Eve thru New Year's Day 3:00 PM — 5:00 AM 350 spaces Other Closures variable variable 2. Garage Spaces. A. The permitted number of Garage parking spaces are set forth in the Hours/Spaces Table above. B. It shall be solely up to City to administratively manage, and operate the Garage (including on-site staffing during all hours of use) and ensure that the total spaces used do not exceed the number of parking spaces authorized above. C. The City of Delray Beach Police Department shall be the 1St responder to any and all calls for security and/or law enforcement incidents during the Parking Program hours of use pursuant to this Agreement. After responding to a law enforcement call for service (other than lost/locked keys), the Delray Beach Police Department shall call the PBSO Command Center at 561-355-6630 and describe the nature of the call and response so that PBSO can determine if any follow-up is required prior to opening for Courthouse business. Any security incidents, calls to PBSO or to the Delray Beach Police Department, accidents, slip and falls, or any incident resulting in a call to 911 must be reported immediately to Facilities Management at the contact numbers set forth below. In the event of an accident or injury resulting in a call to 911 occurring at the Garage, or at an entrance/exit of the Garage, the City vendor shall; 1) immediately notify Facilities Management at the contact information below; 2) complete an incident report (attached hereto as Attachment 1) and remain on site until the Garage is secured and all documentation requested/required by Facilities Management has been completed; and 3) immediately barricade off any accident area at the Garage to prevent alteration and/or access to the accident area pending direction from Facilities Management. 3. Other Closures. Other Closures are County closures of the Garage, which may be of the entire Garage or only part of the Garage. Such Other Closures may be required for repairs, maintenance, emergency operations, security related incidents or operations, or for such other purposes as County deems appropriate in County's sole discretion. Except for emergency closures such as security incidents or emergency repairs and/or maintenance, County shall make reasonable effort; to 1) provide reasonable advance notice of Other Closures; 2) schedule and perform Other Closures to minimize operational impact to City, and 3) cooperate with City to reduce the impact of Other Closures, such as closing only the specific area of the Garage that is impacted. Notwithstanding the prior sentence, County is not required to incur additional costs, or delay repairs or maintenance that County deems necessary for safety or required to prevent further deterioration or damage to the Garage. City is solely responsible for communicating with Parking Program participants concerning Other Closures. III. Keys 1. It will be the responsibility of the City's contracted vendor/staff to obtain the keys to the Garage from the County at the South County Courthouse each and every day prior to use. The City will provide the County with a list of vendor personnel and/or staff, including name, date of birth and driver's license number, who are authorized to obtain the keys. The approved written list shall be provided to County's Business & Community Agreements Manager at Dcoffma,nkpbc og v org. Such list may be updated in writing from time to time by transmitting the updated written list with highlighted changes to the Business & Community Agreements Manager. Those persons identified on the list shall be required to comply with the provisions of Ordinance 2003-030, as amended, the Criminal History Records Check Ordinance ("Ordinance") for unescorted access to the Garage which is a "critical facility" as identified in Resolution R-2013- 1470, as amended. City shall contact the County's Electronic Security & Services Division (ESS) Access Section by calling 561-233-0750 to obtain instructions for meeting the requirements of this Ordinance. Those persons identified on the list will call the ESS Access Section and make an appointment for fingerprinting. Upon successful completion of the background check, the individuals passing the background check requirement will be issued a badge. Keys will only be provided to persons who are on the list who have successfully passed the background check. 2. City and City's vendor shall safeguard the keys and shall not provide the keys at any time to any person (including City staff) unless they are on the approved list and no duplicate keys shall be made by City at any time. 3. Each weekday, after the Garage is empty, has been cleaned and fully secured, the City's vendor/staff will place the keys in the dropbox at the Garage provided for that purpose. 4. During a regular work week with no holidays, the City vendor/staff will obtain the keys from County at the South County Courthouse on Friday at 3:00 PM, and keep the keys until Monday when they are to be returned to the lockbox at 3:00 AM. 5. On long weekends or for holidays, the City vendor will obtain the keys from County at the South County Courthouse on the business day preceding the holiday or long weekend, and the City's vendor will return the key to the lockbox at 3:00 AM on the next day that the Courthouse is open for business. 6. The City must immediately notify County Facilities Management of any lost or misplaced key and shall be responsible for all costs of rekeying the Garage. IV. Closing 1. After performing a check to ensure all patrons and vehicles have exited, the City's vendor shall lock all gates and doors, including the stairwell access doors, ground level doors and exterior white gate. The keys shall be left in the lockbox after the Garage has been cleaned. On Fridays, Saturdays and holidays when the Courthouse is closed to the public on the next day, the keys will be retained by the City vendor until 3:00 AM of the morning that the Courthouse is next open to the public. 2. The Garage must be closed, cleaned and secured no later than 3:00 AM. 3. All vehicles are to be removed prior to 7:00 AM the next business day. V. Security 1. The City vendor will open and close the garage pursuant to instructions above. 2. The City vendor will assume all safety and security duties and responsibilities each day during the Parking Program hours of use and while any vehicle remains in the Garage until same is removed. The City will assume and be solely responsible for the safety and security of the garage and all vehicles, City employees, volunteers and all public users or program participants during the Parking Program hours of use and until all vehicles have been removed from the garage as required by this Agreement. 3. The Delray Beach Police Department is responsible for responding to emergencies at the parking garage during the Parking Program hours of use pursuant to this Agreement. The Palm Beach County Sheriff's Office ("PBSO") handles calls outside of the Parking Program hours of use. 4. The City vendor will man the entrance to the garage during all hours of operation and beginning at S:OOPM, or other time as permitted in the Hours/Spaces Table, a parking permit or other evidence that parker is an employee of a downtown business participating in the City Parking Program will be required for entrance into the Garage. 5. If the City vendor has to leave the garage, the garage will be secured and a sign posted until his/her return. 6. Any vehicle left in the garage after closing at 3:00 AM must be removed prior to 7:00 AM. The City may choose to have the vehicle towed or to have the Delray Beach Police Department try to locate the owner. Nevertheless, it is the City's responsibility to ensure removal of any vehicle left in the Garage no later than 7:00 AM. VL Maintenance 1. The Garage is to be cleaned prior to the vendor securing the Garage and returning the keys to the lockbox at 3:00 AM. 2. The clean-up shall include emptying trash receptacles and picking up litter and trash in the parking Garage and on the outer perimeter. 3. The City must provide routine spill maintenance and/or barricade off areas of the Garage that become unsafe, slippery or wet during the licensed use until such time that City has appropriately addressed and cleaned the area. 4. All cleaning up and removal of debris and/or litter must be completed prior to 3:00 AM. 5. Any damage to the Garage during the City's use must be immediately reported to Facilities Management at the contact number set forth in Article VII, "County Contact Information", prior to the vendor leaving the Garage for the evening. City vendor is responsible for taking immediate action to barricade off any damaged area from use to prevent further damage and/or injury to persons. 6. Problems with the elevators, lights, or other facility related mechanical items occurring during the licensed use shall be reported to Facilities Management as set forth in Article VII, "Contact Information for County" set forth below. VII. County Contact Information 1. Regular Business Hours. Contact information during regular business hours is to Facilities Management Gary Gellerman 561-276-1346 or 561-271-5188 and Parking Coordinator William Dart at 561-355-1755. 2. After Hours/Holidays/Weekends for Facility Issues: Contact information for after-hours, weekends and holidays is to County's Emergency Operations Center at 561-712-6428. Examples of Facilities Issues are power outages, elevator non -operational, gates not operating, etc. 3. After Hours/Holidays/Weekends for Non -Facility Issues: Contact information for after-hours, weekends and holidays is to PBSO Courthouse Command Center at 561-355- 6630. nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-280, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 LANDSCAPE MAINTENANCE AGREEMENT FOR 101 S.E. 7TH AVENUE Recommended Action: Motion to Approve acceptance of a Landscape Maintenance Agreement to allow the installation of landscaping within the S.E. 1St Street and S.E. 7th Avenue rights-of-way for the property located at 101 S.E. 7th Avenue. Background: The property measures 0.29 acres and is located at the southeast corner of SE 1st Street and SE 7th Avenue, within the Marina Historic District. A Class IV Site Plan Modification was approved by the Historic Preservation Board (HPB) for additions and alterations to the contributing structure which will result in the conversion of the two-story, two -unit structure to a single -unit, and two new units added to the south. The development plan provides an array of aesthetically pleasing and appropriate landscaping with variations in types and heights. The proposed plantings, which consist of Christmas Palms, Green Buttonwoods, Fishtail Palms, and Alexander Palms accented by groundcovers and shrubs, will compliment the property and new design aesthetic. A condition of approval was the acceptance of a landscape maintenance agreement for the proposed street trees. The action requested of the City Commission is the acceptance of a Landscape Maintenance Agreement for the propertly located at 101 SE 7th Avenue to allow the installation of landscaping within the SE 1st Street and SE 7th Avenue rights-of-way. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File M 15-280, Version: 1 City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" Prepared by: RETURN: Noel Pfeifer, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THOS AGREEMENT is made this Z V day of 5-C.0 »m 6 4, /z 20 !S by and between the City of Delray Beach, Florida ("City") and /57 1-t- ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping, and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of icy/ S4 `� — -f pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of %O -` .515' -7 ' '`t'` ` WHEREAS, the City reserves the right at any time to utilize the right-of�-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping, and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping, The subject property, further described in Exhibit "A shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway_ To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 5. if at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. I£ said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. b. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of -7 Tr' f „� � , or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. 8. Owner shall at all times hereafter indemnify, hold harmless and defend the City its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional or negligent act of, or omission of, Owner, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. to the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Owner shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City_ The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. 3 The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way- 9. ight-ofway. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. U. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach. County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf thisZ,41�?day of .jf fA'kM�tV , 20 (� ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA Im Mayor WITNESSES: (O ('`I/ A \/P6N VC Sic (Print or Type Name) (Print or Type Name) z7 y .'G.2 T Com'.'& �c5►[ % (Print or Type Dame) 4 STATE OF �/L/ COUNTY OF The foregoing instrument was acknowledged before me this2��' day of `r 'ate by o&e -v ren s" � , as 1'""v 96�.✓z ,�;,ssc >` (name of officer or agent, title of officer or agent), of '5- (name of corporation acknowledging), a Gv % (state or place of incorporation) corporation, on behalf of the corporation. Ho/She is personally known to me or has produced (type of identification) as identification. 2 .44pRY .2'��.. P%X ka 1j1j11411#####6## y Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped yet nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-293, Version: 1 TO: Mayor and Commissioners FROM: Jeffrey S. Goldman, Police Department THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 GRANT AWARD/FDOT/AGGRESSIVE DRIVING PROGRAM Recommended Action: Motion to approve application and acceptance of award from the Florida Department of Transportation (FDOT) for the Aggressive Driving/Speed Enforcement program in the initial award amount of $10,000. This award will be increased by an additional $10,000 each time the prior award amount is disbursed, until total of $50,000 has been awarded, or sooner, if the funds for the program are no longer available. Background: The Police Department has been notified of an award in the initial amount of $10,000 to support the Aggressive Driving/Speed Enforcement program. Funding from this award provides for overtime salary for officers that will engage in speed/aggressive driving enforcement activities. The Delray Beach Police Department believes that this funding will help to provide the citizens of Delray Beach with safer roads. FDOT's Highway Safety Program is designed to develop, implement, and manage a data -driven comprehensive traffic safety program aimed at saving lives, preventing injuries, and reducing related costs associated with traffic crashes on Florida's roadways.The Delray Beach Police Department seeks to protect the citizens of the City by increasing education and enforcement of highway safety regulations. This grant will provide funding support for those efforts. During the duration of the program, the members of the Police Department's Traffic/Motors Unit will conduct high visibility enforcement at major intersections where the majority of crashes occur in the City of Delray Beach. The Department was awarded a similar grant in 2010 and 2014, and those efforts were successful. After the initial award amount of $10,000 is disbursed, the award will be increased by an additional $10,000 if the funds for the program are still available at that time. This will repeat until the City is awarded total of $50,000, provided the funding is still available. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: The Finance Department recommends approval. Funding Source: City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File M 15-293, Version: 1 The reimbursable overtime for FY 15/16 will be funded in 001-2115-521-14.20 and 001-2111-521- 14.20 accounts. Reimbursement is provided through the Florida Department of Transportation (FDOT). Timing of Request: Is there time sensitivity to this matter? City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-065-01 SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFETY 09!15 For F.D. 0.T Use Only Project Number: SC -16-13-09 FDOT Contract Number: G0531 Federal Funds Awarded: $10,000.00 FDOT DUNS Number: 80-939-7102 Subgrant Award (Start) Date: Subgrant End Date: 9/30/2016 Revision Dates: , , , Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions) 1. Project Title: Delray Beach Police Speed/Aggressive Driving Enforcement Program 2. Federal Total Funding: $10,000.00 Match: $0.00 Cost: $10,000.00 3. Subrecipient Agency: 4. Implementing Agency: Name: City of Delray Beach Name: City of Delray Beach Police Address Line 1: 100 NW 1st Avenue Department Address Line 2: Address Line 1: 300 W. Atlantic Avenue City: Delray Beach, FL Address Line 2: State: FL City: Delray Beach Zip: 33444- State: FL Zip: 33444- 5. Federal ID Number or 29 Digit FLAIR Account Number (State Agencies):59-600308 6. DUNS Number:80-939-7102 7. Chief Financial Officer. 8. Project Director: Name: Jack Warner Name: Kristina Maricic Address Line 1: City of Delray Beach Address Line 1: City of Delray Beach Police Address Line 2: 100 NW 1st Avenue Department City: Delray Beach Address Line 2: 300 W. Atlantic Avenue State: FL City: Delray Beach Zip: 33444- State: FL Zip: 33444 - Telephone Number: {561 } 243 - 7115 ext. - Telephone Number: (561 ) 243 - 7852 ext. E -Mail Address: finance@mydelraybeach.com E -Mail Address: maricic@mydelTybeach.com 9. Financial Reimbursement Contact: 10. Project Activity Contact: Name: Jack Warner Name: Kristina Maricic Title: Chief Financial Officer Title: Project Director Telephone Number: (561 ) 243 - 7115 ext. Telephone Number: (561 ) 243 - 7852 ext. E -Mail Address: finance@mydelraybeach.com E -Mail Address: maricic@mydelraybeach.com 11. Payment Remittance Address: Address Line 1: City of Delray Beach Address Line 2: 100 NW 1st Avenue City: Delray Beach State: FL Zip: 33444- 500065-01 SAFETY 09115 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation 5. Milestones (Use form provided) 1.) Statement of the Problem: The purpose of the Highway Traffic Safety Program is to develop, implement, and manage a data -driven comprehensive traffic safety program aimed at saving lives, preventing injuries, and reducing related costs associated with traffic crashes on Florida's roadways. The City of Delray Beach is located along the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The city has approximately 70,000 year round residents. During the winter months, September through April, there is a sharp increase in winter residents and tourists. This increases our city's residency to approximately, 120,000. The city is approximately, 22 square miles and lies between West Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. A problem that exists and continues to increase in the City of Delray Beach is "Speeding/Aggressive Driving". Driving behaviors that are typically associated with aggressive driving include: excessive speed, following too closely, improper lane changes, Improper signaling during lane changes, Failure to obey traffic control devices, (red light violations, stop signs, yield signs, traffic signals, railroad signs, etc.). "The National Traffic Highway Safety Administration (NHTSA) calls the act of red light running as one of the most dangerous forms of aggressive driving". Due to staffing shortages and budget constraints this overtime grant will allow the Delray Beach Police Department Traffic Division/Motor Unit to increase enforcement and thus reduce crashes throughout the city. 2.) Proposed Solution: The members of the Delray Beach Police Department's Traffic Division/Police Motor Unit will conduct result -driven high visibility enforcement at major intersections where the majority of crashes occur in the City of Delray Beach. These divisions will deploy to documented roadways where speeding is a problem and vigorously conduct speed enforcement utilizing education, and through the issuance of warnings and citations. The Delray Beach Police Department currently utilizes two solar powered message boards. These signs are being used for public information and education methods. Areas in which the signs are used include: school zones and heavily traveled roads during peak driving times. The signs are also used during statewide traffic enforcement campaigns, such as: "Click it or Ticket". The Delray Beach Police Traffic Unit also utilizes a marked police radar trailer. This trailer is deployed in areas to include: school zones, and on roadways where speeding is a problem. This radar trailer is left in an area for one week and during that time it records statistical data. The traffic unit analyzes this data and deploys to these areas based on the statistical data recorded by the radar trailer. The Delray Beach Police Department regularly posts traffic campaigns and enforcement information on social media including: Delray Beach Police Department Facebook, Twitter and Instagram accounts 3.) Objectives: 1. Educate all Delray Beach Police Department Officers on aggressive driving, (areas of concern within the city, enforcement options and education 2 500-065-07 SAFETY 09115 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation 5. Milestones (Use form provided) 2. Increase public awareness of aggressive driving through education, (i.e. message boards, billboards, fliers, mini public service announcements, Facebook, Twitter and Instagram, etc.) 3. Reduce the number of crashes, fatalities, related speed and aggressive driving within the city limits by 3% compared to last years crash/fatality data. 4. Increase the number of enforcement contacts using solutions from proposal by 10%. 4.) Evaluation: The Delray Beach Police Department will utilize a combination of program evaluations oulined by the Florida Department of Transportation Safety Office (FDOT) to evaluate the overall success of the program. Initially, the traffic unit will use the formative approach and target locations where speed/aggressive driving high visibility saturations will occur. This will be done by using crash data at or near major intersections and city arteries where speeding is evident from continuing enforcement. The Delray Beach Police Traffic Unit will be continousiy recording traffic contacts during aggressive driving enforcement which will assist in conducting the process evaluation where statistical data including ongoing crash data, saturation data and citation data will drive where, when and how to conduct enforcement in a particular area. Traffic officers have access and regularly utilize the Delray Beach Police Department's in house computer software/data base to obtain the statistical data needed to conduct such evaluation. The overall success of the program will be determined during an outcome evaluation that will consider whether the program goals actually changed citizen driving behaviors therefore reducing crashes, injury crashes and fatalities in the City of Delray Beach 500-065-01 SAFETY 09115 Milestones Timetable for Milestones 151 Quarter (OCT, NOV, DEC) 2nd Quarter (JAN, FEB, MAR) 3rd Quarter (APR, MAY, JUN) 4th Quarter (JUL, AUG. SEP) Motor Unit will conduct enforcement outside normal business hours at major intersections where the majority of crashes occur in the City of Delray Beach. ❑ Increase public awareness of aggressive driving through education, warnings and traffic citations. [] Social Media (i.e. message boards, fliers, mini PSA's, Facebook, and Twitter) ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 500-065-01 SAFETY 09115 Part III: PROJECT DETAIL BUDGET Project Title: Delray Beach Police Speed/Aggressive Driving Enforcement Program Project Number: SC -16-13-09 FDOT Contract Number: G0531 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE -7 TOTAL FEDERAL MATCH COST FUNDS A. Personnel Services Overtime salary and benefits for $ 0 $0 $0 enforcement operations Overtime salary and (Benefits are defined as: $10,000 $10,000 $0 benefits for enforcement Hourly rate of pay multiplied by 1.5 operations FICA Education incentive pay) $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $10,000 $10,000 $ 0 B. Contractual Services $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 500-065-01 SAFETY 09115 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) 500-065-01 SAFETY 09115 Part III: PROJECT DETAIL BUDGET Project Title: Delray Beach Police Speed and Aggressive Driving Enforcement Program Project Number: SC -16-13-09 FDOT Contract Number: G0531 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE FEDERAL MATCH FTOTAL COST FUNDS D. Operating Capital Outlay $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 Total Cost of Project $10,000 $10,000 $ 0 Amendment Number: (FDOT Only) Effective Date: _ (FDOT Only) 500-065-01 SAFETY 09115 PART IV: QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS Project Title: Delray Beach Police Speed/Aggressive Driving Enforcement Program Project Number: SC -16-13-09 FDOT Contract Number: G0531 Implementing Agency: City of Delray Beach Police Department Performance Milestones Accomplished Indicators Number of Instances or Percentage Complete Quarter Quarter Quarter Quarter Ending Ending Ending Ending Project Totals December 31 March 31 June 30 September 30 Number of speeding citations issued by motor unit assigned to the speed/aggressive driving program 0 Numeber of speeding warnings issued by motor unit assigned to the speed/aggressive driving program 0 Number of stop sign citations issued by motor unit assigned to the speed/aggressive driving program 0 Number of stop sign warnings issued by motor unit assigned to the speed/aggressive driving program 0 Number of careless driving citations issued by motor unit assigned to the speed/aggressive driving program 0 Number of careless driving warnings issued by motor unit assigned to the speed/aggressive driving program 0 Number of child restraint citations issued by motor unit assigned to the speed/aggressive driving program 0 Number of aggressive driving boxes checked by the motor unit assigned to the speed/aggressive driving program 0 Number of under the influence arrests by motor unit assigned to the speed/aggressive driving program "persons arrested 0 Sao -ass -01 SAFETY 09115 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this Subgrant for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 - December 31, January 1 - March 31, April 1 - June 30, and July 1 - September 30. The implementing agency shall submit the Quarterly Progress Report and Quarterly Progress Report of Performance Indicators (FDOT Form No. 500-065-19) form to the FDOT State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report (FDOT Form No. 500-065-20), giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will not be processed and may be returned to the subrecipient or implementing agency as unpaid if the required reports are past due, following notification. 2. Responsibility of Subrecipient. The subrecipient and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subrecipient and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. 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 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 in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. 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. 4. Approval of Consultant and Contractual Service Agreements. The FDOT State Safety Office shall review and approve in writing all consultant and contractual service agreements prior to the actual employment of the consultant or the contractor by the subrecipient or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractual service agreement. All contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement (not to exceed the subgrant period); Total contract amount; Scope of work/Services to be provided; Quantifiable, measureable, and verifiable units of deliverables; Minimum level of service to be performed and criteria for evaluating successful completion; Budget/Cost Analysis; and Method of compensation/Payment Schedule. C 500-065-01 SAFETY 09115 All contractual service agreements shall contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), FDOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. All invoices for contractual services shall contain the following certification statement and must be signed by the contractor: All costs are true and valid costs incurred in accordance with the agreement, deliverables were received and accepted. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subrecipient. Only costs directly related to subgrant shall be allowable. 6. Travel. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06) or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 912.061, F.S and the most current version of the Disbursement Handbook for Employees and Managers. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-subgrant-specified work area travel shall require written approval of the FDOT State Safety Office prior to the incurring of actual travel costs as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. Prior written approval shall be obtained from the FDOT State Safety Office for hotel rooms with rates exceeding $150 per day that are to be reimbursed. Rates exceeding $150 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $150. 7. Subgrant Amendments. The subrecipient or implementing agency shall obtain prior written approval from the FDOT State Safety Office for changes to the agreement. Amendments to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subrecipient require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved subgrant. (b) Changes in budget items and amounts set forth in the approved subgrant. (c) Changes to personnel in positions that are being reimbursed by this agreement. Amendments to the subgrant agreement shall be in the form of a written request signed by the Authorized Representative of the Subrecipient or the Administrator of the Implementing Agency. Delegations of signature authority will not be accepted for amendment requests without prior written approval. S. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug -Free Workplace (Grants), herein incorporated by reference, the subrecipient shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subrecipient or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(8) and 41 U.S.C. 253(8) (currently $25,000). IIS 500-065-01 SAFETY 09115 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subrecipient or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subrecipient or its implementing agency to the FDOT State Safety Office. The subrecipient agrees that if the letter is not received in the 60 days, the FDOT State Safety Office may cancel the project and reobligate the funds to other program areas. The FDOT State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60 - day period, but only by formal written approval from the FDOT State Safety Office. 10. Excusable Delays. Except with respect to the defaults of subrecipient's or implementing agency's consultants and contractors which shall be attributed to the subrecipient, the subrecipient and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subrecipient or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subrecipient. If the failure to perform is caused by the failure of the subrecipient's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subrecipient, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subrecipient shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the subrecipient or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subrecipient or its implementing agency shall have failed to comply reasonably with such order. Upon request of the subrecipient or its implementing agency, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the end date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the end date of the subgrant are eligible for reimbursement. A cost is incurred when the subrecipient's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subrecipient or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subrecipient, the implementing agency, the subrecipient's consultants) or contractor(s) and supplier(s), the subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subrecipient and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Public Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subrecipient and its implementing agency, and to relevant books and records of the subrecipient, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to subrecipients. By entering into this agreement, the subrecipient and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subrecipient or its implementing agency is performed, the subrecipient agrees to bring the project into compliance with the subgrant agreement. The subrecipient further agrees to comply and cooperate 11 500-065-01 SAFETY 09115 with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The subrecipient and implementing agency agree to comply with all provisions provided in Chapter 119 Florida Statutes. If the subrecipient receives a public records request concerning its work undertaken pursuant to a Department contract, the subrecipient must take appropriate action as required by Chapter 119, Florida Statutes. If the subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant if the subrecipient or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subrecipient or its implementing agency in conjunction with the subgrant. Records of costs incurred under the terms of this subgrant shall be maintained and made available upon request to the Department at all times during the period of this subgrant and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Other Party's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 14. Audit. The administration of resources awarded through the Department to the subrecipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The subrecipient, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: (1) In the event the subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the subrecipient must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Part VI to this Agreement provides the required Federal award identification information needed by the subrecipient to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 12 500-065-01 SAFETY 09115 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. (2) In connection with the audit requirements, the subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. (3) In the event the subrecipient expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the subrecipient is exempt from Federal audit requirements for that fiscal year. However, the subrecipient must provide a single audit exemption statement to the Department at FDOTSingleAuditpdot.state.fl.us no later than nine months after the end of the subrecipient's audit period for each applicable audit year. In the event the subrecipient expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the subrecipient's resources obtained from other than Federal entities). (4) The subrecipient must electronically submit to the Federal Audit Clearinghouse (FAC) at httpsa/harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSin IeAudit dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. (5) Within six months of acceptance of the audit report by the FAC, the Department will review the subrecipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the subrecipient fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1.Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3.Wholly or partly suspend or terminate the Federal award; 13 500-065-01 SAFETY 09115 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5.Withhold further Federal awards for the Project or program; 6.Take other remedies that may be legally available. (6) As a condition of receiving this Federal award, the subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. (7) The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a�dot.state.fl.us (c) The subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 15. Cooperation with Inspector General. The sub recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 16. Retention of Records. The subrecipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53, 17. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre -audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation. Deliverables must be received and accepted in writing by the FDOT State Safety Office prior to payments. The subrecipient or its implementing agency shall submit financial reimbursement forms to the FDOT State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. At a minimum, reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Reimbursement of personnel costs shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non -Expendable Property Accountability Record (FDOT Form No. 500-065- 09). Reimbursement of Operating Capital Outlay costs shall not be made before receipt of this form. 14 500-065-01 SAFETY 09115 All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of reimbursement. The subrecipient agrees to forfeit reimbursement of any amount incurred if the final request is not submitted and/or postmarked by October 31 following the end of the subgrant period. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30 -day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(7), F.S., will be due and payable, in addition to the financial reimbursement request amount, to the subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the subrecipient requests payment. Financial reimbursement requests that have to be returned to a subrecipient because of subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. Reimbursement shall be made only after receipt and approval of goods and services. If the Department determines that the performance of the subrecipient is unsatisfactory, the Department shall notify the subrecipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the subrecipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the subrecipient shall be assessed a non-performance retainage equivalent to 10% of the total financial reimbursement request. The retainage shall be applied to the financial reimbursement request for the then current billing period. The retainage shall be withheld until the subrecipient resolves the deficiency. If the deficiency is subsequently resolved, the subrecipient may bill the Department for the retained amount during the next billing period. If the subrecipient is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for subrecipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 18. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 2 CFR, Section 200.315, Intangible property, herein incorporated by reference. 19. Property Accountability. The subrecipient or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, herein incorporated by reference. This obligation continues as long as the property is retained by the subrecipient or its implementing agency, notwithstanding the ending of this agreement. 20. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under the agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Address' are: 15 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-065-01 SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFETY oWas Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn! Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450 The subrecipient and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision(s). 21. Conferences and Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 22. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the FDOT State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21(a) above shall include the following statement on the cover page: (1) This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation, or any other agency of the State or Federal Government. 23. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subrecipient and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. 24. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subrecipient and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subrecipient, implementing agency, and its contractor, consultant, agents and employees. The subrecipient and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subrecipient's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 25. Disadvantaged Business Enterprises (DBE). (a) The subrecipient and its implementing agency agree to the following assurance: The subrecipient and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer 16 500-065-01 SAFETY 09/15 the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The subrecipient and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subrecipient, its implementing agency, or the Department deems appropriate. 26. Restrictions on Lobbying. The subrecipient and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies. Section 216.347, Florida Statutes. 27. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 28. Federal Requirement for Public Service Announcements, Marketing, and Advertisements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. Subrecipients that obtain subgrant funds to support paid advertising must provide the required Federal reporting information in their progress reports. 29. Public Service Announcements, Marketing, and Advertising. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: (1) What program/policy the paid media is supporting (2) How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol (3) The amount allocated for paid media (4) Anticipated creative costs associated with the paid media (5) The measures that will be used to assess message recognition and penetration of the target audience. The FDOT State Safety Office shall provide written approval for reimbursement if the paid media is appropriate for purchase under this agreement. Copies and/or images of all paid media purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT. The name of the subrecipient or implementing agency and its logo can appear on the paid media but the names of individuals connected with the subrecipient shall not appear when paid for with Federal highway safety funds. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by §112.312, Florida Statutes, which includes items such as tickets, seats, 17 500-065-01 SAFETY 09115 food, travel, apparel, memorabilia, etc., to any representative of this agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 30. Public Information and Education Items. Before printing or ordering any public awareness or outreach items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies and/or images of all public awareness or outreach items purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. All public awareness and outreach items will serve to educate or inform the public about safety issues, safety practices, or programs available to increase traffic safety. These items can be used in conjunction with a project to enhance awareness of an issue, brand a campaign, or provide a reminder message for the intended recipient after an activity is completed. When public awareness or outreach items are included in a subgrant activities, a plan outlining the purpose of the items is required to be included in the written request for approval. The plan should include the following: (1) Activity (2) Item description (3) Quantity (4) Cost (5) Target audience (6) Explanation of how the activity will help meet the objective of the project (7) Description of how the results of the activity will be used and reported All public awareness or outreach items reimbursed with subgrant funds shall contain a traffic safety message. Most public awareness or outreach documents printed on paper and used to educate or inform the public about traffic safety issues, safety practices, or programs available to increase traffic safety are allowable. Examples include activity books, brochures, posters, flyers, envelope stuffers, etc. Public awareness or outreach items must have a traffic safety purpose before the item is tagged, messaged, or branded in order to be allowable. Examples include tire gauges, traffic rescue tools, vehicle first aid kits, reflective safety items, etc. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation, or Funded by FDOT." shall appear on or in all items. The name of the subrecipient or implementing agency and its logo can appear on any of the public awareness and outreach items. The names of individuals connected with the subrecipient shall not appear on any printed materials, outreach items, and advertisements paid for with Federal highway safety funds. Outreach items cannot be freely distributed to the public without any action on a subrecipient's part. Persons receiving outreach items should interact with the subrecipient in some manner related to the goal of the project to receive them, such as attend a presentation, sign a pledge sheet, fill out a survey form, answer a traffic safety question, etc. The results of the interactive activity must be reported in the quarterly progress report. 31. Term of Agreement. Each subgrant shall begin on the date the last party signs the agreement and shall end on September 30, following, unless otherwise stipulated by the FDOT State Safety Office on the first page of the respective agreement. In the event this subgrant is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this In 500-065-01 SAFETY 09115 paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 32. Clean Air Act and Federal Water Poflution Control Act. For subgrant awards in excess of $100,000 the subreciplent and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), herein incorporated by reference. The subrecipient shall include this provision in all subcontract awards in excess of $100,000. 33. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the FDOT State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Positions created with subgrant funding shall continue to be funded by the subreciplent after federal funding ends in order to be eligible for future subgrant funding. Any and all employees of the subrecipient or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subrecipient or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subrecipient or its implementing agency. Personnel funded under the subgrant shall not hold the position of Project Director. The FDOT State Safety Office must pre -approve the advertisement, hire/replacement, and salary for any full time subgrant funded positions (excluding law enforcement positions). The FDOT State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with subgrant funds meet the requirements as specified by the subgrant. 34. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subrecipient and its implementing agency; however, the USDOT maintains an interest in the equipment and title vests in the subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the subrecipient or its implementing agency for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 35. Replacement or Repair of Equipment. The subrecipient and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Offices retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. 36. Ineligibility for Future Funding. The subrecipient and its implementing agency agree that the Department shall find the subrecipient or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part 11 of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 37. Safety Belt Policy. Each subrecipient and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant. K'. 500-065-01 SAFETY 09115 38. Occupant Protection. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant. 39. Certification for Equipment Costing More than $1,000 per Item. The head of any implementing agency purchasing equipment costing more than $1,000 per item shall send a letter to the FDOT State Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 40. Vehicles. Any agency receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance at least quarterly using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Chapter 6013-7.004 Florida Statutes. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the subrecipient or its implementing agency for the purposes described in the subgrant shall be subject to repossession by the FDOT State Safety Office. 41. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 42. Buy America Act. The subrecipient and its implementing agency agree to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act (23 U.S.C. 313 et seq) herein incorporated by reference. The subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product whose unit purchase price is $5,000 or more, including a motor vehicle, that is not produced in the United States. NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 20 500-065-01 SAFETY 09115 43. E -Verify. Subrecipients: (a) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 44. Program Income. Program income means gross income earned by subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final claim. Program income that the subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and subrecipient contributions rather than to increase the funds committed to the project. 45. Indirect Costs. If a subrecipient has a federally negotiated indirect cost rate, it may be applied to the subgrant. If a subrecipient does not have a federally negotiated indirect cost rate, a rate up to the de minimis indirect cost rate of 10% of modified total direct costs may be applied. A subrecipient may opt to request a lower or no indirect costs rate, even if it has a federally negotiated indirect cost rate. The State Safety Office will not coerce or negotiate with a subrecipient to reduce its indirect costs rate for this sugbrant, per federal regulation. Subgrants with indirect costs will be awarded based on cost benefit and available funding. 46. Impaired Driving Enforcement, Training and Reporting. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following: 1. NHTSA 24 hour Standardized Field Sobriety Tests (SFST) course within the last five years or an 8 hour SFST refresher course if the 24 hour SFST course was completed more than five years ago 2. Advanced Roadside Impaired Driving Enforcement (ARIDE) course within the last five years 3. Be an active certified Drug Recognition Expert (DRE) 4. Bean active certified DUI Instructor The State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report All law enforcement agencies that receive impaired driving subgrant funding should report participation in the Florida Law Enforcement DUI Challenge to the agencies regional Law Enforcement Liaison and participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, and Halloween. All law enforcement agencies shall conduct High Visibility Enforcement of impaired drivers while conducting enforcement under the subgrant. High Visibility Enforcement is: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. A strong emphasis of enforcement operations shall be during the hours of 6:00pm to 6:00am. Agencies should ensure that enforcement saturatio nlwolfpacklroving patrols are conducted in periods of no fewer than 3 consecutive hours. Use of subgrant funding will not be utilyzed or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. 21 47. Special Conditions. 22 500-065-01 SAFETY 09115 500-065-01 SAFETY 09/15 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA No, and Title: ti� 20.600- State and Community Highway Traffic Safety Program (NHTSA402 Funds) r_. 20.614 - National Highway Traffic Safety Administration Discretionary Safety Grants (NHTSA403 Funds) C' 20.616 - National Priority Safety Program (NHTSA405 Funds) *Federal Funds $$10,000.00 Awarded: Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for RBD: No *The federal award amount may change with supplemental agreements **Research and Development as defined at §200.87, 2 CFR Part 200 Federal resources awarded pursuant to this subgrant are subject to the following audit requirements: (a) 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards www.ecfr.gov (b) OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations www,whitehouse..qov/om b/circulars Federal resources awarded pursuant to this sub rant may also be sub'ect to the following: (a) OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments www.whitehouse.gov/omb/circulars (b) OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments www.whitchouse.gov/omb/circulars (c) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov 23 590-065-01 SAFETY 09115 Project Title: Delray Beach Police Speed/Aggressive Driving Enforcement Program Project Number: SC -16-13-09 FDOT Contract Number: G0531 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. (For FDOT Use Only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Authorized FDOT State Safety Office Representative Date: Date Signed Reviewed for the Florida Department of Transportation: By: Authorized FDOT Attomey Date: Date Signed SUBRECIPIENT City of Delray Beach Subrecipient Agency Name t' By:lln'A;�4k eiC. Signature of A horized Representative Name: Kristina Maricic Authorized Representative's Name Printed Title: Project Director Authorized Representative's Title Printed Date: J 1 Dqte Signed INPA 4_1142kd12levffel;awil By: Signature of Implementing Agency Administrator Name: Chief Jeffrey Goldman Agency Administrators Name Printed Title: Chief of Police Agency Administrator's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. 24 500-065-01 SAFETY 09115 Project Title: Delray Beach Police Speed/Aggressive Drivin Enforcement Program Project Number: SC -16-13-09 FDOT Contract Number: G0531 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBRECIPIENT City of Delray Beach Subrecipient Agency Name (For FDOT Use Only) STATE OF FLORIDA By: DEPARTMENT OF TRANSPORTATION Signature of Authorized Representative Name: Kristina Maricic By: Authorized Representative's Name Printed Authorized FDOT State Safety Office Representative Title: Project Director Authorized Representative's Title Printed Date: Date Signed Date: !1 f3 !� Date igned Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY By: By: Authorized FDOT Attorney Signature of Implementing Agency Administrator Name: Chief Jeffrey Goldman Date: Agency Administrator's Name Printed Date Signed Title: Chief of Police Agency Administrator's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is gmted in writin 24 500-065-01 SAFETY 09115 Project Title: Delray Beach Police Speed/Aggressive.Driving Enforcement Pro ram Project Number: SC -16-13-09 FDOT Contract Number: G0531 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBRECIPIENT City of Delray Beach Subrecipient Agency Name (For FDOT Use Only) STATE OF FLORIDA By: DEPARTMENT OF TRANSPORTATION Signa ure of Authorized Representative Name: Kristina Maricic By: Authorized Representative's Name Printed Authorized FDOT State Safety Office Representative Title: Project Director Authorized Representative's Title Printed Date: Date Signed Date: I DateSi ned Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY By: By: Authorized FDOT Attorney Signature of Implementing Agency Administrator Name: Chief Jeffrey Goldman Date: Agency Administrator's Name Printed Date Signed Title: Chief of Police Agency Administrator's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. 24 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-183, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 REVOCABLE LICENSE AGREEMENT BETWEEN PALM BEACH COUNTY, COMMUNITY SERVICES AND COMMUNITY ACTION PROGRAM FOR THE CITY'S NEIGHBORHOOD RESOURCE CENTER Recommend Action: Motion to Approve a Revocable License Agreement for a one (1) year term ending November 30, 2016 between the City, Palm Beach County, Community Services and the Community Action Program to provide services from the Neighborhood Resource Center (NRC). Background: The Neighborhood Resource Center (NRC) serves to enrich the quality of life and promote a sense of community through the delivery and connection of services that educate, develop leadership skills and promote volunteerism, civic engagement and productive lifestyles. The City, through this Agreement, will partner with the Palm Beach County, Community Services, Community Action Program, to host services at the City's NRC, located at 141 SW 12th Avenue. Under the Agreement, the City will provide access to office space, office/communications equipment and basic office supplies. The agency is currently approved to operate at the NRC and this Agreement is for a 1 -year term ending November 30, 2016. Palm Beach County, Community Services, Community Action Program is committed to address the needs of low-income residents in the City Of Delray by providing Low Income Heating Energy Assistance to those residents that are 150% above the Federal Poverty Guidelines and Community Service assistance (job training, financial literacy training, school readiness training) to those residents who are above 125% of the Federal Poverty Guidelines. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: This item is not time -sensitive. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT"^ t-z PALM BEACH COUNTY CERTIFICATE OF SELF INSURANCE COVERAGEPALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS �Ott1D4' Date Issued January 24, 2014 INSURED: SELF INSURED ACCOUNT NO. 103 PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ADMINISTERED BY: THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, ITS Gallagher Bassett Insurance Services, Inc. EMPLOYEES, AGENTS AND OFFICIALS This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend, nor alter the coverages or defense afforded by the self-insurance plans below. Type of Coverage Effective Expiration Limits of Liability - in Thousands Date Date GENERAL LIABILITY Bodily Injury, (X) Comprehensive Property Damage (X) Premises/Operations Personal Injury (X) Products/Completed Operations Until Combined (X) Contractual 11/1/90 canceled $200 per Claimant (X) Independent Contractors or $300 per Occurrence (X) Broad Form Property Damage revoked (X) Personal Injury Self -Insured in accordance with S.768.28 F.S. (X) Errors & Omissions AUTOMOBILE LIABILITY Bodily Injury (X) Any Auto Property Damage ( ) All Owned Autos 11/1/90 Until Combined (Private Passenger Autos) canceled $200 per Claimant ( ) All Owned Autos or $300 per Occurrence (Other than Private Passenger) revoked (X) Hired Autos Self -Insured in accordance with S.768.28 F.S. (X) Non Owned Autos WORKERS COMPENSATION AND 1/1/99 Until WC Statutory Limits - Florida EMPLOYERS LIABILITY canceled or revoked Self -Insured in accordance with S.440 F.S. BLANKET DISHONESTY BOND 11/1/90 Until $25 Per Occurrence canceled or (Including faithful performance, money & revoked Self -Insured in accordance with S. 768.28 F.S. securities & depositors forgery) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL/ITEMS: Re: All Operations of the Palm Beach County Board of County Commissioners CANCELLATION: Should any of the above described coverages be canceled before the expiration date thereof, the issuing County will endeavor to mail 10 days written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the County, its agents, or representatives. CERTIFICATE HOLDER Information Purposes Only NANCY L. BOLTON, DIRECTOR Risk Management Department, 100 Australian Avenue, Suite 200, W. Palm Beach, FL 33406 (561) 233-5400 REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this day of , 20 , by and between the CITY OF DELRAY BEACH, a political subdivision of the State of Florida ("CITY"), and PALM BEACH COUNTY, COMMUNITY SERVICES, COMMUNITY ACTION PROGRAM (CAP), located at 810 Datura Street West Palm Beach, FL 33401 ("LICENSEE"). WHEREAS, LICENSEE desires a revocable license for the non-exclusive use of office space based on an agreed upon schedule, shared services of the Staff Assistant, office/communications equipment, and basic office supplies to provide the following services for the Supportive Services for Veteran Families Program at the Delray Beach Neighborhood Resource Center: • Payments of light bills through the Low Income Heating Energy Assistance Program (LIHEAP) to residents who are 150% over the Federal Poverty Guidelines • Job training (For residents that are 125% over the Federal Poverty Guidelines. Currently training is available for jobs in 10 different disciplines) • Financial Literacy classes • Work and School readiness classes • Assistance with water bills when funds is available • Assistance with Rent when funds are available • Case management; and WHEREAS, CITY finds that the providing of said services promotes social and economic equality; and WHEREAS, CITY finds it to be in the public interest to grant LICENSEE a revocable license for the use stated herein under the terms and conditions set forth below; NOW, THEREFORE, WITNESSETH: IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. DESCRIPTION OF PREMISES: CITY hereby grants to LICENSEE the right, license, and privilege of using a portion of the property owned by CITY located at 141 SW 12th Avenue, Delray Beach, Florida 33444, which is more particularly described on Exhibit "A," attached hereto and made a part hereof ("Licensed Premises"), and in accordance with the terms of this Revocable License Agreement. 1 2. TERM AND RENEWALS: This Revocable License Agreement becomes effective on the date it is approved by the City Commission of the City of Delray Beach and is fully executed by both parties and terminates on the one year anniversary of such date, unless sooner terminated as per the terms of this Revocable License Agreement. CITY, acting through its Director of Community Improvement, may renew this Revocable License Agreement for three (3) additional one (1) year terms upon sixty (60) days' written notice from LICENSEE, before the end of the then current term, of its desire to renew this Revocable License Agreement. CITY, acting through its Director of Community Improvement, may terminate this Revocable License Agreement as indicated under Section 11, TERMINATION. Notwithstanding anything herein to the contrary, the parties agree that upon demolition of the Neighborhood Resource Center building, located at 141 SW 12th Avenue, Delray Beach, FL 33444, of which the Licensed Premises is a part, this Revocable License Agreement shall terminate without any further action. CITY shall not be liable for damage to any property of LICENSEE during demolition. 3. COMPENSATION: LICENSEE agrees to pay to CITY, as total compensation for the privileges granted herein, the total sum of ONE DOLLAR ($1.00) on the first day of the term, and on any renewal thereof, in advance, so long as this Revocable License Agreement is in full force and effect. LICENSEE shall pay all sales and use taxes levied or assessed under this Revocable License Agreement. 4. USE OF LICENSED PREMISES: LICENSEE, its employees, agents, or contractors shall use and occupy the Licensed Premises only to provide services for the Supportive Services for Veteran Families Program, including emergency and financial assistance, job readiness services, employment services, child care placement services, transportation and housing assistance, and related services. The Licensed Premises shall not be used for any other purpose whatsoever without written consent of CITY. LICENSEE covenants that it will not, without written consent of CITY, permit the Licensed Premises to be used or occupied by any person, firm, entity, or corporation other than LICENSEE, its employees, agents, or contractors. LICENSEE further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in, or upon said Licensed Premises, that no act shall be permitted and nothing shall be kept in or about said Licensed Premises that will increase the risk of any hazard, fire, or catastrophe, and that no waste shall be permitted or committed upon or any damage done to said Licensed Premises. LICENSEE shall not permit the Licensed Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 2 5. ALTERATIONS AND IMPROVEMENTS TO LICENSED PREMISES: LICENSEE may not make any alteration, adjustment, partition, addition, or improvement to the Licensed Premises, or any part thereof, without obtaining prior written consent of CITY. All requests by LICENSEE shall be in writing and shall contain all pertinent plans and specifications. All alterations, adjustments, partitions, additions, or improvements shall, at the CITY's sole discretion, remain the exclusive property of CITY or be removed by LICENSEE upon CITY's request. In the event that CITY shall request removal, LICENSEE shall perform, at its sole cost, removal in a manner that shall return the Licensed Premises to the condition in which it was received. Any costs necessary to restore or prepare the Licensed Premises for return shall be the sole responsibility of LICENSEE. All such alterations or improvements shall be made at the sole cost and expense of LICENSEE. LICENSEE shall keep the Licensed Premises in a clean, safe, and sanitary condition. 6. ASSIGNMENT OR SUBLETTING: LICENSEE shall have no authority to assign all or any portion of the Licensed Premises during any term of this Revocable License Agreement except to an affiliate of LICENSEE. Should LICENSEE attempt to assign this Revocable License Agreement other than to an affiliate of LICENSEE, then the Revocable License Agreement shall be terminated forthwith, automatically, by operation of this clause, without prior notice to LICENSEE. 7. PERSONAL PROPERTY AND DAMAGE: LICENSEE agrees that all personal property placed upon the Licensed Premises shall remain the property of LICENSEE, and shall be placed upon the Licensed Premises at the risk of LICENSEE. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16, Notices, below, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event that any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. 8. INSPECTIONS: CITY or its agents, or any authorized employee of said agent, may enter upon said Licensed Premises at all reasonable times and hours to examine same to determine if LICENSEE is properly maintaining the Licensed Premises according to the terms of this Revocable License Agreement. 9 9. INDEMNIFICATION: LICENSEE shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, LICENSEE, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Revocable License Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, LICENSEE shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Revocable License Agreement. To the extent considered necessary by CITY, any sums due to LICENSEE under this Revocable License Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Revocable License Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If LICENSEE uses a subcontractor, LICENSEE shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9. 10. INSURANCE: 10.1 LICENSEE shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Revocable License Agreement (unless otherwise provided), the insurance coverage set forth in this Article, in accordance with the terms and conditions required by this Article. 10.2 Such policy or policies shall be without any deductible amount unless otherwise noted in this Revocable License Agreement and shall be issued by approved companies authorized to do business in the State of Florida, with an AM Best financial rating of A- or better. LICENSEE shall pay all deductible amounts, if any. LICENSEE shall specifically protect the City of Delray Beach by naming City of Delray Beach as an additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. The official title of the certificate holder is City of Delray Beach. This official title shall be used in all insurance documentation. 0 10.3 Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($1,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Liability Policy as filed by the Insurance Services Office without restrictive endorsements excluding or limiting coverage for: Premises and/or operations. Explosion, Collapse and Underground Hazards Independent contractors. Products and/or Completed Operations for contracts. Broad Form Contractual Coverage applicable to this specific Revocable License Agreement, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 10.4 Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in the minimum amount required by Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. 10.5 LICENSEE shall furnish to CITY proof of insurance such as Certificate of Insurance and endorsements, Declarations pages or policies evidencing the insurance coverage specified by this Article within fifteen (15) calendar days of notification of award of the Revocable License Agreement. SECOND PARTY's failure to provide to CITY the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days shall provide the basis for the termination of the Revocable License Agreement. 10.6 Coverage is not to cease and is to remain in force until all performance required of LICENSEE is completed. All policies must be endorsed to provide CITY with notice of expiration, cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of the work, copies of renewal policies shall be furnished upon expiration. 10.7 CITY reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Revocable License Agreement, including, but not limited to, deductibles, limits, coverage, and endorsements. If LICENSEE uses a subcontractor, LICENSEE shall ensure that subcontractor names CITY as an additional insured. 11. TERMINATION: This Revocable License Agreement is merely a right to use, and grants no estate in the Licensed Premises. This Revocable License Agreement may be canceled by CITY, acting through its Director of Community Improvement, with or without cause, at any time during the term hereof, upon thirty (30) days written notice to the LICENSEE of its desire to terminate this Revocable License Agreement. It is expressly understood by the parties that LICENSEE is receiving from CITY a revocable license, which may be terminated at any time by CITY for any or no cause whatsoever. 12. MAINTENANCE, REPAIR, AND DAMAGE OF LICENSED PREMISES: It shall be the responsibility of LICENSEE to keep the Licensed Premises clean, safe, sanitary, and free from trash and debris. The upkeep and maintenance of all areas herein used by LICENSEE shall be borne by LICENSEE, and LICENSEE agrees to maintain the Licensed Premises in accordance with the terms and conditions of this Revocable License Agreement and consistent with prudent and well -reasoned maintenance procedures and techniques. LICENSEE shall be fully responsible for damage of any kind or nature to the Licensed Premises and CITY property located thereon caused by the use of the Licensed Premises by LICENSEE or invitees of LICENSEE. LICENSEE shall be fully responsible for any and all repairs or replacement deemed necessary by CITY to return the Licensed Premises and CITY property to the condition existing at the commencement of this Revocable License Agreement, normal wear and tear excluded. LICENSEE shall give to CITY, or its agent, prompt written notice, in compliance with the provisions of Section 16 below, NOTICES, of any occurrence, incident, or accident occurring on the Licensed Premises. In the event any damage should occur to the Licensed Premises, LICENSEE shall promptly notify CITY. CITY has no knowledge of any issue or condition of the Licensed Premises that would make such Licensed Premises unsafe to LICENSEE's personnel, such as environmental hazards, hazardous substances/materials, and structural and mechanical deficiencies. D 13. AMENDMENTS: No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto, with the same formality and of equal dignity herewith. 14. SURRENDER UPON TERMINATION: LICENSEE shall peaceably surrender and deliver the Licensed Premises to CITY, or its agents, immediately upon expiration of the revocable license term or upon termination of this Revocable License Agreement. LICENSEE further agrees that it will leave the Licensed Premises in the condition existing at the commencement of this Revocable License Agreement, all alterations, adjustments, partitions, additions, or improvements excepted, and normal wear and tear excepted, subject to the repair and maintenance obligations provided in this Revocable License Agreement. 15. MATERIALITY AND WAIVER OF BREACH: CITY and LICENSEE agree that each requirement, duty, and obligation set forth herein was bargained for at arms -length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Revocable License Agreement, and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this Revocable License Agreement shall not be deemed a waiver of such provision or modification of this Revocable License Agreement. A waiver of any breach of a provision of this Revocable License Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Revocable License Agreement. 16. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: 7 Notice to CITY shall be addressed to: City of Delray Beach, Director of Community Improvement 100 NW 1st Avenue Delray Beach, FL 33444 Notice to the LICENSEE shall be addressed to: Kelvin Bledsoe, Division of Community Action Program 810 Datura Street West Palm Beach, FI 33401 17. INDEPENDENT CONTRACTOR: LICENSEE is an independent contractor under this Revocable License Agreement. Services provided by LICENSEE pursuant to this Revocable License Agreement shall be subject to the supervision of LICENSEE. In providing such services, neither LICENSEE nor its agents shall act as officers, employees, or agents of CITY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Revocable License Agreement. 18. CONTINGENCY FEE: LICENSEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for LICENSEE, to solicit or secure this Revocable License Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for LICENSEE, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Revocable License Agreement. For a breach or violation of this provision, CITY shall have the right to terminate this Revocable License Agreement without liability at its discretion, or to deduct from the Revocable License Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 19. THIRD PARTY BENEFICIARIES: Neither LICENSEE nor CITY intends to directly or substantially benefit a third party by this Revocable License Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Revocable License Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Revocable License Agreement. 9 20. COMPLIANCE WITH LAWS: LICENSEE shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Revocable License Agreement. 21. SEVERANCE: In the event this Revocable License Agreement or a portion of this Revocable License Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or LICENSEE elects to terminate this Revocable License Agreement. The election to terminate this Revocable License Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 22. JOINT PREPARATION: The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Revocable License Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 23. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Revocable License Agreement by reference, and a term, statement, requirement, or provision of this Revocable License Agreement, the term, statement, requirement, or provision contained in this Revocable License Agreement shall prevail and be given effect. 24. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Revocable License Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Revocable License Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth Judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Revocable License Agreement shall be 9 exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS REVOCABLE LICENSE AGREEMENT, LICENSEE AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS REVOCABLE LICENSE AGREEMENT. 25. PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this License that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 26. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A" is incorporated into and made a part of this Agreement. 27. REPRESENTATION OF AUTHORITY: Each individual executing this Revocable License Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Revocable License Agreement, duly authorized by all necessary and appropriate action to execute this Revocable License Agreement on behalf of such party and does so with full legal authority. 28. MULTIPLE ORIGINALS: This Revocable License Agreement may be executed in four (4) copies, each of which shall be deemed to be an original. 29. PUBLIC RECORDS: LICENSEE shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, LICENSEE agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost 10 that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the LICENSEE at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the LICENSEE. e) If LICENSEE does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 30. INSPECTOR GENERAL: LICENSEE is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from LICENSEE and its sub licensees and lower tier sub licensees. LICENSEE understands and agrees that in addition to all other remedies and consequences provided by law, the failure of LICENSEE or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement justifying its termination. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: Print Name: STATE OF COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: Cary Glickstein, Mayor PALM BEACH COUNTY, COMMUNITY SERVICES, COMMUNITY ACTION PROGRAM By: Print Social Security No.: or Federal Tax .No.: The foregoing instrument was acknowledged before me this day of 2015, by (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. Signature of Notary Public - State of Florida 12 Exhibit "A" Location of Shared Office Space KITCHEN ROOM 5 ROOM 4 ROOM 3 ROOM 2 ROOM 1 C.R.0.S. C.R.0.S. Comm Comm C.R.0.S. Action Action CONFERENCE ROOM 7 ROOM 6 ROOM Legal Aid C.R.0.S. RECEPTION Faith Hope Love Urban League 13 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-149, Version: 1 TO: Mayor and Commissioners FROM: Randal Krejcarek, Director Environmental Services THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 APPROVAL OF RESOLUTION 71-15 ENDORSING THE APPLICATION FOR THE DESIGNATION OF THE EAST COAST GREENWAY TRAIL Recommend Action: Motion to Adopt Resolution No. 71-15 providing its support to designate State Road A -1-A, George Bush Boulevard and North and South Federal Highways as a shared -use pathway, within the City of Delray Beach, as a link within the East Coast Greenway Trail System. Background: The Palm Beach Metropolitan Planning Organization (MPO) on behalf of the East Coast Greenway Alliance (ECGA) and the Florida Department of Transportation (FDOT) has requested that the City of Delray Beach endorse the designation of portions of SR A1A, George Bush Boulevard. and North/South Federal Highways as a shared -use pathway within the City limits. If approved by ECGA the pathways will officially become part of the East Coast Greenway (ECG). The goal is to have all designation approvals in place so that the ECGA can officially approve this facility as part of the official routing. After the City's endorsement , final approval for designation shall come from the FDOT since the majority, except for one very small segment , is located within the FDOT right-of- way. The ECG currently connects major cities along the East Coast in 15 different states. The ECGA was founded in 1991 as a national non-profit organization to plan and promote a greenway that would connect existing and planned trails into a continuous 3,000 -mile "spine route" between Atlantic coast cities. With a span that covers the Atlantic seaboard from Maine to Florida, the 3,000 -mile ECG route is composed of locally owned and managed trail segments that combined a firm -surfaced off- road route that serves non -motorized travelers for recreation, exercise, transportation and tourism purposes. The launch of the ECG is considered one of the nation's most ambitious long-distance urban trail projects, aimed at forming a traffic -free route between Calais, Maine at the Canadian border and Key West, Florida, the southernmost part of the United States. The goal of the ECGA is to establish an "Urban Appalachian Trail". Portions of SR A1A provide a shared -use pathway (between 8 feet to10 feet wide urban trail) in Delray Beach that extends over 3.1 miles between the north and south City limits. Staff would work with the ECGA to post ECG route markers, provided by ECGA, at mutually acceptable locations. The markers clearly identify local trails as part of the ECG and would increase public awareness of the local link to this national urban route. With approval of this resolution, the City of Delray Beach endorses the designation of portions of SR Al as a shared -use pathway within the City limits, to officially become part of the ECG. The designation of this trail is consistent with the recreational objectives of the beach area master plan. City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-149, Version: 1 The trail as proposed includes completed and uncompleted portions. The completed trail is the 8 to 10 foot wide unmotorized pathway that begins on the east side of SR Al A, south of Beach Drive, and proceeds south to the east side of SR A1A and Casuarina Road. The uncompleted portions of the trail begin at: 1) North and South Federal Highway from Delray Beach / Boynton Beach City Limits 2) Geoge Bush Boulevard at Federal Highway to SR AIA continuing to Beach Drive 2) SR A1A at Casuarina Road to the Delray Beach / Highland Beach City Limits. Attachments include: Location Maps for ECG Trail: Entire Trail (uncompleted and completed) Resolution 71-015 Legal Review: Approved as to form and legal sufficiency. Financial Review: There is no financial impact to the City. Operating Cost: What are the short and long term costs associated with owning or operating the equipment or facility? Timing of Request: Timing of this Request is of High Importance for Coordination with the Palm Beach County MPO and the FDOT. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ —/aca D3Of N Q a k Z ` F— W J.0 J Q m J o J m r � i of Of LL F -w O W J p W �� Cc LL CL 0 CL LLL ~ �. Q z a m z _ I = QD C3 w p m m p >, cd - = op 3 C aN =� O Z >Qz� �o� m pM WJ Of M, °0acli I o¢ F- MF- Jm�/� M� LL EJ w�p0LVU cli m0CDF- cc WJ C)nn m LL W ZHIT m W cc a �� O _ _ a w m o�a�o Cf) TTT� ❑ T__ O �aoa Cc W �aao b a w J Q W U F- 0U CE j o 1 } z o as Ne J J F- 0 z i az JZ _ (�O N� Tm wdbZ:S—SIOZ'ZL'ON uo DJ moq 6q Pa}}old 6mP'HAON dVW llVK 003\1IV& AVMN33210 1SV00 1SV3\OOZ—SIOZ\S1DafOJd\OOV06u3\:S RESOLUTION NO. 71-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING ITS SUPPORT TO DESIGNATE STATE ROAD A1A, GEORGE BUSH BOULEVARD AND NORTH AND SOUTH FEDERAL, HIGHWAYS AS A SHARED - USE PATHWAY, WITHIN THE CITY OF DELRAY BEACH, AS A LINK WITHIN THE EAST COAST GREENWAY TRAIL SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Delray Beach desires to endorse a proposal to designate the State Road A1A, George Bush Boulevard, and North/South Federal Highways as a shared -use pathway, within the City limits, as a link within the East Coast Greenway Trail System; and WHEREAS, the East Coast Greenway Alliance seeks to establish a 3,000 mile shared -use pathway that will pass through Palm Beach County to connect cities along the eastern seaboard from Calais, Maine to Key West, Florida that services non -motorized travelers for transportation, recreation, exercise, and tourism purposes; and WHEREAS, State Road A1A, George Bush Boulevard, and North/South Federal Highways as designated as shared -use pathways in Delray Beach which extends approximately 6.3 miles between the north and south City limits will serve bicyclists, pedestrians, and other non -motorized users, both local residents and long distance travelers; and WHEREAS, the goal of the Greenway is to encourage people of all ages and abilities to increase the time they spend outdoors, offering improved health and physical fitness through improved access to their communities, by providing, in most cases, an off-road route separated from vehicle traffic; and WHEREAS, the Greenway, by offering tourists and residents alike access to cultural and historical sites, will bring economic benefits to the communities and businesses along the route in Palm Beach County and encourage active transportation modes in the form of bicycling and walking; and WHEREAS, the proposed East Coast Greenway shall further be defined as a completed or uncompleted trail; and C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@000636B5\@BCL@000636B5.doc NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach hereby declares its support for the designation of the State Road AIA, George Bush Boulevard, and North/South Federal Highways a shared -use pathway within the City of Delray Beach as a link within the East Coast Greenway Trail System. Section 2. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 3. All resolution or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City of Delray Beach this day o City of Delray Beach, Florida CARY D. GLICKSTEIN, MAYO R ATTEST: Chevelle D. Nubin, City Clerk COUNCIL VOTE YES NO ABSTAINED MAYOR CARY GLICKSTEIN VICE MAYOR SHELLY PETROLIA VICE MAYORAL JACQUET COMMISSIONER JORDANA JARJURA COMMISSIONER MITCH KATZ C:AUsers\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\gBCLg000636B5\gBCLg000636B5.doc nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-341, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT Recommended Action: Motion to Approve a Vote Processing Equipment Use and Elections Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. Background: The attached agreement details and allocates the duties, responsibilities and fees associated with conducting municipal elections. Exhibit A outlines examples of municipal election costs, some to be allocated on a pro -rated basis with other municipalities holding elections on the same date. The City of Delray Beach's Municipal (Special/Referendum) Election is scheduled for Tuesday, March 15, 2016. The agreement provides for an effective date of January 1, 2016 with a one-year term which would cover municipal and runoff elections, if necessary, and any special elections. Please note: the language in the indemnification paragraph states that we are required to defend all legal challenges related to the election, even if it is the fault of the Supervisor of Elections Office. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: This item is time sensitive as it has to be provided to the Palm Beach County Supervisor of Elections this month. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT"^ AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE "INSERT MUNICIPALITY NAME" THIS AGREEMENT, is made and entered into this day of 2015, effective January 1, 2016, by and between the Palm Beach County Supervisor of Elections, an elected county officer_pursuant to_Article_VIII, Sec.I (d) of the Florida Constitution, hereinafter referred to as the "SOE", and the [insert name of municipality] , a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code") which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terns of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run -Off, Special and Recount elections as necessary as well as the Post Election Audit, unless otherwise stated hereinbelow. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of [ Name of Municipality's ] General Municipal election is March 15, 2016. It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on a pro -rata share basis; otherwise, it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY: The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places or poll worker training facilities within its dominion and control. Examples of municipal elections charges related to certain services performed by the SOE to be passed through to the Municipality on a shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2nd Tuesday in March or November) are attached here as Exhibit A. All items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30) days of receipt of an invoice from the SOE with documentation verifying the charges. Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according to statutes and charter at its own expense. (b) Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality's election, provide ballot language for any ballot questions within the resolution if applicable and appoint at least 3 members of the Municipality's Canvassing Board, which may or may not include the SOE, at the SOE's discretion. (c) certify that the registered voter information provided by the SOE to the municipality reflects the proper boundaries of the city and notify the SOE of any changes. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing. B. Qualifying Candidates and Petition Initiatives (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. (f) Provide all necessary information and materials for petition initiative process 2 (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates or for petition initiatives and notify the municipality of such results upon the close of the candidate qualifying or petition initiative deadlines as applicable. C. Ballots (1) Municipality (a) Review, amend (if necessary) and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable. (c) Pay ballot design costs to the SOE as incurred. (d) Pay the ballot printer directly for the cost of said ballots. (e) Reimburse the SOE for costs incurred for translation and audio recording of ballot. (f) Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, proof and deliver ballot layout to the printer. (b) Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic & Accuracy test. (b) Conduct public Logic & Accuracy test. E. Early Voting — Optional (1) Municipality (a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. (b) Pay SOE for Early Voting supplies. (c) Contract with, schedule and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites €hifty (30) 120 days prior to each Election and notify SOE in writing of locations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE. F. Absentee Voting (1) Municipality (a) Reimburse SOE for all postage costs incurred at the current postal rate. (b) Pay SOE for materials and handling of each absentee ballot. (c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. 0) Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places (1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty (30) days prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used no later than noon the Friday after the municipal candidate qualifying deadline. (e) Notify the SOE not less than 30 days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. F1 (2) SOE (a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s). H. Precinct Supplies (1) Municipality (a) Pay SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night. (c) Pay SOE for the production of Precinct Registers or for programming electronic poll books and related communication fees. (d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers or electronic poll books for each polling place location. (b) Provide Master CD compilation of registered voters for precinct advisors or provide up to date electronic poll books. (c) Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e) Provide laptop computer at each polling place or electronic poll books. (f) Provide CD of voter file database for each polling place or up to date electronic poll books. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes and affidavit forms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (1) Municipality (a) Contact, contract with and pay poll workers directly (using only poll workers who are currently on the SOE list, or individuals who have successfully completed required training). (b) Schedule and notify poll workers of training classes. (c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. (d) Reimburse SOE for expenses incurred in printing training material. (e) Reimburse SOE for expenses incurred for trainers to train poll workers. (f) Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a) Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers. (e) Provide printed training materials for poll workers. J. Election Day Support (1) Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m. and open for voting promptly at 7:00 a.m. on Election Day. (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting. (c) Reimburse SOE for all phone bank costs. (2) SOE (a) Provide an additional list of poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. (c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day. (d) Act as member of Canvassing Board. (2) SOE (a) Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act, or appoint a designee to assist and act on the SOE's behalf, as a member of the Municipality's Canvassing Board if desired by the municipality and approved by the SOE or act as a member of the County Canvassing Board if it canvasses the municipality's election, if allowed by law. (c) Post election results on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day. L. Post Election Day (1) Municipality 71 (2) SOE (a) Provide the Municipal Clerk with an official certification of election results if allowed by law. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. (d) Sort, inventory, pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board, as required by law. (f) Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who voted on Election Day. M. Audit (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit. (b) Reimburse SOE for any staff time or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(s) that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount, with support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule 1 S-2.031. Recount Procedures; and Rule 1 S- 2.027. Standards for Determining Voter's Choice on a Ballot. (g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses required to conduct the Recount. 11 (2) SOE (a) Post public notice(s) of the Recount with the time and location. (b) Test tabulating equipment as required by Sec. 101.5612, Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. INDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of the Municipality's negligence in connection with performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for the 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. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other's negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between the Municipality and the SOE relating to a municipal election governed by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing party. Notwithstanding the above, the municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs including attorneys' fees for such defense of the Municipality and the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. 6. In the event of a Special Election, the municipality shall receive the approval of the Supervisor of Elections for the actual election date no later than 90 days prior to a Special Election unless otherwise provided in law. The expense of any Special Election shall include all actual costs incurred by the Supervisor of Elections, including hourly and salaried staff costs and other related election expenses as documented. 7. TERM: This Agreement shall begin on the effective date January 1, 201-56 and continue for a term of one year in order to cover Special Elections, if any, and may be modified by mutual agreement of the parties. Any proposed changes to this Agreement shall be provided to the municipalities no later than August 1 of the applicable year, or as soon as practicable. 8. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 9. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, 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 parry written instructions to contact another individual. For the SOE: For the Municipality: Supervisor of Elections Name 240 S. Military Trail Street Address West Palm Beach, Florida 33415 Municipality, FL Attention: Susan Bucher 1 Attention: Manager 10. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. 11. By signing this contract, you and your municipality approve the contract as a form of legal sufficiency and certify that this contract has met all of the legal requirements of your Municipal Charter and all other related laws. 12. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 2015/6. As to the SOE: WITNESSES: SUPERVISOR OF ELECTIONS PALM BEACH COUNTY Susan Bucher Date: As to the MUNCIPALITY: 7 ATTEST: Municipal Clerk INSERT NAME OF MUNICIPALITY Mayor (Affix Municipal Seal) Date: 10 Palm Beach County Supervisor of Elections Schedule of Municipal Election Fees Presidential Preference Primary and Municipal Elections Tuesday, March 15, 2016 A. Set up Fee $400.00 - Prepare Ballot layout, ADA Ballot Access, ePollbooks - Post election results on SOE website and Channel 20 B. The additional costs listed below will be based on the actual expenses incurred by the municipality and included in the post election invoice. - Ballot language translations - Precinct ballot costs for Non Partisan ballots - Absentee ballot costs for Non Partisan ballots - Cost of additional ballot card if required, due to additional ballot wording by municipality, plus additional postage amount Palm Beach County Supervisor of Elections 2016 Municipal Election Run -Off Fees * ABSENTEE BALLOTS Set up Absentee Ballot fee ' 0.13 Voter Absentee Ballot requests - staff time 0.89 Absentee Ballot - materials and postage 2.20 Absentee Ballot prep and mailing - staff time 0.50 Recording/verification of Absentee Ballot returns - staff time 0.89 Notification to Absentee Ballot voter regarding disposition of Canvassing Board 0.09 COST PER ABSENTEE BALLOT 1 $ 4.70 Preparation of audio ballot and language translation TBD Ballot preparation and layout - Voting Equipment Center and IT 294.23 Publish legal notices - L&A testing, AB canvassing TBD L&A test development 147.12 Provide certification of registered voters after book closing 33.48 Prepare ePoll books - IT 80.16 Provide polling place supplies - signs, cones, tables, chairs, etc. 25.00 Assist in finding poll worker replacements 54.84 Election Day support 330.60 Election Day staff overtime 463.59 Palm Beach County Supervisor of Elections 2016 Municipal Election Run -Off Fees * ss of Absentee Ballots Post election results - SOE website and Channel 20 duct post election audit Provide election results COST PER MUNICIPALITY PRECINCT SERVICES repare election materials - Voting Equipment Center Staff repare equipment cabinets and routing of voter equipment repare precinct scanners and ADA Touch screen equipment Poll book programming and prep time - IT staff Poll book Data Service - 2 ePoll books per precinct Management of voting history (post election) Notification to provisional voters re: the disposition of Canvassing Board COST PER PRECINCT * Fees included in this schedule do not include expenses for ielivery and pickup of voting equipment, precinct ballot printing ind poll worker salaries ( as customarily billed to municipalities) K 328.34 48.93 118.34 33.48 $ 1,806.29 13.19 23.24 23.24 9.63 36.00 25.27 4.70 $ 135.27 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-342, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 RESOLUTION NO. 74-15 Recommended Action: Motion to Approve Resolution No. 74-15 regarding the March 15, 2016 Special (Referendum) Election. Background: This resolution is per City Charter, Section 5.07 (A) and accompanies the Vote Processing Equipment Use and Elections Services Agreement with Ms. Susan Bucher, Palm Beach County Supervisor of Elections, for conducting municipal elections. Resolution No. 74-15 provides the process for conducting the municipal special (referendum) election to be held on March 15, 2016. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: This item is time sensitive as it has to be provided to the Palm Beach County Supervisor of Elections this month. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" RESOLUTION NO. 74-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 15,2016; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM; THE SPECIAL ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER AMENDMENT PROPOSED IN ORDINANCE NO. 31-15 AND FOR A REFERENDUM ON THE REPEAL OF CHAPTER 25784 LAWS OF FLORIDA PROPOSED IN ORDINANCE NO. 32-15; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach provide for Special Elections; WHEREAS, Ordinance No. 31-15 provides for a charter amendment that provides the City Commission with the discretion to appoint an internal auditor; and WHEREAS, Ordinance No. 32-15 provides for the repeal of Chapter 25784, Laws of Florida which created the Civil Service Code for City of Delray Beach employees; and WHEREAS, the City Commission of the City of Delray Beach directs that the special election calling for a referendum on the Charter amendment proposed in Ordinance No. 31-15 and the repeal of Chapter 25784, Laws of Florida proposed in Ordinance No. 32-15 be held on Tuesday, March 15, 2016; and WHEREAS, the City Commission of the City of Delray Beach directs the City Clerk to serve as the City's Canvassing Board for the 2016 election cycle; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a Special Election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach, Chapter 34, "Elections", and General Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a Special Election providing for a referendum on the Charter amendment proposed in Ordinance No. 31-15 and the repeal of Chapter 25784, Laws of Florida proposed in Ordinance No. 32-15. Section 3. That the Special Election shall be held and is hereby ordered to be held in the City of Delray Beach, Palm Beach County, Florida between the hours of 7:00 a.m. and 7:00 p.m. on the 1511, day of March, 2016 for the purpose of determining the outcome of the Charter amendment proposed in Ordinance No. 31-15 and the repeal of Chapter 25784, Laws of Florida proposed in Ordinance No. 32-15. Section 4. The Palm Beach County Supervisor of Elections shall provide for use of the voting equipment and process absentee ballots for said elections. Section 5. Immediately after closing of the polls on the day of said election, the clerks of each precinct shall present the returns thereof to a site designated by the Palm Beach County Supervisor of Elections for official results to be processed. Section 6. That the City Commission hereby authorizes the City Clerk to serve as the City's Canvassing Board for the 2016 election cycle. Section 7. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary regarding the Special Election as hereby provided. Section 8. That the City Commission shall convene not later than three (3) days after such election, shall review the returns and shall declare the results of the referendum questions as shown by the returns made by the Supervisor of Elections. Section 9. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. ATTEST: City Clerk MAYOR 2 RES. NO. 74-15 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-305, Version: 1 TO: Mayor and Commissioners FROM: Tennille Decoste, Director -Human Resources THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 HEALTHY WEIGHT FLORIDA CAMPAIGN City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" WHEREAS, obesity rates in the United States have increased dramatically over the last 30 years; and WHEREAS, the Florida Department of Health estimates 65% of adults and 30% of children in the state of Florida are at an unhealthy weight; and WHEREAS, poor nutritional choices and a lack of physical activity are linked to overweight and obesity which increase the risk of diabetes, cancer, heart disease, liver disease, hypertension and other health conditions; and WHEREAS the Florida Department of Health has launched a healthy weight campaign known as "Healthiest Weight Florida", a public-private collaboration to help Florida's adults and children make informed, consistent choices about healthy eating and active living; this program has been embraced by individuals and businesses in many cities, counties, and communities; and WHEREAS, the State Surgeon General has launched the 2016 Healthy Weight Community Champion Recognition Program that will recognize local governments and active municipalities (cities, towns and villages) and 67 counties that implement policies to help people become more physically active and improve nutrition; Best practice policies implemented by communities will be recognized on January 4, 2016; and WHEREAS, access to healthy foods has a direct impact on the overall health of our community and planning for fresh food, open space, sidewalks and parks should be a priority; and WHEREAS, City of Delray Beach officials believe there are important, long-term community benefits to be gained by encouraging healthy lifestyles, including a decrease in overweight and obesity in Florida's adults and children and the associated negative health related impacts; and WHEREAS, the City of Delray Beach partners with various organizations and agencies to provide our community with access, opportunity and information regarding programs that promote health, wellness and physical activity. NOW, THEREFORE I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby challenge all residents, businesses, parents and students to participate in the HEALTHY WEIGHT FLORIDA CAMPAIGN to foster healthy weight, improve overall health, improve job and school performance, and decrease work and school absenteeism. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 8t" day of December 2015. CARY D. GLICKSTEIN MAYOR nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-346, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 CALLING FOR THE SPECIAL (REFERENDUM) ELECTION ON MARCH 15, 2016 Recommended Action: Proclamation calling for the the Special (Referendum) Election to be held on March 15, 2016 in conjuction with the Presidential Preference Primary Election. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, Florida, provides for the calling of Special Elections and the City Commission has by resolution authorized a Special Election; and WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City Commission deems it necessary to call for a Special Election at this time. WHEREAS, a notice is hereby given calling for a special election on March 15, 2016, to vote on referendum questions set forth in Ordinance No. 31-15 which provides the City Commission with the discretion to appoint an internal auditor; and Ordinance No. 32-15 which provides for the repeal of Chapter 25784, Laws of Florida that created the Civil Service Code for the City of Delray Beach employees; which requires consent of the majority of the voters voting in the election. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby call for a Special Election to be held on Tuesday, March 15, 2016, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. CITY OF DELRAY BEACH, FLORIDA Chevelle D. Nubin, MMC City Clerk nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-302, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 Designation of April 29, 2016 as "Arbor Day". Recommended Action: Arbor Day - April 29, 2016 Background: Every year, the City of Delray Beach celebrates Arbor Day by planting trees in an effort to promote the many benefits that trees have to offer. The City of Delray Beach has been designated as a Tree City USA for the last 15 consecutive years. One of the requirements for the continuation of this designation is the celebration of Arbor Day and designating the celebration by a proclamation. This proclamation will achieve one of the criteria for designating the City of Delray Beach a Tree City USA for the 16th consecutive year. City Attorney Review: N/A Funding Source: N/A Timing of Request: N/A City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" WHEREAS, recognition should be given to the value of trees in our community and the need for a continual city-wide forestry program for the benefit of all persons; and WHEREAS, the holiday to recognize the importance of trees in our lives, was proclaimed at the federal level in 1970, by President Richard Nixon and is celebrated the last Friday in April as National Arbor Day; and WHEREAS, the National Arbor Day Foundation, in cooperation with the U.S. Forest Service and the National Association of State Foresters, sponsor a project known as "Tree City USA" in an effort to make every community in America a better place in which to live; and WHEREAS, the protection and proliferation of trees within the City of Delray Beach is governed by regulations for the purpose of promoting the health, safety, welfare, and aesthetic quality of the community by realizing the importance of trees for oxygen production, carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement, energy conservation, beautification and aesthetic enhancement of all lands in the City; and WHEREAS, the City of Delray Beach has been recognized as a "Tree City USA" community by the National Arbor Day Foundation for the 16`b time; and WHEREAS, the City of Delray Beach will celebrate Arbor Day with plantings in the month of May 2016; and WHEREAS, the optimum time of the year for planting most species of trees in the Southeastern Florida is in the springtime due to the mild temperatures and the beginning of the wet season. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim April 29, 2016 as: "ARBOR DAY" in the City of Delray Beach, Florida, and urge all citizens, schools, businesses and community organizations to join with me in recognizing the value and the need for trees within our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 8th day of December 2015. Cary D. Glickstein MAYOR nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-329, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: November 25, 2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FOR THE PERIOD NOVEMBER 9. 2015 THROUGH NOVEMBER 20. 2015 Recommended Action: Motion to Accept the actions and decisions made by the Land Development Boards for the period November 9, 2015 through November 20, 2015. Background: This is the method of informing the City Commission of the land use actions taken by designated Boards which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 -day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. The actions of the Site Plan Review and Appearance Board and Historic Preservation Board are reported in the attached City Commission Report. City Attorney Review: Approved as to form and legal sufficiency. Funding Source: N/A Timing of Request: Action must be taken by the City Commission at the next available meeting following the Boards actions. Attachments: City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-329, Version: 1 City Commission Report Location Map Banyan Restaurant Sail Inn 214 NE 5th Street City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: November 24, 2015 SUBJECT: REGULAR MEETING OF DECEMBER 8, 2015 REPORT OF APPEALABLE LAND USE ITEMS: NOVEMBER 9, 2015 THROUGH NOVEMBER 20.2015 BOARD ACTION REPORT: Site Plan Review and Appearance Board (SPRAB) Meeting of November 18, 2015 A. Board Action: Approved (4 to 0, Roger Cope, Jim Knight and Brett Porak absent) a color and material change for Banyan Restaurant, an existing restaurant located at 189 NE 2nd Avenue, on the east side of NE 2nd Avenue, north of NE 1st Street. The proposal involves changing the color and material for the existing stationary awning from green to black vinyl and the existing retractable awning from green to black canvas located along the front building elevation. Photographs of the existing building are attached. Associated Actions: N/A. Next Action: The SPRAB action is final unless appealed by the City Commission. B. Board Action: Approved (4 to 0, Roger Cope, Jim Knight and Brett Porak absent) a Class I Site Plan Modification for the Sail Inn, located at 657 George Bush Boulevard on the northwest corner of George Bush Boulevard and NE 7d' Avenue. The request involves replacing the material of the two existing green fabric awnings with blue fabric awnings above the front entryway on the south elevation facing George Bush Boulevard and above the entry door on the east elevation. The additional blue fabric patio awning is proposed at the rear (north elevation) of the property. The awning proposed above the rear patio measures 19'-6" wide with a T-2" projection, and 10" valance, and is supported by two posts. Copies of the site plan and renderings of the architectural elevations are attached. Associated Actions: N/A Next Action: The SPRAB action is final unless appealed by the City Commission. City Commission Report December 8, 2015 Historic Preservation Board WPB) Meeting of November 18, 2015 1. Board Action: Approved (7 to 0) a Certificate of Appropriateness request for 214 NE 5"' Street. The subject property is located within the RL (Low Density Residential) zoning district and contains a contributing one-story Mission style residence which was built in 1925. There is a detached garage structure located to the rear of the property. The current request involves a 514 square foot porch addition to the rear of the main residence. The back window wall of the residence will be modified to accommodate two sets of French doors. The new barrel tile shed roof will cover the outdoor porch area and will be supported by stucco covered concrete columns, creating three bays. A new outdoor kitchen will be located on the west side of the porch and will have an exposed stucco covered chimney. The height of the porch structure will be equal to the existing roof height of the residence. Copies of the site plan and renderings of the architectural elevations are attached. Associated Actions: The Board approved (7 to 0) a variance to the side interior setback from the required 7.5' to 5'5". The Board's action on the variance is final unless appealed to the Circuit Court of Palm Beach County. Next Action: The HPB action on the Certificate of Appropriateness is final unless appealed by the City Commission. 2 ' CITY COMMISSION MEETING APPEALABLE ITEMS PLANNING & ZONING DEPARTMENT DECEMBER 8, 2015 1. ••—u s ream 1 m. ti 1 ..—..—..—..1.—..—..—..—..r..—..r..—..—..r..—..—..r.. ..r..—. ..r..— 2 ti—••1 • Y Q O N B U t ..i rj r.`• .� 3 z i :1 Le m m m 00 z z •— >14 Lake Ida Rd George Bush _ A 1 1"— ? W > > a r � 1 ..—..—..—r ••—'j NW 2nd St 7 �••—• j z z � 1 �..-..--..r..-..-.. r..11 E k antic Ave �r > 1 W Atlantic Ave 3W Ind St > co LU 1 0 1 U 1 m U Q a 1 ED m > -0 eo > m 1 00 > Q C SW 10th St > SE 10th S 0 Lowson Blvd 0 > Q o ; � � 1 u� 1 W Linto d E Linton Blvd 1 L..j 1 1 j Ger 3 > 1 U) 0 U � • m o t� r..—..—..r..r..r..—..r..—..—..—..—..—..—..—..— ..—..—..—..— �..��` U 1 U � MM: A.MOW&MIC14MI AUUNOW 1. 721W TWEE SW SIUMEU M.S WIL..Ittllgl Date: 11/24/2015 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\City Commission Maps\City Commission Map 12-8-15.mxd BANYAN RESTAURANT A rg.XY 17% 7 C (G.. .�2%0-- 'W"tw Some Family, ownershiWiSince.,19M 80 NORTH CONGREM QELRAYBEAGMjIffJ33A4G5 (56112M63841 - rermit maw-SUII(b PROJECT:: . BANYAM A LOCATION": 1189 N;., X., 21rdl AVC,— — D*Ilrayj Bic h6w , MSCRIPTIONI: PAUL, MvmaueAwnErri, MMMW I I SCAM I 11 11 SAIL INN Lug 7N 1-7 Iv H, - AviK�N OS 00v 9 lot I F 13 aceINS-» r«, lowhimmaV., t �� « (\� � < = qblb�b 214 NE 5T" STREET View looking south from NE St' Street �� (1)111 1 0 `,tl) II n (:i►wl � fl) Ai ��°i `ill ra;"'I ` nl -1p 21411 S& Strom, Debut 8tfc(hr;L View looking northwest from rear of property nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-338, Version: 1 ROUTINE BUSINESS (All Items Under this Subsection to be Approved by one Motion. Any Item Under Routine Business May Be Moved by Commission for Separate Consideration) City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-133, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 BID AWARD TO CDW GOVERNMENT, LLC FOR SIXTEEN (16) TOUGHBOOK COMPUTERS (BID AWARD 2015-83) Recommended Action: Motion to Approve a Bid Award 2015-83 for 16 Panasonic Toughbook Computers to CDW- Government, LLC. for the Police Department for $64,247.36. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 334-6111-519-64.11 (General Construction Fund: Machinery & Equipment/Computer Equipment). Background: On September 6, 2015, the City issued a competitive Bid 2015-83 for the purchase sixteen (16) Panasonic Toughbook Computers. On the due date of September 28, 2015 the City received three bids. The lowest bidder was CDW Government, LLC. at a cost of $64,247.36. The Bid award is in compliance with the Code of Ordinances, Section 36.02 (A)(1), Sealed Competitive Method. The laptops will be utilized by Command Staff and Investigators of the Police Department as replacements for their existing desktop computers. These purchases will allow mobility of these officers as they are frequently moved throughout different divisions. These officers will also use these laptops in the field as we have moved to the Intelligence Led Policing Philosophy, which pushes our officers into the community and less time in the building. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Funding is available from 334-6111-519-64.11 - Computer Equipment. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT"^ PANASONIC TOUGHBOOK BID 2015 -83 CITY OF DELRAY BEACH CDW Govenrment LLC: Option 1 Purchase: Part Number Description Quantity Price Per unit Total CF-3110673CM Panasonic Toughbook 31 16 3,558.29 56,932.64 CF-S09SLC3 Panasonic Premier Service Level Program — 3 years Warranty 16 77.59 1,241.44 CF-VDM312U Panosonic DVD Multi Drive for Panasonic Toughbook 31 16 261.58 4,185.28 CF-WMBA1304GIS jPanasonic preinstalled 16 1 118.00 1 1,888.00 Total 1 1 4,015.46 1 64,247.36 Option 2 Lease/Purchase: Monthly Payments Payment Amount Per Month Buyout at lease end - Per Unit Interest Rate 36 1,997.16 1.00 48 48 1,534.92 1.00 1,214.06 60 1,251.66 1.00 Option 3 Operating Lease: Monthly Payments Payment Amount Per Month Interest Rate 36 1,730.14 48 1,462.77 60 1,214.06 Opening Date: 09.28.2015 Posted 09.29.2015 PANASONIC TOUGHBOOK BID 2015 -83 CITY OF DELRAY BEACH Howard Technology Solutions A Division of Howard Industries, Inc.: Option 1 Purchase: Part Number Description Quantity Price Per unit Total CF-3110673CM Panasonic Toughbook 31 16 3,862.00 61,792.00 525.12/Unit Panasonic Premier Service 60 1,325.01 437.60/Unit CF-S09SLC3 Level Program — 3 years Warranty 16 86.00 1,376.00 Panosonic DVD Multi Drive for Panasonic Toughbook CF-VDM312U 31 16 286.00 4,576.00 Panasonic preinstalled 4GB CF-WMBA1304GIS Imemory 1 16 141.99 1 2,271.84 Total 4,375.99 70,015.84 Option 2 Lease/Purchase: Monthly Payments Payment Amount Per Month Buyout at lease end - Per Unit Interest Rate 36 1,944.68 656.40/Unit 0% 48 1,561.18 525.12/Unit 3.37% 60 1,325.01 437.60/Unit 5.12% Option 3 Operating Lease: Monthly Payments Payment Amount Per Month Interest Rate 36 1,944.68 0 48 1,561.18 3.37 60 1,325.01 Opening Date: 09.28.2015 Posted 09.29.2015 PANASONIC TOUGHBOOK BID 2015 -83 CITY OF DELRAY BEACH Universal Info Tech Inc. DBA Computer Savior: Option 1 Purchase: Part Number Description Quantity Price Per unit Total CF-3110673CM Panasonic Toughbook 31 16 3,645.00 58,320.00 Panasonic Premier Service CF-S09SLC3 Level Program — 3 years Warranty 16 257.55 4,120.80 Panosonic DVD Multi Drive for Panasonic Toughbook CF-VDM312U 31 16 611.26 9,780.16 Panasonic preinstalled 4GB CF-WMBA1304GIS Imemory 16 1 176.20 1 21819.20 Tota I 1 1 4,690.011 75,040.16 Option 2 Lease/Purchase: Monthly Payments Payment Amount Per Month Buyout at lease end - Per Unit Interest Rate 36 48 48 60 60 Option 3 Operating Lease: Monthly Payments Payment Amount Per Month Interest Rate 36 48 60 Opening Date: 09.28.2015 Posted 09.29.2015 Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid ./ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (A S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Contract Term: Comments and Notes: Bid Award 2015-83 Panasonic Toughbooks Effective Date: nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-295, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 APPROVAL AND EXECUTION OF A PARTNERSHIP AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., D/B/A ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES FOR FUNDING AND OPERATION OF PROGRAMS AT PINE GROVE ELEMENTARY SCHOOL AND VILLAGE ACADEMY Recommended Action: Motion to Approve the Palm Beach County School District Agreement with an effective date of January 1, 2016 through June 30, 2018 for Funding and Operation of programs at Pine Grove Elementary School and Village Academy. Second Motion to Approve the Funding Agreement between the City of Delray Beach and the Achievement Center for Children and Families for Out -of - School services at Pine Grove Elementary School and Village Academy. Funding is available is from 001-6111-519-99.03 (General Fund: Other Non -Operating Manager's Contingency) and 001-2711- 524-48.10 (General Fund: Promotional Activities/Special Events). Background: Since 2007, the City of Delray Beach, the Achievement Center for Children and Families (ACCF) and the School Board of Palm Beach County, Florida have entered into various tripartite agreements to support out-of-school programming, which benefit low-income families attending Village Academy. The Agreements provide for shared use of facilities, funding obligations, programming and services to be provided by ACCF. In the past, the City has helped to fund the program through a Parks and Recreation Department Grant and a funding allocation from the Community Development Block Grant (CDBG) that varies each year. The combined funding the City provided last year totaled $108,700. Given the strength of ACCF to facilitate out-of-school programing, the City entered into a separate Agreement with ACCF in 2013/14 to facilitate a summer camp program at Pine Grove Elementary as part of the Campaign for Grade -Level Reading to use their students to measure summer learning loss. The summer camp program has subsequently been converted into a full year, out-of-school program similar to Village Academy. As part of the collaborative partnership to share data, the City agreed to provide limited funding to support the program ($10,000 plus in-kind services). The District was late in getting their Agreements to the City and ACCF for fiscal year 2014/15 approvals, which required the City Commission, in April, to retroactively approve two (2) Partnership Agreements City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File M 15-295, Version: 1 between the three (3) agencies and the creation of a separate Funding Agreement for Pine Grove and a Grant Agreement for Village Academy. All of the Agreements had an effective date of January 1, 2015 through July 31, 2015. The District granted ACCF an extension to operate in their facilities until the end of December, while they prepared the new, simplified agreements for the upcoming fiscal year. The Partnership Agreement that is now before the Commission includes a multi-year term with an effective date of January 1, 2016 through June 30, 2018 and includes operational language for both Pine Grove Elementary and Village Academy. The City has prepared the accompanying Funding Agreement, which provides funding of $52,000 from the Parks and Recreation Department and $10,000 from the Community Improvement department. It is anticipated that some additional funding will be allocated to ACCF through CDBG dollars, but that has not been determined, as the City has not yet received its HUD allocation. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Funding Source: Parks and Recreation Community Improvement 001-4111-572.83-01 $52,000 001-2711-524-48.10 $10,000 Timing of Request: The timing of this request is sensitive as the School Board has requested that the City take action on the item prior to action at their Board meeting, which has been scheduled for December 16, 2015. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THE CITY OF DELRAY BEACH, FLORIDA, AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR FUNDING AND OPERATION OF PROGRAMS AT PINE GROVE ELEMENTARY AND VILLAGE ACADEMY THIS AGREEMENT is made and entered into this 181h day of December, 2015, by and between COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not- for-profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES (hereinafter referred to as "Achievement Centers") and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"). WITNESSETH: WHEREAS, School Board owns and operates Pine Grove Elementary and Village Academy currently located in Delray Beach, FL (the "School"); and WHEREAS, the parties desire to enter into this Agreement to provide for funding of and shared use of the facilities for in order to make the most efficient use of community resources by enabling cooperation between School Board, the City, and Achievement Centers in order to harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and to positively impact student achievement of the students at these schools as referenced in Attachment A - Delray Beach Community Solutions Action Plan; and WHEREAS, the parties support collaborative initiatives between the School Board, the City and Achievement Centers to provide additional academic, developmental, social, and cultural opportunities for children; and WHEREAS, the City and Achievement Centers which have a "partnership" role with the School; and WHEREAS, the School Board, the City and Achievement Centers desire that this Agreement set forth the basic framework under which Achievement Centers may utilize Board facilities; and WHEREAS, the School Board, the City and Achievement Centers recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: ARTICLE I:. GENERAL Section 1.01 Foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to provide for the funding of and shared use of the facilities for strategic programs at the School focused on facilitation of student.academic achievement at targeted elementary schools located in Delray Beach, FI_. Section 1.03 Definitions. The defined terms as used in this Agreement shall have the following meanings: A. "Board Facilities" and/or "Board Facility' shall mean Pine Grove Elementary School and Village Academy located in Delray Beach, FL, which are owned and/or operated by the School Board that are made available for public use by the School Board and/are used primarily for the delivery of academic, recreational, educational and community based activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" and/or "Board Facility" shall include, but shall not be limited to: classrooms, the cafeteria, athletic fields, playgrounds, or any other space mutually agreed upon between the City and Achievement Centers and the School principal. B. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a Board Facility. 1. School Board activities and programs or School Board Facility lease agreements; 2. County activities and programs pursuant to a Mutual Use Interlocal Agreement between the Board and Palm Beach County; 3. Municipal activities and programs pursuant to a Mutual Use Interlocal Agreement between the School Board and the municipality in which the School is located; and 4. Programs conducted by Achievement Centers pursuant to this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any Board Facilities. C. "Programs" shall mean programs during the school year and throughout school breaks as more particularly described in Exhibits "A", "B", and °C" attached hereto and made a part hereof. ARTICLE 2: FUNDING Section 2.01 Achievement Centers and the City shall provide funding for such expenses including, but not limited to: a certified teacher, books, consumable materials for arts and crafts, or other appropriate expenses necessary to operate Programs specific to the needs of the school population. The School Board, the City and Achievement Centers shall be authorized to seek grants, funding gifts, and other funds in order to fund the Programs implemented from sources other than the funding provided by Achievement Centers and 2 the City. There shall be no requirement for additional funding or continued funding after the dates designated in this agreement. Section 2.02 The City and Achievement Centers shall provide funding for the operation of Programs each year as follows: A. Funding costs include in-kind services of donated staff time and other resources made available by The City and Achievement Centers. B. Achievement Centers will additionally pay to each School, the annual amount of fifteen thousand dollars ($15,000) for support of the school and programs impacted by the presence of Achievement Centers at the School. Payments shall be made monthly, in advance, and paid directly to the School not later than the fifth day of each month. Payments equal thirty thousand dollars ($30,000) combining payments to both schools. Section 2.03 The City shall pay Achievement Centers' funds as outlined in a funding agreement between The City and Achievement Centers as they become available and are approved by the City Commission each year. Section 2.04 Achievement Centers additional funding information is detailed in Exhibit "D" of this agreement - ACHIEVEMENT CENTERS FOUNDATION FUNDING, ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject' to School Board Policy and Florida Statutes and Department of Education rules. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board Facilities/Program; A. The School Board agrees to make Board Facilities, including, Wi-Fi internet service at the School available for use by Achievement Centers for the Programs as set forth herein: 1. During the school year: Five (5) days a week, Monday -- Friday after school hours until 7:00 PM for extended day after school care offered to VPK— 12th grade as more particularly described in Exhibit "A". 2. During the summer: Five (5) days a week, Monday -- Friday for a total of ten (10) hours a day, from 7:30 AM until 5:30 PM for the period between the end of the school year in June and the beginning of the school year in August for summer camp, as more particularly described in Exhibit "A". 3. The Board Facilities will be available for programming on early release, teacher planning days, Spring Break and President's Day. The Board Facilities will be closed and not available for the student programs on all other school holidays, for 3 the entire Winter Break (traditionally beginning on the Saturday prior to Christmas and extending through the Sunday following New Year's), and during the summer for the July 4 holiday. 4. Requests by Achievement Centers for use of the Board Facilities for special events outside the times/dates set forth herein may be permitted in the discretion of the School Principal with the prior written approval of the Board's Chief of Support Operations. The Board Facilities shall be made available to the City or to Achievement Centers according to the Priority of Use at no cost or expense to the City or to Achievement Centers except as provided for in this Agreement. Achievement Centers use of Board Facilities shall be subject to and in accordance with: 1. The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. All applicable local, state, and federal laws. C. The School Principal shall work collaboratively with the Achievement Centers and the City regarding approved curriculum and programming to be provided by Achievement Centers. The School Principal shall have final approval authority and responsibility for his/her campus and shall coordinate scheduling the use of the designated Board Facility with Achievement Centers CEO. Programs implemented by Achievement Centers shall be consistent with the goals and mission of the School Board and with goals and standards aligned to quality academic, recreational, and family strengthening programs in Palm Beach County. D. The manufacture, distribution, dispensation, possession, consumption or use of alcohol, tobacco products of any kind (including electronic cigarettes or any kind) or controlled substances on School Board -owned property is strictly prohibited and violation of this provision shall be a material breach of this Agreement. E. Achievement Centers shall include the following disclaimer in a prominent place on all websites and advertising materials and provide copies of the website pages and all advertising materials that Achievement Centers produces or distributes to the Principal: "Achievement Centers and The City of Delray Beach is not affiliated with or endorsed by the School Board of Palm Beach County or [School] and the events/activities hosted by Achievement Centers on Pine Grove Elementary and Village Academy premises pursuant to a cooperative agreement shall not be construed as being conducted, funded, hosted, or sponsored by the School Board or Pine Grove Elementary and Village Academy on behalf of Achievement Centers. The School Board and Pine Grove Elementary and Village Academy undertake no responsibility for supervising or monitoring Achievement Centers programs/events/activities and will not be liable for any and all actions of Achievement Centers on Pine Grove Elementary and Village Academy's premises." 4 F. Achievement Centers shall comply with all federal, state and local laws, regulations and rules, including but not limited to, grant requirements applicable to Achievement Centers and the City's eligibility for funding and grants. G. Achievement Centers, at its sole cost and expense, shall be responsible for providing all accommodations and services required or necessary for any special education children participating in Achievement Centers program sleventsiactivities. Section 4.02 Manner of Use; Cleanup. Achievement Centers agrees to utilize the Board Facilities in the manner, and to the extent and degree intended for the particular Board Facility and further agrees to leave the Board Facility in a clean and orderly condition upon leaving the Board Facility each day. Section 4.03 Vandalism or Other Damage to Board Facilities When in Use Pursuant to this Agreement. Achievement Centers agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during the periods the Board's Facilities are used by Achievement Centers. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board Facilities in an expeditious and timely manner and submit an itemized invoice to Achievement Centers for damages incurred during Achievement Centers use of the Board Facilities. All invoices for damage repairs shall be paid by Achievement Centers within sixty (50) days of receipt of the invoice for the damages. ARTICLE 5: CUSTODIAL SERVICEWMAINTENANCE Section 5.01 School Board shall be responsible for custodial and security services at all Board Facilities, with such services to be performed by Board or Board's designee. Section 5.02 The parties acknowledge and agree that School Board may close Board Facilities in order to perform maintenance or repairs to the Board Facility as necessary with as much notice as practicable to Achievement Centers. Section 5.03 Achievement Centers shall not be responsible for providing custodial or security services. ARTICLE 6: ACCESS AND SITE SECURITY Achievement Centers will be responsible for securing Board Facilities after each use. ARTICLE 7: LIABILITYIINSURANCE Section 7.01 Achievement Centers shall, in addition to any other obligation to indemnify the School Board and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses, (including economic 5 losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of or claimed to have resulted in whole or in part from any actual or alleged act or omission of Achievement Centers, or anyone directly or indirectly employed by Achievement Centers, or of anyone for whose acts Achievement Centers may be liable; or violation of law, statute, ordinance, governmental administration order, rule, regulation or provision of this Agreement. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for Achievement Centers under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board to enforce this Agreement shall be borne by Achievement Centers. Achievement Centers recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board in support of this indemnification in accordance with the laws of the State of Florida. Achievement Centers acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of a School Board employee acting within the scope of the employee's office or employment. School Board agrees to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of its employees. The parties acknowledge that foregoing shall not constitute an agreement by the School Board to indemnify Achievement Centers nor a waiver of sovereign immunity, nor a waiver of any defense the School Board may have under such statute, nor as consent to be sued by third parties. This article will survive the termination of this Agreement. Section 7.02 Achievement Centers shall carry the following insurance coverages as stated below. The School Board shall be named as an additional insured. Achievement Centers shall provide the Certificates(s) of Insurance for required coverage within seven days of the date of request by the Benefits & Risk Management Department but in any respect at least 30 days prior to the commencement of any Term. Such Certificates shall provide written notice to the School Board and Achievement Centers thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds for termination of this Agreement. In no event shall the limits of said insurance policies be considered as limiting the liability of Achievement Centers, its contractors and subcontractors under this Agreement. A. Workers' Compensation - insurance coverage in accordance to and in compliance with Chapter 440, Florida Statutes. Employers' Liability — insurance coverage with limits as follows; a) $ 500,000 Bodily Injury by -Accident for each accident b) $ 500,000 Bodily Injury by Disease, policy limit C) $ 500,000 Bodily Injury by Disease, each employee Achievement Centers waives all rights against the School Board and its agents, officers, directors and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation and Employers' Liability Insurance. C. B. Business Automobile liability shall be required with limits of at least; One Million Dollars ($1,000,000.00) per occurrence for both bodily injury and property damage Combined Single Limit for owned, hired and non -owned automobiles, with the School Board of Palm Beach County as the additional insured on the policy. Business auto coverage shall be written on the most recent form of ISO form CA 00 01 or a substitute providing equivalent liability coverage. Achievement Centers waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto insurance maintained. C. Commercial General Liability Insurance - Achievement Centers shall purchase and maintain commercial general liability (CGL) insurance including contractual liability and products and completed operations insurance and shall be written on the most recent form of CG 00 01 04113. The School Board must be named as an additional insured under the CGL using ISO Additional Insured Endorsement CG 20 10 04113 and CG 20 37 4113 or their equivalent, providing additional insured coverage for both premises/operations and completed operations. This insurance including insurance provided under a commercial umbrella, if any, shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to or maintained by the School Board utilizing ISO Form CG 20 01 04113 or its equivalent. Coverage shall be for bodily and personal injury and property damages. Limits of liability shall be set at One Million Dollars ($1,000,000.00) per occurrence. CGL insurance shall contain a general aggregate limit of Two Million Dollars ($2,000,000.00). Achievement Centers waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the CGL insurance maintained. D. Professional Liability Insurance -- Achievement Centers shall procure and maintain Professional Liability Insurance for the life of this contract, plus two years after completion. This insurance shall provide coverage against such liability resulting from this contract. The minimum limits of coverage shall be $1,000,000 with a deductible not to exceed $10,000. The deductible shall be the responsibility of Achievement Centers. H. Participant Accident Coverage - Achievement Centers shall procure and maintain during the Term of this Agreement Participant Accident Coverage in the minimum amount of $25,000 per participant in the designated Program. ARTICLE 8: DISPUTE RESOLUTION Section 8.01 In the event an issue arises which cannot be resolved between the parties regarding the use or availability of a Board Facility or the implementation, supervision, or conduct of the Program, the dispute shall be referred to the School Board's Superintendent, the CEO of Achievement Centers and the City Attorney or their respective designees, who shall all make a good faith effort to resolve the dispute. 0 ARTICLE 9: RELOCATION OF PROGRAMS AND SERVICES The School Board reserves the right to remove or relocate the Programs to another site, if convenient, in the reasonable discretion of the School Board. ARTICLE 10: LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the Board Facilities or the delivery of services or programs by Achievement Centers shall only amount to a license to use the Board Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either Achievement Centers any title, interest, or estate in the Board Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non -defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non -defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Article 11 above. ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants and/or gifts. ARTICLE 14: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to School Board: Chief of Support Operations School Board of Palm Beach County 3300 Forest Hill Blvd., B-302 West Palm Beach, FL 33406 With Copies to: Joe Peccia, Jr., Principal Pine Grove Elementary 400 S.W. 10th Street Delray Beach, FL 33444 Latoya Dixon, Principal Village Academy 400 SW 12'" Avenue Delray Beach, FL 33444 Ian Saltzman, Area Superintendent 1790 N.W. Spanish River Boulevard Boca Raton, FL 33431 JoAnne C. Beckner, Director of Afterschool Programming 4260 Westgate Ave., P-8 West Palm Beach, FL 33409 If to City: Don Cooper, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 If to Achievement Centers for Children & Families:. Stephanie Seibel, Chief Executive Officer 555 NW 4th Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. E ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties,agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identify or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. ARTICLE 21: AMENDMENT Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22: WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall. only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 10 ARTICLE 23: CONSTRUCTION No single party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Agreement is made, solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. ARTICLE 25: EFFECTIVE DATE/TERM This Agreement shall become effective when signed by each of the parties, approved the School Board, the City and Achievement Centers and filed with the Board Secretary for the School District of Palm Beach County. The term of this Agreement shall be for a period beginning January 1, 2016 and ending on June 30, 2018. This Agreement may be renewed and extended for additional periods of time by agreement of the parties. ARTICLE 26: ACCEPTANCE OF FACILITIES The School Board shall not be required to make any improvements or repairs to the Board Facilities as a condition of use of the Board Facilities by Achievement Centers. Achievement Centers shall accept the Board Facilities in their "As is", 'Where is" condition. The parties acknowledge and agree that neither School Board has made any warranties or representations to the other parties regarding the Board Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Board Facilities for use by Achievement Centers, ARTICLE 27: BACKGROUND SCREENING REQUIREMENTS All Achievement Centers employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students, or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. Achievement Centers shall insure that all Achievement Centers employees submit to a background check, including fingerprinting by the School Board's Police Department or State of Florida Department of Health, at the sole cost of Achievement Centers. No Achievement Centers employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board or State of Florida Department of Health. Neither the School Board, nor its members, officers, employees, nor agents, shall be liable under any legal theory for any claim whatsoever for 11 the rejection of any Achievement Centers employee (or discontinuation of the Achievement Centers employee's services) on the basis of these compliance obligations. Achievement Centers agrees that no Achievement Centers employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil .service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. ARTICLE 29: INSPECTOR GENERAL Achievement Centers agrees and understands that the School District's Office of Inspector General ("Inspector General") shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by Achievement Centers with regard to the Agreement. Achievement Centers employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance 'to the Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to the Agreement. Furthermore, Achievement Centers understands, acknowledges and agrees to abide by School Board Policy 1.092. ARTICLE 30: PUBLIC RECORDS Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. Pursuant to §119.0701, F.S., the Achievement Centers shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 12 (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (e) If Achievement Centers does not comply with this section, the School Board shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. ARTICLE 31: WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. ARTICLE 32: FORCE MAJEURE No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil. commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. ARTICLE 33: LIENS The School Board's interest in the Board Facilities shall not be subject to liens arising from Achievement Centers use of the Board Facilities, or exercise of the rights granted hereunder. Achievement Centers shall promptly cause any lien imposed against the Board Facilities relating to any matter related to this Agreement to be discharged or transferred to bond. ARTICLE 34: SURVIVAL Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. 13 ARTICLE 35: ASSIGNMENT Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by Achievement Centers without the prior written consent of the School Board. There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments. ARTICLE 36: AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this 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. [REMAINDER OF THIS PAGE INTENTIONALLY BLANK) 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: Robert M. Avossa, Ed. D. Superintendent By: Ian Saltzman, Area One Superintendent Approved as to Form and Leg -al. S. Hollie N. Hawn, School Board Attorney ATTEST: Chevelle D. Nubin, MMC City Clerk Approved as to Form and Legal Sufficiency: City of Delray Beach, Attorney SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Chuck Shaw, Chairman City of Delray Beach By: Cary D. Giickstein, Mayor, City of Delray Beach Achievement Centers for Children & Families, a Florida not-for-profit corporation By: Stephanie Seibel, Executive Officer 15 EXHIBIT "A" Achievement Centers for Children & Families will provide programming to students at Pine Grove Elementary, including, but not limited to, the following Services and Activities: 1. Afterschooi programming following school dismissal until 7:00 PM 2. Summer Camp beginning after the end of the school year in June and operating throughout the summer until August, from 7:30 AM to 5:30 PM, Monday through Friday 3. Expanded learning opportunities programming, provided through Prime Time, PBC. 4. Homework assistance and targeted academic support aligned to the principal's academic instructional goals for the school. 5. Educational enhancement programs/curriculum such as utilization of the District Journeys Summer Curriculum, a robotics program, Character Counts, and District Afterschool STEAM Initiative (aligned to Florida Standards). 6. Daily healthy snacks and meals 7. A variety of clubs and activities, based on students' interests, such as Digital Year Book, Robotics club, academic games, library club, ceramics, drumline and dance groups. 8. A variety of field trips of interest, particularly in the summer, including: educational experiences, activities to enhance socialization, leadership opportunities, community connectedness, and fun engagement opportunities. 9. Parent workshops on a variety of topics including: financial literacy with presenters from local banks, parenting classes and behavior management by licensed psychologist and therapists, health and wellness including weekly Zumba classes for the community, and other activities which promote family bonding. 10. A variety of Special Events organized and funded by the Achievement Centers Foundation in partnership with the school to provide services and activities for children, parents, and the community such as Fall Family Fun Fest, a Community Job Fair, Celebration of Black History Month and a Holiday Pageant. 11. For the families of students in the program, a full range of assessments, referrals, and linkages to services provided to support the family unit. These adjunct services will be provided through the Achievement Centers Family Strengthening Program (summary below) to engage, support, and empower families and the community. 12. Families will have access to Health Navigation Services by trained staff as well as Spanish and Creole translation services. 13. At all school sites, students will have access to ACCF's Family Resource Center including a library, computer lab, music studio and sound studio, art room, and a gymnasium. Students may be transported by ACCF busses for these and other special activities. 14. Children and families in the program will receive holiday assistance, when available, through the agency's adopt -a -family program. All children receive holiday gifts and adopted families submit a list of needs that donors often provide/underwrite include assistance with household bills and childcare fees. 16 Achievement Centers for Children & Families will provide "Programs" to students at Village Academy. "Programs" include, but are not limited to, the following Services and Activities: 1. Afterschool programming following school dismissal until 7:00 PM 2. Summer Camp beginning after the end of the school year in June and operating throughout the summer until August, from 7:30 AM to 5:30 PM, Monday through Friday 3. Expanded learning opportunities programming, provided through Prime Time, PBC. 4. Homework assistance and targeted academic support aligned to the principal's academic instructional goals for the school including Today A Reader, Tomorrow a Leader initiative outlined below by the school principal. 5. Educational enhancement programs/curriculum such as utilization of the Journeys Summer Curriculum, a robotics program, Character Counts. 6. Daily healthy snacks and meals 7. A variety of clubs and activities based on students' interests, such as Digital Year Book, Robotics club, academic games, library club, ceramics, drumline and dance groups. 8. A variety of field trips of interest, particularly in the summer, including: educational experiences, activities to enhance socialization, leadership opportunities, community connectedness, and fun engagement opportunities. 9. Parent workshops on a variety of topics including: financial literacy with presenters from local banks, parenting classes and behavior management by licensed psychologist and therapists, health and wellness including weekly Zumba classes for the community, and other activities which promote family bonding. 10. A variety of Special Events organized and funded by the Achievement Centers Foundation in partnership with the school to provide services and activities for children, parents, and the community such as Fall Family Fun Fest, a Community Job Fair, Celebration of Black History Month and a Holiday Pageant. 11. For the families of students in the program, a full range of assessments, referrals, and linkages to services provided to support the family unit. These adjunct services will be provided through the Achievement Centers Family Strengthening Program (summary below) to engage, support, and empower families and the community. 12. Families will have access to Health Navigation Services by trained staff as well as Spanish and Creole translation services. 13. Students will have access to ACCF's Family Resource Center including a library, computer lab, music studio and sound studio, art room, and a gymnasium. Students may be transported by ACCF busses for these and other special activities. 14. Children and families in the program will receive holiday assistance, when available, through the agency's adopt -a -family program. All children receive holiday gifts and adopted families submit a list of needs that donors often provide/underwrite include assistance with household bills and childcare fees. 17 Program Theme: Today A Reader, Tomorrow a Leader Target Audience: K- 5th grade Student Achievement Target: In conjunction with Delray Beach Education Board and the campaign for grade level reading Village Academy and The Achievement Center will increase the number of students reading on grade level by the end of the current school year. Program Design: Drop Everything and Read (D.E.A.R) • Daily Independent Reading - students will read for uninterrupted 30 minutes on a grade level text ("just right book") • Reader Response Journals will be implemented to support student on how to respond to and gain insight from texts, reveal their thinking, an interact with literature in,a meaningful way. Students will practice comprehension strategies as they read such as: Making connections, questioning, visualizing, inferring, determining the importance of information within a text, and synthesizing. Reading Extension Activities will include : Literature Circles, Book Clubs and Readers Theater • Reading Running Records will be used to track student progress and determine appropriate level of books available for students to reading during this time Expected Outcomes/Results • Increased Reading Stamina Increased number of students reading on grade level by years end Research indicates that children who read at least 20 minutes a day outside of the classroom do better in school and in life. Just Take 20 gives families tips and activities to integrate reading easily into daily life. JustTake20.org. FAU SUMMER ENRICHMENT PROGRAM AT VILLAGE ACADEMY ACCF is committed to infusing the curriculum with innovative strategies. To offer inspiring opportunities that presented new learning experiences to junior and high school students, a difficult population to engage, we partnered with FAU for an 8 week program. Upon completion, students will be interviewed and surveyed and, based on feedback, the program will be modified for Summer 2015. Each week of camp had a focus area and various partners presented/offered experiences around the theme. • . Teamwork & Leadership: Students participated in a rope course and worked with the Youth Leadership Counsel at FAU on developing and identifying leadership skills. • Business Week: Students attended the College of Business were Dr. Rupert Rhodd shared with the students the many opportunities available to them. To end the session, the students had the opportunity to experience the famous "Trading Room" modeled after the NY Stock Exchange. + Robotics, Technology & Engineering: This week focused on critical thinking. Dr. Raviv created several mind bending puzzles and our students will had the opportunity to challenge themselves and listen to a lecture on why those particular designs help develop critical thinking. • Culinary Arts: Students learned about career opportunities in the hospitality industry from Gregory Bohan. His diverse knowledge in hotel sales, marketing & tourism helped students understand the many areas of employment and skills needed in this industry. + Visual Arts and Design: Students attended a lecture on art history by Dr. Brian McConnell followed by a guided tour of the art gallery. • Marine Biology: Students traveled to Port Saint Lucy (Harbor Branch) FAU. They toured the marine facility and had the opportunity to learn about and dissect squid. • Athletics: Students visited the FAU stadium including a behind the scenes tour of the athletic operations. Students also learned about different careers opportunities. • Computers & Electronics: Jessica Hibbard and George Edmund gave a tour of FAU labs and students participated in a hands-on activity. 0 EXHIBIT "B» FAMILY STRENGTHENING PROGRAM The Family Strengthening Program (FSP) is a new, creative and ever -evolving community-based outreach and support program within ACCF. Program components include needs assessments, outreach, active skill building workshops, parent and community engagement initiatives, and resource development and linkage. The program provides parenting, financial literacy, and health workshops; connects families to needed resources such as job training, housing, and counseling; and plans engagement activities that get families involved in their children's education. Fundraising through the Achievement Centers Foundation will support 2015-2016 initiatives and will allow the program to hire community liaisons (peer supporters, parent advocates). This innovative and well -researched strategy employs, trains, and supports trusted individuals from the community to serve as outreach workers who bring.positive behavior strategies to schools, advocate for families across multiple settings, and bridge the gap between families and the service delivery system. Effectiveness data will be collected to further support and replicate the program. Program Components: + Needs Assessment- A needs assessments is being completed with ACCT= parents and community members to identify most impactful stressors. Result are helping to guide program provision. For example, overwhelmingly families are identifying housing as a priority area. As a result, program staff are gathering resources related to housing and will provide informational sessions and workshops related to that identified need. Needs assessments are also completed as a part of the intake process for the program in order to monitor progress/ change in goal areas. • Outreach- FSP is dedicating great effort to engage with the community. In order for families to trust and engage in services provided they need to have direct connection and access to staff. Partnering with schools and other service providers has been extremely beneficial as it allows the FSP to meet and interface with families in their community spaces that are comfortable and familiar. • Community Liaison- A Community Liaison program (peer supporters, parent advocates) will launch is August. This innovative and well -researched strategy employs, trains, and supports trusted individuals from the community to serve as outreach workers who bring positive behavior strategies to schools, advocate for families across multiple settings, and bridge the gap between families and the service delivery system. Training has been (and will continue to be) provided on engagement, case management, mental health first aid, motivational interviewing, and restorative practices. In collaboration with the school principal at Village Academy, during school hours, this position will to help promote restorative practice strategies to build community and curb behavioral problems. These efforts will help bridge services provided at school and within our after school program. Effectiveness data will be collected to further support and replicate the program at Pine Grove and other targeted schools as appropriate. RM Active Skill Building- Based upon need and evidence based strategies, active skills building workshops are provided to families and the community on our main campus and within partner schools. Workshops are hands on and practice based increasing the chance of skill acquisition. Planned workshops include; strategies to promote learning and literacy, positive parenting practices, behavior management strategies for home, school engagement strategies, and navigating the IEP process. Resource Development / Collaboration- Through school partnerships and other service providers, the FSP is helping to coordinate and bring community needed resources. Working closely with schools, family needs can be identified and referred for support services. Health Navigation will help families apply for health insurance and other benefits including food stamps, snap, and TANF, BoysTown South Florida and other Behavioral Health providers offer services under our program. And, a growing team of volunteers provide on-site homework assistance for students during the after school hours. 21 EXHIBIT "C" HEALTHIER DELRAY BEACH INITIATIVE In 2014 Palm Healthcare Foundation, Palm Beach County's largest public health foundation, launched its Healthier Together initiative, a place -based funding strategy aimed at impacting sustainable and lasting change at a community level. Using a collective impact model, the initiative is designed to be community -driven with a focus of engaging residents, formal and informal leaders and stakeholders to ultimately grow capacity for change for themselves, their families, neighbors and friends. The foundation will invest $1,000,000 over S to 7 years in each of the 6 identified communities in Palm Beach County. Communities were selected using data - driven decision making around needs, gaps in services and history of collaboration. Delray Beach was selected by the foundation's Board of Trustees to be one of the first two communities to be fully engaged in the process. The project, called Healthier Delray Beach, was formed as a result of several community -wide meetings, visioning sessions and strategic planning meetings to improve the behavioral health among the residents in Delray Beach beginning with its most vulnerable population living in the 33444 zip code. The volunteer Steering Committee is comprised of individuals living and/or working in Delray Beach. This group is the governing body for the initiative. A Project Director works on behalf of Healthier Delray Beach, whose role is to coordinate efforts and act as a liaison between the initiative and the existing work and resources already established in Delray Beach, and reports directly to the Steering Committee. The Achievement Centers for Children & Families is the fiscal agent and backbone organization for the initiative. ACCF manages the funds on behalf of the community while providing important infrastructure, resources and access to the population who will ultimately benefit from the Healthier Delray Beach initiative. Currently, the Project Manager shares an office space at Pine Grove Elementary and this collaborative will bring coordinated services and benefit to all partner schools. 22 Exhibit "D" ACHIEVEMENT CENTERS FOUNDATION FUNDING ACCT= Foundation is the sole fundraising arm for the agency's programming. It has the fiduciary responsibility of raising funds each year through an annual fund campaign, special events and private grants. The Foundation supports 20-25% of the agency's FY budget. This financial support allows for the programming to be affordable for low-income and working families. In addition to program funding and scholarships for tuition fees, the Foundation raises funds for specific and supplemental initiatives in our summer and afterschool programs: • Teen Summit: This annual event is donor funded and is attended by 250 teens in PBC and focuses preparing youth for a global society. Students hear a motivational message told by a local celebrity who has faced adversity followed by workshops taught by area experts. This year's theme was STAND: Students Taking Action and Navigating their Destiny and featured Twan Russell, Senior Director of Community Affairs for the Miami Dolphins. Workshops included social networking & cyberbullying; college prep; dress for success; school to prison pipeline; hygiene/etiquette; suicide prevention; dollars & sense; pregnancy prevention; and how to conduct yourself when approached by law enforcement. • Healthy Bellies: This healthy eating and cooking program is funded and operated by Chef Bruce Feingold and DaDa Restaurant. This program invites guests at Dada to donate funds to Healthy Bellies. One hundred percent of the proceeds go to provide nutritional meals and snacks, healthy cooking workshops and grocery store field trips led by Chef Feingold. + Community Health Fair: This year, ACCF hosts its 15th community health fair at Village Academy, partially funded by the Boca Raton Regional Hospital Foundation. The fair provides un/under-insured residents access to free health care. Community members attending the fair choose from comprehensive services including blood sugar, blood pressure, cholesterol, and prostrate screenings; HIV/AIDS tests; pap smears; mammograms; physical, dental and vision exams, and flu vaccinations. • Social Media Club: Teens attending Village Academy are participating in a social media club led by ACCF Foundation staff. In this group students are managing the ACCF Twitter and lnstagram feeds as a `Student Takeover project. Teens are learning about -the role social media plays in business and the community and the importance of professional content. Students are responsible for gathering photos, quotes and information, planning a content calendar and posting throughout the week. • Farmer Jay's Jr. Sprouts: The Zanelli Family Foundation funds the gardening club and Farmer Jay's Jr. Sprouts classes. The curriculum is designed to introduce children to sustainable agriculture. The program inspires children to be informed of how food is grown and how it affects their body. Modules include: seeds; scouting for insects; plant anatomy; composting; photosynthesis and plant nutrition; animals on the farm; where food comes from and planting a garden. 23 • SeaPerch Robotics Program: The Robotics Program, funded by SeaPerch, inspires students to explore the fields of engineering and technology. This new program engages young people to pursue academic paths to STEAM careers. Students assemble ROV units to develop critical thinking skills, engineering design processes, and teamwork strategies. Teams demonstrate their units across programs and have performance competitions. • Pine Grove Elementary Program Launch: Impact 100 funds allowed ACCF Jay the foundation to provide quality and effective programming at Pine Grove Elementary for its first year of programming. The scope of the grant allowed ACCF and Pine Grove to make a long-term investment in this low-income community to address the summer slide, time spent reading, and parent engagement. • Teen Program, AVID/Science: This program, funded by United Way of PSC serves teens attending Village Academy. Students receive intensive reading improvement tutoring, homework assistance, and guidance to complete missing assignments. Measurable goals include the percentage of students receiving passing grades and on track for grade promotion. FY15 adds a math/science component. 24 FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR OUT-OF-SCHOOL SERVICES PROGRAMS AT PINE GROVE ELEMENTARY AND VILLAGE ACADEMY THIS AGREEMENT C Agreement'o is made on this day of 2015, by and between the CITY OF DELRAY BEACH ("City"), and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not -fox -profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ("Achievement Centers"). WITNESSETH: WHEREAS, contemporaneous with this Agreement, the City has approved an agreement ("tripartite agreement") between the School Board of Palm Beach County, Florida, the City, and the Achievement Centers to provide for the funding of and operation of programs at Pine Grove Elementary and Village Academy; and WHEREAS, Article 2 of the tripartite agreement addresses funding for the services and suggests that the City shall provide funds for the Achievement Centers, though such funds are not specifically enumerated in the agreements; and WHEREAS, the City and the Achievement Centers wish to enter this Agreement to memorialize the funding agreement between the parties; and WHEREAS, the School Board of Palm Beach County, Florida has advised that it does not object to the parties entering this Agreement.. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Fes. The City shall provide funding to the Achievement Centers in an amount not to exceed Sixty -Two Thousand Dollars ($62,000.00), which amount shall be paid to the Achievement Centers in one lump sum within thirty (30) days of execution of this Agreement. All funding provided by this Agreement must be utilized by the Achievement Centers within the term of this Agreement in support of the programs more specifically detailed in the Agreement between the School Board of Palm Beach County, Florida, the City of Delray Beach, Florida, and Community Child Care Center of Delray Beach, Inc. for Funding and Operation of Programs at Pine Grove Elementary and Village Academy, attached hereto as Exhibit A. Notwithstanding anything in Section 2.03 of Exhibit A to the contrary, the Achievement Centers acknowledges that the aforementioned funding shall be in full satisfaction of any and all funding obligations of the City as provided in Exhibit A. 3. Term. This Agreement shall commence on January 1, 2016 and shall terminate at 11:59 p.m. on December 31, 2016. 4. Financial Report. At least thirty (30) days prior to termination of this Agreement, the Achievement Centers shall submit to the City a full financial report, detailing how all funds provided herein were utilized by the Achievement Centers, regarding its out-of-school programs as providedin Exhibit A. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties and shall supersede all prior oral and written agreements as to the funding by the City to the Achievement Centers for the operation of out-of-school programs as provided in Exhibit A. 6. Modification. This Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assignment. This Agreement may not be assigned without the express written consent of the patties. 8. Indemnification. The Achievement Centers, shall at all times hereafter indemnify, hold harmless, and at the City Attorney's option, defend or pay for an attorney selected 2 by the City- Attorney to defend the City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, the Achievement Centers, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement or Exhibit A including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against the City by reason of any such claim, cause of action, or demand, the Achievement Centers shall, upon written notice from the City, resist and defend such lawsuit or proceeding by counsel satisfactory to the City or, at the City's option, pay for an attorney selected by the City Attorney to defend the City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. 9. Insurance. The Achievement Centers shall provide certificates of insurance to the City evidencing its insurance coverage and naming the City as an additional insured. Such insurance shall be in an amount and form that is acceptable to the City and shall be delivered to the City prior to the distribution to the Achievement Centers of any funding as referenced herein. If the Achievement Centers fails to provide the certificates of insurance in a form acceptable to the City, the City may immediately terminate this Agreement. 10. Inspector General. The Achievement Centers is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from the 3 Achievement Centers and its subcontractors and lower tier subcontractors. The Achievement Centers understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Achievement Centers or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 11. Public Records. The Achievement Centers shall comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, the Achievement Centers agrees to: A. Keep and maintain all records that ordinarily and necessarily would be required by the City. B. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Achievement Centers at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Achievement Centers. 4 E. If the Achievement Centers does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 12. Force Majeure. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk -outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first written above. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Cary Glickstein, Mayor (Remainder of page intentionally left blank) 5 WITNESSES: (print or type name) (print or type name) STATE OF COUNTY OF COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. d/b/a ACHIEVEMENT CENTER FOR CHILDREN & FAMILIES, a Florida not- for-profit corporation. (print namne and title) (SEAL) The foregoing instrument was acknowledged before me this day of , 2015 by (name of officer or agent, title of officer or agent) of Community Child Care Center of Delray Beach, Inc., a Florida not-for-profit corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public -State of Florida 0 AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, THE CITY OF DELRAY BEACH, FLORIDA, AND COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC. FOR FUNDING AND OPERATION OF PROGRAMS AT PINE GROVE ELEMENTARY AND VILLAGE ACADEMY THIS AGREEMENT is made and entered into this 461h day of December, 2015, by and between COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., a Florida not- for-profit otfor-profit corporation d/b/a ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES (hereinafter referred to as "Achievement Centers") and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA a corporate body politic pursuant to the Constitution of the State of Florida (hereinafter referred to as "School Board"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"), WITNESSETH: WHEREAS, School Board owns and operates Pine Grove Elementary and Village Academy currently located in Delray Beach, FL (the "School"); and WHEREAS, the parties desire to enter into this Agreement to provide for funding of and shared use of the facilities for in order to make the most efficient use of community resources by enabling cooperation between School Board, the City, and Achievement Centers in order to harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and to positively impact student achievement of the students at these schools as referenced in Attachment A - Delray Beach Community Solutions Action Plan; and WHEREAS, the parties support collaborative initiatives between the School Board, the City and Achievement Centers to provide additional academic, developmental, social, and cultural opportunities for children; and WHEREAS, the City and Achievement Centers which have a "partnership" role with the School; and WHEREAS, the School Board, the City and Achievement Centers desire that this Agreement set forth the basic framework under which Achievement Centers may utilize Board facilities, and WHEREAS, the School Board, the City and *chlevement Centers recognize the benefits to be derived by utilizing each other's facilities thereby minimizing the duplication of facilities; and NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants herein set forth, the parties hereby agree as follows: Exhibit A ARTICLE 1:- GENERAL Section 1.01 Foregoing recitals are true and correct and are incorporated herein as if fully set forth. Sec ion 1.02 The purpose of this Agreement is to provide for the funding of and snared use of the facilities for strategic programs at the School focused on facilitation of student.academic achievement at targeted elementary schools located in Delray Beach, FL. Section 1.03 Definitions. The defined terms as used in this Agreement shall have the following meanings: A. "Board Facilities" and/or "Board Facility" shall mean Pine Grove Elementary School and Village Academy located in Delray Beach, FL, which are owned and/or -operated by the School Board that are made available for public use -by the School Board andlare used primarily for the delivery of academic, recreational, educational and community based - activities, excluding facilities that are leased, licensed, or under the contractual control of others. The terms "Board Facilities" and/or "Board Facility' shall include, but shall not be limited to: classrooms, the cafeteria, athletic fields, playgrounds, or any other space mutually agreed upon between the City and Achievement Centers and the School principal. B. "Priority of Use" shall mean the priority of uses when there are conflicting requests for the use of a Board Facility. I. School Board activities and programs or School Hoard Facility lease agreements; 2. County activities and programs pursuant to a Mutual Use Interlocal Agreement between the Board and Palm Beach County; 3. Municipal activities and programs pursuant to a Mutual Use Interlocal Agreement between the School Board and the municipality in which the School is located; and 4. Programs conducted by Achievement Centers pursuant to this Agreement. The parties shall designate to each other a person to be contacted regarding scheduling the use of any Board Facilities. C. "Programs" shall mean programs during the school year and throughout school breaks as more particularly described in Exhibits "A", "B", and "C" attached hereto and made a part hereof. ARTICLE 2. FUNDING Section 2.01 Achievement Centers and the City shall provide funding for such expenses including, but not limited to. a certified teacher, books, consumable materials for arts and crafts, or other appropriate expenses necessary to operate Programs specific to the needs of the school population. The School Board, the City and Achievement Centers shall be authorized to seek grants, funding gifts, and other funds in order to fund the Programs implemented from sources other than the funding provided by Achievement Centers and 2 the City. There shall be no requirement for additional funding or continued funding after the dates designated in this agreement. Section 2.02 The City and Achievement Centers shall provide funding for the operation of Programs each year as follows: A. Funding costs include in-kind services of donated staff time and other resources made available by The City and Achievement Centers. B. Achievement Centers will additionally pay to each School, the annual amount of fifteen thousand dollars ($15,000) for support of the school and programs impacted by the presence of Achievement Centers at the School. Payments shall be made monthly, in advance, and paid directly to the School not later than the fifth day of each month. Payments equal thirty thousand dollars ($30,000) combining payments to both schools. Section 2,03 The City shall pay Achievement Centers' funds as outlined in a funding agreement between The City and Achievement Centers as they become available and are approved by the City Commission each year. Section 2.04 Achievement Centers additional funding information is detailed in Exhibit "Ds of this agreement - ACHIEVEMENT CENTERS FOUNDATION FUNDING. ARTICLE 3: OWNERSHIP Section 3.01 The Board Facilities shall. remain in the ownership of the School Board and subject to all terms and conditions imposed herein subject' to School Board Policy and Florida Statutes and Department of Education rules. ARTICLE 4: USE OF PROPERTIES Section 4.01 Use of Board FacilltleslProgram; A. The School Board agrees to make Board Facilities, including, Wi-Fi internet service at the School available for use by Achievement Centers for the Programs as set forth herein: 1. During the school year: Five (5) days a week, Monday -- Friday after school hours until 7:00 PM for extended day after school care offered to VPK— 12th grade as more particularly described in Exhibit "A". 2. During the summer: Five (5) days a week, Monday — Friday for a total of ten (10) hours a day, from 7:30 AM until 5:30 PM for the period between the end of the school year in June and the beginning of the school year in August for summer camp, as more particularly described in Exhibit "A". 3. The Board Facilities will be available for programming on early release, teacher planning days, Spring Break and President's Day. The Board Facilities will be closed and not available for the student programs on all other school holidays, for 3 the entire Winter Break (traditionally beginning on the Saturday prior to Christmas and extending through the Sunday following New Year's), and during the summer for the July 4 holiday. 4. Requests by Achlevement'Centere for use of the Board Facilities for special events outside the times/dates set forth herein may be permitted in the discretion of the School Principal with the prior written approval of the Board's Chief of Support Operations. The Board Facilities shall be made available to the City or to Achievement Centers according to the priority of Use at no cost or expense to the City or to Achievement Centers except as provided for in this Agreement. Achievement Centers use of Board Facilities shall be subject to and in accordance with. 1. The terms and conditions of this Agreement; 2. The School Board's rules, regulations and policies governing the use of Board Facilities; 3. All applicable local, state, and federal laws. C. The School Principal shall work collaboratively with the Achievement Centers and the City regarding approved curriculum and programming to be provided by Achievement Centers. The School Principal shall have final approval authority and responsibility for his/her campus and shall coordinate scheduling the use of the designated Board Facility with Achievement Centers CEO. Programs implemented by Achievement Centers shall be consistent with the goals and mission of the School Board and with goals and standards aligned to quality academic, recreational, and family strengthening programs in Palm Beach County, D. The manufacture, distribution, dispensation, possession, consumption or use of alcohol, tobacco products of any kind (including electronic cigarettes or any kind) or controlled substances on School Board -owned property is strictly prohibited and violation of this provision shall be a material breach of this Agreement. E. Achievement Centers shall include the following disclaimer in a prominent place on all websites and advertising materials and provide copies of the website pages and all advertising materials that Achievement Centers produces or distributes to the Principal: 'Achievement Centers and The City of Delray Beach is not affiliated with or endorsed by the School Board of Palm Beach County or [School] and the events/activities hosted by Achievement Centers.on Pine Grove Elementary and Village Academy premises pursuant to a cooperative agreement shall not be construed as being conducted, funded, hosted, or sponsored by the School Board or Pine Grove Elementary and Village Academy on behalf of Achievement Centers. The School Board and Pine Grove Elementary and Village Academy undertake no responsibility for supervising or monitoring Achievement Centers programs/events/activities and will not be liable for any and all actlons of Achievement Centers on Pine Grove Elementary and Village Academy's premises." 2 F. Achievement Centers shall comply with all federal, state and local laws, regulations and rules, including but not limited to, grant requirements applicable to Achievement Centers and the City's eligibility for funding and grants. G. Achievement Centers, at its sole cost and expense, shall be responsible for providing all accommodations and services required or necessary for any special education children participating in Achievement Centers program sleventslactivities. Section 4.02 Manner of Use; Cleanup. Achievement Centers agrees to utilize the Board Facilities in the manner, and to the extent and degree intended for the particular Board Facility and further agrees to leave the Board Facility in a clean and orderly condition upon leaving the Board Facility each day. Section 4.03 Vandalism or Other Damage to Board Facilities When in Use Pursuant to this Agreement. Achievement Centers agrees to be responsible for vandalism or other damage occurring to the Board's Facilities during, the periods the Board's Facilities are used by Achievement Centers. The School Board shall cause such repairs to be made as necessary to correct the damage to the Board Facilities in an expeditious and timely manner and submit an itemized' invoice to Achievement Centers for damages incurred during Achievement Centers use of the Board Facilities. All invoices for damage repairs shall be paid by Achievement Centers within sixty (60) days of receipt of the invoice for the damages. ARTICLE 5: CUSTODIAL SERVICESIMAINTENANCE Section 5.07 School Board shall be responsible for custodial and security services at all Board Facilities, with such services to be performed by Board or Board's designee. Section 5.02 The parties acknowledge and agree that School Board may close Board Facilities in order to perform maintenance or repairs to the Board Facility as necessary with as much notice as practicable to Achievement Centers. Section 5.03 Achievement Centers shall not be responsible for providing custodial or security services. ARTICLE 5: ACCESS AND SITE SECURITY Achievement Centers will be responsible for securing Board Facilities after each use. ARTICLE 7. LIABILITY/INSURANCE Section 7.07 Achievement Centers shall, in addition to any other obligation to indemnify the School Board and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the School Board, their respective agents, officers, elected officials and employees from and against all claims, actions, liabilities, losses, (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of or claimed to have resulted in whole or in part from any actual or alleged act or omission of Achievement Centers, or anyone directly or indirectly employed by Achievement Centers, or of anyone for whose acts Achievement Centers may be liable; or violation of law, statute, ordinance,. governmental administration order, rule, regulation or provision of this Agreement. The indemnification obligations hereunder shall not be limited to any limitation on the amount, type of damages, compensation, or benefits payable by or for Achievement Centers under workers' compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the School Board to enforce this Agreement shall be borne by Achievement Centers. Achievement Centers recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant for good and valuable consideration provided by the School Board in support of this indemnification in accordance with the laws of the State of Florida. Achievement Centers acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 788.28, the State of Florida's partial waiver of sovereign immunity, and- acknowledges that such statute permits actions at law to recover damages In tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of a School Board employee acting within the scope of the employee's office or employment. School Board agrees to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 788.28, arising from the actions of its employees. The parties acknowledge that foregoing shall not constitute an agreement by the School Board to indemnify Achievement Centers nor a waiver of sovereign immunity, nor a waiver of any defense the School Board may have under such statute, nor as consent to be sued by third parties. This article will survive the termination of this Agreement. Section 7.02 Achievement Centers shall carry the following insurance coverages as stated below. The School Board shall be named as an additional insured. Achievement Centers shall provide the Certificates(s) of Insurance for required coverage within seven days of the date of request by the Benefits & Risk Management Department but in any respect at least 30 days prior to the commencement of any Term. Such Certificates shall provide written notice to the School Board and Achievement Centers thirty days prior to any cancellation of any insurance policy. Receipt of such notice shall be considered grounds for termination of this Agreement. In no event shall the limits of said insurance policies be considered as limiting the liability of Achievement Centers, its contractors and subcontractors under this Agreement. A. Workers' Compensation - insurance coverage in accordance to and in compliance with Chapter 440, Florida Statutes_ Employers' Liability -- insurance coverage with limits as follows: a) - $ 500,000 Bodily Injury by -Accident for each accident b) $ 500,000 Bodily Injury by Disease, policy limit c) $ 500,000 Bodily Injury by Disease, each employee Achievement Centers waives all rights against the School Board and its agents, officers, directors. and employees for recovery of claims for bodily injury to the extent these injuries are covered by the workers' compensation and Employers' Liability Insbrance. 0 B. Business Automobile liability shall be required with limits of at least, One Million Dollars ($1,000,000.00) per occurrence for both bodily injury and property damage Combined Single Limit for owned, hired and non -owned automobiles, with the School Board of Palm Beach County as the additional insured on the policy. Business auto coverage shall be written on the most recent form of ISO form CA 00 01 or a substitute providing equivalent liability coverage. Achievement Centers waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto insurance maintained. C. Commercial General Liability Insurance - Achievement Centers shall purchase and maintain commercial general liability (CGL) insurance including contractual liability and products and completed operations insurance and shall be written on the most recent form of CG 00 0104/13. The School Board must be named as an additional insured under the CGL using ISO Additional Insured Endorsement CG 20 10 04113 and CG 20 37 4113 or their equivalent, providing additional insured coverage for both premisesloperations and completed operations. This insurance including insurance provided under a commercial umbrella, if any, shall apply as primary insurance with respect to any other insurance or self- insurance elfinsurance programs afforded to or maintained by the School Board utilizing ISO Form CG 20 0104/13 or its equivalent. Coverage shall be for bodily and personal injury and property damages, Limits of .liability shall be set at One Million Dollars ($1,000,000.00) per occurrence. CGL insurance shall contain a general aggregate limit of Two Million Dollars ($2,000,000.00). Achievement Centers waives all rights against School Board and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the CGL insurance maintained. D. Professional Liability Insurance — Achievement Centers shall procure and maintain Professional Liability Insurance for the life of this contract, plus two years after completion. This insurance shall provide coverage against such liability resulting from this contract. The minimum limits of coverage shall be $1,000,000 with a deductible not to exceed $10,000. The deductible shall be the responsibility of Achievement Centers. H. Participant Accident Coverage - Achievement Centers shall procure and maintain during the Term of this Agreement Participant Accident Coverage in the minimum amount of $25,000 per participant in the designated Program. ARTICLE 8: DISPUTE RESOLUTION Section 8.01 in the event an issue arises which cannot be resolved between the parties regarding tRe use or availability of a Board Facility or the implementation, supervision, or conduct of the Program, the dispute shall be referred to the School Board's Superintendent, the CEO of Achievement Centers and the City Attorney or their respective designees, who shall all make a good faith effort to resolve the dispute, 7 ARTICLE 9: RELOCATION OF PROGRAMS AND SERVICES The School Board reserves the right to remove or relocate the Programs to another site, if convenient, in the reasonable discretion of the School Board. ARTICLE 10. LICENSE Notwithstanding any provision of this Agreement to the contrary, the use of the Board Facilities or the delivery of services or programs by Achievement Centers shall only amount to a license to use the Board Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either Achievement Centers any title, interest, or estate in the Board Facilities. ARTICLE 11: DEFAULT The parties agree that, in the event any party is in default of its obligations under this Agreement, the non -defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non -defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. ARTICLE 12: TERMINATION Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by any party: (i) without cause upon ninety (90) days prior written notice to the other parties or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Article 11. above. ARTICLE 13: ANNUAL APPROPRIATION Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years, including the solicitation and acquisition of grants and/or gifts. ARTICLE 14: NOTICES All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: If to School Board: Chief of Support Operations School Board of Palm Beach County 3300 Forest Hill Blvd., B-302 West Palm Beach, FL 33406 ,3 With Copies to. Joe Peccia, Jr., Principal Pine Grove Elementary 400 S.W. 10th Street Delray Beach, FL 33444 Latoya Dixon, Principal Village Academy 400 SW 120, Avenue Delray Beach, FL 33444 Ian Saltzman, Area Superintendent 1790 N.W. Spanish River Boulevard Boca Raton, FL 33431 JoAnne C. Beckner, Director of Afterschool Programming 4260 Westgate Ave., P-8 West Palm Beach, FL 33409 If to City: Don Cooper, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 If to Achievement Centers for Children & Familles:. Stephanie Seibel, Chief Executive Officer 555 NW 4th Street Delray Beach, FL 33444 Any party may, from time to time, change the address to which notice under this Agreement shall be given to such party, upon prior written notice to the other parties. ARTICLE 15: GOVERNING LAW AND VENUE This Agreement shall be construed and governed by the laws of the State of Florida. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. N ARTICLE 16: EQUAL OPPORTUNITY PROVISION The parties,agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identify or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. ARTICLE 17: CAPTIONS The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. ARTICLE 18: SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. ARTICLE 19: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ARTICLE 20: INCORPORATION BY REFERENCE Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. ARTICLE 21: AMENDMENT Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. ARTICLE 22: WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless It is in writing and signed by the party waiving such provision. A written waiver shall. only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future -waiver. 10 ARTICLE 23: CONSTRUCTION No single party shalt be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other parties based upon who drafted it. ARTICLE 24: NO THIRD PARTY BENEFICIARIES This Agreement is made, solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. ARTICLE 26: EFFECTIVE DATE/TERM This Agreement shall become effective when signed by each of the parties, approved the School Board, the City and Achievement Centers and filed with the Board Secretary for the School District of Palm Beach County. The term of this Agreement shall be for a period beginning January 1, 2016 and ending on June 30, 2018. This Agreement may be renewed and extended for additional periods of time by agreement of the parties. ARTICLE 26: ACCEPTANCE OF FACILITIES The School Board shall not be required to make any improvements or repairs to the Board Facilities as a condition of use of the Board Facilities by Achievement Centers. Achievement Centers shall accept the Board Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that ne€ther School Board has made any warranties or representations to the other parties regarding the Board Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Board Facilities for use by Achievement Centers. ARTICLE 27: BACKGROUND SCREENING REQUIREMENTS All Achievement Centers employees who are permitted access to the Board's Facilities when students are present, who have direct contact with students, or who have access to or control of school funds must undergo level 2 screening. Level 2 screening consists of fingerprinting and a background check, as set forth in Section 1012.32, Florida Statutes. Achievement Centers shall insure that all Achievement Centers employees submit to a background check, including fingerprinting by the School Board's Police Department or State of Florida Department of Health, at the sole cost of Achievement Centers. No Achievement Centers employee shall be permitted access to the Board's Facilities when students are present, to have direct contact with students or to have access to or control of school funds until he or she receives notice of clearance by the School Board or State of Florida Department of Health. Neither the School Board, nor its members, officers, - employees, nor agents, shall be liable .under any legal theory for any claim whatsoever for 11 the rejection of any Achievement Centers employee {or MIcontinuation of the Achievement Centers employee's services) on the basis of these compliance obligations. Achievement Centers agrees that no Achievement Centers employee who meets the above conditions and who has been convicted or who is currently under investigation for a crime delineated in Section 435.04, Florida Statutes, will be permitted access to the Board's Facilities when students are present, who have direct contact with students or who have access to or control of school funds. ARTICLE 28: NO AGENCY RELATIONSHIP No person employed by any party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of any other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. ARTICLE 29: INSPECTOR GENERAL Achievement Centers agrees and understands that the School District's Office of Inspector General ("Inspector Generals) shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by Achievement Centers with regard to the Agreement. Achievement Centers employees, vendors, officers and agents shall furnish the Inspector General with requested information and records within their custody for the purposes of conducting an investigation or audit, as well as provide reasonable assistance 'to the Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to the Agreement. furthermore, Achievement Centers understands, acknowledges and agrees to abide by School Board Policy 1.092. ARTICLE 30: PUBLIC RECORDS Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. Pursuant to §119.0701, F.S., the Achievement Centers shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public -with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 12 (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all'public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (e) If Achievement Centers does not comply with this section, the School Board shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. ARTICLE 31: WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. ARTICLE 32: FORCE MAJEURE No party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil. commotions, or by reason of any other matter or condition beyond the control of any party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of any party be deemed Force Majeure. ARTICLE 33: LIENS The School Board's Interest in the Board Facilities shall not be subject to liens arising from Achievement Centers use of the Board Facilities, or exercise of the rights granted - hereunder, Achievement Centers shall promptly cause any lien imposed against the Board Facilities relating to any matter related to this Agreement to be discharged or transferred to bond. ARTICLE 34: SURVIVAL Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. 13 ARTICLE 35: ASSIGNMENT Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by Achievement Centers without the prior written consent of the School Board. There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments, ARTICLE 36: AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this 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. (REMAINDER OF THIS PAGE INTENTIONALLY BLANK] 14 IN WITNESS 'WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: Robert M. Avossa, Ed.D. Superintendent By: Ian Saltzman, Area One Superintendent Approved as to Form and Le ency- tt-�-c� Rollie N. Hawn, School Board Attorney ATTEST` Chevelle D. Nubin, MMC City Clerk Approved as to Form and Legal Sufficiency: City of Delray Beach, Attorney SCHOOL BOARD OF PALM BLEACH COUNTY, FLORIDA By: Chuck Shaw, Chairman City of Delray Beach By. Cary D. Glickstein, Mayor, City of Delray Beach Achievement Centers for Children & Families, a Florida not-for-profit corporation By: Stephanie Seibel, Executive Officer 15 EXHIBIT "A"' Achievement Centers for Children & Families will provide programming to students at Pine Grove Elementary, including, but not limited to, the following Services and Activities: L Afterschooi programming following school dismissal until 7:00 PM 2. Summer Camp beginning after the end of the school year in June and operating throughout the summer until August, from 7:30 AM to 5:30 PM, Monday through Friday 3. Expanded learning opportunities programming, provided through Prime Time, PBC. 4. Homework assistance and targeted academic support aligned to the principal's academic instructional goals for the school. S. Educational enhancement programs/curriculum such as utilization of the District Journeys Summer Curriculum, a robotics program, Character Counts, and District Afterschooi STEAM Initiative (aligned to Florida Standards). 6. Daily healthy snacks and meals 7. A variety of clubs and activities, based on students' interests, such as Digital Year Book, Robotics club, academic games, library club, ceramics, drumline and dance groups. 8. A variety of field trips of interest, particularly in the summer, including: educational experiences, activities to enhance socialization, leadership opportunities, community connectedness, and fun engagement opportunities. 9. Parent workshops on a variety of topics including: financial literacy with presenters from local banks, parenting classes and behavior management by licensed psychologist and therapists, health and wellness including weekly zumba classes for the community, and other activities which promote family bonding. 10. A variety of Special Events organized and funded by the Achievement Centers Foundation in partnership with the school to provide services and activities for children, parents, and the community such as Fall Family Fun Fest, a Community .lob Fair, Celebration of Black History Month and a Holiday Pageant, 11. For the families of students in the program, a full range of assessments, referrals, and linkages to services provided to support the family unit. These adjunct services will be provided through the Achievement Centers Family Strengthening Program (summary below) to engage, support, and empower families and the community. 12. Families will have access to Health Navigation Services by trained staff as well as Spanish and Creole translation services. 13. At all school sites, students will have access to ACCF`s Family Resource Center including a library, computer lab, music studio and sound studio, art room, and a gymnasium. Students may be transported by ACCF busses for these and other special activities. 14. Children and families in the program will receive holiday assistance, when available, through the agency's adopt -a -family program. All children receive holiday gifts and adopted families submit a list of needs that donors often provide/underwrlte include assistance with household bills and.childcare fees. 16 Achievement Centers for Children & Families will provide "Programs" to students at Village Academy. "Programs" include, but are not limited to, the following Services and Activities: 1. Afterschool programming following'school dismissal until 7:00 PM 2. Summer Camp beginning after the end of the school year in lune and operating throughout the summer until August, from 7:30 AM to 5:30 PM, Monday through Friday 3. Expanded learning opportunities programming, provided through Prime Time, PBC. 4. Homework assistance and targeted academic support aligned to the principal's academic Instructional goals for the school including Today A Reader, Tomorrow a Leader initiative outlined below by the school principal. S. Educational enhancement programs/curriculum such as utilization of the Journeys Summer Curriculum, a robotics program, Character Counts. 6. Daily healthy snacks and meals 7. A variety of clubs and activities based on students' interests, such as Digital Year Book, Robotics club, academic games, library club, ceramics, drumiine and dance groups. 8. A variety of field trips of interest, particularly in the summer, including: educational experiences, activities to enhance socialization, leadership opportunities, community connectedness, and fun engagement opportunities. 9. Parent workshops on a variety of topics including: financial literacy with presenters from local banks, parenting classes and behavior management by licensed psychologist and therapists, health and wellness including weekly Zumba classes for the community, and other activities which promote family bonding. 10. A variety of Special Events organized and funded by the Achievement Centers Foundation in partnership with the school to provide services and activities for children, parents, and the community such as Fall Family Fun Fest, a Community Job Fair, Celebration of Black History Month and a Holiday Pageant. 11. For the families of students in the program, a full range of assessments, referrals, and linkages to services provided to support the family unit. These adjunct services will be provided through the Achievement Centers Family Strengthening Program (summary below) to engage, support, and empower families and the community. 12. Families will have access to Health Navigation Services by trained staff as well as Spanish and Creole translation. services. 13. Students will have access to ACCF's Family Resource Center including a library, computer lab, music studio and sound studio, art room, and a gymnasium. Students may be transported by ACCF busses for these and other special activities. ' 14. Children and families in the program will receive holiday assistance, when available, through the agency's adopt -a -family program. All children receive holiday gifts and adopted families submit a list of needs that donors often - provide/underwrite include assistance with household bills and childcare fees. 17 Program Theme: Today A Reader, Tomorrow a Leader Target Audience: K- 5th grade Student Achievement Target: In conjunction with Delray Beach Education Board and the campaign for grade level reading Village Academy and The Achievement Center will increase the number of students reading on grade level by the end of the current school year. Program Design: Drop Everything and Read (D. E.A. R) i Daily Independent Reading - students will read for uninterrupted 30 minutes on a grade level text ("just right book") • Reader Response Journals will be implemented to support student on how to respond to and gain insight from texts, reveal their thinking, an interact with literature In.a meaningful way. Students will practice comprehension strategies as they read such as: Making -connections, questioning, visualizing, Inferring, determining the importance of information within a text, and synthesizing. • Reading Extension Activities will include : Literature Circles, Book Clubs and Headers Theater Reading Running Records will be used to track student progress and determine appropriate level of books available for students to reading during this time Expected Outcomes/Results • Increased Reading Stamina • Increased number of students reading on grade level by years end Research Indicates that children who read at least 20 minutes a day outside of the classroom do better In school and in life. Just Take 20 gives families tips and activities to integrate reading easily Into daily life. JustTake20.ors. 18 FAU SUMMER ENRICHMENT PROGRAM AT VILLAGE ACADEMY ACCF is committed to infusing the curriculum with innovative strategies. To offer inspiring opportunities that presented new learning experiences to junior and high school students, a difficult population to engage, we partnered with FAU for an 8 week program. Upon completion, students will be interviewed and surveyed and, based on feedback, the program will be modified for Summer 2016. Each week of camp had a focus area and various partners presented/offered experiences around the theme. . Teamwork & Leadership: Students participated in a rope course and worked with the Youth Leadership Counsel at FAU on developing and identifying leadership skills. Business Week: Students attended the College of Business were Dr. Rupert Rhodd shared with the students the many opportunities available to them. To end the session, the students had the opportunity to experience the famous "Trading Room" modeled after the NY Stock Exchange. • Robotics, Technology & Engineering: This week focused on critical thinking. Dr. Raviv created several mind bending puzzles and our students will had the opportunity to challenge themselves and listen to a lecture on why those particular designs help develop• critical thinking. • Culinary Arts: Students learned about career opportunities in the hospitality industry from Gregory Bohan. His diverse knowledge in hotel sales, marketing & tourism helped students understand the many areas of employment and skills needed in this industry, • Visual Arts and Design: Students attended a lecture on art history by Dr. Brian McConnell followed by a guided tour of the art gallery. • Marine Biology; Students traveled to Port Saint Lucy (Harbor Branch) FAU. They toured the marine facility and had the opportunity to learn about and dissect squid. • Athletics: Students visited the FAU stadium including a behind the scenes tour of the athletic operations. Students also learned about different careers opportunities. Computers & Electronics: Jessica Hibbard and George Edmund gave a tour of FAU labs and students participated in a hands-on activity. 19 EXHIBIT "B" FAMILY STRENGTHENING PROGRAM The Family Strengthening Program (FSP) is a new, creative and ever -evolving community-based outreach and support program within ACCF. Program components include needs assessments, outreach, active skill building workshops, parent and community engagement initiatives, and resource development and linkage. The program provides parenting, financial literacy, and health workshops; connects families to needed resources such as job training, housing, and counseling; and plans engagement activities that get families involved in their children's education. Fundraising through the Achievement Centers Foundation will support 2015-2016 initiatives and will allow the program to hire community liaisons (peer supporters, parent advocates). This innovative and well -researched strategy employs, trains, and supports trusted individuals from the community to serve as outreach workers who bring. positive behavior strategies to schools, advocate for families across multiple settings, and bridge the gap between families and the service delivery system. Effectiveness data will be collected to further support and replicate the program. Program Components: Needs Assessment- A needs assessments is being completed with ACCF parents and community members to identify most impactful stressors, Result are helping to guide program provision. For example, overwhelmingly families are identifying housing as a priority area. As a result, program staff are gathering resources related to housing and will provide informational sessions and workshops related to that identified need. Needs assessments are also completed as a part of the intake process for the program in order to monitor progress/ change in goal areas. Outreach- FSP is dedicating great effort to engage with the community. In order for families to trust and engage in services provided they need to have direct connection and access to staff. Partnering with schools and other service providers has been extremely beneficial as it allows the FSP to meet and interface with families in their community spaces that are comfortable and familiar. Community Liaison -A Community Liaison program (peer supporters, parent advocates) will launch Is August. This innovative and well -researched strategy employs, trains, and supports trusted individuals from the community to serve as outreach workers who bring positive behavior strategies to schools, advocate for families across multiple settings,'and bridge the gap between families and the service delivery system. Training has been (and will continue to be) provided on engagement, case management, mental health first aid, motivational interviewing, and restorative practices. In collaboration with the school principal at Village Academy, during school hours, this position will to help promote restorative practice strategies to build community and curb behavioral problems. These efforts will help bridge services provided at school and within our after school program. Effectiveness data will be collected to further support and replicate the program at Pine Grove and other targeted schools as appropriate. 20 Active Skill Building- Based upon need and evidence based strategies, active skills building workshops are provided to families and the community on our main campus and within partner schools. Workshops are hands on and practice based increasing the chance of skill acquisition. Planned workshops include; strategies to promote learning and literacy, positive parenting practices, behavior management strategies for home, school engagement strategies, and navigating the IEP process. Resource Development J Collaboration- Through school partnerships and other service providers, the FSP is helping to coordinate and bring community needed resources. Working closely with schools, family needs can be identified and referred for support services. Health Navigation will help families apply for health insurance and other benefits Including food stamps, snap, and TANF, BoysTown South Florida and other Behavioral Health providers offer services under our program. And, a growing team of volunteers provide onsite homework assistance for students during the after school hours. 21 EXHIBIT "CN HEALTHIER DELRAY BEACH INITIATIVE In 2b14 Palm healthcare Foundation, Palm Reach County's largest public health foundation, launched its Healthier Together initiative, a place -based funding strategy aimed at impacting sustainable and lasting change at a community level. Using a collective impact model, the initiative is designed to be community -driven with a focus of engaging residents, formai and informal leaders and stakeholders to ultimately grow capacity for change for themselves, their families, neighbors and friends. The foundation will invest $1,000,000 over 5 to 7 years in each of the 6 identified communities in Palm Beach County. Communities were selected using data - driven decision making around needs, gaps in services and history of collaboration. Delray Beach was selected by the foundation's Board of Trustees to be one of the first two communities to be fully engaged in the process. The project, tailed Healthier Delray Beach, was formed as a result of several community -wide meetings, visioning sessions and strategic planning meetings to improve the behavioral health among the residents in Delray Beach beginning with its most vulnerable population living in the 33444 zip code. The volunteer Steering Committee is comprised of individuals living and/or working in Delray Beach. This group is the governing body for the initiative. A Project Director works on behalf of Healthier Delray Beach, whose role is to coordinate efforts and act as a liaison between the initiative and the existing work and resources already established in Delray Beach, and reports directly to the Steering Committee. The Achievement Centers for Children & Families is the fiscal agent and backbone organization for the initiative. ACCF manages the funds on behalf of the community while providing - important infrastructure, resources and access to the population who will ultimately benefit from the Healthier Delray Beach initiative. Currently, the Project Manager shares an Office space at Pine Grove Elementary and this collaborative will bring coordinated services and benefit to all partner schools. 22 Exhibit "D" ACHIEVEMENT CENTERS FOUNDATION FUNDING ACCF Foundation is the sole fundraising arm for the agency's programming. It has the fiduciary responsibility of raising funds each, year through an annual fund campaign, special events and private grants. The Foundat€t)n supports 20-25io of the agency's FY budget. This financial support allows for the programming to be affordable for low-income and working families. in addition to program funding and scholarships for tuition fees, the Foundation raises funds for specific and supplemental initiatives in our summer and afterschool programs: Teen Summit: This annual event is donor funded and is attended by 250 teens In PBC and focuses preparing youth for a global society. Students hear a motivational message told by a local celebrity who has faced adversity followed by workshops taught by area experts. This year's theme was STAND: Students Taking Action and Navigating their Destiny and featured Twan Russell, Senior Director of Community Affairs for'the Miami Dolphins. Workshops included social networking & cyberbullying; college prep; dress for success; school to prison pipeline; hygiene/etiquette; suicide prevention; dollars & sense; pregnancy prevention; and how to conduct yourself when approached by law enforcement. Healthy Bellies: This healthy eating and cooking program is funded and operated by Chef Bruce Feingoid and Daba Restaurant. This program invites guests at Dada to donate funds to Healthy Bellies. One hundred percent of the proceeds go to provide nutritional meals and snacks, healthy cooking workshops and grocery.store field trips led by Chef Fe€ngold. t Community Health Fair: This year, ACCF hosts its 15th community health fair at Village Academy, partially funded by the Boca Raton Regional Hospital Foundation. The fair provides un/under-insured residents access to free health care. Community members attending the fair choose from comprehensive services including blood sugar, blood pressure, cholesterol, and prostrate screenings;- HIV/AIDS tests; pap smears; mammograms; physical, dental and vision exams; and flu vaccinations. • Social Media Club: Teens attending Village Academy are participating in a social media club led by ACCF Foundation staff. In this group students are managing the ACCF Twitter and instagram feeds as a 'Student Takeover' project. Teens are learning about -the role social media plays in business and the community and the importance of professional content. Students are responsible for gathering photos, quotes and information, planning a content calendar and posting throughout the week. Farmer Jay's Jr. Sprouts: The Zanelli Family Foundation funds the gardening club and Farmer Jay's Jr. Sprouts classes, The curriculum is designed to Introduce children to sustainable agriculture. The program inspires children to be Informed of how food is grown and how It affects their body. Modules include: seeds; scouting for insects; plant anatomy; composting; photosynthesis and plant nutrition; animals on the farm; where food comes from and planting a garden. 23 • SeaPerch Robotics Program: The Robotics Program, funded by SeaPerch, inspires students to explore the fields of engineering and technology. This new program engages young people to pursue academic paths to STEAM careers. Students assemble ROV units to develop critical thinking skills, engineering design processes, and teamwork strategies. Teams demonstrate their units across programs and have performance competitions. 8 Pine Grove Elementary Program Launch: Impact 100 funds allowed ACCF lay the foundation to provide quality and effective programming at Pine Grove Elementary for its first year of programming. The scope of the grant allowed ACCF and Pine Grove to make a long-term Investment in this low-income community to address the summer slide, time spent reading, and parent engagement. • Teen Program, AVID/Science: This program, funded by United Way of PBC serves teens attending Village Academy. Students receive intensive reading improvement tutoring, homework assistance, and guidance to complete missing assignments. Measurable goals include the percentage of students receiving passing grades and on track for grade promotion. FY15 adds a math/science component. 24 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-281, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 BID AWARD TO SEACOAST EMBROIDERY, INC., FOR POLICE DEPARTMENT UNIFORMS (2016-020) Recommended Action: Motion to Award Bid 2016-020 to Seacoast Embroidery Inc. at an annual cost not to exceed $110,000.00 for a three (3) year period with two (2) additional one (1) year renewals periods. This recommendation is in compliance with the Code of Ordinances, Section 36.02 (A)(1), "Sealed Competitive Method". Funding is available from 001-2111-521-52.22 (General Fund: Operating Supplies: Uniforms/Linen Service), 001-2111-521-52.27 (General Fund: Operating Supplies/Equipment<$1,000), 001-2115-521-52.22 (General Fund: Operating Supplies: Uniforms/Linen Service) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment<$1,000). Background: On October 15, 2015, the City issued a competitive Bid 2016-020 for the purchase of uniforms for Police Department personnel including shirts, pants, boots, holsters, and police equipment. The bid encompassed 138 specific items used as part of a Police Department uniform. On November 5, 2015, the City received two responses. Seacoast Embroidery Inc. was the lowest bidder on a majority of the items. In order to minimize the administration time spent on ordering Police Department uniforms, the Police Department requested an online ordering system. Seacoast provided pricing on 131 items while the second bidder, Red the Uniform Tailor, bid on 113 items. The bid award is in accordance with Code of Ordinances, Section 36.02 (A)(1), "Sealed Competitive Method". The award is for a three (3) year price agreement with two (2) additional one year renewal periods. The annual cost is not to exceed $110,000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. 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J O O O O O O O O O O O O O ++ U U U U U U U U U U U U U O C C C C C C C C C C C C C f6 f6 f6 f6 f6 f6 f6 f6 f6 f6 f6 f6 m m m m m m m m m m m m m m Ln c-1 O N Ln O c -I c -I N a� (6 q0 C N Q Purchasing Compliance Checklist 36.02 (A) Amount: 1$25,000 and above (1) Competitive Bid ./ Lowest Responsive Bid (2) RFP Selection Committee Recommendation (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached 36.03(C) 36.06 City Commision Approval: (3) Professional Service ❑✓ 36.03(A) $25,000 and above (A S ecialit Good ❑ 36.03(B) Multiple acquisitions $25,000 and above V y (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (8) Cooperative Letter certifying best price Contract Term of award: Competitively Bid (11) Best Interest Best Interest Resolution Revenue generating contract Change Order Original Commission Approval Date: Amount approved: Contract Yes Q No Q Proposed Contract Term: Comments and Notes: Bid Award 2016-020 Police Uniforms Effective Date: nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-333, Version: 1 TO: Mayor and Commissioners FROM: Tennille Decoste, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT SERVICE EMPLOYEES INTERNATIONAL UNION, FLORIDA PUBLIC SERVICES UNION, CTW, CLC. (SEIU) Recommended Action: Motion to ratify the Collective Bargaining Agreement between the City of Delray Beach and the Service Employees International Union, Florida Public Services Union, CTW, CLC. (SEIU) for the period of October 1, 2015 through September 30, 2018. Background: Attached for approval is the Collective Bargaining Agreement between the City of Delray Beach and the Service Employees International Union, Florida Public Services Union, CTW, CLC. (SEIU). The parties have reached a three (3) year agreement for the period beginning October 1, 2015 through September 30, 2018. The SEIU ratified the attached Collective Bargaining Agreement on November 20, 2015. A summary of the major changes are as follows: 1. Wages (Article 11) FY 15/16 Total - $144,680 SEIU annual merit increase of 0-5% Salary Table Maximums increased 15 % Six (6) positions reclassified FY 16/17 Total - $396,710 (Cumulative Total) SEIU annual merit increase of 0-5% FY 17/18 Total - $659,330 (Cumulative Total) SEIU annual merit increase of 0-5% I ne total economic rroposall: s 1,200,720 2. On -Call / Standby Compensation (Article 41) - New Article Replaces MOU Parties agreed to replace the Memorandum of Understanding that was in effect from City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-333, Version: 1 October 1, 2004 that addressed On -Call /Standby. The MOU paid 80 cents ( $0.80) per hour for ALL HOURS worked for volunteering to be in the On -Call/ Standby Program ( $1,164 per year, per employee, for just being in the program) The new article pays actual time worked at time and one-half or a minimum of three (3) hours straight time pay when such callback is between the hours of 8:00 am and 12:00 am (midnight) whichever is greater. Actual time worked at time and one-half or a minimum of four (4) hours straight time pay when such callback is between the hours of 12:01 am and 7:59 am whichever is greater. If the employee is deemed to be on standby status (designated to respond to call back for emergency service during off duty status by the Department Head or his/her designee) they will receive twenty- five dollars ($25.00 per weekday and thirty dollars ($30.00) per weekend day or holiday. 3. Insourcing (Article 42)- New Article Committee comprised of three (3) representatives from the City (chosen by the City Manager) and three (3) representatives chosen by the Union to review alternatives presented by the Union to the outsourcing of work. The committee will meet on one occasion no later than January 16, 2015 and any other times that the City and Union may mutually agree. Purpose of committee is to review any such proposal made by the Union to determine whether it is a competitive alternative to outsourcing and to make no -binding recommendation to the City Manager. 4. This contract was ratified on November 20, 2015 by the Union 85 (yes) to 5 (no). Agreed to a three (3) year contract for the period of October 1, 2015 through September 30, 2018 City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ aae ylvJ.w '�y �jI Human Resources clTy M �EM0RA11TI]t7a To: Donald Cooper, City Manager Through: Francine Ramaglia, Assistant City Manager '� From: Tennille Decoste, Director, Human Resourc:01-1"' Date: November 16, 2015 Subject: Approval of Collective Bargaining Agreement (SEIU) City Staff have tentatively agreed to a collective bargaining agreement on November 3, 2015 between the City of Delray Beach and the Service Employees International Union 1 Florida Public Services Union, CTW,. This agreement will be in effect from October 1, 2015 to September 30, 2018. Pursuant to Florida Statutes 447.309 Collective Bargaining; approval or rejection, we are seeking your recommendation for approval of the agreement. Should you concur, please execute this memorandum where indicated below. Chevelle Nubin Date City Clerk t� zap onald B. Cooper D to City Manager CC: Tennille Decoste, Director, Human Resources Duane D'Andrea Labor and Employee Relations Manager Francine Ramaglia, Assistant City Manager Chevelle Nubin, City Clerk nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-323, Version: 1 TO: Mayor and Commissioners FROM: John Morgan, Director, Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 RESOLUTION NO. 80-15 - BEST INTEREST/AMERISTAR PARKING SOLUTIONS, LLC. Recommended Action: Motion to Approve Resolution No. 80-15 to retroactively award the Parking Facility Management Annual Contract to Ameristar Parking Solutions, LLC. in the amount of $259,730.00 to provide parking facility management for the Federspiel and Old School Square parking garages; declaring by a four-fifths affirmative vote that the City's Sealed Competitive Method or Written Quotations Procurement Method for the purchase is not in the Best Interest of the City. This recommendation is in compliance with the Code of Ordinances, Chapter 36, Section 36.02. Funding is available from 001 -3151-545-34.90 (General Fund: Operating Expenses - Miscellaneous/Other Contractual Services). Background: On October 10, 2014 the City entered into a firm price contract with Ameristar Parking Solutions LLC to provide parking facility management for the Federspeil and Old School Square parking garages. The term of the contract was for a one year initial term with the option to renew at the same terms for two consecutive terms of one year. On April 21, 2015 the Purchasing Department began the contract renewal process. Due to some discrepancies in the bid documents for this project, Ameristar Parking Solutions and the City's Parking Facilities Manager believed that the contract was for a three year term and the City's Parking Facilities Manager did not provide the Purchasing Department with direction regarding the annual renewal in time to complete the renewal process. As such, the contract expired on October 9, 2015. Although the contract is expired, Ameristar Parking Solutions has continued to provide uninterrupted parking services in "good faith" without compensation and would like to continue to provide these services at the same price, terms, and conditions of the previous annual contract. Staff considered the options of proceeding with a month to month agreement or rebidding the parking facility management project. In light of the upcoming solicitation for a comprehensive "turnkey" parking management program, it seemed prudent and in the City's best interest to enter into a new annual contract with Ameristar Parking Solutions. Should the need arise during the contract term, the agreement with Ameristar Parking Solutions could be terminated if in the best interest of the City. City Attorney Review: Approved as to form and legal sufficiency. Funding Source: City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-323, Version: 1 Funding for the Parking Facility Management Annual Contract is available from 001-3151-545-34.90. Timing of Request: This request is highly time sensitive. The contract expired on October 9, 2015 and the vendor has provided uninterrupted parking services in "good faith" without compensation. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" RESOLUTION NO. 80-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RETROACTIVELY AWARDING THE PARKING FACILITY MANAGEMENT ANNUAL CONTRACT TO AMERISTAR PARKING SOLUTIONS LLC; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, providing sufficient parking and effectively managing parking assets in a key factor in maintaining community vibrancy, fostering economic development, and meeting the goals and objectives of the Downtown Master; and WHEREAS, the City built parking garages in 2007 to serve additional parking need of downtown patrons; and WHEREAS, the Robert Federspiel Parking Garage and Old School Square Garage provide more than 700 spaces to the downtown area; and WHEREAS, the City entered into a firm price contract with Ameristar Parking Solutions LLC to provide parking facility management for the Federspiel and Old School Square parking garages; and WHEREAS, term of the contract was for a one year initial term with the option to renew at the same terms for two consecutive terms of one year; and WHEREAS, Ameristar Parking Solutions has performed satisfactorily during the term of the contract; and WHEREAS, due to a misunderstanding regarding the bid documents for this project, Ameristar Parking Solutions and the City's Parking Facilities Manager believed that the contract was for a three year term; and WHEREAS, the City's Parking Facilities Manager did not provide the Purchasing Department with direction regarding the annual renewal in time to complete the renewal process; and WHEREAS, the contract expired on October 9, 2015; and WHEREAS, Ameristar Parking Solutions has continued to provide uninterrupted parking services in "good faith" without compensation and would like to continue to provide these services at the same price, terms, and conditions of the previous annual contract; and WHEREAS, it is in the best interest of the City to retroactively enter into a new annual contract with Ameristar Parking Solutions; and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non -real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four -fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths (4/5) affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the award of the parking facility management contract for the Federspiel and Old School Square parking garages is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. Morgan, John From: Jon England <ameristarje@gmail.com> Sent: Tuesday, November 24, 2015 9:06 AM To: Morgan, John Cc: Thorn, Melissa Subject: Contract - APS Good morning John, It was nice meeting with you yesterday. As discussed we will continue to operate as we seek a path to move forward. After careful review I have determined that we can continue at the current price point if we are issued a (continuance) 1 year term. We could work with a month to month agreement but our rates would have to increase and we would lose some of the efficiencies that are currently in place, the loss of efficacies alone would result in a significant increase in cost. I would prefer the to operate with one year term. We come in well below our bid amount of 252k every year. The actual price tag is more around 170-180k per year. We would of course profit more by taking advantage of the full billable man hours but we have always kept the best interest of the City in mind when operating. Having a company that has been a part of the community for over 15 years pays off. We would like to continue to operate as efficiently as possible, our ability to do so will be determined by how this agreement is structured. Thank you, Jon England 321-544-1779 (Direct) 321-327-2020 (Fax) www.apsvalet.com f�:rrk#rx,� .ir�lrptrrxa.w nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-328, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 RESOLUTION NO. 81-15 - PUBLIC UTILITY EASEMENT ABANDONMENT - 1118 WATERWAY LANE Recommended Action: By motion, approve Resolution No. 81-15 to abandon a 5' x 100' public utility easement dedicated via the Plat of 1118 Waterway Lane, as recorded in Plat Book 18, Page 100, of the Public Records of Palm Beach County, Florida, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.6(N)(5), Abandonment of Public Easements, subject to the condition that Comcast Cable company release its interest in the easement prior to recording the abandonment. It should be noted that other property owners located within this plat have made requests for the abandonment of a similar easement, which request has been granted. Background: The subject property, located on the south side of 1118 Waterway Lane, contains a single family residence. The subject easement, located along the rear (south) lot line, was dedicated on the Plat for "Waterway Lane" (Plat Book 18, Page 100), recorded on December 26, n1940. Since the easement is not needed to service the property, the property owner is seeking its abandonment. Other easements in this area have been abandoned previously. Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. A response has been received from Florida Public Utilities, AT&T, and FP&L, which all indicated that they have no utilities within the easement and do not oppose the proposed abandonment. The Comcast Cable company initially indicated opposition to the proposed abandonment without explanation. The City has no record of Comcast having any utilities or interest in this property, and followed up with Comcast. Subsequently Comcast provided a verbal release of this easement and staff is waiting to receive the signed release. It is noted that similar request for abandonment of this easement in the neighborhood have not met with opposition from the Comcast Cable company. Therefore, a positive finding with respect to LDR Section 2.4.6(N)(5) is subject to Comcast Cable releasing its interest in the easement and this is recommended as a condition of approval. Approval subject to this condition is consistent with LDR Section 2.4.6(N)(5). City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File M 15-328, Version: 1 City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" RESOLUTION NO. 81-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE PUBLIC UTILITY EASEMENT LOCATED ON THE PROPERTY AT 1118 WATERWAY LANE, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." WHEREAS, the City of Delray Beach, Florida received an application for abandonment of a public utility easement dedicated via the Plat of "Water Way Lane," as recorded in Plat Book 18, Page 100 of the Public Records of Palm Beach County, Florida, located at 1118 Waterway Lane, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of the public utility easement was processed pursuant to Section 2.4.6(1), "Abandonment of Public Easements , of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings (subject to a condition of approval); and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A", subject to the condition that Comcast Cable company release its interest in the easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the day of 2015 ATTEST: City Clerk MAYOR 2 RES. NO. 81-15 Date: 12/1/2015 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\1118 Waterway Lane—Perkins Residence.mxd m Q N d C Q Beach Dr Seaspray Ave Sand Waterway Ln J �, U a� QI c o j_ C Lay)g St m Q N N i Q N Vista Del Mar Dr S-1 Vista Del Mar Dr a� Q N N Thomas St � � J L � � � 3 N J - 1118 WATERWAY LANE NORTH Subject Property J PLANNING & ZONING LOCATION MAP DEPARTMENT Date: 12/1/2015 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\1118 Waterway Lane—Perkins Residence.mxd nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-318, Version: 1 TO: Mayor and Commissioners FROM: Holly Vath, Chief Purchasing Officer Jeff Goldman, Police Chief THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 APPROVE STATEMENT OF WORK FOR THE P25 RADIO SYSTEM WITH PALM BEACH COUNTY Recommended Action: Motion to Approve Palm Beach County to execute a change order for the City of Delray Beach Statement of Work for the P25 radio system in the amount of $1,333,573.00. Funding is available from 334-2111-521-64.32 (Capital Replacement - P25 Radio System). Background: The City Commission approved an interlocal agreement with Palm Beach County at its December 2, 2014 meeting. This agreement (attached) created a cooperative purchasing alliance between the City and Palm Beach County for acquisition of a P25 radio system. Our current radio system is integrated into the County system and the City opted to participate in the joint bid in order to migrate to the new technology. Palm Beach County awarded the RFP for the P25 radio system to Motorola on September 2, 2015. The County approved a contract, through Resolution 2015-1673, with Motorola on November 17, 2015. The City received the proposed Statement of Work on November 24, 2015 which utilizes the County bid pricing. The City has to provide 110% of the cost of the equipment and installation to the County upon acceptance of the Statement of Work. The cost of the project is $1,212,339, so the amount to be remitted to the County is $1,333,573. The P25 radio system is a standard for the design and manufacturing of interoperable digital two-way wireless communications products. It was developed in North America with state, local and federal representatives and Telecommunications Industry Association' (TIA) governance, it has gained worldwide acceptance for public safety, security, public service, and commercial applications. The published Project 25 standards suite is administered by the Telecommunications Industry Association (TIA Mobile and Personal Private Radio Standards Committee TR -8). Radio equipment that demonstrates compliance with Project 25 is able to meet a set of minimum requirements to fit the needs of public safety. This standard allows for improved communications within and between agencies - especially emergency service providers. Such intra- and inter -operability is necessary for coordinating efficient and timely responses in our post 9/11 world. This Statement of Work includes a 800 MHZ P25 Simulcast system, Dispatch console systems, and all infrastructure connectivity needed. A detailed description of the scope of work can be found in City of Delray Beach Page 1 of 2 Printed on 1 21212 01 5 powered by LegistarT"^ File #: 15-318, Version: 1 Exhibit B3. The system includes backup redundancy in case of primary equipment failures. The City will initiate a separate procurement for the mobile radios and related services. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. The project is included in the FY2016 capital budget on a vender (Motorola) financing basis. This is no longer a practical alternative within the integrated County procurement structure. Finance is developing an alternative permanent funding plan, which if necessary will be presented to the Commission for authorization. Funding Source: Funding is available from 334-2111-521.64-32 - Capital Replacement - P25 Radio System Timing of Request: Motorola will provide an upgrade to approximately 210 City of Delray Beach non -police radios at no cost to the City with approval at the December 8 Commission meeting.The City will also be able to participate in a Motorola factory staging test at the Motorola facility in Illinois in March with approval at the December 8 Commission meeting. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ , 014` INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT ("Agreement") is made and entered into DEC 0 2 2014 , by and between Palm Beach County, a political subdivision of the State of Florida ("County") and the City of Delray Beach ("City"), a municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the County has initiated a P25 Migration Project pursuant to which the County will replace its existing public safety radio system with one that is APCO P25 compliant; and WHEREAS, the City has been interoperable with the County's current public safety radio system since 2000 and desires to continue to receive the benefits of interoperability; and WHEREAS, the City owns a radio system which is connected to the County's public safety radio system through the County's Motorola SmartZone", Controller; and WHEREAS, the City wants to replace its City owned system with an APCO P25 compliant system; and WHEREAS, the County and City concur that it is in both parties' best interests to jointly plan, set performance specifications and participate cooperatively in a single procurement process for the replacement of their individual radio systems; and WHEREAS, this Interlocal Agreement provides the framework for the City to make the election (or take the actions) specified in this Agreement and for the County to provide the services in relation to the City's P25 migration project as set forth herein. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein the parties hereto agree as follows. Section 1: Recitals The foregoing recitals are true and correct and incorporated herein by reference. Page 1 of 15 Section 2: Purpose The purpose of this Agreement is to define the relationship between the County and the City by setting forth the parameters under which the County will: (1) facilitate the Consultant's preparation of City's Design Criteria Package; (2) prepare an RFP for the P25 Migration Project which includes the City's Design Criteria Package as an Alternate; and (3) at City's election and cost, contract with the Contractor for the design and installation of the City's Radio System. The County will perform project management services for the City. In addition, this Agreement sets forth the City's obligations for funding the County's third party costs and expenses relating to the City's Radio System. Section 3: Definitions 3.01 Alternate: A portion of the RFP which describes a discrete scope of work for which a response is mandatory, and which work must be performed by the respondent to the RFP, if City in its sole discretion makes the Radio System Election as set forth herein, despite the fact that the respondent will not know whether that discrete scope of work will actually be awarded as part of the P25 Radio System Contract. 3.02 Board: The Palm Beach County Board of County Commissioners, 3.03 CID: The Capital Improvement Division of the FDO Department. CID is responsible for the administration of the Consultant's and Contractor's contracts. 3.04 City: City of Delray Beach, a municipal corporation of the State of Florida. 3.05 City Consultant_ Services Authorization (City. CSA): Written document describing the Consultant's work effort necessary to; 1) prepare the City Design Criteria Package, 2) provide installation administration services, 3) provide project close-out services, and 4) authorize any other work, allowed pursuant to the Consultant contract, requested and approved by the City Representative. 3.06 City_ Contingency: Ten Percent (10%) of the cost of the City CSA and Ten Percent (10%) of the cost of the City SOW to be transferred to the County by the City; 1) at the time of City Design Criteria Election, and 2) at the time of City Radio System Election. The contingency to be transferred at the time of Radio System Election is equal to 10% of the cost of the City SOW and 10% of the costs of the Consultant's installation administration services. The City Contingency can be used by the City to fund changes made necessary by; 1) requests of the City, and/or 2) errors and/or omissions of the Consultant during the design/implementation phase, and/or 3) unforeseen conditions as defined by the P25 Radio System Contract. Page 2 of 15 3.07 City Design Criteria Package. The Consultant's work product in response to the City CSA. The City Design Criteria Package will specify performance based criteria for the City Radio System which may include material quality standards, conceptual design, budget restrictions, schedule and other requirements to accurately reflect the required project elements such as conducting field surveys, and performing propagation analyses. 3.08 City Design Criteria Package Election: A written notification which at a minimum contains a; 1) statement that the scope of work for the City CSA is final, 2) certification that the City accepts the Consultant's proposed cost for the City CSA, 3) a monetary transfer in an amount equal to 110% of the cost of the City CSA, 4) identification of the City Project Manager, and 5) certification that the City Representative has the authority to make the City Design Criteria Package Election. 3.09 City Project Manager: The Chief of Police, or his designee, that is the primary City point of contact for the County Project Manager with respect to the administration of the City CSA and the City SOW. This person shall act on behalf of the City and be responsible for making timely decisions, approvals (either approving or securing City approval), processing accounting approvals, and authorizing City initiated change orders and funding transfers. The City Project Manager shall not directly communicate with the Consultant or the Contractor but instead shall communicate with the County Project Manager unless otherwise authorized by the County Project Manager. 3.10 City Radio System: A City owned and operated P25 compliant public safety radio system. 3.11 City Radio System Budget: The total of the City CSA plus 10% contingency, the City SOW plus 10%, and any other funding that may be required by the County to complete the City's CSA or City SOW, approved by the City and transferred to the County from time to time. 3.12 City Radio System Election: A written notification which at a minimum contains a; 1) statement that the City concurs with the County's selection of a Contractor, 2) certification that the City accepts the scope, terms, conditions and costs of the City SOW, 3) certification that the City accepts the costs of the Consultant's cost for construction administration, 4) monetary transfer in an amount equal to 110% of the cost of the City SOW plus 110% of the Consultant's installation administration services, and 5) certification that the City Representative has the authority to make the City Radio System Election. 3.13 City Representative: The City Manager or designee who has the authority of the City to obligate the City pursuant to this Agreement, after adhering to City adopted policies and procedures. Page 3 of 15 3.14 City Statement of Work (SOW): The specific scope of work for the City Radio System which is negotiated with the selected Contractor and, at a minimum, includes provisions describing the responsibilities of the Contractor, defining the conditions of sale, delivery, installation and acceptance testing, detailing the system parameters, identifying unit quantities, detailing the cut -over plan and containing the price and schedule for the proposed City Radio System. 3.15 Consultant: RCC Consultants Inc., a professional engineering firm awarded a continuing services agreement by the County. 3.16 Consultant Services Authorization (CSA): A written task order issued against the Consultant contract which describes the scope of services to be performed, the cost for services and the timeframe for completion. 3.17 Contractor: The properly licensed vendor awarded a contract by the County for the P25 Migration Project. 3.18 Coun : Palm Beach County, a political subdivision of the State of Florida. 3.19 County Project Manager: The Capital Improvement Division Director, or his designee, that is responsible for the management of the Consultant contract and the P25 Radio System Contract. 3.20 County Representative: The FDO Director, who is given the authority to obligate the County in accordance to County adopted policies and procedures. 3.21 Electronic Services and Security Division (ESS): The division of FDO responsible for administration and management of the County's Radio Systems. 3.22 Facilities Development & Operations Department (FDO): The County Department responsible for oversight of ESS and the design, construction, management and operation of County electronic systems under the jurisdiction of the Board. 3.23 P25 Migration Project: The replacement of County's existing public safety radio system (in whole or in part) to a system which is compliant with the Association of Public -Safety Communications Officials (APCO) P25 standards which includes fixed transmitting and receiving equipment, a microwave system for communications between sites, remote and prime site control and management equipment, dispatch consoles and related equipment. 3.24 P25 Radio Systern Contract: A binding agreement between the County and the Contractor which sets forth the requirements for the P25 Migration Project including the cost thereof. Page 4 of 15 3.25 RI=P: County issued request for proposals for a P25 Migration Project which will, upon City election, include the City Design Criteria Package as an Alternate. 3.26 SmartZoneTM Controller: The Motorola SmartZone"m Controller is the central computer that currently manages and controls the operation of the County's and City's Public Safety Trunked Radio Systems_ The SmartZoneTm Controller manages access to system features, functions, individual radio users and talk -groups. Section 4: Project Management Services 4.01 The County shall provide project management services throughout all phases of the P25 Migration Project. The County shall also provide project management services related to the City CSA and the City SOW. 4.02 The County shall have the full authority to take all actions and make all decisions necessary to prosecute the work associated with awarded contracts including on those portions of the work undertaken on the City's sole behalf. In such capacity, the County shall use it best professional judgment in determining which matters are of a nature and magnitude where consultation and approval of the City Project Manager must be obtained prior to authorizing an action. In general, matters which are routinely addressed with, or require approval of ESS, will require the approval of the City Project Manager. Matters which are routinely addressed with or require the approval of the Director, Facilities Development & Operations, will require the approval of the City Representative. However, when a speck provision of this Agreement requires City approval or consultation prior to the County taking action, such specific provision shall be applied to that specific approval requirement. 4.03 Pursuant to the requirements of Section 287.055, Florida Statutes (the Consultants' Competitive Negotiation Act), the County has selected RCC Communications, Inc. for a continuing contract related to the County's Public Safety Radio System, which includes the preparation of the design criteria package for the County's migration of its current public safety radio system to one that is in compliance with APCO P25 compliance standards. 4.04 The County shall cause the Consultant to create a vendor neutral design criteria package that will form the basis of a competitive Request for Proposals (RFP) for a contractor to implement the P25 Migration Project. The County shall conduct the RFP pursuant to County code, policies and procedures. 4.05 The County shall use its standard form contract for design and construction service authorizations and/or work orders which incorporates all provisions required by state statute, local laws or policies, including but not limited to, payment and performance bonds and insurance requirements. Page 5 of 15 4.06 The County shall negotiate the fees associated with the Consultant and/or Contractor contract and pay each Consultant and/or Contractor from the funds provided by the City for that purpose pursuant to Section 9 of the Agreement. Section 5: Desion Criteria Phase 5.01 The City Project Manager and the Consultant shall develop a scope of work by which the Consultant can develop the City Design Criteria Package sufficient to allow a design -build contractor to respond to the RFP. Using the scope of work identified by the City, the County Project Manager shall negotiate the Consultant's costs, which together comprise the City CSA. When the City is satisfied with the proposed City CSA, it shall provide the County with the City Design Criteria Election. The City must make the City Design Criteria Election no later than 30 days after the Effective Date of this Agreement. Upon receiving the City Design Criteria Election, the County shall enter into a City CSA on behalf of the City. 5.02 Upon County execution of the City CSA, the County and Consultant will diligently begin work on the City CSA. 5.03 The Consultant will concurrently provide the City and County Project Managers with copies of all deliverables and submittals required by the City CSA for review and comment. The County Project Manager shall meet with the City Project Manager and Consultant(s), if necessary, to review the deliverables and submittals. The Consultant shall provide the County and the Project Managers with written reports containing all comments resulting from all submittal reviews. The County and the City Project Manager shall review the written reports to ensure that the Consultant addresses each comment and incorporates changes approved by the City into the work product. 5.04 The City may make changes to the City CSA by having the City Representative request that the County Representative amend the City CSA and providing the same notification with regard to the change request as the City provided for the City Design Criteria Election. Upon receipt of the City's request to change; the County shall enter into an amendment to the City CSA_ Funding for any City GSA amendment will be as described in Section 9. 5.05 The County Project Manager shall administer the City CSA in accordance with the Consultant Contract and the City CSA. In the event of a conflict between the Consultant Contract and the City CSA, the terms of the Consultant Contract shall prevail. 5.06 At any time during the term of this Agreement, the City may request that the County cause the Consultant to perform service provided for in the Consultant's contract other than those provided for in the City CSA. The City's request for other Page 6 of 15 services shall be in the same format and content as the City Design Criteria Package Election. 5.07 If the City terminates this Agreement after the Consultant has delivered the Design Criteria Package to County, then the County shall provide the City Design Criteria Package to the City. Section 6: Reauest for Proposals (RFP 6.03 The County shall prepare a RFP for a Contractor which includes an Alternate encompassing the City's Design Criteria Package and which may be awarded to the Contractor, at the City's election. The RFP shall contain language clearly indicating that the City's Design Criteria Package is a mandatory component, which may or may not be awarded in the City's sole discretion, and that the unit or component prices included in the Alternate shall be identical to those unit or component prices included in the bid for the County's P25 Migration Project. The City Radio System Election may, or may not be made by the City, in its sole discretion, and the proposer will be bound by its responses to the County portion of the RI=P regardless of whether the City chooses to make the City Radio System Election. 6.02 The City shall be invited and encouraged to participate in all aspects of the RFP and the selection of a Contractor, but shall not have a representative sit as a voting member of the final selection committee. If the City does not concur with the results of the County's selection of a Contractor, the City may terminate this Agreement. 6.03 Despite not having a representative of the City as a voting member of the final selection committee for the Contractor, elected officials of the City shall comply with Sec. 2-355, Palm Beach County Code of Ordinances with regard to communication with respondents to the RFP. The County Representative shall provide to the City's elected officials the same notifications with regard to the cone of silence to City elected officials as he/she does to the Board. Employees of the City shall comply with the terms of the RFP with respect to directing communications to and from potential respondents about the RFP. 6.04 After the selection committee's recommendation has been considered by the Board, the Board may direct County Representative to begin negotiations with the selected contractor. Within 30 calendar days of the Board's direction to County staff to commence negotiations, the City Representative shall advise the County Representative as to whether the City desires that the County negotiate the selected contractor's City SOW. 6.05 The County Project Manager and Consultant shall negotiate the City SOW according to the City Design Criteria Package and the Contractor's proposal. The County Project Manager shall coordinate the negotiations with the City Project Manager so that the City can reasonably participate in the negotiations. Page 7 of 15 6.06 Upon completion of the negotiations with the selected contractor for the City SOW, the County will transmit a copy of the proposed City SOW to the City for review and final comment. Concurrent with the transmittal of the City SOW, the County shall also transmit the terms pursuant to which the County will allow the City to use assets of the County's P25 Radio System on an on-going basis. The City shall have no more than sixty (60) calendar days from the receipt of the transmittal for the City to provide the County with the City Radio System Election. If the City chooses not to make the City Radio System Election within 60 calendar days, the County shall have the right to terminate this Agreement. Section 7: Desian; and Installation Phase 7.01 The County Project Manager shall conduct a pre -work conference for attendance by the Consultant, City Project Manager, the Contractor and all other interested parties. 7.02 The County Project Manager and the Consultant shall provide installation administration services described in the City CSA and the City SOW. Examples of such services are: 1) reviewing and commenting on shop drawings; 2) administering coordination meetings; 3) making recommendations on change orders; 4) measuring, estimating and calculating quantities of work and certifying estimates and vendor/installer payments; 5) performing and reporting on field testing of materials and equipment; 6) identifying and resolving technical problems encountered during implementation; 7) conducting on-site inspections of all facilities and equipment installations, certification of equipment operating parameters, verification of system integration and integration with existing systems and equipment; 8) participating in site acceptance testing, reviewing and verifying all test data to determine whether site and equipment performance is in compliance with the City SOW; and 9) participating at system acceptance testing including staging at the manufacturer's facilities and in the City after its installation. 7.03 The County Project Manager shall review the payment applications submitted by the Contractor for completeness and conformance with contract requirements, Certification of the amount(s) to be paid shall be determined with the Consultant after consultation with and approval by the City Project Manager. Copies of the applications for payment shall be sent to the City Project Manager after County approval of payment application. 7.04 The City may make changes to the City SOW by having the City Representative request that the County Representative amend the City SOW and providing the same notification with regard to the change request as the City provided for the City Radio System Election. Upon receipt of the City's request to change; the County shall enter into a change order to the City SOW. Funding for any amendment to the City SOW will be as described in Section 9. Page 8 of 15 Section 8: Proiect Close -Out 8.01 The County Project Manager and the Consultant shall provide project close-out services in accordance with the City CSA and City SOMI. Examples of those services are: 1) review of general accuracy of information submitted and certified by the Contractor; 2) preparation of electronic Auto CAO 2013 record drawings based on information furnished, including significant changes in the work made during implementation; 3) during final inspection assist in the development of the list of items to be completed; 4) assist with acceptance testing, system certifications and inspections to verify final completion of the list of items and the work; and 5) obtain and compile all required closeout documentation including but not limited to record drawings, approved final permits, certificates of occupancy, certificates of completion, product and contractor warranties, training material and user manuals etc. 8.02 No earlier than the successful completion of the City Radio System acceptance testing and no later than concurrent with the closeout of the P25 Radio System Contract, the County will: 1) convey, via bill of sale to the City, all assets that are the subject of the City SOW; and 2) assign all warranties to the City that are the subject of the City SOW. The exact time for conveyance and assignment will be agreed upon by the County Representative and City Representative, 8.03 The sole responsibility for maintenance of the City Radio System, and the costs thereto, shall pass to the City concurrent with the conveyance of the assets and assignment of warranties described above. 8.04 The City and the County will create a separate agreement, or amend the existing agreement, for the City's ongoing use of any County P25 Radio System assets. Section 9: P9ject Funding. Payments and Change Management 9.01 The City shall be responsible for all costs associated with the City CSA(s) and City SOW. City's funding responsibilities shall include, but not be limited to, all procurement costs, the costs of frequency management services, application and permit fees to governmental entities, surreys, geotechnical investigations, field coverage testing, utility connection charges, out of pocket costs and expenses incurred by the County in the performance of, or directly related to, this Agreement, and all expenses, fees or costs that are reasonably incurred by County and/or required to complete the City CSA and City SOW. 9.02 The County is solely responsible for funding all costs or services associated with; 1) the County's staff and County program management services, and 2) litigation with Consultant or Contractor resulting from the County's administration of the City CSA and City SOW, provided however that the litigation is not the result of any action of the City. Page 9 of 25 9.03 All funds sent by the City to the County will be placed in a separate unit within the County's budget entitled "Delray Beach Radio System" which will become the City Radio System Budget. All funds transferred by the City to the City Radio System Budget must not be the subject of any contractual obligations, express or implied. 9.04 All expenditures authorized by the City pursuant to this Agreement will be made from the City Radio System Budget. City Radio System Budget shall not be used for expenses pursuant to Section 9.02. 9.05 Although contingency funding will be transferred at different times throughout the Agreement, the City contingency funds are cumulative and maintained as a single contingency until the City Radio System is completed. 9.06 City acknowledges that the County will not contribute any funds to the City CSA and City Radio System, and as a result, the City is encouraged to allocate sufficient funds to allow the City to maintain its own contingency account in the event that the costs exceed the City Radio System Budget. The County Representative will immediately notify the City Representative by email at any time that the costs of the City Radio System are projected to exceed the City Radio System Budget for City approval of scope reductions or increases to the City Radio System Budget. 9.07 Change requests approved by the City which do not impact the cost of the City SOW, may be authorized by the County Project Manager on the signature of the City Project Manager. Change requests approved by the City which impact the cost of the City SOW, but which can be addressed through the use of the City Contingency, shall be authorized by the County upon the signature of the City Representative_ 9.08 Change requests approved by the City which cannot be funded from the contingency and will require additional contributions from the City, shall require County email notice to the City Representative and City Project Manager along with options, if any, for resolution of the change request along with the estimated costs. The City shall select, and approve by return email to County, an option within seven (7) business days of County's email notice, or 24 hours prior or the date a critical path will be impacted, whichever is shorter. If the scope of the change requires an increase in the City Radio System Budget, City shall within twenty (20) days provide its approval of the change constituting agreement to increase the City Radio System Budget, which must be accompanied by a transfer of funds sufficient for the change order and an additional 10%. 9.09 The Director of FDO shall have the authority to execute all documents pertaining to the City Radio System, without further Contract Review Committee or Board of County Commissioner review, after receiving City approval to execute the documents pursuant to this Agreement. However, all such documents shall be reviewed for legal sufficiency prior to execution by the Director of FDO. Page 10 of 15 9.10 One hundred (100%) of any funds remaining in the City Radio System Budget will be refunded to the City within thirty (30) days of; (1) the date of the termination of this Agreement, or (2) the date of the close-out of the P25 Radio System project, whichever is earlier. 9.11 In the event that the Contractor fails to comply with the P25 Radio System Contract requirements and County relies on the Contractor's surety bond to cure the default, County agrees to hold City harmless from any cost beyond that which was contemplated by the scope of the City SOW at the time of default. Section 1Q: Llability and Insurance 10.01 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 of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. 10.02 Without waiving the right to sovereign immunity as provided by Florida Statutes Section 768.28, the parties acknowledge that they are each self-insured for general liability under Florida sovereign immunity statutes with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may be established by the Florida legislature. Section 17: Term The term of this Agreement shall commence upon execution of the Agreement by the County (Effective Date) and shall extend for three (3) years or until the completion of the City Radio System, whichever is longer, unless terminated pursuant to Section 12 of this Agreement_ The City and County can mutually agree to extend this Agreement for any duration acceptable to both parties. Section 12: Termination 12.01 The City and County may unilaterally terminate this Agreement as provided in other sections of this Agreement. At any time prior to the County's receipt of the City's Radio System Election, the City may, for any reason, terminate this Agreement. In the event the City terminates the Agreement, the City shall provide written notice to the County. Within 5 business days of County's receipt of notice, the County shall terminate the services of the Consultant pursuant to the terms of the Consultant contract and the City agrees that it will reimburse the County for all costs incurred up to the date of the termination of the Consultant's contract. 12.02 At any time prior to the County's receipt of the City's Radio System Election, the County may, for any reason, terminate this Agreement by providing written notice to the City which shall be effective immediately upon receipt. The County shall Page 11 of 15 terminate the services of the Consultant pursuant to the terms of the Consultant contract and the City agrees that it will reimburse the County for all costs relating to the City CSA incurred up to the date of the termination of the Consultant's contract. 12.03 In the event the County receives a City Radio System Election from the City, then thereafter, neither party shall have the right to terminate this Agreement unless the other party is in default of its obligations contained in this Agreement. Section 13: Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: County Administrator 301 North Olive Avenue West Palm Beach, FL 33401 Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach, FL 33411 With a copy to: County Attorney's Office 301 North Olive Avenue West Palm Beach, Florida 33401 As to Delray Beach: City Manager, City of Delray Beach 100 NW 15t Avenue Delray Beach, FL 33444 With copy to: Chief of Police 300 VII Atlantic Avenue Delray Beach, FL 33444 Page 12 of 15 Section 14: Applicable Law 1 Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. Section 15: Filing A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit Court in and for Palm Beach County. Section 16: Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party. Section 17: Time is of the Essence Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 18: Non -Discrimination The parties agree that no person shall, on the grounds of age, race, color, sex, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. Section 19: Force Maieure Any parry delayed by a Force Majeure Event, as defined herein, in performing under this Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, not, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. Section 20: Inspector General Audit Requirements Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General is authorized with the power to review past, present and proposed County. Page 13 of 15 contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 - 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Section 21: Construction No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 22: No Third Party Beneficiary No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or City. Section 23: Effective Date This Agreement shall be expressly contingent upon the approval of the City Commission of the City of Delray Beach which must be followed by the approval of the Palm Beach County Board of County Commissioners, and the Agreement shall become effective only when signed by the City Commission of the City of Delray Beach followed by the signature of the Palm Beach County Board of County Commissioners. The remainder of this page is left intentionally blank Page 14 of 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER APF LEGr.L .7vrrivIC11ec. 1 . ATTEST: CITY CLERK Chevelle D. Nubia , City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Noel Pfeffer � L —. City Attorney PALM BEACH COUNTY, a political subdivision of the State of Florida raY: Y-4 4 �je 4 , � /t/ -A � Shelley Vana, Mayor APPROVED AS TO TERMS AND CONDITIONS: By:� Ilr l.i Audrey Wolf, Director Facilities Development & Operations CITY OF DELRAY BEACH, a municipal corporation of the�atate of Florida Page 15 of 15 . Glickstein , Mayor Vath, Holly From: Rich Avery <RAvery@pbcgov.org> Sent: Tuesday, November 24, 2015 2:56 PM To: Mitchell, Thomas; Vath, Holly Cc: PE Kenny Chen; Stacy Chick (S.Chick@motorolasolutions.com); Judy Jean-Pierre Subject: FW: City of Delray Beach P25 Radio Attachments specific to the Interlocal Agreement Attachments: DEL -Section -C -3 -Price -Proposal Negotiated_11_20.pdf, DEL _Tab_2_Project_Approach Negotiated 11_20.pdf, Exhibit -B -3 -Delray Beach Negotiated System Description -11 20.pdf Capt. Mitchell The attached documents represent the City of Delray Beach's negotiate scope and pricing for the procurement and installation for the P25 Public Safety Radio System. In accordance with the City/County interlocal agreement resolution R2014-1821 dated Dec. 02 2014, this email represent transmittal of your system election for Consideration and Approval by the City of Delray Beach, please provide the County with the City's Radio System Election in no more than sixty (60) days of this transmittal. Respectfully Richard Avery, Project Manager PBC Facilities Development & Operations Capital Improvements Division (561) 233-0208 From: Stacy Chick[ma iIto: s.chick(c�motorolasolutions.com] Sent: Friday, November 20, 2015 4:52 PM To: Kenny Chen; Rich Avery; mitchelt@mvdelravbeach.com; vath@mvdelravbeach.com; Stacy Chick Cc: Judy Jean-Pierre; Claudia Santacoloma; Cindee Markes; James Castillo; Jerry Monteleone; Jay Hammack; Marshall Wright; Scott Schmeiser; Bob Busch Subject: City of Delray Beach P25 Radio Attachments specific to the Interlocal Agreement Ladies and Gentlemen, Thanks so much for your time today. Please find ...as promised.... the final version of the documents we reviewed today. I have incorporated all the items discussed...the approved changes are reflected in the attached PDF files to this correspondence. Specifically ... I have included the Negotiated Price Proposal, the Negotiated System Description and the Negotiated Project Approach. As we discussed ...these items should be attached to the current Interlocal Agreement executed between the City and the County. Furthermore .... following the City Commission's approval of the Interlocal package..... the subsequent Change Order executed between Motorola and the County will also have these files attached defining our statement of work. I appreciate everyone working so diligently on this project and your efforts to ensure a December 2015 Commission approval. Motorola is happy to offer as an incentive ..as noted in our Negotiated Price Proposal.... the software and labor to flash upgrade your existing inventory of P25 capable portable radios. Please let me know if you have any questions or require anything additional from Motorola. Rich I appreciate you formally transmitting these documents to the City of Delray Beach accompanied by the requested letter. Thank you again ..... have a nice weekend. Stacy Chick Strategic Projects Manager Motorola Solutions, Inc. motorolasolutions. com 850-933-5430 s. chickkmotorolasolutions. com Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. PROPOSAL TO PALM BEACH COUNTY, FLORIDA SECTION C-3 DELRAY BEACH PRICE PROPOSAL NEGOTIATED PROJECT N0. 14212 PRICE PROPOSAL DELRAY BEACH RADIO SYSTEM MOTOROLA The design, technical, pricing, and other information ("Information") furnished with this submission is proprietary information of Motorola Solutions, Inc. ("Motorola") and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2015 Motorola Solutions, Inc. All rights reserved. TABLE OF CONTENTS Section C-3 Delray Beach Price Proposal (Exhibit "C-3" to the RFP).................................................................. C-1 Introduction...................................................................................................................................0-1 1.1 Proposal Pricing for Delray Beach.......................................................................................... C-2 2.1 Voter Site................................................................................................................................ C-3 2.2 Dispatch Center Equipment.................................................................................................... C-4 2.3 RF Communications Site........................................................................................................ C-5 2.4 Receive -Only Site................................................................................................................... C-6 2.5 Training................................................................................................................................... C-7 2.6 Recommended Spares and Test Equipment.......................................................................... C-8 2.7 Software Upgrade and Technology Refresh........................................................................... C-9 2.8 Maintenance Services........................................................................................................... C-10 2.9 Optional Purchase Items....................................................................................................... C-13 Palm Beach County, Florida May 21, 2015 APCO P25 Trunked Simulcast Countywide Public Safety Radio System Use or disclosure of this proposal is subject DELRAY BEACH RADIO SYSTEM to the restrictions on the cover page. Motorola Solutions Confidential Restricted Table of Contents i I,*x9111119RE463 OELRAY BEACH PRICE PROPOSAL (EXHIBIT "C-3" TO THE RFP) INTRODUCTION This Price Proposal reflects total compliance to the RFP pricing worksheet and total compliance to your technical specifications. Motorola's proposal allows the City of Delray Beach to leverage economies of scale and receive excellent value and pricing through a shared implementation. Pricing for each City proposal assumes contract execution with the County system. If the City chooses to move forward following contract award and system staging of the primary County solution - additional costs could be required. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Delray Beach Price Proposal (Exhibit "C-3" to the RFP) C-1 � Q W � � J W D � 0 LL. � Z U_ � a. 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("Motorola") and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2015 Motorola Solutions, Inc. All rights reserved. TABLE OF CONTENTS Il_1A VA ProjectApproach...............................................................................................................................2-1 2.1 Project Implementation Plan/Schedule..............................................................................2-1 2.1.1 Statement of Work..........................................................................................................2-1 2.1.1.1 System Overview....................................................................................................2-1 2.1.1.2 System Implementation Overview..........................................................................2-1 2.1.1.3 Description of Work, Schedule, and Responsibilities.............................................2-2 2.1.1.4 Project Initiation and Kickoff...................................................................................2-2 2.1.1.5 Design Review........................................................................................................2-2 2.1.1.6 Order Processing....................................................................................................2-6 2.1.1.7 Manufacturing.........................................................................................................2-7 2.1.1.8 P25 Fleetmapping..................................................................................................2-7 2.1.1.9 Factory Staging......................................................................................................2-7 2.1.1.10 Factory Testing......................................................................................................2-9 Site Development at Delray Beach City S-6 Site...................................................................2-9 Site Development at Delray Beach City S-7 Site.................................................................2-10 2.1.1.11 Installation of Fixed Network Equipment.............................................................2-12 2.1.1.12 Systems Integration and Optimization.................................................................2-14 2.1.1.13 Final Acceptance Testing....................................................................................2-15 2.1.1.14 Cutover to New System Operations....................................................................2-17 2.1.1.15 System Documentation.......................................................................................2-17 2.1.1.16 System Acceptance.............................................................................................2-19 2.1.2 Project Schedule..........................................................................................................2-20 2.2 Acceptance Test Plan......................................................................................................2-21 2.3 Preliminary Cutover Plan.................................................................................................2-23 2.3.1 Phase I.........................................................................................................................2-23 2.3.1.1 Preliminary Cutover Plan Outline.........................................................................2-23 2.3.1.2 Cutover Steps- Overview......................................................................................2-24 2.3.1.3 Identification of Prerequisites/Constraints/Assumptions.......................................2-24 2.3.1.4 Detailed Timeline/Sequence of Events.................................................................2-25 2.3.1.5 Post -Cutover Strategy..........................................................................................2-25 2.3.2 Phase II........................................................................................................................2-25 2.3.2.1 Trunking Infrastructure.........................................................................................2-25 2.3.2.2 Agency Talkgroup Transition Approach...............................................................2-25 2.3.2.3 Palm Beach County Tri -Cities MCC 7500 Dispatch Consoles.............................2-26 2.3.3 Phase III.......................................................................................................................2-26 2.3.4 Conclusion....................................................................................................................2-26 Palm Beach County, Florida May 21, 2015 APCO P25 Trunked Simulcast Countywide Public Safety Radio System Use or disclosure of this proposal is subject CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM to the restrictions on the cover page. Motorola Solutions Confidential Restricted Table of Contents i This page intentionally left blank. May 21, 2015 Palm Beach County, Florida Use or disclosure of this proposal is subject APCO P25 Trunked Simulcast Countywide Public Safety Radio System to the restrictions on the cover page. CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM ii Table of Contents Motorola Solutions Confidential Restricted TAB 2 PROJECT APPROACH 2.1 PROJECT IMPLEMENTATION PLAN/SCHEDULE 2.1.1 Statement of Work This SOW defines the principal activities and responsibilities of all parties for the implementation of the simulcast subsystem and Dispatch location for the City of Delray Beach. Deviations and changes to the SOW are subject to mutual agreement between the City and Motorola and will be addressed according to the change provisions of the Contract. This proposal — and all supporting price quotes are based on the assumption that the City executes their P25 option at the same time the County procures their new P25 Countywide solution. 2.1.1.1 System Overview The following major subsystems are included as components of the Project SOW: • 800 MHz P25 Simulcast Subsystem. • MCC 7500 Console Subsystem. • Civil Work. Note: Unless otherwise indicated, the word "system" herein will refer to the compilation of the foregoing subsystems, interfaces, and ancillary systems. 2.1.1.2 System Implementation Overview The P25 Radio System project schedule provides a phased approach to implementation, with the following phases: • Project Initiation and Kickoff. • Customer Design Review (CDR). • Order Processing, Manufacturing, Fleetmapping, Staging, and Factory Testing of the P25 Radio System. • Civil Work. • Fixed Equipment Installation. • Systems Integration and Optimization. • Acceptance Testing, including functional test, coverage test, and 30 -day reliability test. • Training. • Cutover. • Project Finalization. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-1 2.1.1.3 2.1.1.4 2.1.1.5 Description of Work, Schedule, and Responsibilities The work associated with each of the phases of the SOW is divided into the following tasks: Title, Objective, Task Description, Motorola and City Responsibilities, and Completion Criteria. The scheduled dates of tasks are depicted in the high-level Project Schedule included below in section 2.1.2. Project Initiation and Kickoff The project will be initiated with a Project Kickoff meeting including key City and Motorola project participants. The objectives of the Kickoff meeting are included in Table 2-1. Table 2-1: Kickoff Meeting Design Review A preliminary design has been provided as a part of this proposal, which serves as a baseline for the Customer Design Review (CDR). The CDR encompasses the design finalization of the major subsystems, such as finalization of site locations, coverage design, and FCC licensing tasks. The CDR will also include finalization of the Project Plan, which will include schedule and WBS to include all key elements of the implementation with identified parties who will perforin the work. As part of the Project Plan and Risk Mitigation Plan, the CDR will include identification of required testing during Factory Staging, Functional Testing, and Coverage Testing. Motorola will work closely with the City to develop a detailed Cutover Plan to transition to the new communications system. At the end of the CDR phase, preliminary Detailed Design Documents will be provided to the City showing how the equipment will be installed, connected, and tested. Additionally, an equipment list of all material will be included along with any product literature and manuals. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-2 Project Approach Motorola Solutions Confidential Restricted Motorola Delive X X - Exchange contact information Communication Plan. - Document project personnel - Review Roles - Lines of Communication - ID key work partners and users Detailed Design Review X X - Review Project Scope Planning Session. - Design - Implementation Review Project X X - Review unique schedule requirements Schedule. - Review Resources Align expectations on X X - Risk Management Project Plans. - Quality Assurance - Communications Plan - Detailed Design - Action Log and Issue Management Design Review A preliminary design has been provided as a part of this proposal, which serves as a baseline for the Customer Design Review (CDR). The CDR encompasses the design finalization of the major subsystems, such as finalization of site locations, coverage design, and FCC licensing tasks. The CDR will also include finalization of the Project Plan, which will include schedule and WBS to include all key elements of the implementation with identified parties who will perforin the work. As part of the Project Plan and Risk Mitigation Plan, the CDR will include identification of required testing during Factory Staging, Functional Testing, and Coverage Testing. Motorola will work closely with the City to develop a detailed Cutover Plan to transition to the new communications system. At the end of the CDR phase, preliminary Detailed Design Documents will be provided to the City showing how the equipment will be installed, connected, and tested. Additionally, an equipment list of all material will be included along with any product literature and manuals. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-2 Project Approach Motorola Solutions Confidential Restricted Draft and final versions of documents will be provided to the City for review and approval, which will finalize the design review process. The responsibility matrix in Table 2-2 defines the deliverables and responsibilities for both the City and Motorola. Table 2-2: Design Review Task Motorola city Deliver Coverage Design and Sites. X X - Final Site Selection - Coverage Design - Coverage maps Frequency Plan. X Frequency Plan: - Frequency plan by site Cutover Plan. X X Cutover Plan Finalize the Project Schedule. X X Project Schedule Design Document Review. X The Preliminary Design Document will include: - Equipment list (bill of materials) - System drawings and documentation - Complete block diagrams of the entire Radio System - Floor Plan Drawings and rack layouts - Detailed Power and HVAC requirements - Antenna design - Failure mode/user impact and recovery - Update the SOW City will review work performed by X Approval Statement of Design and Motorola and sign an approval Project Plans document for: - Design Review. - Project Schedule. - Communications Plan. - Risk Plan. - Quality Plan. Coverage Design Motorola and the City will work together to finalize sites for inclusion in the P25 Radio System. Motorola will analyze the coverage and evaluate frequency compatibility to aid the City in finalizing radio sites and radio site configurations. The responsibility matrix in Table 2-3 defines the deliverables and responsibilities for both the City and Motorola. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-3 Table 2-3: Coverage Design Task Motorola AM city Deliver Review the coverage and site X X Agreement of site location and locations. configuration Motorola will incorporate design X Incorporate licensing input to RF limitations based on City Amended Licenses design requirements for FCC licenses. finalized. Coverage Design Review: X X Finalized coverage maps for the - Coverage maps for the RF Evaluation of Frequency P25 Radio System system that illustrate the Compatibility with Sites Motorola will recommend a frequency predicted coverage. Frequency plan for the P25 plan. Review all coverage predictions Radio System that uses with the City team. available channels to meet the Frequency Plan and Intermodulation (IM) Analysis Motorola and the City will work together to finalize a frequency plan for the P25 Radio System. Motorola will evaluate frequency compatibility based on the frequency assets identified for use within the system based on the desired coverage and loading. These steps will be an iterative process to aid the City in finalizing the system configurations. The responsibility matrix in Table 2-4 defines the deliverables and responsibilities for the City and Motorola. Table 2-4: Frequency Plan and Intermodulation Analysis Task Motorola AM Deliverable - The City will confirm the list of X Agreement on the frequency list frequencies for use within the P25 Radio System If required Licenses will be modified by X Amended Licenses the City once radio locations have been finalized. Design compatibility of identified X Evaluation of Frequency frequencies within the simulcast cells. Compatibility with Sites Motorola will recommend a frequency X Frequency plan for the P25 plan. Radio System that uses available channels to meet the coverage and loading requirements Research and prepare FCC forms and X Provide to City for signature and submittals needed for existing and/or submittal new sites or channels. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-4 Project Approach Motorola Solutions Confidential Restricted Task ® • •Deliverable - As mandated by FCC, City, as the X X 700 / 800 MHz Technical licensee, has the ultimate responsibility exhibits and Licensing for providing all required radio licensing or licensing modifications for the system prior to system staging. - Motorola will research and prepare FCC forms and submittals needed for existing and/or new sites or channels, and provide to City for signature and submittal. - Motorola will be responsible for the coordination and licensing fees for the radio network. If, for any reason, any of the proposed sites or frequencies cannot be used due to reasons beyond Motorola's control, the costs associated with site changes or delays, frequency searches and coordination, etc. including, but not limited to, re-engineering, frequency re- licensing, schedule delays, re - mobilization, etc., will be paid for by City. Develop Cutover Plan Implementation of the Delray Beach P25 Radio System will require a detailed cutover plan for a smooth transition from the existing radio system to the new radio system. Table 2-5 defines the deliverables and responsibilities for both the City and Motorola. A Cutover Plan is included in Tab 7.8 of this proposal. Table 2-5: Develop Cutover Plan Task AL Motorola Deliverable Existing system and user information X Existing System and User (e.g., dispatch and subscriber), and Information specific vehicle information, which must be taken in to account to develop a detailed cutover plan. The P25 Radio System cutover plan will X X Preliminary Cutover Plan be developed, taking into account the need to minimize impact to users migrating to the P25 Radio System. Establish Project Schedule During CDR the Project Schedule will be finalized through the changes mutually agreed upon between the parties during the CDR. The resulting document defines specific project tasks to be completed and documents the final Project Schedule for each subsystem to be implemented. Table 2-6 defines the deliverables and responsibilities for both the City and Motorola. The Project Schedule will become the governing Project Schedule incorporated into the contract, but is subject to change on mutual agreement of the parties. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-5 2.1.1.6 Table 2-6: Finalize Project Schedule Task Motorola ,Deliverable city Review identified implementation tasks, X X Project Schedule Review priorities, inter -dependencies and other including hardware, software, and final requirements. system acceptance criteria. Identify key project milestones, in Provide related information requested by X addition to tasks that will require Motorola to assist Motorola in completing interruption of existing communications. the ATP. Prepare final Project Schedule. X X Project Schedule Finalization Review the final Project Schedule and City's Review. X Project Schedule Approval identify in writing any specific Submit a final ATP document to the City X deficiencies found within 10 business for approval. days of receipt. Review and approve the final ATP. X Changes after Initial Project Schedule X X Mutually agreed upon through Approval. the change order process Acceptance Test Procedures Motorola will develop an Acceptance Test Plan (ATP) to provide an understanding of procedures for testing functionality and performance of the system. The tests will validate the functional performance of the system. An ATP will be finalized as a part of the CDR process. The ATP includes the acceptance criteria to ensure the equipment operates according to specifications identified in the contract. Table 2-7 defines the deliverables and responsibilities for both the City and Motorola. Table 2-7: Acceptance Test Plan Task Motorola city Deliver Review the overall approach to testing X X Review ATP and Methodology including hardware, software, and final system acceptance criteria. Provide related information requested by X Information supplied as Motorola to assist Motorola in completing requested the ATP. Create baseline ATP document for the X City identifies any deficiencies City's Review. within 10 business days Submit a final ATP document to the City X Final ATP for approval. Review and approve the final ATP. X Approval of Final ATP Order Processing Upon lock down of the system design at the Detailed Design Review, Motorola will place factory orders for the system hardware that is being purchased for the P25 Radio System. Table 2-8 defines Motorola deliverables and responsibilities. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-6 Project Approach Motorola Solutions Confidential Restricted 2.1.1.7 2.1.1.8 2.1.1.9 Table 2-8: Order Processing Task Motorola •Deliverable city Deliverable Factory orders placed for all Motorola- manufactured equipment. X Communications System Orders for Motorola manufactured equipment Order placed for all third -party equipment. X Hardware ships to Factory Third -party equipment orders Motorola will execute major subcontracts. X Staging area Subcontracts in place Manufacturing Manufacturing activities commence after order processing. Table 2-9 defines Motorola deliverables and responsibilities. Table 2-9: Manufacture Equipment Task Motorola •Deliverable city Manufacture Motorola equipment. X X Communications System Team named and establishes meetings Review applicability of current Fleet Map and needed changes. X Hardware ships to Factory User feedback as to requirements Prepare Fleetmap. X Staging area Track third -party equipment suppliers. X Communications System Approved Fleetmap Hardware ships to Factory Staging area P25 Fleetmapping Concurrent with the manufacturing of the equipment within the System, a preliminary Fleet -map will need to be developed for the Factory Staging. The existing trunking fleetmap will be ported over to serve as a baseline to the new P25 fleetmap. After successful completion of the Factory Test, the System Fleetmap will be finalized. Table 2-10 defines the activities of Fleetmapping Development. Table 2-10: P25 Fleetmapping Task Motorola city Deliver Create a Fleetmapping Team of Motorola and City users. X X Team named and establishes meetings Review applicability of current Fleet Map and needed changes. X X User feedback as to requirements Prepare Fleetmap. X The City identifies any deficiencies Final Fleetmap prepared and sent to the City for approval. X Approved Fleetmap Factory Staging Staging activities commence after the Manufacturing process. Motorola's staging facility; Customer Center for System integration (CCSi) is located in Schaumburg, IL, adjacent to our manufacturing facility, as well as our engineering, development, and testing teams. This allows Motorola to provide all the technical personnel and test equipment to conduct staging tests. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-7 The Motorola field personnel and the City's engineers identified by the City will benefit from attending staging by participating in the construction of the System as it will be installed when shipped to the City and per the Detailed Design Document. This begins the hands on training for City radio personnel. Table 2-11 defines Motorola deliverables and responsibilities of Factory Staging. Table 2-11: Factory Staging Task Motorola city Deliver Set up and rack system equipment on a X Communications System site -by -site basis, as prescribed in the Hardware Customer Design Document (CDD). Cut and label cables according to the X Cabling matching in -field approved CDD documentation. installation requirements Label the cables with to/from information X Cabling matching in -field to specify interconnection for field installation requirements installation and future servicing needs. Complete the cabling connection X Cabling matching in -field between sub systems. installation requirements Assemble required subsystems X Functional system to perform (including Microwave equipment) to Staging Tests and Acceptance assure system functionality. Power -up, program, and test all staged X Functional system to perform equipment. Staging Tests and Acceptance Load application parameters on all X Functional system to perform equipment according to input from Staging Tests and Acceptance System Engineering. Complete programming of the Fixed X Functional system to perform Network Equipment. Staging Tests and Acceptance Program the approved templates into the X Functional system to perform radio -programming template tool. Staging Tests and Acceptance City to provide 4 subscriber units to X 4 APX/XTS Radios for Factory support Factory Acceptance Testing. Acceptance Testing Complete programming of the sample X Functional system to perform subscribers. Staging Tests and Acceptance Inventory equipment with serial number X Inputs for Customer Asset and installation references. Management Complete System documentation. X System Documentation as specified Provide a mutually agreed to Factory X X Factory Test Begins Acceptance Test Plan. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-8 Project Approach Motorola Solutions Confidential Restricted 2.1.1.10 FactoryTesting For factory testing, the system will be configured at CCSi as it will be in the field. The following subsystems will be tested at CCSi: • ASTRO 25 800 MHz Subsystem. • MCC 7500 Subsystem. This process will allow City personnel to witness factory testing in a controlled environment, as well as provide a smooth and easy installation in the field. Motorola will perform end-to-end system testing from subscriber units to the dispatch console. Table 2-12 defines the City and Motorola deliverables and responsibilities. Table 2-12: Factory Testing Task -Motorola Deliverable Functional Performance tests Functional Performance Testing: X This test will include the following: - Physical inspection. - Thorough exercise of hardware and software. - Testing of voice communications features. - Verification of device and system recovery from failures. Failed tests are documented, corrected X Functional Performance tests and retested. Defective components will be replaced if they cannot pass factory test. Acceptance documents at the successful X Written approvals of Factory completion of the Factory Acceptance Acceptance Test Testing period. Motorola will prepare all racks for X Equipment ships shipment and ship staged equipment to a location within the City under Motorola control. Motorola will supply to the City all X City receives documentation as documentation and as -built drawings well as Factory Test result data from staging. Site Development at S-6 Site This is an existing Site. Per the RFP, this site will receive a new distribution sub -panel. Site Scope Summary • Existing tower to be used for antennas —180 ' Self -supported Tower. Antenna and Transmission Line Installation • Install 3 antenna(s) for the RF system. • Supply and install 3 heavy duty mount(s) for Bogner antennas. • Install 2 GPS antenna(s). • Install 1 tower top amplifier(s). Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-9 • Install up to 410 linear feet or as needed of 1/2 -inch transmission line. • Install up to 210 linear feet or as needed of 7/8 -inch transmission line. • Install up to 450 linear feet or as needed of 1 -1/4 -inch transmission line. • Perform sweep tests on transmission lines. • Supply and install 1 ground buss bar at the bottom of the antenna support structure for grounding RF cables before they make horizontal transition. Existing Facility Improvement Work • Supply and install 1 200 -amp breaker panel with capacity for 30 circuits. • Install 3 8 -outlet distribution-bar(s) and wire each outlet to individual breaker. Site Development at County Site S-7 Site This is an existing County Site. Per the RFP, this site will receive a new distribution sub -panel. Site Scope Summary • Existing tower to be used for antennas — 325 ' Self supported Tower. Motorola Responsibilities: Site Engineering Perforin National Environmental Policy Act (NEPA) Threshold Screening, including limited literature and records search and brief reporting, as necessary to identify sensitive natural and cultural features referenced in 47 Code of Federal Regulations (CFR) Chapter 1, subsection 1.1307 that may be potentially impacted by the proposed construction activity. This does not include the additional field investigations to document site conditions if it is determined that the proposed communication facility "may have a significant environmental impact" and thus require additional documentation, submittals, or work. Provide a structural engineering analysis for antenna support structure, if necessary, to support the proposed antenna system. If the tower structure fails the analysis, the cost of any site relocation or modifications to the tower required to support the antenna system will be the responsibility of Palm Beach County, FL. NOTE: This task does not include mapping, structural measurement survey, materials testing, geotechnical investigation, and/or other field investigation to acquire the data. If applicable, these tasks will be noted separately in the SOW. Provide tower climbing and tower mapping services for towers to collect information about structural members and existing equipment. Preparation, submission and tracking of application for local permit fees (electrical) and procurement of information necessary for filing. Site Preparation • Provide one-time mobilization costs for the construction crews. Any remobilization due to interruptions/delays that are out of Motorola's control will result in additional costs. Antenna and Transmission Line Installation • Install 2 GPS antenna(s). Existing Facility Improvement Work • Supply and install 1 200 -amp breaker panel with capacity for 30 circuits. • Install 3 8 -outlet distribution-bar(s) and wire each outlet to individual breaker. Customer Responsibilities: (all sites unless otherwise noted) May 21, 2015 Palm Beach County, Florida Use or disclosure of this proposal is subject APCO P25 Trunked Simulcast Countywide Public Safety Radio System to the restrictions on the cover page. CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-10 Project Approach Motorola Solutions Confidential Restricted • Review and approve site design drawings within 7 business days of submission by Motorola or its subcontractor(s). Should a re -submission be required, the Customer shall review and approve the re -submitted plans within 7 business days from the date of submittal. • Pay for the usage costs of power, leased lines and generator fueling both during the installation effort and on an on-going basis. • Provide personnel to observe construction progress and testing of site equipment according to the schedule provided by Motorola. • As applicable (based on local jurisdictional authority), the Customer will be responsible for any installation or up -grades of the electrical system in order to comply with NFPA 70, Article 708 • Maintain existing access road in order to provide clear and stable entry to the site for work vehicles. Sufficient space must be available at the site for these vehicles to maneuver under their own power, without assistance from other equipment. • Arrange for space on the structure for installation of new antennas at the proposed heights on designated existing antenna -mounting structures. • Provide as -built structural and foundation drawings of the structure and site location(s) along with geotechnical report(s) for Motorola to conduct a structural analysis. • Provide support facilities for the antenna cables (cable ladder, entry ports, waveguide bridge) from the antenna to the equipment room. • Pay for any upgrade of the antenna support structure necessary to accommodate the new antennas. • Provide space, HVAC, backup power (UPS, generator), outlets, grounding, surge suppression, lighting, fire suppression and cabling facilities for the equipment room per Motorola's R56 specifications. Ceiling and cable tray heights in the equipment rooms should be such as to accommodate 7 -1/2 -foot equipment racks, and the ceiling should be 9 feet or greater. • If required, remove or relocate any existing facilities, equipment, and utilities to create space for new site facilities and equipment based on Motorola R56 and applicable codes. • If required, provide any physical improvements (walls, roofing, flooring, painting, etc.) necessary to house the equipment in the existing room. Assumptions: • No certified payroll, mandatory union workers or mandatory minority workers are required for this work • Most work is assumed to be done during normal business hours as dictated by time zone (Monday thru Friday, 7:30 a.m. to 5:00 p.m.). • Pricing has been based on National codes such IBC or BOCA. Local codes or jurisdictional requirements have not been considered in this proposal. • A maximum of 30 days will be required for obtaining approved permits from time of submission. • If extremely harsh or difficult weather conditions delay the site work for more than a week, Motorola will seek excusable delays rather than risk job site safety. • Protective grating over microwave dishes or the communications shelter has not been included in this proposal. • The existing antenna support structure is structurally capable of supporting the new antenna, cables, and ancillary equipment proposed and will not need to be removed or rebuilt at the existing site. The tower or supporting structure meets all applicable EIA/TIA-222 structural, foundation, ice, wind, and twist and sway requirements. Motorola has not included any cost for structural or foundation upgrades to the antenna support structure. • Structural analyses for towers or other structures that have not been performed by Motorola will relinquish Motorola from any responsibility for the analysis report contents and/or recommendation therein. • Alarming at existing sites will be limited to new component installations and will have to be discussed and agreed to on a site -by -site basis. Palm Beach County, Florida May 21, 2015 APCO P25 Trunked Simulcast Countywide Public Safety Radio System Use or disclosure of this proposal is subject CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-11 The Customer does not desire upgrade of the existing site to meet Motorola's R56 standards. The floor can support the proposed new loading. Physical or structural improvements to the existing room will not be required. Completion Criteria • Site development completed per issued for construction (IFC) construction drawings, project requirements, contractual obligations (including any customer/Motorola approved changes) and approved by the City. • This shall be confirmed by contractor and reviewed with Motorola construction manager and project manager before inspections occur. • All jurisdictional and contractual required testing and inspections to be performed by the contractor. (Contractual testing and inspections defined and agreed to with project team and customer prior to project kick off, vendor solely responsible for conducting, coordinating and paying for all jurisdictional testing and inspections). • Motorola site development checklist shall be completed and signed off by contractor prior to customer inspection. (Review with project team and customer and amend checklist as required at project kick off or before work begins). • Site turn -over package completed and turned over to Motorola (As defined and agreed to with project team and customer). • All punch list and deficiencies shall be completed prior to customer and Motorola inspections. 2.1.1.11 Installation of Fixed Network Equipment Installation of the Fixed Network Equipment (FNE) consists of the radio communications infrastructure, computer, and dispatch equipment and RF Sites. Table 2-13 defines the deliverables and responsibilities for both the City and Motorola during installation of the Fixed Infrastructure Equipment stage. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-12 Project Approach Motorola Solutions Confidential Restricted Table 2-13: Installation of Fixed Network Equipment Task Motorola city Deliver Participate in a mandatory project site X X Final CDR Design Document survey with the City and determine exact locations of equipment. This information will be incorporated into the CDR Design Document. Motorola will prepare the site for equipment X X Sites Meeting Site Preparation installations per Motorola's R56 standards. Requirements for Installation Sites will be ready according to the Project Schedule for equipment installation. General Installation Responsibilities: X New Equipment Installations - Motorola will install the new system per Motorola's Site Quality equipment provided in the Equipment Standards List. - Motorola will ground and bond the site equipment to the ground system, in accordance with the R56 site installation standards. - Worksites shall be left neat and broom swept each day. - Motorola will remove and dispose of any debris that is a result of the project activities from the site and clean the site prior to acceptance. - Motorola shall furnish all cables for power, audio, control, and microwave transmission to connect the supplied equipment to the power panels or receptacles and the audio/control line connection point. - All cabling shall be cut to length, properly connected and terminated per Owner installation standards and clearly labeled at both ends. All associated punch block connections shall be properly labeled. - Motorola shall ground and bond all provided equipment during installation and is responsible for connecting all equipment to the common ground system at the existing facilities. All cabinets, racks, enclosures, telephone circuit surge protectors, and transmission line surge protectors provided shall be connected to the single point ground. Motorola shall connect all ground connections using approved non-reversible crimp or clamp connections. - All cabling, port assignments, and punch block connections shall be recorded into the final system as -built documentation. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-13 2.1.1.12 Task Motorola city Deliverable Motorola will install ASTRO 25 Trunked X Radio System Installation Repeater Site equipment in accordance Audit with the Design Review Scope of Services and Equipment Lists. Motorola will install the new MCC7500 X Radio System Installation consoles at their current dispatch facility. Audit Motorola anticipates re -using the existing control station antenna systems at the City's current dispatch facilities. The City will be responsible for providing X T1 connectivity and last mile T1 connectivity at all dispatch locations connections to the equipment and simulcast sites not currently on the rooms at each dispatch facility microwave network. The T1 plan needs to be designed to support the new redundant Master Site Configuration. Motorola will upgrade the City's existing X X Integration and upgrade of Verint Logging solution to allow for P25 existing Logging solution Operation. Motorola will install all Conventional X Radio System Installation equipment in accordance with the Design Audit Review Scope of Services and Equipment lists. Motorola will remove decommissioned X Decommissioned equipment in equipment associated with the existing receipt of the City trunked radio and place it in a City designated location. City will sign installation acceptance X Signed Installation Acceptance certificates after inspection and check out Documents of FNE on a site -by -site, system -by -system basis. Systems Integration and Optimization Once all equipment is installed in place, Motorola will configure, optimize and program all system equipment and subsystems as detailed in the Detailed Design Document. During this phase, the System Technologist will perform the Installed Component Level Testing on the RF equipment. These tests will be witnessed by the City or its representative at the time each site is optimized for operation within the system. Note that this optimization could occur outside of the 8 AM to 5 PM workday depending on schedule. Table 2-14 identifies candidate equipment for component testing. Motorola System Technologist(s) will be on site for this phase and will prepare the system for acceptance testing. Table 2-14 defines the deliverables and responsibilities for both the City and Motorola during Systems Integration and Optimization. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-14 Project Approach Motorola Solutions Confidential Restricted 2.1.1.13 Table 2-14: Systems Integration and Optimization Task Motorola City Deliver Provide and install all communication Motorola will perform functional ATPs. X City Provided Equipment and lines and equipment that are not During each test, test results will be Interfaces Required for Motorola -provided deliverables. recorded for review and approval of the Integration Install, integrate, and test the hardware, X Installation and Integration of software, and interfaces as specified in Motorola and the City will provide adequate X Equipment the System Description. personnel to perform the test. Perform Component Test, as witnessed X Individual Component Test by the City and document results in a Results matter agreed to in CDR for the following equipment: - RF Base Stations. - MCC 7500. Maintain a punchlist of items that need X Punchlist Resolution resolution. Manage the resolution of punchlist items. City gives its approval to move forward to X Final Acceptance Tests begin System Acceptance Phase. Final Acceptance Testing Final Acceptance Testing includes a Functional Acceptance test, Coverage Acceptance Test, and 30 Day Operational Burn -in. Motorola will submit the draft Acceptance Test Plan defined during the Design Review for approval 90 calendar days prior to the beginning of Acceptance Testing. The City shall be given two weeks written notice that the system is ready for final acceptance testing. Functional Acceptance Test System Functional Acceptance Tests will be performed after system optimization is complete. The Functional Acceptance Tests verify the functionality tested at Factory Testing. A complete list of the Functional Acceptance Tests will be provided during the CDR. If deficiencies are found during the testing, both the deficiencies and resolutions to the deficiencies shall be agreed upon and documented. If the documented deficiencies do not prevent productive, operational use of the system, as determined by the City, the test will be deemed complete. However, Motorola will remain responsible for the resolution of the documented deficiencies using a punch list as a controlling document for resolution planning. Table 2-15 defines the deliverables and responsibilities for both the City and Motorola. Table 2-15: Functional Acceptance Test Task Motorola city Deliver Motorola will perform functional ATPs. X Execution of Functional During each test, test results will be Acceptance Testing recorded for review and approval of the test. Motorola and the City will provide adequate X X Acceptance test Plan personnel to perform the test. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-15 Upon successful completion of each X Written Approval of Acceptance test on a site -by -site and Successful Functional system -by -system level, the City and Acceptance Testing Motorola will sign acceptance certificates documenting acceptance. Coverage Acceptance Tests Coverage Acceptance Tests will be performed when the RF site and control equipment installations and optimization are complete. The Coverage Acceptance Tests verify the coverage performance of the P25 Radio System deployment. As part of CDR a cutover plan will be submitted to the City for approval including all elements outlined in the City's Requirement Document. Table 2-16 defines the deliverables and responsibilities for both City and Motorola. Table 2-16: Coverage Acceptance Tests Task Motorola city Deliver The Coverage ATP will be performed per X Execution of Coverage the agreed upon CATP Acceptance Tests The City will be responsible for providing X Optimized APX and XTL/XTS test radios and vehicles to support the radios for coverage testing required coverage testing. and vehicles for the required number of test teams as outlined by the agreed upon CATP Test results will be recorded for review and X approval of the test. If the CATP determines that additional sites X X - Revised Coverage Design are required to satisfy Motorola's coverage - RF Equipment guarantee, Motorola will identify location(s) for sites to rectify the deficiency. Motorola -Backhaul will provide the RF equipment, antenna - Antenna and Line and line, backhaul, and associated - FNE Installation and installation at the identified locations Optimization Upon successful completion of the X X Written Approval of coverage acceptance test, the City and Successful Coverage Motorola will sign acceptance certificates Acceptance Testing documenting acceptance. 30 Calendar Day Operational Test Motorola will perform a 30 calendar day operational test of the system to ensure that the hardware and software defects have been corrected prior to final system acceptance. The operational tests during this time will be outlined in the Final Acceptance Testing outlined above. Table 2-17 defines the deliverables and responsibilities for both the City and Motorola. Table 2-17: 30 Calendar Day Operational Test May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-16 Project Approach Motorola Solutions Confidential Restricted Task Motorola city Deliverable Motorola will perform a 30 calendar day X Completed Cutover Checklist Execution of Final operational test. Acceptance Testing Upon successful completion of the 30 X X City confirms acceptance of calendar day test the City and Motorola will test results and approves approve all test results and proceed to cutover to new system cutover. X Completed Cutover Checklist include necessary labor required by 2.1.1.14 Cutover to New System Operations Following successful completion of the Acceptance Tests, Motorola will cut over the users to the new communications system. This phase will follow the approved cutover plan. Table 2-18 defines the deliverables and responsibilities for both the City and Motorola. Table 2-18: Cutover to New Systems Operations Task Motorola Deliver Motorola will develop the cutover plan and X Completed Cutover Checklist schedule system cutover with the City. The plan will be detailed at the subsystem level delineating between systems that affect and do not affect ongoing operations. The elements of the Cutover Plan will X X Completed Cutover Checklist include necessary labor required by Motorola and the City to execute the plan. A schedule and procedure and user transition training for each City operational group. The City will be responsible for providing all X P25 enabled subscriber fleet. P25 enabled subscribers programmed with the new agreed upon P25 Fleetmap to support cutover. City will confirm the cutover plan and that X Written Approval of Cutover City planning for execution of the system Check List cutover has occurred. The City and Motorola will execute the X X Cutover to New System cutover plan. Operations 2.1.1.15 System Documentation Motorola provides documentation of the system configurations, physical installation, and system testing. Documentation is created and updated during the project. Electronic versions of custom documentation will be provided both in a viewable format and in the documents standard format. Table 2-19 defines Motorola's deliverables for system documentation throughout the project. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-17 Table 2-19: System Documentation Task Motorola 11 • Design Documentation including: X Completed at CDR - Documentation Index. - System description. - Deliverables list. - Site Planning and Preparation Manuals. - Block and level diagrams for system and sites. - Floor plans. - Radio Communication System Technical Data. - Coverage maps. - System Administrator Documentation. - Installation and Cutover Plan. - Acceptance test procedures. - Programming parameters. Factory Staging Documentation including: X Completed at end of Factory - Programming templates. Staging - Interconnection drawings. - Interconnection charts. - Manufacturer's standard operator manuals. - Interconnection cable description and inventory. - Inventory with serial numbers and installation reference. - Software/firmware version numbers. - Manufacturer's standard technical manuals. System manuals as-builts including: X Upon system Acceptance - Standard Equipment manuals. - System drawings. - Fixed Equipment documentation. - Plan and elevation views of the equipment installation at the radio site. - Equipment inter -cabling diagrams for each site. - Demarcation wiring lists. - Programming and level setting data sheets. - Equipment by site: o Key access procedures. o Site inventory lists. o Remote sign -on procedures and passwords. 0 Software versions and equipment May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-18 Project Approach Motorola Solutions Confidential Restricted 2.1.1.16 Task Motorola City J!eliverable Deliverable wiring by equipment site. X Equipment removed and - Radio licenses. relocated to a location - Field ATP test sheets and results. determined by the City - R56 site audit. X Approved Punchlist Resolution - Maintenance records. - Warranty information. X Service Transition Certificate - Service Provider. and Customer Support Plan Motorola will provide equipment manuals X Upon Final Acceptance covering both standard and optional features. The content of these manuals is standardized and may not be specific to X System Manual — "As -Built" the City. Documents System Acceptance Completion Criteria This task is considered complete upon the City's approval and sign -off of the Equipment Installation Acceptance, Functional Acceptance Test, 30 Calendar Day Operational Test and Coverage Acceptance Test. Successful completion of the acceptance tests constitutes acceptance of the software and hardware provided by Motorola. Upon completion of this Acceptance Test Plan, City representatives participating in and observing the tests will sign off on the ATP, signifying acceptance of the system. If no punch list items are identified during the acceptance testing process, and Motorola has completed all other project deliverables, City's authorized signature will represent Final System Acceptance. If a punch list of unresolved issues is created as a result of the acceptance testing, Final System Acceptance will occur upon resolution of all items on the punchlist. Table 2-20 defines the deliverables and responsibilities for both City and Motorola. Table 2-20: Responsibility Matrix Task Motorola city Deliverable Decommission and remove RF equipment. X Equipment removed and relocated to a location determined by the City Resolve punchlist items documented at X Approved Punchlist Resolution System Cutover. Ensure that the criteria defined to transition X Service Transition Certificate the project to the Motorola Service and Customer Support Plan Organization have been completed, including the development of a Customer Support Plan with the City. All documents listed in System Manual — X System Manual — "As -Built" "As -Built" Documentation Section will be Documents submitted as they become ready. Final approvals of all System Manual — X Written Approval Statement(s) "As -Built" documents. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-19 Acknowledge Final Project Acceptance on X Signed Final Project completion of the criteria for Final Project Acceptance Documents Acceptance of the P25 Radio System. Completion Criteria This task is considered complete when the City and Motorola have signed the Final Project Acceptance Certificate, representing the completion of the system and acknowledgement of System Acceptance as described in the Acceptance Test Plan. 2.1.2 Project Schedule Attached is the preliminary project schedule for Delray Beach. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-20 Project Approach Motorola Solutions Confidential Restricted 2.2 ACCEPTANCE TEST PLAN Per the requirements of the RFP Motorola has provided the Factory Staging and System Acceptance Test Plans (ATP) on the following pages. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-21 This page intentionally left blank. May 21, 2015 Palm Beach County, Florida Use or disclosure of this proposal is subject APCO P25 Trunked Simulcast Countywide Public Safety Radio System to the restrictions on the cover page. CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-22 Project Approach Motorola Solutions Confidential Restricted 2.3 PRELIMINARY CUTOVER PLAN In order to transition the Cities within Palm Beach County from the existing radio system to the proposed new ASTRO 25 digital system, Palm Beach County, the Cities and Motorola will need to develop a system migration and cutover plan. This plan, when executed precisely, will allow the City's users to transition as smoothly as possible and without interruption onto the new system. It is not the purpose of this document to present this final plan, but rather to identify the key components that will be transitioned, to highlight the challenges associated with those transitions, and to present recommended directions and solutions for each one of the key components. The final detailed plan will be developed as a joint collaboration between Motorola, Palm Beach County, the City of Delray's technical team, and the individual system users or their representatives. The Cutover Plan will be divided in three phases: • Phase I — Pre -Cutover Preparation. • Phase II — Cutover Execution. • Phase III — Post Cutover. 2.3.1 Phase I The pre -cutover phase is the most important phase. This is where all the planning of the detailed cutover plan occurs for a successful cutover execution. The following outline establishes the starting point for cutover planning to aid Palm Beach County, Delray Beach, and Motorola in the crafting of a viable cutover strategy. Careful up -front cutover planning will require the County, City, and Motorola to work closely with end users to assure minimum disruption. Upon conclusion of the Contract Design Review phase of the project, the County, City, and Motorola project team will commence activities to transform the following "Preliminary Cutover Plan Outline" into a comprehensive and detailed Cutover Plan complete with a timeline of events that will guide the collective actions leading up to, during, and following the actual transition from the existing system to the new ASTRO 25 system. 2.3.1.1 Preliminary Cutover Plan Outline Motorola is proposing the installation of the new ASTRO 25 system in parallel with the existing radio system where it can be possible to perform. Once the new ASTRO 25 Master site is installed and operational, this will enable the Cities to begin migration from the existing system to ASTRO 25. The new ASTRO 25 Master site will provide the network connectivity and control for the new system. The proposed new MCC 7500 dispatch consoles will operate in the existing dispatch centers making the transition to the new system smooth and with minimum interruption in service. Below is a detailed list of prerequisites, constraints, and assumptions that will need to be taken into consideration during this cutover planning phase. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-23 2.3.1.2 Cutover Steps- Overview The major steps of a migration include: 1. Build subscriber database for new ASTRO 25 Master site. 2. Installation of the ASTRO 25 Master site. 3. Installation and interface of MCC 7500 dispatch operator positions and Network Management Clients to the dispatch centers. 4. Installation of the new City ASTRO 25 site controller and router to the ASTRO 25 Master site. 5. Test and configure interfaces to the ASTRO 25 system. 6. Migrate users to P25 system. 2.3.1.3 Identification of Prerequisites/Constraints/Assumptions Palm Beach County City Systems (Boynton Beach, Delray Beach, and Boca Raton) - MCC 7500 Dispatch Console Readiness 1. Motorola will install, interface, optimize and test the following prior to cutover. A. MCC 7500 Dispatch Consoles 911 telephone headset interfaces. B. Network Manager and Fault Manager clients at the City of Boynton Beach, City of Delray Beach, and the City of Boca Raton Dispatch Center. 2. Migration to New ASTRO 25 system — A migration plan as to which County and City agencies go onto the new system first will be developed. Since the system is designed for portable coverage, users can begin transitioning over to the new system with portable radios. 3. FCC Licensing: A. 800 MHz — The City designs have used the existing antenna network so minimal licensing will be needed However, Per the RFP, Motorola will provide the FRIP analysis and assist with the FCC submittals to get at minimum Station Temporary Authorization (STA) so that the system can conduct acceptance testing and start operating. Motorola has also included services to obtain the FCC licensing for the 800 MHz System. 4. Acceptance/Reliability/Redundancy Testing: A. Functional Testing — All Field Functional Testing should be performed and approved by the Cities of Palm Beach County. B. Coverage Testing — Coverage test should be completed and accepted by the Cities of Palm Beach County prior to the cutover date. 5. Fleetmapping: A. Subscribers — All P25 subscribers capable of operating in the new ASTRO 25 system should have been programmed by Motorola with the new ASTRO 25 code plug information tested and verified by the County, City, and Motorola implementation team. B. Dispatch Consoles — All new proposed MCC 7500 dispatch consoles should be tested and all screen layouts should be approved by the County and City prior to cutover. C. Interoperability — All interoperability analog interfaces should have been tested by the County, City, and Motorola implementation teams. D. Database Provisioning/Archiving — System databases should have been loaded into the new ASTRO 25 system, tested and verified by the County and Motorola implementation teams. 6. Training — All required training should have been performed prior to cutover. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-24 Project Approach Motorola Solutions Confidential Restricted 2.3.1.4 Detailed Timeline/Sequence of Events 1. Inter -System Scheduling Relationships (Radio/911/Logging) — A detailed schedule of events for the cutover will be developed jointly with the City and Motorola. This schedule will include details about other systems essential for the operations of the 911 Dispatch Center like E911/logging recorder. 2. Fallback Strategies/Contingency Plans — A detailed fallback plan will be identified by the County, City, and Motorola implementation team, developed jointly with the County and the City. This fallback plan will clearly identify the failures, causes and /or events that will activate the fallback plan, the backup subsystems to use and who in the County and the City will have the ultimate responsibility to activate the fallback plan. 3. Dates/Timeframes to Avoid (Holidays, etc.) — The detailed timeline and scheduled will avoid holidays or special events occurring in the County and City that impact agencies operations. It is desired to implement the cutover at a time and date of low traffic in the system to minimize the impact on the users. 4. Personnel/Staffing Requirements (County, City, and Vendors) — The County and the City will coordinate the staffing required for the dates of cutover as well as the different vendors required to be on site during the cutover. Motorola team will define the staffing required for the cutover at different sites and the dispatch center prior to the cutover. 2.3.1.5 Post -Cutover Strategy 1. Short -Term and Long -Term Support Requirements — Once the transition to the new system is completed the County, City, and Motorola will determine how long the legacy system should be keep in operations to support any agency or radio users that have not made the transition to the new system after the cutover. 2.3.2 Phase II Phase II of the plan is where the execution of the pre -defined plan in Phase I takes place. A high-level view of the cutover is being outlined below in response to Palm Beach County Tri- Cities RFP requirements. 2.3.2.1 Trunking Infrastructure Motorola's response calls for a complete implementation to the new system. This will include complete installation of the new ASTRO 25 equipment at the proposed sites. 2.3.2.2 Agency Talkgroup Transition Approach The County, City, and Motorola will collaborate on identifying groups of radios ("fleets" or "user groups") that will be transitioned together onto the new system and an appropriate timetable for each group transition. Radios in each user group will be identified and a determination will be made for each radio as to the appropriate procedure to transition it. Once all groups have been identified and each radio classified, it will be necessary for the project team to choose the order, set a transition schedule, and create the detailed procedure for each group transition. Motorola will do the bulk of the work for this process but will require regular meetings with the Palm Beach County and City technical authorities to refine and approve each step. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. ® Motorola Solutions Confidential Restricted Project Approach 2-25 2.3.2.3 Palm Beach County Tri -Cities MCC 7500 Dispatch Consoles It is proposed that the new MCC 7500 dispatch consoles will be installed in parallel with the existing console operator positions. The MCC 7500 consoles will all have direct access to the ASTRO 25 trunking talkgroups; therefore, they will follow the transition of the subscriber units. Once all RF equipment is installed and operational, the radio dispatchers will stop using the existing consoles and start using the new MCC 7500 consoles. It is recommended that the existing consoles be turned off, but left installed for a period of time to be used as part of the fallback plan. Because operating two consoles in parallel is awkward at best, the City and Motorola will collaborate on a plan to minimize the time required to do so by any individual operator. This will require a detailed understanding of each operator's responsibilities and how those responsibilities are affected by the transitioning of the various subscriber groups. 2.3.3 Phase III After the successful execution of the cutover plan, post -cutover activities will commence to remove the components that are no longer needed for the operations of the new system. The removal of these components will be executed with no disruption to operations of the new ASTRO 25 system. These components include legacy consoles and backroom equipment racks. Removal of any legacy system equipment will be at the approval of the Cities of Palm Beach County. 2.3.4 Conclusion As reflected above, a smooth, if somewhat intricate, transition from the existing system to the new system can be achieved. The greatest challenge will be getting the mobile installations completed as quickly as possible. There will be many other challenges to overcome as the transition plan is formulated, developed and executed. Palm Beach County, City, and Motorola project's team has the experience to meet these challenges. May 21, 2015 Use or disclosure of this proposal is subject to the restrictions on the cover page. Palm Beach County, Florida APCO P25 Trunked Simulcast Countywide Public Safety Radio System CITY VOLUME 3 - DELRAY BEACH RADIO SYSTEM 2-26 Project Approach Motorola Solutions Confidential Restricted EXHIBIT `13-3" - City of Delray Beach Scope of Work 1. CURRENT SYSTEM DESCRIPTION The following sections contain a description of the existing communications system for the City of Delray Beach radio communications system. Motorola Response: Fully Compliant 1.1 Communication System Overview The City of Delray Beach operates a seven (7) channel dual -mode (analog/digital) trunking voting system with a single transmit/receive site and receive only site connected to the Palm Beach County (the County) SmartZone master site. The County's system is a Motorola SmartZone TrunkedNersion 7.13. The system was accepted by the County in September, 2001 as a SmartZone 3.0 system and was migrated to a 7.13 system in August, 2013. The City's system is composed of two radio frequency (RF) sites; one transmit and receive site and one receive -only site. Each RF site consists of a tower, equipment shelter, emergency power system, and radio equipment. Attached to the system are four Motorola Gold Elite consoles. Motorola Response: Fully Compliant 1.2 Trunked System Infrastructure The table below lists the tower sites that comprise the City's existing radio system: Table 1 - Existing Radio System Sites The table below lists the technical antenna parameters that comprise the City's existing radio system: Table 2 - Existing SmartZone System Technical Antenna Parameters Motorola Response: Fully Compliant Exhibit B-3 Page 1 EXHIBIT `B-3" - City of Delray Beach Scope of Work 1.2.1 S-6 Site 1.2.1.1 General The S-6 site supports the following major system components: • One (1) 6809 Main Site Controller • One (1) 6809 Alternate Site Controller • One (1) 6809 Remote Site Controller (ReSC) • Seven (7) Motorola Quantar trunked repeater radios • Seven (7) Astro -TAC 3000 Comparators • One (1) Premisys TeNSr/800 channel bank • One (1) Zhone AWACS -800 channel bank • MOSCAD Remote Terminal Unit (RTU) • Douglas Technologies UHF repeater (Motorola MSR 2000) • DC battery system supporting the UHF repeater • An Uninterruptable Power Supply (UPS) system • An emergency generator power system Motorola Response: Fully Compliant 1.2.1.2 Tower Structure The tower is a 180 -foot self-supporting tower. The tower is owned by the City of Delray Beach. Motorola Response: Fully Compliant 1.2.1.3 Communications Shelter The RF equipment room is located in the dispatch center radio equipment room. The equipment room is approximately 11'-6" x 11'-10" x 10'-0" and has the following attributes: • 125 -amp, three phase, 120/240 VAC electrical service • Central A/C • 8 -port entry panel with two (2) open ports Motorola Response: Fully Compliant 1.2.1.4 UPS Systems The site is equipped with one (1) 10 kVA Eaton FERRUPS FE Series UPS system. Motorola Response: Fully Compliant 1.2.2 5-16 Site 1.2.2.1 General The 5-16 site supports the following major system components: Exhibit B-3 Page 2 EXHIBIT `B-3" - City of Delray Beach Scope of Work • One (1) 6809 Remote Site Controller (ReSC) • Three (3) Motorola Quantar trunked receiver radios • Four (4) Motorola Astro -TAC receivers • One (1) Premisys TeNSr/800 channel bank • MOSCAD Remote Terminal Unit (RTU) • An emergency generator power system • An Uninterruptable Power Supply (UPS) system Motorola Response: Fully Compliant 1.2.2.2 Tower Structure The tower is a 445 -foot guy tower. The tower is owned by Global Tower, LLC through American Tower, LLC. Motorola Response: Fully Compliant 1.2.2.3 Equipment Building The City leases space in a shared building. The building is approximately 45'-0" x 40'- 0" x 14'-0". The building has the following attributes: • 225 -amp, single phase, 120/240 VAC electrical service • Three (3) 2 -ton, wall mounted, Bard HVAC unit, model WA241-A00 • Six (6) 4 -ton, wall mounted, Bard HVAC unit, model WA484-B00 • 4 -port entry panel with two (2) open ports (north wall) • 18 -port entry panel with no open ports (north wall) • 12 -port entry panel with nine (9) open ports (north wall) • 24 -port entry panel with 17 open ports (south wall) • 24 -port entry panel with eight (8) open ports (south wall) • 24 -port entry panel with nine (9) open ports (south wall) • 24 -port entry panel with 18 open ports (south wall) Motorola Response: Fully Compliant 1.2.2.4 UPS System The City's equipment is backed up by one (1) 2.1 kVA Eaton FERRUPS FE Series UPS system. Motorola Response: Fully Compliant 1.3 System Frequencies 1.3.1 Trunked System Frequencies Exhibit B-3 Page 3 EXHIBIT `13-3" - City of Delray Beach Scope of Work Existing Channel TX/RX Frequency (MHz) 3 851.7750/806.7750 4 852.0750/807.0750 5 852.6750/807.6750 6 853.1500/808.1500 7 853.6750/808.6750 Motorola Response: Fully Compliant 1.4 Dispatch Console System 1.4.1 Dispatch Consoles The existing radio system has four Motorola model Gold Elite full dispatch consoles. Motorola Response: Fully Compliant 1.4.2 Logging Recorders Delray Beach Police Department dispatch center has an Audiolog version 4.0.7 analog voice logging recorder system by Verint. Motorola Response: Fully Compliant 1.5 Backhaul Network The existing backhaul network consists of leased Tls. Motorola Response: Fully Compliant Exhibit B-3 Page 4 EXHIBIT `13-3" - City of Delray Beach Scope of Work 2. COMMUNICATION SYSTEM GENERAL REQUIREMENTS 2.1 General The scope of this RFP is to replace the current 800 MHz radio systems with a modern, interoperable, P25 communications system. The replacement system shall be turnkey and shall include all base stations and antenna systems, system management and control systems, dispatch consoles, and associated system equipment. The system shall provide the functionality and flexibility to support the City's growth and interoperability requirements throughout the life of the system. The proposed design approach shall be modular in nature and provide the flexibility to accommodate additional channel capacity and the expansion of tower sites. The system shall be a site out of the County's geo-redundant network core. The Vendor shall propose a system that provides a level of resiliency in accordance with their system architecture. The Contractor shall describe in detail how redundancy is achieved and the expected system switching times required for primary to redundant components. Motorola Response: Fully Compliant Motorola is providing Palm Beach County a Dynamic System Resilience (DSR) solution with Geographically Cores and redundant Prime sites. The DSR solution consists of a primary master core site and a back-up master core site. Also included are a main simulcast prime site and geographically redundant simulcast prime site. The main simulcast prime site equipment will be co -located with the primary master core site located at 5-25 and the geographically redundant simulcast prime site equipment will be co -located with the back-up master site located at S-15. For failure switching scenario description, please refer to section 5.5.10. The Dynamic System Resilience (DSR) feature automatically maintains critical radio system communications in the event of a catastrophic master site failure. DSR ensures your system will remain active, with no loss of features at your most critical time of need—thus maintaining strategic communications and preserving the safety of your organization. During such a failure, DSR maintains full system functionality, including network management features and core component redundancy. The switch between master sites is automatic and seamless, with minimal interruption to radio system users. The Zone Controllers are the heart of the voice subsystem. For each zone in a DSR system, two dedicated Zone Controller applications exist in each master site. The four Zone Controllers securely communicate to select one active Zone Controller; the selection algorithm is weighted to give preference to the primary core. Exhibit B-3 Page 5 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola is providing the Cities in Palm Beach County dual redundant configurations. This allows for an active link to the Zone Controllers in the event of a failure and switch over occurs. Remote sites and remote zones' active Zone Controllers establish control links with whichever of the four is active. Critical (or all) remote sites have an additional site link to the backup core to support wide -area trunking if the master site with the primary core fails completely. Recovery from failures to the voice subsystem is automatic, i.e., not requiring end-user action. DSR introduces redundant data subsystem components that switch independently of the voice components. Data component failures and switchover do not impact voice system operation. Per zone, per enabled data service (IV&D), a backup Packet Data Gateway (PDG) is added to the backup core. Also, a second Gateway GPRS Support Node (GGSN) is required in the system for backup. Each core within a zone has access to a separate GGSN. This means your Over -the -Air Rekey and GPS Locations features will be protected in the event that one of the master site or prime site equipment fails. Geographically redundant ASTRO 25 prime sites keep wide -area simulcast subsystems operating even after a catastrophic loss of one of the prime sites. If the prime site becomes unavailable, the system automatically restores wide area operation with the secondary prime site. The ASTRO 25 system keeps users connected through a major catastrophe: • Full functionality is maintained on all the channels at the simulcast sub -sites. • Redundant systems are easy to operate: — All equipment is centrally managed. — Simple, familiar system configuration and maintenance. — Multiple locations appear to the system as a single prime site. 2.2 Use of Existing Tower Sites The Contractor's design shall use the City's existing site S-6 as specified in this specification and replace the City's existing site 5-16 with the County's existing Site S-7. The Contractor shall utilize the County's existing receive antenna at Site S-7 in the design. Motorola Response: Fully Compliant 2.3 User and Talkgroup Capacity See Exhibit B, Section 4.3 as applicable to the City. Motorola Response: Fully Compliant An ASTRO® 25 system has an ID range of 1 to 16,777,215. It has the capacity to support 128,000 individual IDs within this range. The ASTRO® 25 system also has capacity to support 16,000 talkgroup IDs. These 16,000 talkgroup IDs can be selected from a range of 1 to 64,000 talkgroup IDs. Exhibit B-3 Page 6 EXHIBIT `B-3" - City of Delray Beach Scope of Work 2.4 P25 Phase I FDMA P25 Phase I technology uses the Frequency Division Multiple Access (FDMA) over -the - air interface that provides one talk path in a single 12.5 kHz bandwidth channel at an over -the -air data rate of 9,600 bps. A single trunked repeater channel is required for the control channel and for each voice transmission that occurs on the Phase I system. The proposed system shall be P25 Phase I. Motorola Response: Fully Compliant 2.5 Dual Mode P25 Phase I / Phase II Compatibility Dual -mode compatibility refers to a P25 radio system that will support both P25 Phase I and Phase II modes of operation. The proposed system shall be capable of supporting dynamic dual -mode (P25 Phase I and Phase II) operation through a software upgrade. Motorola Response: Fully Compliant 2.6 700/800 MHz Capable See Exhibit B, Section 4.5 as applicable to the City. Motorola Response: Fully Compliant Motorola's proposed equipment is 700/800 MHz capable with the exception of the transmit combiner (800 MHz only) and the site antennas, as required by the RFP. 2.7 Frequencies and FCC Licenses The Contractor shall be responsible for any and/or all frequency coordination, modifications to existing licenses, applications, FCC filing, waivers, etc. for the licensing of the communication system frequencies. The Contractor shall be responsible for any fees levied by the frequency coordinators. Motorola Response: Fully Compliant 2.8 RF Sites The P25 trunked system shall operate in the 800 MHz NPSPAC frequency band and shall have, at a minimum, 7 channels configured for P25 Phase I operation. Motorola Response: Fully Compliant 2.8.1 Site Specific Requirements 2.8.1.1 S-6 Site The Contractor shall furnish and install the following: • Electrical distribution panel fed from existing UPS system to support new RF equipment Motorola Response: Fully Compliant Exhibit B-3 Page 7 EXHIBIT `13-3" - City of Delray Beach Scope of Work 2.8.1.2 S-16 Site The City desires to vacate site S-16 and utilize the County's existing Site S-7. Site S-16 is a receive -only site and therefore, the Contractor shall expand the multicoupler associated with the County's receive antenna to add a minimum of eight (8) additional ports. The Contractor shall furnish and install additional electrical distribution from the County UPS to support the City's new RF equipment. Motorola Response: Fully Compliant 2.9 Network Monitoring and Control System See Exhibit B, Section 4.11 as applicable to the City. Network management terminals providing access to the NMCS shall be provided at the dispatch center (Site S-6). Motorola Response: Fully Compliant 2.10 Fleet Mapping and System Databases See Exhibit B, Section 4.12 as applicable to the City. Motorola Response: Fully Compliant 2.11 System Failures See Exhibit B, Section 4.13 as applicable to the City. Motorola Response: Fully Compliant Motorola has provided a detailed discussion of failure scenarios below. Failure Scenarios Motorola has designed the system to be inherently fault-tolerant to ensure reliable communications for the end users. Redundant components and network component distribution ensure maximum system availability for the end users. Site and system component failures are detected by the unified event manager (UEM) at the master site, and will be reported to the appropriate personnel. The failure mode analysis contained here is comprehensive and represents Motorola's proposed overall design with Palm Beach County and the City of Delray Beach. We have provided in response to this section a full failure analysis narrative and block diagrams for each major component failure possible for the proposed system, including the following scenarios: Master Site Failure Scenarios • Entire main master site core or critical components of main master site (zone controller or core LAN switch or core router or gateway router). • Link failure between /dispatch /simulcast prime site and the master site. Exhibit B-3 Page 8 EXHIBIT `B-3" - City of Delray Beach Scope of Work Simulcast Prime Site Failure Scenarios • Simulcast prime site controller. • Both simulcast prime site controllers. • Comparator at the main prime site. • Single gateway (or site link) to master site. • Failure of both site gateways (or site links) to the master site. • Single Ethernet switch. • Both Ethernet switches. • Prime site reference (GPS). • Prime site subsite access gateway to simulcast subsites. Simulcast Remote Site Failure Scenarios • Simulcast remote site main gateway (or site link). • Either simulcast remote site gateways or site links. • Simulcast remote site main Ethernet LAN switch. • Simulcast remote site main and redundant Ethernet LAN switches. • Simulcast remote site single control channel or voice channel. Dispatch Site Failure Scenarios • Dispatch operator position. • Ethernet switch at dispatch site. • Main site gateway or site link at dispatch site. • Failure of either site gateways or site links at dispatch site. • Conventional channel gateway at dispatch site. • Failure of Aux UO server at dispatch site. Master Site Failure Scenarios The proposed County radio system includes a geo-redundant master site with redundant zone controllers, LAN switches, gateways and backhaul switches to provide a high level of box redundancy (Motorola Figure B-3 -1). The zone controllers provide the connectivity between the prime simulcast site and the console dispatch sites. Exhibit B-3 Page 9 EXHIBIT `B-3" - City of Delray Beach Scope of Work Failure of Master Site Critical Components (Zone Controller or Core LAN Switch or Core Router or Gateway Router) PALM BEACH COUNTY MASTER SITE P' ontro Network Red one Management Client ntro PALM BEACH COUNTY REDUNDANT MASTER SITE PrimaryZone Controller Network Redundant Zone Management Client Controller I Simulcast ASR Simulcast Geo - Prime Site Redundant MCC 1511 Prime Site Dispatch Site Motorola Figure B-3 - 1: Failure of master site critical components • Failure of zone controller or core LAN switch or core router or gateway router. Motorola offers redundant master site components. Failure of the key components at the master site will result in the automatic switchover of these key components that will be transparent to the users. ProtectionRedundant master site components, redundant links. Detection: Alarm on NMS terminal. Exhibit B-3 Page 10 EXHIBIT `B-3" - City of Delray Beach Scope of Work Link Failure between Dispatch/Simulcast Prime Site and the Master Site PALM BEACH COUNTY MASTER SITE 0 �)� Voting 0�)� 0W ASR SystemSimulcast Site Prima Site Simulcast Geo - Primary Zone Controller Network Redundant Zone Management Client Controller 0 �)� Voting 0�)� 0W ASR SystemSimulcast Site Prima Site Simulcast Geo - Redundant Prime Site MGG 7500 Dispatch Site Motorola Figure B-3 - 2: Failure of site link to the master site • Failure of the site link from an ASR, Voting (or Simulcast or MCC7500) site to the master site. In the event that the simulcast prime/dispatch site loses communications with the zone controller at the master site due to site link failure, it will automatically try an alternate path to access that zone controller with no impact to users. • Redundant site links and geo-redundant prime site. Alarm on NMS terminal. Geo -redundant Simulcast Prime Site Failure Scenarios Motorola proposes to the County a simulcast subsystem with geo-redundant simulcast prime site redundancy. The proposed simulcast subsystem is comprised of a main simulcast prime site with co -located simulcast remote site, simulcast subsites and a redundant prime site geographically co -located with one of the simulcast subsites. The Palm Beach County simulcast subsystem is shown below for reference (Motorola Figure B-3 -3). Exhibit B-3 Page 11 EXHIBIT `B-3" - City of Delrav Beach Scone of Work Connections to Master Site el Simulcast simulcast Site Primary Geo- site . • Gateway Gateway Prime Site Redundant Site Reference Prime Site Site Reference LAN Switch Ethernet is Microwave LAN Switch Site Controllers Site Controller ' Comparator n Comparator 1 •• Sub -Site Sub -Site Access Access Comparator 1 Comparator n Interface Panel Interface Panel Connections to Simulcast Subsites Motorola Figure B-3 -3: Proposed geo-redundant simulcast prime site network diagram Simulcast Prime Site Controller Connections to Master Site t t Simulcast Simulcast M OSite Primary Geo- Site i • Gateway Gateway Site Reference Prime Site Redundant site Raloreno-� Prime Site LAN Switch Ethernet via M icrowave LAN Switch Site Controllers Site Controller Comparator n Comparator 1 Sub -Site Sub -Site Access Access Comparator 1 Comparator n Interface Panel Interface Panel Connections to Simulcast Subsites Motorola Figure B-3 - 4: Geo -redundant main prime site: simulcast prime site controller failure • Failure of the simulcast prime site controller at prime site. Motorola has provided redundant simulcast prime site controllers (GCP 8000) at the main simulcast prime site. Failure of the active controller will result in automatic switchover to the main prime redundant controller. The entire system remains in the simulcast wide area trunking mode from the primary prime site. The failure is transparent to all voice system users. Dispatch console operation remains unaffected. Protection:Redundant prime simulcast controllers, spare controller modules. Alarm on NMS terminal. Exhibit B-3 Page 12 EXHIBIT `B-3" - City of Delray Beach Scope of Work Both Simulcast Prime Site Controllers Connections to Master Site Connections to Simulcast Subsites Motorola Figure B-3 -5: Geo -redundant main prime site: both simulcast prime site controllers failure • [Alarm lure of both primary and redundant simulcast prime site controllers. the unlikely event that both the active and the redundant main simulcast prime ntrollers fail at the main simulcast prime site, this will result in automatic itchover to the geo-redundant prime site controller. The entire system remains in simulcast wide area trunking mode from the geo-redundant prime site. The ure is transparent to all voice system users. Dispatch console operation remains affected. • o -redundant prime simulcast controller, spare controller modules. on NMS terminal. Exhibit B-3 Page 13 EXHIBIT `B-3" - City of Delray Beach Scope of Work Comparator at Prime Site Connections to Master Site Connections to Simulcast Subsites Motorola Figure B-3 - 6: Geo -redundant main prime site: comparator failure • Failure of simulcast comparator at main simulcast prime site. The system will recognize the failure of the comparator at the main prime site and use the duplicate comparator on the geo-redundant prime site. The failure is transparent to all voice system users. Dispatch console operation remains unaffected. • Duplicate comparators on the geo-redundant prime site. Alarm on NMS terminal. Exhibit B-3 Page 14 EXHIBIT `B-3" - City of Delray Beach Scope of Work Prime Site - Failure of Single Gateway (or Site Link) to Master Site Connections to Master Site Connections to Simulcast Subsites Motorola Figure B-3 -7: Geo -redundant main prime site: single gateway failure (or site link) • Failure of simulcast prime site gateway or site link to the master site. If the primary site gateway or site link to the master site fails, the geo-redundant site gateway will take over. The switchover is automatic. The failure is transparent to all system users. The traffic is rerouted through the geo-redundant site gateway. The switchover is automatic. • Geo -redundant simulcast prime site gateway, redundant site links. Alarm on NMS terminal. Exhibit B-3 Page 15 EXHIBIT `B-3" - City of Delrav Beach Scone of Work Single Ethernet Switch Connections to Master Site Simulcast Simulcast Site Primary Geo- Site . • Gateway prime Site Redundant Gateway Site Reference Prime Site Site Reference S Ethernet is Microwaveow LAN Switch Site Controllers Site Controller Comparator n Comparator 1 '•, Sub -Site Sub -Site Access Access Comparator 1 Comparator n Interface Panel Interface Panel Connections to Simulcast Subsites Motorola Figure B-3 - 8: Geo -redundant main prime site: Ethernet LAN switch failure • Failure of a main simulcast prime site Ethernet LAN switch. The failure of the main simulcast prime site Ethernet LAN switch will cause the main simulcast prime site to use those duplicated comparators on the geo-redundant prime site. The failure is transparent to all voice system users. Dispatch console operation remains unaffected. • Geo -redundant prime simulcast Site Ethernet LAN switch. Alarm on NMS terminal. Exhibit B-3 Page 16 EXHIBIT `B-3" - City of Delray Beach Scope of Work Main Prime Site Reference (GPS) Connections to Master Site Simulcast Simulcast . Site Primary Geo- Site . . 49 Gateway Gateway Prime Site Redundant Site Reference Prime Site Site Reference LLLLLLLLLLLLIXM LAN Switch Ethernet is Microwave LAN Switch 1111M __W Site Controllers Site Controller Comparator n Comparator 1 '•, Sub -Site Sub -Site Access Access Comparator 1 Comparator n Interface Panel Interface Panel Connections to Simulcast Subsites Motorola Figure B-3 - 9: Failure of simulcast prime site reference (GPS) • Failure of main simulcast prime site reference (GPS). The primary site reference is designed with a rubidium, and crystal Oscillator and redundant power supplies. If the rubidium oscillator fails then the crystal oscillator will take over and continue to provide a reference for the comparators and site controllers. If a power supply fails then the redundant power supply will take over. If the entire primary site reference fails, then the controllers and comparators will continue to run on the internal reference for up to four hours. If the primary site reference (TRAK) is down for over four hours, then the system will switch to the geo-redundant prime site. There is no impact to users. • Geo -redundant prime simulcast controller, spare controller modules. Alarm on NMS terminal. Exhibit B-3 Page 17 EXHIBIT `B-3" - City of Delray Beach Scope of Work Main Prime Site Main Subsite Access Gateway to Simulcast Subsites Connections to Master Site Connections to Simulcast Subsites Motorola Figure B-3 - 10: Failure of main subsite access gateway to simulcast subsites • Failure of main subsite access gateway to simulcast subsites. At the Main Simulcast Prime site if the main subsite access gateway to the remote simulcast sites fails, the geo-redundant subsite access gateway will take over. The switchover is automatic. The failure is transparent to all system users. • Geo -redundant simulcast prime site gateway. Alarm on NMS terminal. Exhibit B-3 Page 18 EXHIBIT `B-3" - City of Delray Beach Scope of Work Simulcast Remote Site Failure Scenarios Simulcast Subsite Main Gateway (or Site Link) Main Site Backup Gateway Site Gateway LAN Switch 1 1 / 1 LAN Switch 2 LE"O 0 GPS GTR8400 Base Radio GTR8000 Base Radio lW 5 MPPS with embedded 1 PPS Motorola Figure B-3 - 11: Failure of simulcast subsite main gateway (or site link) • Failure of simulcast subsite main gateway or site link. The simulcast subsystem employs redundant site gateways and redundant site links to connect the simulcast subsites to the simulcast prime site. Failure of main site gateway/site link at a simulcast subsite will result in automatic switchover to the redundant site gateway/site link. The entire system remains in the simulcast wide area trunking mode. The failure is transparent to all system users. • Standby simulcast subsite gateway, redundant site links. Alarm on NMS terminal. Exhibit B-3 Page 19 EXHIBIT `B-3" - City of Delray Beach Scope of Work Either Simulcast Subsite Gateways or Site Links Main Site ackup Gateway Site teway LAN Switch i 1 \ l 1 LAN Switch 2 GPS IGTR8000 Base Radio I GTR8000 Base Radio ll%- ` 5 MPPS with embedded 1 PPS r Motorola Figure B-3 -12: Failures of either simulcast subsite gateways (or site links) • Failure of both simulcast subsite gateways (or site links). In the unlikely event that both simulcast subsite gateways or both the site links fail, the failed simulcast subsite will be removed from the simulcast cell. The remaining simulcast subsites within that cell will remain unaffected. The coverage from the failed simulcast subsite will no longer be available, possibly reducing the coverage footprint. Network management alarms and software download capability will be lost for the failed simulcast remote site. All other simulcast subsites within the cell will have network management alarming capability. Subscriber units primarily served by the failed simulcast subsite may experience a reduction of coverage depending on their location. If they are out of range of any RF coverage, the subscribers will lose access to the system. • Spare simulcast subsite gateway. Alarm on NMS terminal. Exhibit B-3 Page 20 EXHIBIT `B-3" - City of Delray Beach Scope of Work Simulcast Remote Site Main Ethernet LAN Switch Main Site Backup GatewayCD CD Site Gateway LAN SwitdffTqUhsw \ / 1 LANs Switch 2 GPS GTR8000 Base Radio GTR8000 Base Radio l lW 5 MPPS with embedded 1 PPS Motorola Figure B-3 - 13: Failure of simulcast subsite main Ethernet LAN switch • Failure of simulcast subsite main Ethernet LAN switch. Failure of the main simulcast subsite Ethernet LAN switch will result in automatic switchover to the redundant Ethernet switch. The entire system remains in the simulcast trunking mode. The failure is transparent to all system users. • Redundant simulcast subsite Ethernet switch. Alarm on NMS terminal. Exhibit B-3 Page 21 EXHIBIT `B-3" - City of Delray Beach Scope of Work Simulcast Subsite Main and Redundant Ethernet LAN Switches Main Site Gateway LAN • L -0-14R GPS GTR8000 Base Radio �'1-7 - 5 MPPS with embedded 1 RPS Backup Site Gateway Ole GTR8000 Base Radio h2 Motorola Figure B-3 - 14: Failure of simulcast subsite main and redundant Ethernet LAN switches • Failure of simulcast subsite main and redundant Ethernet LAN switches. In the unlikely event that both the main and redundant simulcast Ethernet LAN switches fail, the failed simulcast subsite site will be removed from the simulcast cell. The remaining simulcast subsites within that cell will remain unaffected. The coverage from that simulcast subsite will no longer be available, possibly reducing the coverage footprint. Network management alarms and software download capability will be lost for this simulcast subsite. All other simulcast subsites within the cell will have network management alarming capability. Subscriber units primarily served by the failed simulcast subsite may experience a reduction of coverage depending on their location. If they are out of range of any RF coverage, the subscribers will lose access to the system. • Spare simulcast subsite Ethernet LAN switch. Alarm on NMS terminal. Exhibit B-3 Page 22 EXHIBIT `B-3" - City of Delray Beach Scope of Work Simulcast Subsite Single Control Channel or Voice Channel Main Site Backup G ateway0 Op Site Gateway LAN Switch 1 I "*%, / I LAN Switch 2 46 GTWOB alio GPS GTR8000 Base Radio 5 MPPS with embedded 1 PPS Motorola Figure B-3 - 15: Failure of single control channel or voice channel • Failure of a single control channel or voice channel. Motorola trunking systems provide up to four possible control channels in a simulcast cell. If the currently active control channel fails, another channel automatically takes over and the failed control channel is automatically taken out of service. All other channels within the simulcast cell remain unaffected. The simulcast cell remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. In a trunking system, multiple channels inherently provide redundancy for simulcast subsites. The failure of one voice channel will be transparent to all system users. The failure of a voice channel base station will result in the zone controller removing that channel from service, resulting in some reduced channel capacity. Any calls in progress on the failed channel will be lost, and on the next push -to -talk, radio traffic will be restored on another channel. All other channels in the simulcast cell remain unaffected. The entire system remains in the wide area trunking mode. Dispatch console operation remains unaffected. • Multiple potential control channels. Alarm on NMS terminal. Exhibit B-3 Page 23 EXHIBIT `B-3" - City of Delray Beach Scope of Work Dispatch Site Failure Scenarios Dispatch Operator Position Console Site Links to Master Sites Motorola Figure B-3 - 16: Failure of single MCC 7500 console position • Failure of a single dispatch operator position. The failure of a dispatch operator position would result in that particular dispatcher moving to another operator position or reverting to a fallback control station or portable radio. All other dispatch terminals operate normally and remain unaffected. The entire system remains in the wide area trunking mode. Protection:Multiple consoles, backup control stations. Detection: Console user detection, console diagnostics. Exhibit B-3 Page 24 EXHIBIT `B-3" - City of Delray Beach Scope of Work Ethernet Switch at Dispatch Site Local Analog Conventional 8 Stations Analog Console Site Links to Master Sites CCGW Conventional Site Controller GGM 8000 Site Gatewa Backup Control Stations CCGW Switches — One Fails Aux IIO Server III I MCC 7500 Console #1 7500 Consns ole #2 MCC le # Console n Motorola Figure B-3 - 17: Failure of Ethernet LAN switch at dispatch center • Failure of a dispatch center Ethernet LAN switch. Each dispatch site is designed with at least two Ethernet LAN switches that 4 connect the operator positions to the network. The console positions and other critical components at the dispatch sites are distributed equally amongst the Ethernet LAN switches at the site. If an Ethernet switch fails, only those operator positions that are connected to the failed switch will be affected. These dispatchers can move to another functional console position or can continue to operate via the backup control stations or portable radios. The operator positions connected to the other Ethernet LAN switch continues to operate normally. All functional dispatch positions will lose access to other dispatch site resources like conventional channel gateways, Aux 1/0 server modules, if those were connected to the failed Ethernet switch. Protection:Multiple console positions, multiple Ethernet LAN switches, spare Ethernet LAN switches, backup control stations. Detection: Console user detection, console diagnostics. Exhibit B-3 Page 25 EXHIBIT `B-3" - City of Delray Beach Scope of Work Main Site Gateway or Site Link at Dispatch Site Console Site Links to Master Sites Analog ,fines CCGW Local Analog Conventional 8 Stations GGM 8000 Site Gatewa One Fails Backup Control Stations Switches CCGW MCC 7500 Aux IIO Server Console Rl MCC 7500 Conventional Console #2 Site Controller MCC 7500 Console JE:I'n Motorola Figure B-3 - 18: Failure of main dispatch site gateway • Failure of main dispatch site gateway or site link. The system employs redundant site gateways and redundant site links at dispatch sites. Failure of main site gateway/site link at a dispatch site will result in automatic switchover to the redundant site gateway/site link. The entire system remains in the wide trunking mode. The traffic is rerouted through the redundant site gateway - redundant master site link to the master site. The failure is transparent to all system users. ' Redundant site gateway, spare site gateway, redundant site links. Detection Alarm on NMS terminal (UEM). Exhibit B-3 Page 26 EXHIBIT `B-3" - City of Delray Beach Scope of Work Failure of either Site Gateways or Site Links at Dispatch Site Console Site Links to Master Sites Alk GGM 8000 Site Gateways Both Fail 4W Analog ones CCGW Local Analog Conventional LANSwi Stations r, 79 Backup Control Stations r1 Operation CCGW MCC 700 Aux VO Server III I �U Console fl AI I MCC 7500 Conventional Tu Console #2 Site Controller MCC 7500 Console #n Motorola Figure B-3 - 19: Failure of main and redundant dispatch site gateways. am 71d•M Failure of both dispatch site gateways or site links. In the unlikely event that both site gateways and site links should fail, the dispatch site would like wide area connectivity through the master sites. But trunking operations would continue via backup control stations connected to the console dispatch position. Conventional system communications would continue unaffected through conventional stations that are connected to the local console network LAN, as the conventional site controller takes over site operation. Protection:Spare site gateway, backup control stations, conventional site controller. Detection Alarm on NMS terminal (UEM). Exhibit B-3 Page 27 EXHIBIT `B-3" - City of Delray Beach Scope of Work Conventional Channel Gateway at Dispatch Site Console Site Links to Master Sites W,W Analog nes CGW Local Analog Conventional Stations "fflz' Conventional Site Controller GGM 8000 Site Gatewa Backup Control Stations Switches CCGW 4 MCC 75#0 Aux 1;0 5eruer Console Rl jjj MCC 75#0 7r�� Console #2 MCC 7500 Console JE:I'n Motorola Figure B-3 - 20: Failure of conventional channel gateway • Failure of conventional channel gateway. The failure of a conventional channel site gateway at a dispatch site causes the dispatch users the loss of the conventional resources connected to the failed gateway. The dispatchers may have to communicate with the subscribers served by the failed conventional channels using alternate conventional or trunked resources. Protection.Spare conventional channel site gateway. Detection Alarm on NMS terminal (UEM). Exhibit B-3 Page 28 EXHIBIT `B-3" - City of Delray Beach Scope of Work Failure of Aux l/O Server at Dispatch Site Local Analog {� t }� Conventional 8 Stations Analog Console Site Links to Master Sites CCGW GGM 82DO Site Gatewa, Backup Control Stations Switches CCGW MCC75M Aux U ry 1[� Console #I MCC 2 Conventional Console #2 Site Controller 9ECCOM MCC Consolele #n Motorola Figure B-3 - 21: Failure of Aux 1/0 server Failure of Aux 1/0 server. The failure of an Aux 1/0 at a dispatch site causes the dispatch users to lose the ability to control the external devices connected to the Aux 1/0 server. Spare Aux 1/0 server. Alarm on NMS terminal (UEM). Exhibit B-3 Page 29 EXHIBIT `B-3" - City of Delray Beach Scope of Work 3. RADIO COVERAGE REQUIREMENTS 3.1 General Requirements See Exhibit B, Section 5.1 as applicable to the City. Motorola Response: Fully Compliant 3.2 Radio Coverage Definition See Exhibit B, Section 5.2 as applicable to the City. Motorola Response: Fully Compliant Motorola has provided DAQ audio files per the requirements of the RFP. 3.3 Radio Coverage Requirements 3.3.1 Radio System Service Area The jurisdictional boundaries of the City of Delray Beach, and the in -building coverage contours provided in this RFP shall define the required portable subscriber radio based coverage requirements for this system. Motorola Response: Fully Compliant 3.3.2 User Radio Configuration For purposes of defining radio coverage, and for the purpose of coverage acceptance testing, the following portable radio configurations shall be used for talk -out and talk - back: Portable radios worn on the belt (3 feet above ground level), with a remote speaker-mic (RSM) at shoulder level. Motorola Response: Fully Compliant 3.3.3 Outdoor and In -Building Coverage Requirements [Per Addendum No. 4] The system shall provide a minimum Delivered Audio Quality (DAQ) radio signal of DAQ 3.4 to portables operating outdoors and inside of 20 dB buildings. An outdoor radio coverage service area reliability goal of 97% and a 20 dB in -building coverage service area reliability goal of 95% are required on a citywide basis including future annexation areas.3.3.4 Coverage Requirements [Per Addendum No. 4] The required level of outdoor and in -building portable coverage for the City's P25 simulcast system is depicted by the black polygon in Figure 1. Exhibit B-3 Page 31 EXHIBIT `B-3" - City of Delray Beach Scope of Work qql QT4 JII - g Ocean bodg Sun Valley Country BeaC -� Club irl i, f ® d Bre RRtl — i i f1 Cb pal Ml Ulf e 777 i F �ri.L a noaa& sor L 9 E A e H "ti r0Q �. m Ftl aoae F L O R I Q A High PoirH F- d �� Delray Resme s viiwrp, d aQrioie + p I ourrtry dub ncrese � Kings Point she -d Park tOm Si Rainbow i Homes Inion Blvtl OSIe 16 i93 ej Monkemi Par - � i�� rnigmeRa ��. peach CM�t CliMoo Rd TI I Yama[o j Y4hisper WeIkJ Yamato R 6ec Rzten 184 Boca West riniversA Park yy� Hamptons al Boca Raton I � � 8oA Figure 1 - Outdoor/20 dB In -Building Coverage Requirement Motorola Response: Fully Compliant 3.3.5 Coverage Maps The proposed coverage design shall be based upon TSB -88 (the most recent edition at time of the proposal), DAQ 3.4, with 97% service area reliability outdoors and 95% service area reliability in -buildings using the portable radio configuration described in Exhibit B, Section 5.3.2. The Contractor shall provide individual coverage maps for the following configurations: [Per Addendum No. 4] • P25 Phase I, 97% service area reliability, outdoors within the areas designated in Figure 1 for both talk -out and talk -back configurations. The guaranteed BAPC under this configuration shall be provided. • P25 Phase I, 95% service area reliability, talk -out and talk -back, for the portables operating inside 20 dB buildings within the areas designated in Figure 1. The guaranteed BAPC under this configuration shall be provided. Exhibit B-3 Page 32 EXHIBIT `B-3" - City of Delray Beach Scope of Work Any areas that are predicted to have a service area reliability of less than 97% or 95% for the applicable conditions and required coverage parameters shall be clearly identified on the coverage maps to be provided. Motorola Response: Fully Compliant Per the requirements of the RFP Motorola has provided the coverage maps for the in Tab 1.3 below. 3.3.6 Coverage Map Technical Parameters See Exhibit B, Section 5.3.6 as applicable to the City. Motorola Response: Partially Compliant Environmental and adaptive loss parameters, as well as simulcast capture and delay spread are Motorola proprietary information and therefore cannot be provided Any delay interference will be displayed on a coverage map. Exhibit B-3 Page 33 EXHIBIT `13-3" - City of Delray Beach Scope of Work 4. COMMUNICATION SITES AND REQUIREMENTS 4.1 General Upgrades to the existing facilities may be required at some sites to support the P25 communications system. All Contractors were provided supporting documentation and the opportunity to assess the existing facilities. The Contractor shall account for all of the costs for all upgrades in their proposals. The City's P25 Migration consultant indicated that the P25 system will require approximately one (1) transmit/receive site and one (1) receive -only site to meet the minimum coverage requirements of this RFP. The Contractor's design shall use the City's existing sites as specified in this specification. Motorola Response: Fully Compliant 4.2 Tower Structural Analysis See Exhibit B, Section 6.2 as applicable to the City. Motorola Response: Fully Compliant 4.3 RF Sites The Contractor's design shall use the City's existing sites as specified in this specification. Motorola Response: Fully Compliant 4.4 Dispatch Consoles 4.4.1 General See Exhibit B, Section 6.4.1 as applicable to the City. Motorola Response: Fully Compliant The MCC 7500 Dispatch Console System is Motorola's proposed dispatch solution for the City of Delray Beach. This solution offers IP -based seamless connectivity between dispatch operators and field personnel. The MCC 7500 Dispatch Console will provide the City of Delray Beach with a scalable, flexible system architecture, sophisticated network management and security, and an easy migration to future capabilities. Cost Savin, -s and Ease of Use The MCC 7500 series consoles are designed to help reduce the total cost of owning an IP -based, feature -rich dispatch system without compromising quality and reliability. Specific benefits of the MCC 7500 series consoles include the following: • The intuitive, easy to use Graphical User Interface (GUI) enhances dispatchers' efficiency and accuracy. Exhibit B-3 Page 35 EXHIBIT `B-3" - City of Delray Beach Scope of Work • RobustAP[ allows CAD systems to have complete access to console status and features for further improvements in efficiency and accuracy. • Software -based upgrades facilitate system and feature expansion. • Installation is simplified and site costs are reduced because console positions function without backroom electronics. • Console configuration is performed at centralized Network Management clients, and changes are automatically distributed, which saves valuable technician and administrator time. • Offers robust service logs that contain real-time information to facilitate maintenance activities. • Consoles within the ASTRO 25 dispatch site are integrated into the ASTRO 25 fault management system, which uses industry -standard event monitoring protocols, resulting in fewer dispatch site visits. • Flexible bandwidth requirements minimize operating costs for remote console sites. • Conventional audio can be transported over the IP network, which eliminates the need for channel banks or a separate circuit -switched network. 4.4.2 Location, Interface Type and Quantity Table 3 depicts the quantity and type of dispatch consoles required per Dispatch Center. Table 3 - Quantity and Type of Dispatch Consoles per Dispatch Center Motorola Response: Fully Compliant 4.5 General Site Development Requirements See Exhibit B, Section 6.5 as applicable to the City. Motorola Response: Fully Compliant 4.5.1 Permitting See Exhibit B, Section 6.5.1 as applicable to the City. Motorola Response: Fully Compliant 4.5.2 FAA and FCC Filings and Authorizations See Exhibit B, Section 6.5.2 as applicable to the City. Motorola Response: Partially compliant Exhibit B-3 Page 36 EXHIBIT `B-3" - City of Delray Beach Scope of Work As mandated by FCC, the City, as the licensee, has the ultimate responsibility for providing all required radio licensing or licensing modifications for the system prior to system staging. Motorola will research and prepare FCC forms and submittals needed for existing and/or new sites or channels, and provide to each City for signature and submittal. 4.5.3 Site Plan See Exhibit B, Section 6.5.3 as applicable to the City. Motorola Response: Fully Compliant 4.5.4 Site Preparation See Exhibit B, Section 6.5.4 as applicable to the City. Motorola Response: Fully Compliant 4.5.5 Site Electrical See Exhibit B, Section 6.5.5 as applicable to the City. Motorola Response: Fully Compliant 4.5.6 Construction Notifications See Exhibit B, Section 6.5.6 as applicable to the City. Motorola Response: Fully Compliant 4.5.7 Temporary Power See Exhibit B, Section 6.5.7 as applicable to the City. Motorola Response: Fully Compliant 4.5.8 Landscaping See Exhibit B, Section 6.5.8 as applicable to the City. Motorola Response: Fully Compliant 4.6 UPS System Requirements The City has existing UPS systems supporting the existing SmartZone radio system. At each of the existing sites, the Contractor shall evaluate the existing UPS system. The Contractor shall also furnish and install additional distribution panels, fed from the existing UPS panels, to support the P25 system. Whether the existing or a new UPS is utilized, the Contractor shall include in their proposal the required electrical connectivity and circuit distribution. A factory authorized service representative shall provide initial startup service and acceptance load testing for each new UPS system. Test records shall be furnished to the City in both printed and electronic PDF format. Exhibit B-3 Page 37 EXHIBIT `B-3" - City of Delray Beach Scope of Work See Exhibit B, Section 6.6.1 to Section 6.6.4 as applicable to the City. Motorola Response: Fully Compliant 4.7 Grounding Systems See Exhibit B, Section 6.10 as applicable to the City. Motorola Response: Fully Compliant 4.8 Lightning and Surge Suppression See Exhibit B, Section 6.11 as applicable to the City. Motorola Response: Fully Compliant 4.9 Conduits and Raceways See Exhibit B, Section 6.12 as applicable to the City. Motorola Response: Fully Compliant 4.10 Wiring and Devices See Exhibit B, Section 6.13 as applicable to the City. Motorola Response: Fully Compliant Exhibit B-3 Page 38 EXHIBIT `13-3" - City of Delray Beach Scope of Work 5. P25 TRUNKED COMMUNICATIONS SYSTEM 5.1 General It is the intent of the City to procure a state-of-the-art, digital APCO Project 25 compliant communications system that will meet the City's radio communication needs for the foreseeable future and provide the capability and reliability for mission critical communications to public safety officials and other system users. The new communications system shall improve radio coverage throughout the City's jurisdictional boundary, provide in -building coverage, and establish improved interoperability with surrounding agencies and technologies. The new communications system shall provide direct interoperability between participating agencies and will be capable of interoperable communications at the CAI level with surrounding P25 systems. Motorola Response: Fully Compliant 5.2 APCO Project 25 Compliance See Exhibit B, Section 7.2 as applicable to the City. Motorola Response: Fully Compliant 5.3 Radio System Infrastructure Equipment Requirements Motorola Response: Fully Compliant 5.3.1 Trunked Repeater Stations See Exhibit B, Section 7.3.1 as applicable to the City. Motorola Response: Fully Compliant 5.3.2 Antenna Systems A complete antenna system shall be provided at each RF site. All base station antennas and transmission lines shall be furnished with 7/16 -inch DIN or N connectors. Splices or adaptors are not permitted and will be rejected. The Contractor shall specify the antenna type and model, antenna heights (centerline AGL), antenna mount type, antenna sidearm type and length, and antenna orientation and downtilt for all transmit and receive antennas needed to meet the City's coverage requirements. The antennas shall be supplied with mounting brackets, masts, and all other suitable mounting hardware for mounting on a communications tower. Base station antennas shall be high quality, long life, and suitable for public safety applications. All brackets, masts, clamps, and hardware shall be of hot -dipped galvanized steel, or stainless steel. All antennas shall be mounted on stand offs that provide a minimum of six (6) foot Exhibit B-3 Page 39 EXHIBIT `B-3" - City of Delray Beach Scope of Work spacing from the tower leg or face. All new antenna systems and mounts shall be rated for high wind speed applications. Motorola Response: Fully Compliant 5.3.2.1 Transmission Lines See Exhibit B, Section 7.3.2.1 as applicable to the City. Motorola Response: Fully Compliant 5.3.2.2 Transmitter Combiners See Exhibit B, Section 7.3.2.2 as applicable to the City. Motorola Response: Fully Compliant 5.3.2.3 Receiver Multicoupler and Tower -Top Amplifier See Exhibit B, Section 7.3.2.3 as applicable to the City. Motorola Response: Fully Compliant 5.3.3 Receiver Desense See Exhibit B, Section 7.3.3 as applicable to the City. Motorola Response: Fully Compliant 5.4 Network Control and Management System See Exhibit B, Section 7.4 as applicable to the City. Motorola Response: Fully Compliant 5.4.1 NCMS Network Security See Exhibit B, Section 7.4.1 as applicable to the City. Motorola Response: Fully Compliant Router Access Control List. The Router Access Control List feature provides basic packet filtering capabilities provided by routers. A router's primary function is to route traffic. Routers are not designed to provide the fine grained packet inspection that firewalls typically provide. TCP/IP traffic filtering is employed at core, exit, gateway, and site routers to enhance the security of the network. The security enhancement is realized by only allowing traffic for a combination of predefined subnets, hosts, and protocols. All other traffic not defined in the Router Access Control List is dropped by the router. Some examples of traffic that would be dropped by the router may include traffic to/from illegitimate IP address, some known insecure protocols, and specific port numbers that support known Denial of Service attacks. The Access Control Lists employed on the routers are configured with a "deny -by -default" policy. This policy forces the router to drop packets that have not been explicitly defined as allowed Exhibit B-3 Page 40 EXHIBIT `B-3" - City of Delray Beach Scope of Work Ethernet Switch Port Security: The Ethernet Switch Port Security feature of the proposed ASTRO 25 system for Sarasota and Manatee Counties utilizes two methods: MAC Port Lockdown and 802.1x capability for Service Ports. The MAC Port Lockdown feature provides a layer of security at the physical location of the equipment. MAC Port Lockdown prevents unauthorized access to the system via ports on a network switch by locking each port to one or more MAC addresses. Access to the system via a locked port is denied to any devices with MAC addresses not matching the address (es) locked to that port. Information sent to the locked address cannot be hijacked and directed out to the port of an intruder. MAC Port Lockdown also controls address learning on the switch, which prevents station movement at remote sites. The 802.1X feature is added to the GCP 8000 Ethernet service port and may also be added to HP switches when a service port is desired. The IEEE 802.1X standard defines port - based, network access control that is used to provide authenticated network access for Ethernet networks. Port -based network access control uses the physical characteristics of a switched LAN infrastructure to authenticate devices that are attached to a switch port. The ability to send and receive frames using an Ethernet switch port is denied if the authentication process fails. Securin,- Protocols with SSH. • The ASTRO 25 system consists of many components that communicate with each other using a variety of standard protocols. Many of these protocols are not secure. This creates a serious risk to the network. There are various levels of risk associated with different protocols. The highest risk is administrative type of protocols that pass authentication parameters (i.e., passwords) in the clear. Capturing this information by sniffing the network can lead to unauthorized access to a device, which constitutes the most severe compromise of data and network security. Secure Shell (SSH) addresses this threat by providing secure alternatives for clear file transfer and r -command protocols. Specifically, the following clear protocols (non - secure protocols) are replaced. telnet, FTP, TFTP, rlogin, rsync, rcp, and rsh. The use of the targeted clear protocols, currently used in our systems, is prohibited in certain portions of the public -safety radio market. The reduction of clear protocol usage is necessary to sustain Authority to Operate (ATO) certification for U.S. federal systems and is increasingly identified as a mandatory system requirement for non-federal systems. SSH provides a secure point-to-point connection between two different machines where the connection is encrypted and both ends have been authenticated. Many elements in the ASTRO 25 system will utilize this capability for secure communications Console System Security: The MCC 7500 series dispatch console enables end-to-end encryption from the operator position to the ASTRO 25 network, so that at no point will any of the Cities' communications be undermined by unencrypted transmissions. Each dispatch operator will be able to fully participate in secure communications while being confident that sensitive, vital information will not be heard by unauthorized Exhibit B-3 Page 41 EXHIBIT `B-3" - City of Delray Beach Scope of Work individuals. Secure Access to the Console To use the dispatch console, an operator must enter a valid radio system user account name and password. The dispatch console validates that information with the radio system's network manager and allows the user to access only the resources for which the user has access rights. This also applies to third party applications that use the dispatch console's APL Secure Communications at the Console The console itself encrypts and decrypts radio voice messages. Thus, radio voice messages are encrypted end-to-end, from the field radio user to the dispatch console. The console operator can choose whether or not to encrypt their transmissions on a particular trunked resource. Console operators can interface with agencies that have different encryption configurations without any manual intervention or delay. The MCC 7500 Console can support up to 60 calls simultaneously, using up to four different algorithms and multiple encryption keys. To help reduce potential errors when managing encrypted communications, the MCC 7500 interface provides alerts when the console mode does not match that of a received call, and when a patch or multi -select group is being set up between a mix of unencrypted and secure channels. The set of alerts available on the console are in Motorola Table B-3 -1. Motorola Table B-3 - 1: Security Indications Exhibit B-3 Page 42 Receive Cross- Indicates when an inbound call's secure mode does not Mode Indication match the console's outbound mode, so that the console operator can respond in the correct mode. Unencrypted Audio Alert Provides visual and audible indication that a trunked radio transmission or reception is unencrypted. Multi -Select Cross- Indicates that different trunked resources in a multi -select Mode Alert group have different secure modes, preventing console operators from transmitting audio in both secure and non - Patch Cross -Mode Alert Indicates that different trunked resources in a patch group have different secure modes, preventing console operators from transmitting audio that is intended to be secure in an unencrypted state. Key Fail Indication Indicates that a console cannot decrypt or encrypt a call due to a problem with an encryption key. Panic Key Zeroizing Erases all encryption keys at a specific console or AIS at the push of a button. The button is recessed in a panel to reduce the chance of accidentally pressing it. KeyseVindexset Enables the dispatch operator to manually select Selection via GUI the keyset/indexset the dispatch console uses. Key Management via KVL Enables the operator to use the KVL to manage all keys for a dispatch console or archiving interface server. Key Management via Enables the operator to use a KVL and KMF to manage all keys Store and Forward for a console or archiving interface server. Exhibit B-3 Page 42 EXHIBIT `B-3" - City of Delray Beach Scope of Work 5.4.2 Network Management Terminals See Exhibit B, Section 7.4.2 as applicable to the City. Network management terminals shall be provided at the dispatch center (Site S-6). Motorola Response: Fully Compliant 5.4.3 Remote Access The Contractor shall provide a detailed description of the remote access capabilities as part of their proposed system offering and clearly depict the functionality available via remote access, the method of connectivity proposed, and the security measures provided to prevent unauthorized system access. Motorola Response: Fully Compliant Radio communication systems have evolved from simple analog systems that handled voice transmissions to interconnected networks that utilize computer-based digital IP technology to process both voice and data communications. These advancements have resulted in new security concerns that are more commonly associated with Information Systems. The interactions across networked systems can dramatically magnify the damages resulting from even simple security violations. Organizations need assurance that their communication systems can be relied upon and trusted, even in the most demanding situations. To ensure remote access service by those with proper credentials and authorization are kept secure, Motorola ASTRO 25 systems use the FortiToken service: Two Factor Authentication — Compliments the standard Central Authentication functionality in ASTRO 25 systems to authenticate the identity of a person or other entity attempting to access the system remotely via a VPN connection (from CEN, Internet or through DMZ terminal server). Two factor authentication requires the user to possess a token in addition to their Active Directory credentials. The RNI-DMZ firewall is configured with VPN users and when a user connects, the firewall authenticates the user with Active Directory. * Note: The RNI-DMZ firewall must have internet connectivity and Email/SMS server settings will need to be configured in the RNI-DMZ firewall for token provisioning. Additionally, there will be one (1) network management client computer with associated network hardware for remote access. This computer will be deployed at S-6 dispatch center for remote access capabilities of the system through the RNI or secure dial-up. 5.4.4 System Manager Access Levels See Exhibit B, Section 7.4.4 as applicable to the City. Exhibit B-3 Page 43 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Response: Fully Compliant 5.4.5 Data Base Partitioning See Exhibit B, Section 7.4.5 as applicable to the City. Motorola Response: Fully Compliant 5.4.6 Communications System Administration and Diagnostics See Exhibit B, Section 7.4.6 as applicable to the City. Motorola Response: Fully Compliant Motorola's proposal includes a Network manager, which will allow authorized System managers to: • Generate performance reports to track the status of the system. • Remotely download software updates vital to sustaining system integrity to system components. • Configure infrastructure equipment from a central point. • Configure subscribers for site access fi°om a central point. • Configure subscribers for voice/data access from a central point. 5.4.7 Communication System Failure Notification and Alerting See Exhibit B, Section 7.4.7 as applicable to the City. Motorola Response: Fully Compliant Motorola's proposal includes Email alerting which sends notifications for system alarms in the UEM to a specified email address, provided by the customer along with the IP address of their mail server. Alarms can also be forwarded to a mobile device such as a cellphone or PDA. 5.4.8 System Database Management See Exhibit B, Section 7.4.8 as applicable to the City. Motorola Response: Fully Compliant 5.4.9 System Management Report Generation See Exhibit B, Section 7.4.9 as applicable to the City. Motorola Response: Fully Compliant Standard System Historical Reports will show use of the system by (at the system level): • all the call types and their durations — details of successful / unsuccessful calls by type through the system — analyze which call types encounter the most "busies' • all users - details of user's call activity throughout the system —profile user's usage characteristics. Exhibit B-3 Page 44 EXHIBIT `B-3" - City of Delray Beach Scope of Work • busy calls — analysis of average and maximum call busy durations for different call types — analyze which call types encounter the longest delays for serve. • data channel requests and request durations together with voice call requests by all talkgroups, sorted by talkgroup ID — profile a talkgroup's usage characteristics such as call types and duration. • summarizing system performance - via a summary of all system call activity. • use of the system by data channel requests and duration—summary of data call activity. Standard Historical Reports Statistics: • Active Calls — Total active and busy duration. — Total active and busy calls. — Average call duration. — Push -To -Talks (PTTs). — Total PTTs. • Group calls: — Group and busy group calls & durations. — Maximum & average busy group call duration. — Percent of talkgroups. • Private calls: — Private and busy private calls & durations. — Maximum & average private call durations. • Phone calls: — Phone and busy phone calls & durations. — Maximum & average busy phone call durations. • Emergency Calls: — Emergency and busy emergency calls & duration. — Maximum & average busy emergency call durations. • Data Channel. — Maximum & average busy data channel request and duration. — Number of data channel requests and allocations. — Number of busy data channel requests and duration. • Voice calls: — Total active voice calls and call duration. — Total busy voice calls and call duration. — Maximum busy voice call duration. Standard Zone Historical Reports • ATIA — provides details of the ATIA to analyze packet type characteristics within a zone: — CZUpackets. — Miscellaneous packets. — MU packets. Exhibit B-3 Page 45 EXHIBIT `B-3" - City of Delray Beach Scope of Work — Packets summary. — Radio command packets. — RST packets. • Channel —profile channel usage characteristics: — Statistics at the zone level by site ID and channel ID. • User at zone. • Shared service site. • Site — analyze which call types encounter the longest delays in each site: — Busy — FDMA & X2 -TDMA. — Resource Busy. — Data detail. — Voice detail — FDMA & X2 -TDMA. — Summary. — Voice and data detail — FDMA & X2-TDM4. • Talkgroup —profile talkgroup's usage characteristics within an entire zone: — At site. — At zone — FDMA & X2 -TDMA. — Zone summary. • Zone - analysis of average and maximum call and busy durations for different call types within an entire zone: — Busy, Busy —FDMA & X2 -TDMA. — Data detail. — Voice detail — FDMA & X2 -TDMA. — Summary. — Voice and data detail. How is the Historical data stored? • Historical data is stored in time -based intervals. For each interval type, the oldest interval in storage is removed as a new interval is added to storage. The timed intervals are defined as follows: — Every 15 minutes for 100 intervals (approximately one day, zone level only). — Hourly for 241 intervals (approximately ten days, system and zone level). — Daily for 62 intervals (approximately two months, system and zone level). — Monthly for 36 months (three years, system and zone level). Optional Radio Control Manager Reports Radio Control Manager (RCM) Reports let you create and view standard reports from the following categories: Emergency Alarms Reports - Provides a historical listing of all Emergency Alarms received by the RCM in a selected period of time. The report can display all Emergency Alarms in the active or historical events queues. These reports include: • Emergency Alarms by Radio Report. • Emergency Alarms by Talkgroup Report. Exhibit B-3 Page 46 EXHIBIT `13-3" - City of Delray Beach Scope of Work • Emergency Alarms in the Deleted State Report. • Emergency Alarms in the Responded State Report. Current Login Sessions Reports - Provides information about the RCM users currently logged into the system. Radio Command Reports - Shows the commands that have been sent to radio users, such as Regroup, Inhibit, and Selector Loch These reports include: • Radio Commands by Command Report. • Radio Commands by User Report. • -Radio Commands by Radio Report. Motorola systems are designed with expandability and future migration in mind ASTRO 25 is an IP Standards Based scalable platform. This fact, in conjunction with our experience in designing and implementing solutions to specifically address your needs, makes us uniquely suited to solve your current communications needs as well as providing a foundation for your future growth. 5.4.10 Remote Terminal Units See Exhibit B, Section 7.4. 10 as applicable to the City. Motorola Response: Fully Compliant 5.4.11 Alarm Status and Priority See Exhibit B, Section 7.4.11 as applicable to the City. Motorola Response: Fully Compliant 5.4.12 Control Outputs See Exhibit B, Section 7.4.12 as applicable to the City. Motorola Response: Fully Compliant 5.5 Dispatch Center Console Requirements See Exhibit B, Section 7.5 as applicable to the City. Motorola Response: Fully Compliant 5.5.1 General See Exhibit B, Section 7.5.1 as applicable to the City. Motorola Response: Fully Compliant 5.5.2 Dispatch Center Timing/Synchronization See Exhibit B, Section 7.5.2 as applicable to the City. Motorola Response: Fully Compliant Exhibit B-3 Page 47 EXHIBIT `B-3" - City of Delray Beach Scope of Work 5.5.3 Console Auxiliary I/O Functions See Exhibit B, Section 7.5.3 as applicable to the City. Motorola Response: Fully Compliant 5.5.4 Logging Recorders The City has an Audiolog version 4.0.7 analog voice logging recorder system by Verint. The Contractor shall provide the necessary software and hardware upgrades for compatibility with the P25 system. The Contractor shall provide the required interface and licensing to integrate the City's voice logging recorder to the P25 system. Motorola Response: Fully Compliant Motorola's proposal includes an Archiving Interface Server (AIS) with Control Room Firewall to interface to the Audiolog Voice recorder and our proposal includes the Audiolog Recorder hardware and software to integrate the City's voice logging recorder to the ASTRO 25 solution. Motorola has performed due diligence by speaking to Brian DeBarry (770-827-9640) of Verint Systems, Inc. to verify they have the API license needed to interface their solution to the AIS. 5.5.5 Console Common Electronics Equipment See Exhibit B, Section 7.5.6 as applicable to the City. Motorola Response: Fully Compliant 5.5.6 Grounding and Bonding See Exhibit B, Section 7.5.7 as applicable to the City. Motorola Response: Fully Compliant 5.5.7 Power Line Surge Protection See Exhibit B, Section 7.5.8 as applicable to the City. Motorola Response: Fully Compliant 5.5.8 Dispatch Console Operator Position Requirements See Exhibit B, Section 7.5.9 as applicable to the City. Motorola Response: Fully Compliant 5.5.9 Agency Partitioning See Exhibit B, Section 7.5. 10 as applicable to the City. Motorola Response: Fully Compliant 5.5.10 Centralized Fault Management See Exhibit B, Section 7.5.11 as applicable to the City. Exhibit B-3 Page 48 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Response: Fully Compliant Failure Scenarios are provided below. Motorola Table B-3 - 2: Failure of Zone Controller A at the Zone Core Scenario: Failure of Zone Controller A at the Zone Core Result: Motorola has provided redundant Zone Controllers at the Zone Core. Failure of the active Zone Controller at the Zone Core will result in automatic switchover to the redundant Zone Controller. As the switchover process takes place, the system will temporarily enter site trunking mode for a period less than 60 seconds. Only active calls at the time of switchover will be dropped. Wide area trunking will be restored when the switchover process is complete. Any and all calls generated after automatic switchover to the redundant controller will not observe any change of service. During the transition, the dispatch operators will revert to operating on Control Stations. Protection: The Zone Controllers have redundant power supplies as a standard feature, which will help keep the controllers operational in case of a failure of that component. The redundant controller is regularly Detection: updated with all pieces of critical information so that if it needs to become the active controller, the current system configuration and operational characteristics are maintained. Protection: Redundant Zone Controllers at the Zone Core and spare boards for the Zone Controllers. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 3: Failure of Zone Controller A and B at the Zone Core Scenario: Failure of Zone Controller A and B at the Zone Core. Result. In the unlikely event that both the active and redundant Zone Controllers fail, the system will automatically switch over to Site Trunking at all AS TRO 25 Simulcast or Repeater Sites. The AS TRO 25 Trunked Simulcast or Repeater sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Trunked Simulcast Sites and/or Repeater Sites. Users within an RF cell will be able to operate in the trunking mode with their respective dispatch centers (using wireless connectivity via backup control stations). When the Zone Controllers come back online, the system will return to Wide Area Trunking. Protection: Spare boards, optional Backup Zone Core at a geographically separate location. Backup WAN links at each remote Simulcast site, AS TRO 25 Trunked Repeater Site, and dispatch sites. Detection: Alarm on Manager Terminal. Exhibit B-3 Page 49 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 4: Failure of a Zone Core Enterprise Switch Scenario: Failure of a Zone Core Ethernet Switch at the Zone Core Result. Motorola's ASTRO 25 system employs dual Zone Core Ethernet Switches at the Zone Core. All equipment critical for wide -area voice communications has connections to both switches. Failure of one Ethernet Switch on the active Zone Core will cause the LAN traffic to use the other switch. The entire system remains in the Simulcast Wide Area Trunking mode. The failure is transparent to all system users. Protection: Dual Zone Core Ethernet Switches, Spare Switch. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 5: Failure of both Zone Core Enterprise Switches Scenario: Failure of both Zone Core Enterprise Switches at the Zone Core Result. In the unlikely event that both Zone Core Enterprise Switches fail at the Zone Core, the system will automatically switch over to Site Trunking at all ASTRO 25 Simulcast and Repeater Sites. The ASTRO 25 Trunked Simulcast and Repeater sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Trunked Simulcast and/or Repeater Sites and dispatch centers. Users within an RF cell will be Protection: able to operate in the trunking mode with their respective dispatch centers (using wireless connectivity via control stations). When the Detection: Enterprise switches come back online, the system will return to Wide Area Trunking. Protection: Spare Enterprise Switch. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 6: Failure of a Zone Core Router Exhibit B-3 Page 50 RouterScenario: Failure of a Zone Core Result: The Zone Core configuration for the proposed system consists of redundant Core Routers. The Core Routers are configured so that all RF cells and dispatch centers are connected to both Core Routers. Failure of one Core Router at the active Zone Core will result in automatic switchover to the redundant Core Router. The entire system remains in Wide Area operation. The failure is transparent to all system users. Protection: Redundant Core Router, Optional spare Core Router, Redundant site links. Detection: Alarm on Manager Terminal. Exhibit B-3 Page 50 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 7: Failure of Both the Main and Redundant Core Routers Scenario: Failure of Both the Main and RedundantRouters Core Result. The Zone Core configuration for the proposed system consists of two Core Routers. The Core Routers are configured so that all RF cells and dispatch centers are connected to both Core Routers. In the unlikely event that both Core Routers fail at the Zone Core, the system will automatically switch over to Site Trunking at all ASTRO 25 Simulcast and Repeater Sites. The ASTRO 25 Trunked Simulcast and Repeater sites will continue to trunk in their respective cells and coverage Protection: areas; however, there will be no direct linking of calls between the Protection: ASTRO 25 Trunked Simulcast and/or Repeater Sites and dispatch centers. Users within an RF cell will be able to operate in the trunking Detection: mode with their respective dispatch centers (using wireless connectivity via control stations). When the Core Routers come back online, the system will return to Wide Area Trunking. Protection: Redundant Core Router, Optional spare Core Router. Redundant Site Links. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 8: Failure of the Network Management Servers Scenario: Failure of the Network Management Servers at the Zone Core Result. There are several Network Management servers on the ASTRO 25 Network LAN. The failure of any specific server on the LAN at the active Zone Core will result in loss of the management function associated with the server, while the entire system will remain in the Wide Area Trunking mode. The failure is transparent to all radio and dispatch console users. The failure will affect the Network Management system user. Protection: Multiple servers running separate applications. Synchronized servers Protection: at an optional geographically separated Zone Core. Spare components for server computers. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 9: Failure of T1 Exhibit B-3 Page 51 RadioScenario: Failure of a Microwave Result: The proposed radios are arranged in a dual T1 configuration on the transport on all links. The failure of a T1at any site on the network backbone will result in automatic switchover to the redundant router, which will allow the system to continue to function in wide -area trunking. The failure of a T1 at any link will result in automatic switchover to the redundant router. The entire system remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Protection: Ti redundant gateways. Exhibit B-3 Page 51 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 10: Failure of Single Base Station at an ASTRO 25 Simulcast or Repeater Site Scenario: Failure of a Single Base Station Result: In a trunking system, multiple channels inherently provide redundancy. The failure of one base station will be transparent to all system users. The failure of a repeater will result in the ASTRO 25 Zone Controller removing the channel from the system, resulting in some reduced channel capacity. Any calls in progress on the failed Protection: channel will be lost, and on the next push -to -talk, radio traffic will be Detection: restored. All other channels in the ASTRO 25 repeater site or Simulcast cell remain unaffected. The entire system remains in the Protection: Wide Area Trunking mode. Dispatch console operation remains Detection: unaffected. Protection: Multiple channels, multiple potential control channels, spare modules. Detection: IAlarm on Manager Terminal. Motorola Table B-3 - 11: Failure of a Single Control Channel Scenario: Failure of a Single Control Channel Result. Motorola trunking systems provide up to four possible control channels in an ASTRO 25 Simulcast or Repeater Site. If the currently active control channel fails, another channel automatically takes over and the control channel as the failed channel is automatically taken out of service. All other channels within the ASTRO 25 repeater or Protection: Simulcast cell remain unaffected. The ASTRO 25 repeater or Simulcast Detection: cell remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Protection: Multiple potential control channels Detection: Alarm on Manager Terminal. Motorola Table B-3 - 12: Failure of a Single Dispatch Operator Position Motorola Table B-3 - 13: Failure of a Dispatch Center Ethernet Switch DispatchScenario: Failure of a Single Operator Position Result: The failure of a dispatch operator position will result in that particular dispatcher moving to another operator position or reverting to the fallback control station or portable radio. All other dispatch terminals operate normally and remain unaffected. The entire system remains in the Simulcast trunking mode. Protection: Fallback control stations, multiple independent dispatch positions. Detection: Console user detection, console diagnostics. Motorola Table B-3 - 13: Failure of a Dispatch Center Ethernet Switch Exhibit B-3 Page 52 DispatchScenario: Failure of a Result. The AS TRO 25 network was designed with dual Ethernet switches that connect the operator positions to the network. Any operator positions connected to the failed switch will be taken out of service. Upon notification of the switch failure, the impacted operator positions can be moved to the functional Ethernet switch. Protection: Dual switches. Spare switches. Detection: Console user detection, console diagnostics. Exhibit B-3 Page 52 EXHIBIT `B-3" - City of Delray Beach Scope of Work Failure Indications at Supervisory Console The radio system's fault manager monitors and reports the status of all the hardware elements in the radio and console subsystems. The supervisory console at each dispatch center is provided with a fault management terminal, allowing the entire radio and console network to be fault managed from the same point the rest of the radio system is fault managed The specific hardware elements that are monitored are the dispatch consoles and any networking equipment that support the console elements. Each hardware element monitors critical internal hardware sub -elements and reports its status. Failures within a hardware element are detected and displayed on the fault management terminal. Motorola Table B-3 - 14: Failure Mode Analysis Matrix Event Causing Failu Typical Strategy to Mitigate the Network I Extraordinary Mitigation Strategy Proposed Failure of Zone Redundant Zone Motorola has provided redundant Zone Controllers Controller A at the Controllers at the Zone at the Zone Core. Failure of the active Zone Zone Core Core and spare boards for Controller at the Zone Core will result in automatic the Zone Controllers switchover to the redundant Zone Controller. As the switchover process takes place, the system will temporarily enter site trunking mode for a period less than 60 seconds. Wide area trunking will be restored when the switchover process is complete Any and all calls generated after automatic switchover to the redundant controller will not observe any change of service. During the transition, the dispatch operators will revert to operating on desktop Control Stations. The Zone Controllers have redundant power supplies as a standard feature, which will help keep the controllers operational in case of a failure of that component. The redundant controller is regularly updated with all pieces of critical information so that if it needs to become the active controller, the current system configuration and operational characteristics are maintained. Failure of Zone Spare boards, Optional In the unlikely event that both the active and Controller A and B Backup Zone Core at a redundant Zone Controllers fail, the system will at the Zone Core geographically separate automatically switch over to Site Trunking at all location, Backup WAN links ASTRO 25 RF Sites. The ASTRO 25 Trunked RF at each remote Simulcast sites will continue to trunk in their respective cells site, ASTRO 25 Trunked and coverage areas; however, there will be no direct repeater site, and dispatch linking of calls between the ASTRO 25 Simulcast sites Cell and Air ASR Repeater Site. Users within an RF cell will be able to operate in the trunking mode within their respective site's coverage. When the Zone Controllers come back online, the system will return to Wide Area Trunking. Failure of a Zone Dual Zone Core Ethernet Motorola's ASTRO 25 system employs dual Zone Core LAN Switch Switches Core Ethernet Switches at the Zone Cores. All at the Zone Core equipment critical for wide -area voice communications has connections to both switches. Failure of one Ethernet Switch on the active Zone Core will cause the LAN traffic to use the other switch. The entire system remains in the Simulcast Wide Area Trunking mode. The failure is transparent to all system users. Exhibit B-3 Page 53 EXHIBIT `B-3" - City of Delray Beach Scope of Work Event Causing Failure Typical Strategy to Mitigate the Network Failure Extraordinary Mitigation Strategy Proposed Failure of both Spare Enterprise Switch, M11 In the unlikely event that both Zone Core LAN Zone Core LAN Backup Zone Core at a Switches fail at the Zone Core, the system will Switches at the physically separate location automatically switch over to Site Trunking at all Zone Core ASTRO 25 RF Sites. The ASTRO 25 Trunked RF sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Simulcast Cell and Air ASR Repeater Site. Users within an RF cell will be able to operate in the trunking mode within their respective site's coverage. When the LAN switches come back online, the system will return to Wide Area Trunking. Failure of a Zone Redundant Core Router, The Zone Core configuration for the proposed Core Router at the Spare Core Router, system consists of redundant Core Routers. The Zone Core Redundant site links Core Routers are configured so that all RF cells and dispatch centers are connected to both Core Routers. Failure of one Core Router at the active Zone Core will result in automatic switchover to the redundant Core Router. The entire system remains in Wide Area operation. The failure is transparent to all system users. Failure of Both the Redundant Core Router, The Zone Core configuration for the proposed Main and Spare Core Router, system consists of two Core Routers. The Core Redundant Core Redundant Site Links Routers are configured so that all RF cells and Routers at the dispatch centers are connected to both Core Zone Core Routers. In the unlikely event that both Core Routers fail, the system will automatically switch over to Site Trunking at all ASTRO 25 RF Sites. The ASTRO 25 Trunked RF sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Simulcast Cell and Air ASR Repeater Site. Users within an RF cell will be able to operate in the trunking mode within their respective site's coverage. When the Zone Controllers come back online, the system will return to Wide Area Trunking. Failure of the Multiple servers running The failure of any specific server on the LAN at the Network separate applications, active Zone Core will result in loss of the Management Synchronized servers at an management function associated with the server, Server at the Zone optional geographically while the entire system will remain in the Wide Area Core separated Zone Core, Spare Trunking mode. The failure is transparent to all components for server radio and dispatch console users. The failure will computers affect the Network Management system user. Failure of a Loop microwave radio links The proposed microwave radios are hot standby for Microwave Radio or hot standby radio spur links and non -hot standby for loop links. The configuration failure of a microwave radio at any site on the network backbone will result in automatic switchover to the hot-standby/redundant radio for spur links and reversal of loop direction for loop radio links. The entire system remains in the wide - area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Failure of a Loop -path configuration, The failure of a microwave path between any site on Microwave Path Redundant Ethernet links the backbone loop will cause the loop traffic to reroute around the break and the system will remain Exhibit B-3 Page 54 EXHIBIT `B-3" - City of Delray Beach Scope of Work Event Causing Failure Typical Strategy to Mitigate the Network Failure Extraordinary Mitigation Strategy Proposed in Wide Area Trunking. The failure of a microwave path between any spur site will result in loss of dispatch connectivity for the site separated by the break on the spur. The system will remain in Wide Area Trunking and the affected dispatch center(s) will switch to control stations for dispatch operations. Motorola has also proposed redundant site routers. Failure of a single Multiple channels, multiple In a trunking system, multiple channels inherently Base Station potential control channels, provide redundancy. The failure of one base station spare modules will be transparent to all system users. The failure of a repeater will result in the ASTRO 25 Zone Controller removing the channel from the system, resulting in some reduced channel capacity. Any calls in progress on the failed channel will be lost, and on the next push -to -talk, radio traffic will be restored. All other channels in the ASTRO 25 repeater cell remain unaffected. The entire system remains in the Wide Area Trunking mode. Dispatch console operation remains unaffected. Failure of a Single Multiple potential control Motorola trunking systems provide up to four Control Channel channels possible control channels in an ASTRO 25 RF Site. If the currently active control channel fails, another channel automatically takes over and the control channel as the failed channel is automatically taken out of service. All other channels within the ASTRO 25 RF cell remain unaffected. The ASTRO 25 RF cell remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Failure of a Single Fallback control stations, The failure of a dispatch operator position will result Dispatch Operator multiple independent in that particular dispatcher moving to another Position dispatch positions operator position or reverting to a fallback control station or portable radio. All other dispatch terminals operate normally and remain unaffected. The entire system remains in the trunking mode. 5.5.11 Diagnostics See Exhibit B, Section 7.5.12 as applicable to the City. Motorola Response: Fully Compliant 5.5.12 End -to -End Encryption See Exhibit B, Section 7.5.13 as applicable to the City. Motorola Response: Fully Compliant 5.5.13 Fallback Dispatch Operation See Exhibit B, Section 7.5.14 as applicable to the City. Motorola Response: Fully Compliant Exhibit B-3 Page 55 EXHIBIT `B-3" - City of Delray Beach Scope of Work 5.5.14 Patching Capability See Exhibit B, Section 7.5.15 as applicable to the City. Motorola Response: Fully Compliant 5.5.15 Channel Control Requirements See Exhibit B, Section 7.5.16 as applicable to the City. Motorola Response: Fully Compliant 5.5.16 Common Dispatch Console Functions See Exhibit B, Section 7.5.17 as applicable to the City. Motorola Response: Fully Compliant 5.6 Trunked System Functional Requirements See Exhibit B, Section 7.6 as applicable to the City. Motorola Response: Fully Compliant 5.7 System Reliability, Redundancy, and Backup Requirements See Exhibit B, Section 7.7 as applicable to the City. Motorola Response: Fully Compliant Motorola Table B-3 - 15: Failure of Zone Controller A at the Zone Core Scenario: Failure of Zone Controller A at the Zone Core Result. Motorola has provided redundant Zone Controllers at the Zone Core. Failure of the active Zone Controller at the Zone Core will result in automatic switchover to the redundant Zone Controller. As the switchover process takes place, the system will temporarily enter site trunking mode for a period less than 60 seconds. Only active calls at the time of switchover will be dropped. Wide area trunking will be restored when the switchover process is complete. Any and all calls generated after automatic switchover to the redundant controller will not observe any change of service. During the transition, the dispatch operators will revert to operating on Control Stations. The Zone Controllers have redundant power supplies as a standard feature, which will help keep the controllers operational in case of a failure of that component. The redundant controller is regularly updated with all pieces of critical information so that if it needs to become the active controller, the current system configuration and operational characteristics are maintained. Protection: Redundant Zone Controllers at the Zone Core and spare boards for the Zone Controllers. Detection: Alarm on Manager Terminal. Exhibit B-3 Page 56 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 16: Failure of Zone Controller A and B at the Zone Core Scenario: Failure of Zone Controller A and B at the Zone Core. Result. In the unlikely event that both the active and redundant Zone Controllers fail, the system will automatically switch over to Site Trunking at all ASTRO 25 Simulcast or Repeater Sites. The ASTRO 25 Trunked Simulcast or Repeater sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Trunked Simulcast Sites and/or Protection: Repeater Sites. Users within an RF cell will be able to operate in the Detection: trunking mode with their respective dispatch centers (using wireless connectivity via backup control stations). When the Zone Controllers come back online, the system will return to Wide Area Trunking. Protection: Spare boards, optional Backup Zone Core at a geographically separate Protection: location. Backup WAN links at each remote Simulcast site, ASTRO 25 Detection: Trunked Repeater Site, and dispatch sites. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 17: Failure of a Zone Core Enterprise Switch Scenario: Failure of a Zone Core Ethernet Switch at the Zone Core Result: Motorola's ASTRO 25 system employs dual Zone Core Ethernet Switches at the Zone Core. All equipment critical for wide -area voice communications has connections to both switches. Failure of one Ethernet Switch on the active Zone Core will cause the LAN traffic to use the other switch. The entire system remains in the Simulcast Wide Area Trunking mode. The failure is transparent to all system users. Protection: Dual Zone Core Ethernet Switches, Spare Switch. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 18: Failure of both Zone Core Enterprise Switches Scenario: Failure of both Zone Core Enterprise Switches at the Zone Core Result: In the unlikely event that both Zone Core Enterprise Switches fail at the Zone Core, the system will automatically switch over to Site Trunking at all ASTRO 25 Simulcast and Repeater Sites. The ASTRO 25 Trunked Simulcast and Repeater sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Trunked Simulcast and/or Repeater Sites and dispatch centers. Users within an RF cell will be able to operate in the trunking mode with their respective dispatch centers (using wireless connectivity via control stations). When the Enterprise switches come back online, the system will return to Wide Area Trunking. Protection: Spare Enterprise Switch. Detection: Alarm on Manager Terminal. Exhibit B-3 Page 57 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 19: Failure of a Zone Core Router Motorola Table B-3 - 20: Failure of Both the Main and Redundant Core Routers Scenario: RouterScenario: Failure of a Zone Core Result. The Zone Core configuration for the proposed system consists of redundant Core Routers. The Core Routers are configured so that all RF cells and dispatch centers are connected to both Core Routers. Failure of one Core Router at the active Zone Core will result in automatic switchover to the redundant Core Router. The entire system remains in Wide Area operation. The failure is transparent to all system users. Protection: Redundant Core Router, Optional spare Core Router, Redundant site links. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 20: Failure of Both the Main and Redundant Core Routers Scenario: Failure of Both the Main and RedundantRouters Core Result. The Zone Core configuration for the proposed system consists of two Core Routers. The Core Routers are configured so that all RF cells and dispatch centers are connected to both Core Routers. In the unlikely event that both Core Routers fail at the Zone Core, the system will automatically switch over to Site Trunking at all ASTRO 25 Simulcast and Repeater Sites. The ASTRO 25 Trunked Simulcast and Repeater sites will continue to trunk in their respective cells and coverage Protection: areas; however, there will be no direct linking of calls between the ASTRO 25 Trunked Simulcast and/or Repeater Sites and dispatch centers. Users within an RF cell will be able to operate in the trunking Detection: mode with their respective dispatch centers (using wireless connectivity via control stations). When the Core Routers come back online, the system will return to Wide Area Trunking. Protection: Redundant Core Router, Optional spare Core Router. Redundant Site Links. Detection: Alarm on Manager Terminal. Motorola Table B-3 - 21: Failure of the Network Management Servers Scenario: Failure of the Network Management Servers at the Zone Core Result: There are several Network Management servers on the ASTRO 25 Network LAN. The failure of any specific server on the LAN at the active Zone Core will result in loss of the management function associated with the server, while the entire system will remain in the Wide Area Trunking mode. The failure is transparent to all radio and dispatch console users. The failure will affect the Network Management system user. Protection: Multiple servers running separate applications. Synchronized servers at an optional geographically separated Zone Core. Spare components for server computers. Detection: I Alarm on Manager Terminal. Exhibit B-3 Page 58 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 22: Failure of T1 Motorola Table B-3 - 23: Failure of Single Base Station at an ASTRO 25 Simulcast or Repeater Site Scenario: RadioScenario: I Failure of a Microwave 19 Result. The proposed radios are arranged in a dual T1 configuration on the transport on all links. The failure of a T1at any site on the network backbone will result in automatic switchover to the redundant router, which will allow the system to continue to function in wide -area trunking. The failure of a T1 at any link will result in automatic switchover to the redundant router. The entire system remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Protection: Ti redundant gateways. Motorola Table B-3 - 23: Failure of Single Base Station at an ASTRO 25 Simulcast or Repeater Site Scenario: Failure of a Single Base Station Result: In a trunking system, multiple channels inherently provide redundancy. The failure of one base station will be transparent to all system users. The failure of a repeater will result in the ASTRO 25 Zone Controller removing the channel from the system, resulting in some reduced channel capacity. Any calls in progress on the failed channel will be lost, and on the next push -to -talk, radio traffic will be restored. All other channels in the ASTRO 25 repeater site or Simulcast cell remain unaffected. The entire system remains in the Protection: Wide Area Trunking mode. Dispatch console operation remains Detection: unaffected. Protection: Multiple channels, multiple potential control channels, spare modules Detection: Alarm on Manager Terminal. Motorola Table B-3 - 24: Failure of a Single Control Channel Scenario: Failure of a Single Control Channel Result. Motorola trunking systems provide up to four possible control channels in an ASTRO 25 Simulcast or Repeater Site. If the currently active control channel fails, another channel automatically takes over and the control channel as the failed channel is automatically taken out of service. All other channels within the ASTRO 25 repeater or Simulcast cell remain unaffected. The ASTRO 25 repeater or Simulcast cell remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Protection: Multiple potential control channels Detection: Alarm on Manager Terminal. Exhibit B-3 Page 59 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 25: Failure of a Single Dispatch Operator Position Motorola Table B-3 - 26: Failure of a Dispatch Center Ethernet Switch DispatchScenario: Failure of a Single Operator Position Result: The failure of a dispatch operator position will result in that particular dispatcher moving to another operator position or reverting to the fallback control station or portable radio. All other dispatch terminals operate normally and remain unaffected. The entire system remains in the Simulcast trunking mode. Protection: Fallback control stations, multiple independent dispatch positions. Detection: Console user detection, console diagnostics. Motorola Table B-3 - 26: Failure of a Dispatch Center Ethernet Switch Failure Indications at Supervisory Console The radio system's fault manager monitors and reports the status of all the hardware elements in the radio and console subsystems. The supervisory console at each dispatch center is provided with a fault management terminal, allowing the entire radio and console network to be fault managed from the same point the rest of the radio system is fault managed The specific hardware elements that are monitored are the dispatch consoles and any networking equipment that support the console elements. Each hardware element monitors critical internal hardware sub -elements and reports its status. Failures within a hardware element are detected and displayed on the fault management terminal. Exhibit B-3 Page 60 DispatchScenario: Failure of a Result: The ASTRO 25 network was designed with dual Ethernet switches that connect the operator positions to the network. Any operator positions connected to the failed switch will be taken out of service. Upon notification of the switch failure, the impacted operator positions can be moved to the functional Ethernet switch. Protection: Dual switches. Spare switches. Detection: Console user detection, console diagnostics. Failure Indications at Supervisory Console The radio system's fault manager monitors and reports the status of all the hardware elements in the radio and console subsystems. The supervisory console at each dispatch center is provided with a fault management terminal, allowing the entire radio and console network to be fault managed from the same point the rest of the radio system is fault managed The specific hardware elements that are monitored are the dispatch consoles and any networking equipment that support the console elements. Each hardware element monitors critical internal hardware sub -elements and reports its status. Failures within a hardware element are detected and displayed on the fault management terminal. Exhibit B-3 Page 60 EXHIBIT `B-3" - City of Delray Beach Scope of Work Motorola Table B-3 - 27: Failure Mode Analysis Matrix Event Causing Failui Typical Strategy to Mitigate the Network Failure Extraordinary Mitigation Strategy Proposed Failure of Zone Redundant Zone Controllers at Motorola has provided redundant Zone Controllers Controller A at the Zone Core and spare at the Zone Core. Failure of the active Zone the Zone Core boards for the Zone Controller at the Zone Core will result in automatic Controllers switchover to the redundant Zone Controller. As the switchover process takes place, the system will temporarily enter site trunking mode for a period less than 60 seconds. Wide area trunking will be restored when the switchover process is complete Any and all calls generated after automatic switchover to the redundant controller will not observe any change of service. During the transition, the dispatch operators will revert to operating on desktop Control Stations. The Zone Controllers have redundant power supplies as a standard feature, which will help keep the controllers operational in case of a failure of that component. The redundant controller is regularly updated with all pieces of critical information so that if it needs to become the active controller, the current system configuration and operational characteristics are maintained. ailure of Zone Spare boards, Optional In the unlikely event that both the active and Controller A and Backup Zone Core at a redundant Zone Controllers fail, the system will B at the Zone geographically separate automatically switch over to Site Trunking at all Core location, Backup WAN links at ASTRO 25 RF Sites. The ASTRO 25 Trunked RF each remote Simulcast site, sites will continue to trunk in their respective cells ASTRO 25 Trunked repeater and coverage areas; however, there will be no direct site, and dispatch sites linking of calls between the ASTRO 25 Simulcast Cell and Air ASR Repeater Site. Users within an RF cell will be able to operate in the trunking mode within their respective site's coverage. When the Zone Controllers come back online, the system will return to Wide Area Trunking. Failure of a Zone Dual Zone Core Ethernet Motorola's ASTRO 25 system employs dual Zone Core LAN Switch Switches Core Ethernet Switches at the Zone Cores. All at the Zone Core equipment critical for wide -area voice communications has connections to both switches. Failure of one Ethernet Switch on the active Zone Core will cause the LAN traffic to use the other switch. The entire system remains in the Simulcast Wide Area Trunking mode. The failure is transparent to all system users. Failure of both Spare Enterprise Switch, In the unlikely event that both Zone Core LAN Zone Core LAN Backup Zone Core at a Switches fail at the Zone Core, the system will Switches at the physically separate location automatically switch over to Site Trunking at all Zone Core ASTRO 25 RF Sites. The ASTRO 25 Trunked RF sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Simulcast Cell and Air ASR Repeater Site. Users within an RF cell will be able to operate in the trunking mode within their respective site's coverage. When the LAN switches come back online, the system will return to Wide Area Trunking. Exhibit B-3 Page 61 EXHIBIT `B-3" - City of Delray Beach Scope of Work Event Causing Failui Typical Strategy to Mitigate the Network Failure Extraordinary Mitigation Strategy Proposed Failure of a Zone Redundant Core Router, Spare The Zone Core configuration for the proposed Core Router at Core Router, Redundant site system consists of redundant Core Routers. The the Zone Core links Core Routers are configured so that all RF cells and dispatch centers are connected to both Core Routers. Failure of one Core Router at the active Zone Core will result in automatic switchover to the redundant Core Router. The entire system remains in Wide Area operation. The failure is transparent to all system users. Failure of Both Redundant Core Router, Spare The Zone Core configuration for the proposed the Main and Core Router, Redundant Site system consists of two Core Routers. The Core Redundant Core Links Routers are configured so that all RF cells and Routers at the dispatch centers are connected to both Core Zone Core Routers. In the unlikely event that both Core Routers fail, the system will automatically switch over to Site Trunking at all ASTRO 25 RF Sites. The ASTRO 25 Trunked RF sites will continue to trunk in their respective cells and coverage areas; however, there will be no direct linking of calls between the ASTRO 25 Simulcast Cell and Air ASR Repeater Site. Users within an RF cell will be able to operate in the trunking mode within their respective site's coverage. When the Zone Controllers come back online, the system will return to Wide Area Trunking. Failure of the Multiple servers running The failure of any specific server on the LAN at the Network separate applications, active Zone Core will result in loss of the Management Synchronized servers at an management function associated with the server, Server at the optional geographically while the entire system will remain in the Wide Area Zone Core separated Zone Core, Spare Trunking mode. The failure is transparent to all components for server radio and dispatch console users. The failure will computers affect the Network Management system user. Failure of a Loop microwave radio links or The proposed microwave radios are hot standby for Microwave Radio hot standby radio spur links and non -hot standby for loop links. The configuration failure of a microwave radio at any site on the network backbone will result in automatic switchover to the hot-standby/redundant radio for spur links and reversal of loop direction for loop radio links. The entire system remains in the wide - area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Failure of a Loop -path configuration, The failure of a microwave path between any site on Microwave Path Redundant Ethernet links the backbone loop will cause the loop traffic to reroute around the break and the system will remain in Wide Area Trunking. The failure of a microwave path between any spur site will result in loss of dispatch connectivity for the site separated by the break on the spur. The system will remain in Wide Area Trunking and the affected dispatch center(s) will switch to control stations for dispatch operations. Motorola has also proposed redundant site routers. Exhibit B-3 Page 62 EXHIBIT `B-3" - City of Delray Beach Scope of Work Event Causing Failui Typical Strategy to Mitigate the Network Failure Extraordinary Mitigation Strategy Proposed Failure of a single Multiple channels, multiple In a trunking system, multiple channels inherently Base Station potential control channels, provide redundancy. The failure of one base station spare modules will be transparent to all system users. The failure of a repeater will result in the ASTRO 25 Zone Controller removing the channel from the system, resulting in some reduced channel capacity. Any calls in progress on the failed channel will be lost, and on the next push -to -talk, radio traffic will be restored. All other channels in the ASTRO 25 repeater cell remain unaffected. The entire system remains in the Wide Area Trunking mode. Dispatch console operation remains unaffected. Failure of a Single Multiple potential control Motorola trunking systems provide up to four Control Channel channels possible control channels in an ASTRO 25 RF Site. If the currently active control channel fails, another channel automatically takes over and the control channel as the failed channel is automatically taken out of service. All other channels within the ASTRO 25 RF cell remain unaffected. The ASTRO 25 RF cell remains in the wide -area trunking mode. The failure is transparent to all system users. Dispatch console operation remains unaffected. Failure of a Single Fallback control stations, The failure of a dispatch operator position will result Dispatch multiple independent dispatch in that particular dispatcher moving to another Operator Position positions operator position or reverting to a fallback control station or portable radio. All other dispatch terminals operate normally and remain unaffected. The entire system remains in the trunking mode. Exhibit B-3 Page 63 EXHIBIT `B-3" - City of Delray Beach Scope of Work 6. INSTALLATION REQUIREMENTS The installation requirements for the City shall follow the County's installation requirements as detailed in Exhibit B, Section 9, Installation Requirements. Motorola Response: Fully Compliant Exhibit B-3 Page 65 EXHIBIT `B-3" - City of Delray Beach Scope of Work 7. PERFORMANCE VERIFICATION AND ACCEPTANCE The performance verification and acceptance requirements for the City shall follow the County's performance verification and acceptance requirements as detailed in Exhibit B, Section 10, Performance Verification and Acceptance. Motorola Response: Fully Compliant 7.1 Factory Staging and Acceptance Tests See Exhibit B, Section 10.2 as applicable to the City. The City system shall be staged and tested with the County system. Motorola Response: Fully Compliant Motorola has provided a Factory Acceptance Test Plan in Tab 2.2 of this proposal. 7.2 System Acceptance Test Plan See Exhibit B, Section 10.3 as applicable to the City. A full SATP shall be performed for the City system. A test that passed on the County system will not automatically be deemed to pass on the City system. Motorola Response: Fully Compliant Motorola has provided a sample System Acceptance Test Plan in Tab 2.2 of this proposal. 7.3 Tower and Facilities Mechanical Inspection and Tests 7.3.1 General See Exhibit B, Section 10.4.1 as applicable to the City. Motorola Response: Fully Compliant 7.3.2 Communication Site Tests See Exhibit B, Section 10.4.2 as applicable to the City. Motorola Response: Fully Compliant 7.3.3 Earth Ground System Test See Exhibit B, Section 10.4.3 as applicable to the City. Motorola Response: Fully Compliant 7.3.4 UPS Systems See Exhibit B, Section 10.4.5 as applicable to the City. Motorola Response: Fully Compliant Exhibit B-3 Page 67 EXHIBIT `B-3" - City of Delray Beach Scope of Work 7.4 Equipment Specification Testing and Line Sweeps See Exhibit B, Section 10.5 as applicable to the City. Motorola Response: Fully Compliant 7.5 Radio Coverage Acceptance Testing 7.5.1 General See Exhibit B, Section 10.6.1 as applicable to the City. Motorola Response: Fully Compliant 7.5.2 CATP Requirements See Exhibit B, Section 10.6.2 as applicable to the City. All tests shall be performed in P25 Phase I mode and utilizing Motorola model XTL and XTS radios. The coverage performance tests shall be performed in all areas of City's jurisdictional boundary as shown in Figure 1. Motorola Response: Fully Compliant COVERAGE METHODOLOGY AND COVERAGE PREDICTION METHOD Hydras"' Overview Hydra is an innovative software tool developed by Motorola Solutions ("Motorola') to accurately predict coverage, model traffic (voice and data), analyze interference, plan channel re -use, and perform other design tasks for our diverse portfolio of radio networks. This description concentrates on Hydra coverage planning aspects. Our solution presents typical Hydra coverage analysis for the City of Delray Beach. Hydra Development Motorola's Hydra coverage prediction tool was developed to provide accurate coverage simulations by applying proven models to detailed system and environmental data across large geographical areas. To create an accurate picture of the predicted radio coverage, many elements must be considered. Some of these elements, called system factors, are related to the system design parameters. System factors affecting coverage performance include frequency, distance, transmitter power, receiver sensitivity, antenna height, and antenna gain. Other factors, called environmental factors, vary according to the path taken by the radio signal and the environment surrounding the receiver. Environmental factors include terrain variations, obstructions, vegetation, buildings, ambient noise, and interference. All coverage prediction methods try to account for both types of factors and incorporate them into a computational model. In general, the currently accepted models, such as Okumura, Longley -Rice, and TIA provide excellent portrayals of radio coverage when used within their respective ranges of applicability. Exhibit B-3 Page 68 EXHIBIT `B-3" - City of Delray Beach Scope of Work In the past, this level of analysis was adequate for the type of basic systems that were available. However, today's complex technologies, such as digital voice radios, packet data systems, or simulcast, require a much more in-depth analysis of the expected coverage performance to create a cost-effective design. This makes it necessary to select the appropriate coverage model, provide accurate representation of the environmental factors throughout the service area, and apply the coverage analysis method to every location within the service area. Recognizing these facts, Motorola has developed Hydra, a multi-purpose network design tool that includes a coverage analysis program. Taking advantage of the knowledge gained from Motorola's many years of practical experience and coverage testing, Hydra provides a superior means for analyzing system coverage. This program, unique to Motorola, employs a technique of computing coverage on every tile in a service area rather than along a finite number of radials. Hydra computes "layers" of these tiles, with each layer containing the values of propagation model losses, coverage simulation results, or datasets. Layers can be displayed separately or in any combination as maps of the service area. HYDRA DETAILED DESCRIPTION Inputs and Outputs Inputs to Hydra simulations include system architecture, equipment characteristics, service area boundaries, areas of various building losses, subscriber unit distribution density for traffic analysis, etc. Hydra coverage map outputs are created and displayed using ESRI's shapefrles, an industry -standard GIS file format. Shapefrles from many sources (GIS vendors, the Internet, your own GIS department, etc.) can be loaded, displayed, and used in Hydra to enhance mapping, and to define service area polygons. Hydra coverage analyses can be limited to specified service area polygons (e.g., a county, a city, or a dispatch territory), so coverage reliability can be analyzed exclusively within the boundaries of your operating area. In addition to showing coverage reliability, Hydra maps can display terrain, land cover, roads and boundaries, signal strength and field strength, interference predictions, etc. Hydra provides closed-loop integration between predicting coverage and verifying coverage using Motorola's Voyagers` coverage acceptance testing tool. Field survey measurements—signal strength, Bit Error Rate (BER), and Message Success for data—can be loaded into Hydra for analysis, display, and printing. Tile Method Hydra uniformly divides the entire geographical area to be analyzed into small, distinct areas called tiles. The resolution (size) of the tiles can be as fine as one arc -second (approximately I00 feet at U.S. latitudes). At each tile, Hydra models propagation from each site in the system. The tile method is of particular importance in the calculation of simulcast coverage and interference analysis. Radial methods determine performance only at the locations where Exhibit B-3 Page 69 EXHIBIT `B-3" - City of Delray Beach Scope of Work radials from all sites cross, leaving many areas where coverage performance is not calculated With the tile method, the information from every site and all datasets is available in every tile; this provides the most accurate results for multi -site analyses (simulcast, voting, interference, best server, etc.). Datasets For propagation prediction, Hydra uses two types of geophysical datasets: • Hypsographic (terrain elevations) to determine shadow loss and elevation. • Morphological (land use) for environmental clutter loss. With the proper datasets, Hydra produces accurate results. Because propagation prediction accuracy is directly dependent on the quality of the digitized datasets, Motorola uses high-quality datasets for its analyses. These datasets generally originate from official government agencies such as the U.S. Geological Survey in the United States, and equivalent governmental organizations worldwide. When datasets are not available from these sources, Motorola can work with commercial GIS vendors to produce Hydra -compatible datasets. Even the best datasets contain a certain amount of errors, caused by a number of factors that are difficult to completely overcome due to the massive amount of data involved Some examples follow: Source information — Older hypsographic and morphologic datasets were derived from existing map information, so any errors in the existing maps were carried over to the datasets. Newer datasets such as the U.S. National Land Cover Dataset (NLCD) are derived from satellite imagery, and are affected by digitization error. Dataset development process — Potential error sources include limitations in the digitizing algorithms, computer hardware problems, and judgment calls by the dataset developer. Dataset currency — Since the physical world is constantly changing, datasets can never be completely up-to-date. Over time, forests and shrub land are turned into farmland, hills are leveled, roads are built, communities are developed, and large buildings are constructed Natural phenomena such as earthquakes, volcanoes, fires, storms, etc., change both the topography and environmental factors. Hydra, like all terrain -based propagation tools, provides coverage predictions that are only as accurate as the available datasets permit. In the U.S., Motorola uses high- quality terrain and land cover data derived from USGS 30 -meter DEM and NLCD sources. Other datasets which Hydra can use include the following: • Planimetric (mapping) —Roads, water features, political boundaries, feature names, etc. • U.S. radio site locations — Coordinates of existing radio sites, including FCC wireless licenses, FCC antenna site registry, and some commercial site providers. Exhibit B-3 Page 70 EXHIBIT `B-3" - City of Delray Beach Scope of Work • U.S. frequencies — Potentially available channels in geographic areas, per FCC wireless licenses. Propagation Model For each tile, Hydra predicts signal strength using an improved algorithm based on the industry -accepted Okumura model.I Coverage Reliability Hydra coverage maps indicate the probability (usually referred to as reliability) of the radio system providing a minimum acceptable criterion, such as a voice Delivered Audio Quality (DA Q) or a data Message Success Rate (MSR). Since system coverage can never be 100% reliable, there will always be particular times and locations where the signal strength or Bit Error Rate (BER) does not meet that needed to reach the performance criterion. These locations of unsatisfactory performance are often predictable in a coverage study. However, there are also areas of unsatisfactory coverage that cannot be predicted due to unknown circumstances such as unusual structures, tree density, ambient noise, atmospheric conditions, dataset errors, and interference from co -channel or adjacent channel units operating outside their normal service area. Because these conditions exist and signals fade due to these environmental and terrain factors, coverage must be described statistically in terms of a percentage of locations that exhibit the minimum acceptable criterion. Hydra predicts Area reliability, defined as the probability of achieving a specified performance criterion within a geographical area of interest. The area of interest is either the Covered Area (the painted area on a Hydra coverage map), or the entire Service Area. To provide radio systems with acceptably few communications failures throughout the Covered Area, Motorola designs coverage at high Area reliabilities. The performance criterion is usually DAQ for voice, or MSR for data. It is also important to note that locations outside of a Hydra map coverage area may still provide useable communications, even though such locations do not achieve the minimum acceptable performance. Hydra Capabilities Hydra provides detailed performance simulation of the following Motorola wireless network architectures: • Voice coverage and traffic (Analog FM, ASTRO® SECURENEI , etc.). • ASTRO 25 Integrated Voice & Data (IV&D) coverage and traffic. • Dimetra® coverage and voice traffic. • High Performance Data (HPD). • Long Term Evolution (LTE) data coverage. 'Okumura, Yoshihisa et al, "Field Strength and Its Variability in VHF and UHF Land -Mobile Radio Service", Review of the Electrical Communication Laboratory, 16(9-10), Sept -Oct 1968, pp 825-873. Exhibit B-3 Page 71 EXHIBIT `B-3" - City of Delray Beach Scope of Work If co -channel and/or adjacent -channel sites are known to exist, Hydra can model both Interfered and non -Interfered coverage. Hydra Frequency Re -Use Planning analysis takes into account both co -channel and adjacent channel frequencies. Voice Systems Hydra coverage models use proven Okumura -based prediction methods and Monte Carlo simulation techniques to provide coverage reliability maps. Voice coverage models (Voice, Dimetra, ASTRO 25) provide system -wide coverage maps, as well as subsystem maps (when applicable, e.g., for simulcast cells and receiver voting), and individual site maps. Simulcast Coverage Performance For a simulcast system, merely providing coverage maps of individual sites (separately or on the same map) does not accurately represent the total system performance, which depends upon differential delays and aggregate signal levels. Therefore, Motorola has developed the Hydra simulcast model which uses the delay spread methodology to simulate aggregate signal strength and audio phase angle (delay) throughout the entire predicted coverage area. All locations within the predicted coverage area are analyzed for the combined effect of signal strengths and differential delays from the simulcast transmitters in the system. Hydra simulcast coverage maps will show any areas predicted to have coverage problems caused by out-of-phase signals and/or inadequate signal strengths. Hydra allows modeling with varied transmitter launch delays to predict optimized simulcast coverage within the area being evaluated. Data Systems (ASTRO 25 IV&D, HPD, and LTE) Wireless data network performance is highly dependent on RF coverage reliability, network protocol, and network traffic load. Hydra accurately predicts the coverage and traffic performance of Motorola data systems by modeling the automatic protocol retry mechanisms of data protocols. Hydra integrates RF coverage prediction, network protocol modeling, and traffic engineering into a single simulation, and utilizes Monte Carlo simulations as well as discrete event simulation techniques to provide a tool that accurately predicts wireless network system performance. Hydra uses the Okumura model for terrain -based propagation prediction, and adds the modeling of the protocol behavior (try -based coverage) via a detailed protocol simulation. Hydra models the relevant layers of the OSI protocol stack, from the physical layer of the air interface to the application layer of the host and subscriber entities. Using this modeling approach, Hydra can account for all the elements that impede network performance, from packet loss on the wireless link due to co -channel interference, to packet latencies in the fixed end equipment introduced by protocol behavior. Hydra's modeling architecture allows true end-to-end system modeling. Exhibit B-3 Page 72 EXHIBIT `B-3" - City of Delray Beach Scope of Work Data Coverage Hydra's data coverage model, through multiple iterations, displays the area that meets the MSR performance criterion requested by the user. The system -wide maps show the composite coverage from multiple sites, at the specified area reliability criterion and for the specified number ofprotocol tries. Data Traffic Hydra integrates coverage prediction into the traffic simulation, so the terrain and subscriber distribution effects on packet collisions and interference are modeled in the simulation. Traffic simulation results provide performance statistics for the RF station, radio channel, controller, and application(s). Hydra allows predicting the performance of the actual network topology as designed by the engineer. Summary Hydra is continually updated for the latest technologies by Motorola's Resource Development Engineering team, to create the most accurate and up-to-date coverage and traffic prediction tool. It is used extensively in the design and testing phases of Motorola's radio networks. Hydra provides accurate, easy -to -read maps of the predicted coverage for your radio system. Coverage Parameters The Table below (Motorola Table B-3 - 28) details the coverage parameters that were used to generate the coverage map predictions. This table provides all of the parameters required by the RFP. Exhibit B-3 Page 73 Til I q111111 c O O -a N N Cl) N z LU z F J a ZWn maw, OWN �'3O aM •L Lu S aa. a. F � O o 0 Z J 2 W ~ F z 0 Q s Z W zLU 0 Iloilo 7 Z w ZLU 2 z Z Q z m � N � C d W m O W F Q z _ z LU z = =:'� M _ _ _ Zlow W z ~~ Q = lollZ, Milli a N W Q AL z >> loll 7 W Oa' w 0 �L W O Q N = ` N U � O 0 J O O U C _ - F W Q z � t C F Cl) N c O •L 7 C O U Milli a N C � t C w � Q 2 N W y .4 CO 7 X00 D LL ami _T LLL > a=. v, y Cl) IL W Q W a O a 1111 LL W.a Ed T H L V! 7 CO EXHIBIT `B-3" - City of Delray Beach Scope of Work System Parameters PARAMETER VALUE Propagation Model Okumura Reliability 97% Area Outside / 95% Area Building Loss Mode of Operation AS TRO IMBE Linear Simulcast/ASTRO H -CPM** In Building Scenarios City boundary 20 dB loss Scenario Simulcast (Talk Out) or Voting (Talk In) Repeater Parameters PARAMETER VALUE Model GTR8000 RF Power 100 W TX ERP Varies Per Site (see table 1) Effective Faded Receiver Sensitivity Varies Per Site (see table 1)* Portable Parameters - RSM Antenna PARAMETER VALUE Model APX6000 RF Power 3 W TX ERP 26.2 dBm Effective Faded Receiver Sensitivity -100.0 dBm* (FDMA) Effective Faded Receiver Sensitivity -101.0 dBm* (TDMA) Antenna Type Remote Speaker Microphone Tx Antenna Height 3.0' Tx Antenna Placement hip Rx Antenna Height 3.0' Rx Antenna Placement hip * Effective receiver sensitivity in faded environment including antenna losses/gains. Coverage Acceptance Test Plan (ATP) Overview This Coverage Acceptance Test Plan is designed to verify that the voice radio system implemented by Motorola Solutions ("Motorola') meets or exceeds the required coverage reliability within the City ofDelray Beach ("City") service areas as defined by the RFP. The CA TP defines the coverage testing method and procedure, the coverage acceptance criterion, the test documentation, and the responsibilities of both Motorola and the City. Coverage acceptance testing is based upon a coverage prediction that accurately represents the implemented infrastructure and parameters that are consistent with the contract agreements. If the implemented system varies from the design parameters, then a revised coverage map will be prepared. New test maps will reflect the measured losses and gains associated with the implemented infrastructure and subscribers. These Exhibit B-3 Page 75 EXHIBIT `B-3" - City of Delray Beach Scope of Work will be used to define the test configuration and potential areas from which test locations may be included in the evaluation process. To verify that the radio coverage reliability is met as presented, the indicated coverage area within City of Delray Beach will be divided into approximately 161 sized test tiles at minimum for Portable In -Street. These test tiles are 15 by 18 arc -seconds. To verify that the radio coverage reliability is met as presented, the indicated coverage area within City of Delray Beach will be divided into approximately 1358 equally sized test tiles at minimum for Portable in 20 db Building. These test tiles are 6 arc -seconds. Motorola Table B-3 - 30: Predicted system coverage shows the predicted service area reliabilities as required by the RFP. Motorola Table B-3 - 30: Predicted system coverage The following text provides a detailed description of the CA TP. CA TP DEFINITIONS Several definitions are needed to accurately describe the coverage test method Coverage Area The coverage area is the geographical region in which communications will be provided that meets or exceeds the specified Channel Performance Criterion (CPC) at the specified reliability for the specified equipment configurations. These coverage areas are the jurisdictional boundaries of City of Delray Beach and the area defined by the RFP. Channel Performance Criterion The CPC is the specified minimum design performance level in a faded channel. For this system, the CPC is a Delivered Audio Quality (DA Q) of DAQ-3.4 for portables. DA definitions are provided in Motorola Table B-3 - 31 {TSB -88.1-C, §5.4.2, Table 2}. Motorola Table B-3 - 31: DAQ definitions A Faded Subjective PerformanceDescription 1 Unusable, speech present but unreadable. 2 Understandable with considerable effort. Frequent repetition due to noise/distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise/distortion. 3.4 Speech understandable with repetition only rarely required. Some noise/distortion. 4 1 Speech easily understood. Occasional noise/distortion. Exhibit B-3 Page 76 EXHIBIT `B-3" - City of Delray Beach Scope of Work Reliability The reliability, also defined as the CPC service area reliability, is the percentage of locations within the coverage area that meet or exceed the specified CPC. It represents the average of all tiles for the defined service area. As already described above, there are two defined service areas as outlined within the RFP. Motorola has indicated the CPC service area reliability of these areas in Motorola Table B-3 - 30 for the losses detailed in the RFP. Although the coverage maps do not guarantee coverage within a specific location, they do indicate the ability of the system to overcome the expected losses of typical buildings located within the City and as defined by the RFP. Equipment Configurations There is one configurations for the field unit equipment or subscriber upon which coverage acceptance is based. Motorola's coverage maps for this system indicate the coverage area for the following equipment configurations: 1. Portable (3 -watt). A. Remote speaker microphone. B. Hip level (3 feet for transmit and receive) with Y wave flex antenna. C. Swivel case or equivalent holder to provide 2 to 3 inches of spacing from the body. The infrastructure that supports this configuration is the following: • 1 -site transmit and receive site. • ASTRO® 25 C4FM, which is Motorola Response: Fully Compliant Project 25. In -Building Coverage Motorola's coverage maps for portable in -building equipment configurations are predictions of coverage inside 20 dB loss buildings. The in -building coverage predictions are based on the average loss for the type of buildings, which the RFP has described The definitions of these building types are provided in Motorola Table B-3 - 32. Motorola Table B-3 - 32: Building type definitions Heavy (20 dB loss) Large downtown building, large commercial building, or large enclosed shopping mall Since building loss varies significantly depending on the construction of buildings, Motorola's coverage maps do not predict coverage within any specific building. Rather, the in -building coverage maps indicate the area within which this system is predicted to provide 95% reliability of meeting or exceeding the CPC ofDAQ-3.4. Motorola will test for 95% reliability coverage within the City of Delray Beach by simulating the building Exhibit B-3 Page 77 EXHIBIT `B-3" - City of Delray Beach Scope of Work loss as described in the RFP. The building test will be a pass as long as there is sufficient signal to overcome 20 dB of loss as described in the RFP. CA TP METHOD The method used to test coverage is statistical sampling of the predicted coverage area to verify that the CPC is met or exceeded at the required reliability for each of the defined equipment configurations. It is impossible to verify every point within a coverage area, because there are infinite points; therefore, coverage reliability will be verified by sampling a statistically significant number of randomly selected locations, quasi -uniformly distributed throughout the predicted coverage area. This CA TPprovides a method of tracking test tile location using Motorola Solutions' Voyagersm hardware and software. A GPS receiver will provide location information indicating when a valid test tile is available for testing. The method follows TIA TSB - 88.3 -C §5.0, "Performance Confirmation "for statistical sampling. This CA TPprovides an objective, quantitative method of measurement using Voyager software in conjunction with an APX 6000 (or XTS) portable radio for location reference, signal strength measurements, BER measurements, and recording. The CA TPprovides a subjective audio quality test by using actual equipment and simulating the required building loss with attenuators, and then performing voice test messages to determine the pass or fail of the required DA Q-3.4 voice quality. Determine the Required Number of Test Tiles in the Coverage Area The predicted coverage area shown on Motorola's coverage maps and service area will be divided into a the pattern to produce at least the number of uniformly sized test locations (or tiles) required by the Estimate of Proportions formula { TSB -88.3-C, §5.2.1, equation 2}. The minimum number of test tiles required varies for different systems, from a hundred to many thousands, depending on the size of the service area, desired confidence in results, type of coverage test, and the predicted versus required reliability. Motorola's Hydras` coverage modeling tool calculates the required test tiles as described. Constraints on Test Tile Sizes The minimum tile size is 100 by 100 wavelengths; however, the minimum practical test tile size is typically about 400 by 400 meters (about 0.25 by 0.25 miles). The minimum practical tile size for any system is determined by the distance traveled at the speed of the test vehicle while sampling, GPS error margin, and availability of road access within very small test tiles. A related consideration is the time, resources, and cost involved in testing very large numbers of very small tiles. The maximum test tile size is 2 by 2 kilometers (1.25 by 1.25 miles). In some wide -area systems, this constraint on maximum tile size may dictate a greater number of test tiles than the minimum number required by the Estimate of Proportions formula. Exhibit B-3 Page 78 EXHIBIT `B-3" - City of Delray Beach Scope of Work Accessibility to Test Tiles Prior to testing (if possible) or during the test, Motorola and the City will determine whether any test tiles are inaccessible for the coverage test (due to lack of roads, restricted land, etc.). Inaccessible tiles will be eliminated from the acceptance test calculation; however, a minimum number of test locations must be accessed to provide a statistically valid test. This is important since all valid test tiles are part of the prediction and when tiles are removed from the proof of performance testing, the area reliability accuracy could be adversely affected TSB -88.3-C provides consideration for inaccessible test locations called "Estimated based on adjacent grids (single grids only)': Single inaccessible test locations would be considered a `pass" if 5 of the 8 surrounding test tiles provide passing results, provided that the CA TP test tiles are defined as follows: 1. Only those test tiles where the majority of the tilefalls within the boundaries of the CA TP area under test. 2. Those test tiles within the CA TP boundaries that are actually tested. 3. Inaccessible test tiles that are surrounded by not less than 5 contiguous test tiles which have been tested and show an actual passing result (untested test tiles are not counted). 4. Any other untested test tiles that do not fit any of the criteria above (e.g., untested test tiles surrounded by other untested test tiles, or less than 5 passed test tiles, etc.) would be categorized as simply "untested" and will not be factored into the results as a "CA TP tile': Randomly Select a Test Location within Each Tile Using Voyager, the actual test location within each test tile will be randomly selected by the test vehicle crossing into the tile at an arbitrary point, with an arbitrary speed and direction. This will be the queue for the objective sampling test to begin. After the sample is taken for both SSI and BER, the test team will initiate the subjective voice test to determine if the test point passes the audio quality DAQ test. Perform Measurements in Each Tile In each test tile, a series of 200 or more sequential SSI measurements (sub -samples) will be made and approximately 17 or more sequential BER measurements also made. This test location measurement, containing a number of sub -samples, constitutes the test sample for this location. The test sample will establish the local mean and median SSIBER within the test tile. With this measurement, the target SSIBER for each configuration and loss is established. The distance over which the sub -samples are measured will be 40 wavelengths. A mean of multiple SSIBER sub -samples is used rather than a single measurement to ensure that the measurement is not biased by taking a single sample that might be at a peak or null point on the radio wave. Determine If Each Test Tile Passes or Fails the CPC Requirement To simulate a portable with the required losses of buildings, the indicated net attenuation in Motorola Table B-3 - 34 is used with a portable and the mobile unity gain antenna on the test vehicle. In each test tile, a voice test exchange will be initiated using predetermined text typical of a common voice exchange between the fixed Exhibit B-3 Page 79 EXHIBIT `B-3" - City of Delray Beach Scope of Work location and the portable location. The person conducting the test at the portable will be moving at a typical speed for the surrounding conditions. Coverage acceptance testing will be performed in the both the talk -out and talk -in direction to determine if test tile passes or fails. Motorola Table B-3 - 33: Net target signal strength indication - mobile Motorola Table B-3 - 34: Net target signal strength indication - portable with RSM Determine the Coverage Area Reliability for Acceptance After all accessible tiles in the coverage area have been tested; the coverage area reliability (percentage) will be determined by dividing the number of tiles that pass by the total number of tiles tested. The coverage test acceptance criterion for each equipment configuration is that the tested coverage area reliability must be equal to or greater than the required reliability as shown in Motorola Table B-3 - 30. Responsibilities and Preparation This information will help set the expectations of the City and Motorola regarding requirements for equipment, personnel, and time during the coverage test. The City will provide the following for the duration of the coverage test. • Vehicles for the duration of the test. A minimum of two test teams would be recommended for the City area. • Boats for testing the water ways. This can be done when the test teams finishes the drive test. • Aircraft for air testing. This can be done when the test teams finishes the drive test. • Two City representatives (one can be an OMNICOM representative) for each test vehicle to be the customer representatives for each of the field test teams. 2 The -8.5 dB is the antenna loss figure for the APX (or XTS) portable at hip level in a swivel case. The +4.2 dB is the mobile antenna and transmission line that a portable does not have and thus must be added back to get the signal at the input to the test radio. Exhibit B-3 Page 80 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Two City representatives (one can be an OMNICOM representative) for the fixed location (likely the dispatch center) to be the customer representatives for the fixed end Motorola will provide the following for the duration of the coverage test: • At least two Motorola representative to operate Voyager for each team (this would assume that the customer representative would drive the vehicle). • At least two calibrated Motorola Voyager coverage testing package per team. • Test radios for each field team (unless required otherwise, use the delivered customer subscribers). Coverage acceptance testing will be performed within the borders of City of Delray Beach. Motorola has determined the minimum number of test tiles required, as described in section 0 of this CA TP. Motorola and the City will plan the route for the test vehicles through the coverage test area, to ensure that at least the minimum required number of tiles is tested If possible, any tiles not accessible to the test vehicles will be identified while planning the route. Motorola will check and/or calibrate the test radios (standard APX 6000 portables) used with the Voyager coverage testing package in the City's presence. Motorola will conduct this test only once. If any portion of the test is determined to be unreliable because of proven equipment malfunctions or failures, Motorola will repeat the portion of the test affected by the equipment malfunction or failure. The City will have the option to accept the coverage at any time prior to completion of the coverage test. Before starting the test, the City and Motorola will agree upon the time frame for Motorola's submission of a report containing the coverage test results. CA TP Procedures Subiective Voice Oualitv Testing A subjective listening test will be performed for coverage acceptance testing to verify talk -out and talk -in DAQ performance of the system. The procedure for the subjective DAQ coverage test will be as follows: To perform a statistically valid subjective DA test, a large group of people is required to ensure high confidence in the results. However, obtaining a large group of people for a subjective listening test is usually impractical; therefore, several (3 to 7) people in a car or van must be used for the test. Since a group this small cannot provide statistically significant results, it is very important that the personnel participating in the subjective test be familiar with the sound of radio conversations. Before subjectively testing, all personnel who will evaluate audio quality must be "calibrated" by listening to examples of static and faded audio of various CPC levels from the type of system being tested. Exhibit B-3 Page 81 EXHIBIT `B-3" - City of Delray Beach Scope of Work • A fixed control point location will be established. Prior to testing, the City and Motorola will agree upon a procedure to allow each audio transmission to be evaluated for approximately 8 to 20 seconds. • The test participants will be divided into teams, each consisting of personnel from the City, OMNICOM, and Motorola. Each team will have members that operate a portable unit inside the test vehicle and members that are stationed at the fixed control point location. An odd number of team members is required to avoid ties for the pass/fail consensus. • As the field test team(s) drive through the coverage area, test locations within each tile will be selected randomly by Voyager that will be conducting the objective SSI and BER testing. The voice subjective test may begin after the sampling is complete. This is to prevent any degradation to the receiver sampling the SSIMER and to meet the TSB88 requirement of a randomly selected test point. • The field test unit will make a call and identify the test tile by the current x y tile or tile cell number location and repeat one of ten phonetically balanced phrases (approximately 8 seconds in length). The fixed location unit (console or control station) test team will then determine if the voice passes or fails the DA criteria as defined by Motorola Table B-3 - 31. The fixed location will then repeat 1 of the 10 phonetically balanced phrases (approximately 8 seconds in length) and the field team will in turn determine if the voice passes or fails the DA criteria. • The tile pass/fail evaluations will be used to determine the coverage area reliability of the defined coverage areas in Motorola Table B-3 - 30. • Coverage acceptance will be based on demonstrating that the percentage of the tile locations, as described for each equipment configuration will provide an audio quality of DAQ-3.4 or better. The system coverage acceptance criterion will be the successful passing of each of the equipment configurations. • Motorola reserves the right to review any test tiles that fail the subjective DA tests. • If a coverage test, or a portion thereof, is suspected by Motorola to have failed due to external interference, those tiles suspected of being affected by an interferer may be re -tested If the tiles (or test points) re -tested are confirmed to have failed due to interference, those tiles (or test points) will be excluded from all acceptance calculations and Motorola will work with City of Delray Beach to identify potential solutions to the interference issues. Obiective SSI and BER Testing Motorola will conduct attenuated voice subjective testing for the area reliabilities as shown in Motorola Table B-3 - 30 for a pass/fail test and collect the SSI and BER for information only. Both the subjective and objective testing as described would be performed at the same time but evaluated independently of each other. A the that tests below the target SSI and/or BER for the objective test point would not constitute a failure for the subjective testing. The reason for this is that the points are taken at different times (thus at different locations). The modeling does not predict the probability of one location against the other but predicts area reliability of all test points for each test within the test area. Exhibit B-3 Page 82 EXHIBIT `B-3" - City of Delray Beach Scope of Work CA TP Documentation and Coverage Acceptance During the coverage acceptance test, Voyager generates computer files that include the mean and median SSI and BER for each test tile. It also generates a comma separated values (csv) file that documents these samples for each test point taken. A copy of this data will be provided to the City or OMNICOM at any time during the test or as required. Motorola will process this data to determine whether the coverage test was passed for the equipment configurations and to produce a map that graphically displays the statistical coverage test results along with the analyzed numbers of the passes and failures. Motorola will submit to the City a report detailing the coverage test results. This report will include a document, which is to be signed by both the City and Motorola, indicating the test was performed in accordance with this CA TP and the results of the test indicate the acceptance or non-acceptance of the coverage portion of the system. The City will have the option to accept the coverage at any time prior to completion of the coverage test or documentation process. Exhibit B-3 Page 83 EXHIBIT `B-3" - City of Delray Beach Scope of Work Exhibit B-3 Page 84 Mobile/Portable Equipment Checklist Vehicle Make: Radio Serial No.: Vehicle Type: Radio Network ID: Vehicle No.: Date: Service Shop: Technician: Note: A failure of any preliminary check will cause rejection, and the vehicle will be returned for correction before continuing the testing and installation. Battery Visual Pass Fail 1. Broken or Cracked Case 2. Broken or Cracked Cover 3. Acidic Odor 4. Excessive Corrosion on Battery Posts 5. Battery Posts Tight Wiring Visual Pass Fail 1. Wires Pinched or Damaged 2. Wires Running Over Hot or Moving Parts 3. Condition of Battery Ground 4. Condition of Battery to Hot Lead 5. Wires Run Through Firewall (grommet installed) Radio Check Pass Fail 1. Radio Mounted Securely 2. Antenna Type (unity, 3 dBgw, etc.) 3. Antenna Line Type and Length 4. Antenna Installed Correctly 5. Antenna Length Correct 6. Tx Power Forward 7. Tx Power Reverse (< 4% of Forward Power) 8. VS WR (< 1.5:1) 9. Tx Deviation 10. Tx Frequency 11. Rx Sensitivity 12. Effective Receiver Sensitivity Degradation (refer to the Systems Engineer for maximum allowable degradation) Radio Software Check Pass Fail 1. Verify the hardware revision and model/and serial numbers (include an archive file with the software release version and personality parameters) Comments: Exhibit B-3 Page 84 EXHIBIT `B-3" - City of Delray Beach Scope of Work 7.5.3 Infrastructure Modifications See Exhibit B, Section 10.6.3 as applicable to the City. Motorola Response: Fully Compliant 7.5.4 Test Equipment Records See Exhibit B, Section 10.6.4 as applicable to the City. Motorola Response: Fully Compliant 7.5.5 Test Grids and Locations See Exhibit B, Section 10.6.5 as applicable to the City. The City shall be divided into grid squares with sizes as determined in the latest version of TSB -88 to yield a 99% confidence level. Motorola Response: Fully Compliant 7.5.6 Automated RF Testing See Exhibit B, Section 10.6.6 as applicable to the City. Motorola Response: Fully Compliant The coverage on Motorola's coverage maps indicates the coverage reliability as a composite reliability layer. This layer is a composite of signal level, phasing and delay spread TDI is considered in this layer. As a result, the painted area has no TDI that exceeds the required threshold to meet the DAQ requirement. 7.5.7 Radio Configurations See Exhibit B, Section 10.6.7 as applicable to the City. The radio configuration shall account for the City's requirement as defined in Section 3.3.2. Motorola Response: Fully Compliant Motorola has provided a diagram of the proposed test setup at the close of this section. 7.5.8 Voice Quality Tests See Exhibit B, Section 10.6.8 as applicable to the City. The Contractor shall perform the DAQ test using FDMA modulation. Motorola Response: Fully Compliant 7.5.9 Voice Quality Test Results See Exhibit B, Section 10.6.9 as applicable to the City. Motorola Response: Fully Compliant Exhibit B-3 Page 85 EXHIBIT `B-3" - City of Delray Beach Scope of Work 7.5.10 Coverage Test Failures See Exhibit B, Section 10.6.10 as applicable to the City. Motorola Response: Fully Compliant 7.5.11 Remedies for Coverage Failure See Exhibit B, Section 10.6.11 as applicable to the City. Motorola Response: Fully Compliant 7.6 Functional and Operational Tests See Exhibit B, Section 10.7 as applicable to the City. Motorola Response: Fully Compliant 7.7 Communications System Cutover Plan See Exhibit B, Section 10.9 as applicable to the City. Motorola Response: Fully Compliant Per the requirements of the RFP Motorola has provided the cutover plan in Tab 2.3 below. 7.8 Performance Period and Final System Acceptance See Exhibit B, Section 10.10 as applicable to the City. Motorola Response: Fully Compliant Exhibit B-3 Page 86 EXHIBIT `B-3" - City of Delray Beach Scope of Work 8. TRAINING The training requirements for the City shall follow the County's training requirements as detailed in Exhibit B, Section 11, Training, with the following exceptions. The trainer training class shall be for up to five (5) people, the system management training class shall be up to five (5) people, and the system maintenance class shall be up to two (2) people. Motorola Response: Fully Compliant Motorola Solutions understands that the successful implementation and use of your communications system depends on effective training. We have developed a training proposal for Delray Beach to ensure a comprehensive understanding of your proposed system and all user equipment. We are leveraging over 85 years of training experience working with customers just like you to provide recommendations for your consideration. The training proposal detailed in the following pages incorporates customer feedback coupled with a best practices systematic approach to produce effective course delivery and content. Our commitment to Delray Beach is to provide unsurpassed services that ensure the equipment operates efficiently for the life of the system, and in doing so, directly train your personnel to acquire a level of knowledge to utilize the system at its maximum potential. Delray Beach personnel will gain in-depth understanding of the power of your new system through education and proficient daily use. Our high-quality training focuses attention on student needs. Training is complemented by our detailed documentation and available continuing education program. We will collaborate with Delray Beach to develop a final customized training plan that fits your needs and assures that System Administrators, Maintenance Technicians and End Users are skilled in using your new system. Training Annroach Our training solution delivers a combination of online training and field based instructor led training at Delray Beach locations using the operational equipment and classrooms. Motorola Solutions will employ knowledgeable and experienced instructors, well-designed courseware and integrated lab activities. Training is based upon several key criteria: Course design is driven by an analysis of student needs and focuses on how-to rather than theory. Learning objectives are based upon what students need to accomplish on the job and focus on specific applications or components. Hands-on lab opportunities using Delray Beach specific job aids are incorporated into training to maximize the transfer of skills and the retention/reuse of information. Exhibit B-3 Page 87 EXHIBIT `B-3" - City of Delray Beach Scope of Work Our instructors bring invaluable experience and first-hand knowledge of public safety systems into their training approach. This experience and knowledge provides them a better understanding of and insight into the practical aspects of the role of Delray Beach Managers, Technicians and End Users. Each has a proven ability to communicate with novice as well as expert personnel. Courses Proposed Motorola Solutions has identified the following courses) that are necessary to achieve the training goals for Delray Beach. Course description files for the recommended courses are provided in the matrix below and/or in the training appendix. Class delivery for instructor -led courses in the field will be tailored for your system and features. Specifically, our proposed training plan addresses the following categories as identified in your request for proposal. System Administrators Console Operators and Supervisors Maintenance Technicians It is recommended that students bring their laptop computers for all System Administrator and Technician classes. Planning Phase — Training Plan Course Target Audience sessions Duration Location Date Attendees ASTRO 25 Fleetmapping System 1 5 days FL After Contract 5 Workshop Planners; Award during (Instructor -led) Administrators the Planning and Technicians Phase Course Synopsis: This workshop addresses topics necessary for the effective planning and mapping of an ASTRO 25 IV&D radio system. During this course, the participants will learn about ASTRO 25 features, capabilities, and restrictions in order to effectively plan for a new or upgraded ASTRO 25 system. Radio Manager Training Plan Course Target Audience No. of Duration Location Date Sessions No. of Attendees ASTRO 25 IV&D System System 1 5 days FL Prior to 5 Applied Networking Administrators & remaining (Instructor -led) Technicians classes Course Synopsis: This course provides the participant with the necessary networking information required for understanding the Network Transport subsystem components installed in an ASTRO 25 IV&D communications system. The course includes familiarization with basic networking concepts and the networking components deployed throughout the system. Exhibit B-3 Page 88 EXHIBIT `B-3" - City of Delray Beach Scope of Work Course Target Audience No. of Duration Location Date Sessions No' of Attendees ASTRO 25 IV&D with M System NA 4 hours Self Paced Prior to 5 Core System Overview Administrators & Online Prerequisite 2 (Self -paced; On-line) Technicians Prerequisite #1 Course Synopsis: The ASTRO® 25 IV&D Trunking with M Core System Overview is a self -paced course. It is the starting point for all ASTRO 25 IV&D Trunking with M Core systems. It provides a high-level description of the system's call flow capabilities, components, features and benefits. Participants are required to complete this course with a passing score on the corresponding test before taking other classes. ASTRO 25 IV&D System 1 10 hours Self Paced Prior to Radio 5 Introduction to Radio Administrators & Online System System Administration Technicians Administrator (Self -paced; On-line) & other Prerequisite #2 classes below Course Synopsis: This virtual, interactive course provides a high-level overview of the Motorola Radio System Management applications through recorded demonstrations of common system tasks. ASTRO 25 Domain System 1 3 days FL Prior to 5 Controller Administrators & Managing the Administration Technicians System (Instructor -led) Course Synopsis: This workshop covers the administrator and management functions in the ASTRO 25 Domain Controller and how these functions affect both users and computers in the ASTRO 25 system. The learning activities in this course focus on how to use the Domain Controllers to authenticate, administer, and authorize users and devices in the ASTRO 25 System. Group Policies and Organizational Units, RADIUS, and DNS structure will be addressed during this course. ASTRO 25 IV&D Radio System 1 5 days FL Prior to 5 System Administrator Administrators Managing the Workshop System (Instructor -led) Course Synopsis: This workshop covers the administrator functions for an ASTRO 25 Integrated Voice and Data (IV&D) System. Learning activities in this course focus on how to use the different ASTRO 25 IV&D System Management applications. Participants will have an opportunity to discuss how to structure their organization and personnel for optimal ASTRO 25 IV&D system use. ASTRO Secure System 1 5 days FL Prior to 5 Communications Administrators Managing the Workshop (OTAR/KMF) System (Instructor -led) Course Synopsis: This workshop describes planning, installation, configuration, operations, and troubleshooting of Secure Communications within the ASTRO 25 IV&D System. Exhibit B-3 Page 89 EXHIBIT `B-3" - City of Delray Beach Scope of Work Course Target Audience N o. of Duration Location Date N o. of Sessions Attendees ASTRO 25 ISSI 8000 / System NA 1 hour Self Paced Prior to 5 CSSI 8000 FEATURE Administrators Online Managing the OVERVIEW System (Self -paced; On-line) Course Synopsis: The ISSI 8000 / CSSI 8000 Feature Overview self -paced course describes the optional Inter -RF Subsystem Interface available in an ASTRO 25 IV&D System. It presents a description of the feature, its benefits and components, call processing scenarios, and an overview of the installation process. Console Operator & Admin Traininz Plan MCC7500 Console Dispatch 1 1 day FL Prior to 5 Operator and Admin Supervisors (8 hour cutover Train -the -Trainers session) 5 Training Consoles (Instructor Led) Operator Course Synopsis: This course provides participants with an introduction to the dispatch console, its basic operation and tailored job aids which will be available for assistance in operation. Through facilitation and hands-on activities, the user learns how to perform common tasks associated with the console operation. Admin Course Synopsis: This course provides participants with the knowledge and skills to manage and utilize the MCC 7500 console administrator functions. Through facilitation and hands-on activities, the participant learns how to customize the console screens. Note: First half of the day is the operator class. The second half of the day is the admin class. How to utilize the Interactive End User Tool Kit is also covered in the second half of the day Exhibit B-3 Page 90 EXHIBIT `B-3" - City of Delray Beach Scope of Work Maintenance Technician Trainin- Plan — Factory in IL Course Target Audience o. of Duration Location Date Sessions No.. AttendeesA 2 ASTRO 25 IV&D M Core M Core Master 1 5 days Schaumburg, Prior to Workshop Site Technicians IL maintaining (Instructor -led) Course Synopsis: The ASTRO 25 IV&D with M Core course teaches advanced troubleshooting skills and best practices for the Trunked Large Systems. The course also focuses on gathering and analyzing system information to implement appropriate action(s) that return a system to full operational status. ASTRO 25 IV&D Site Technicians 1 3 days Schaumburg, Prior to 2 IP Simulcast Site IL maintaining Workshop (Instructor -led) Course Synopsis: The ASTRO 25 IV&D IP Based Digital Simulcast workshop provides an understanding of the components that comprise the ASTRO 25 IV&D IP Simulcast subsystem, and how they operate in conjunction with each other. The workshop also explains the tools and methods available for troubleshooting components within the IP Based Simulcast subsystem. ASTRO 25 IV&D GTR Site Technicians 1 3 days Schaumburg, Prior to 2 8000 Repeater Site IL maintaining Workshop (Instructor -led) Course Synopsis: This workshop describes the components in the ASTRO 25 IV&D System Repeater Site with GTR 8000 expandable site subsystem. This course also presents how the GTR 8000 expandable site subsystem operates and explains the tools and methods available for troubleshooting components within the subsystem. MCC 7000 Series Console NA 1 hour Self Paced Prior to 2 Dispatch Consoles Technicians Online console Overview workshop (Self -paced; On-line) Prerequisite Course Synopsis: This course provides an overview of the MCC 7000 series of Dispatch Consoles. It includes a description of the features and illustrations of subsystem architecture options. Descriptions of subsystem components and illustrations of signal flow and call processing are also included. MCC 7000 Series Console 1 4 days Schaumburg, Prior to 2 Dispatch Consoles Technicians IL maintaining Workshop (Instructor -led) Course Synopsis: This course familiarizes participants with the installation, configuration, management and repair of MCC 7000 Series IP dispatch consoles. It also covers Archiving Interface Servers, AUX 1/0 servers, and Conventional Channel Gateways. The focus is on a detailed discussion of console hardware and hands-on activities with the installation and configuration of the MCC 7000 Series IP dispatch consoles. Exhibit B-3 Page 91 EXHIBIT `B-3" - City of Delray Beach Scope of Work Course Descriptions ASTRO 25 Fleetmappin- Workshop Duration: 5 days Delivery Method. IL — Instructor -led training Target Audience: Pre -Sale System Owners, Planners, Administrators, and Technicians Course Synopsis: This workshop addresses topics necessary for the effective planning and mapping of an ASTRO 25 IV&D radio system. During this course, the participants will learn about ASTRO 25 features, capabilities, and restrictions in order to effectively plan for a new or upgraded ASTRO 25 system. Prerequisite: None Course Objectives: After completing the course, the participant will be able to: • Understand the methodologies used to configure radio users and groups with the goal of optimizing system resources. • Enable participants to knowledgably assist with fleetmapping decisions. • Perform the basic planning requirements and complete a simple fleetmap information template. • Create a sample fleetmap based on sample operational requirement information. ASTRO 25 Systems Applied Networking NWT003 Duration: 5 days Delivery Method. ILT - Instructor -led Training Target Audience: Technical system managers, technicians, and engineers Course Synopsis: This course provides the participant with the necessary networking information required for understanding the Network Transport subsystem components installed in an ASTRO 25IV&D communications system. The course includes familiarization with basic networking concepts and the networking components deployed throughout the system. Exhibit B-3 Page 92 EXHIBIT `B-3" - City of Delray Beach Scope of Work Prerequisites: None Learning Outcome: After completing this course, the participant will be able to: • Understand basic networking concepts • Describe the various Transport Network Subsystem components • Define the LAN topologies for each system • Define the WAN topologies for each system • Identify the expanse of Network Management across each system • Discuss HP switch and Motorola Series router configurations • Describe and perform the backup/restore procedures for the HP switch and Motorola Series routers in the ASTRO 25 system Course Modules: Module]: Basic Networking Concepts • Terminology and acronyms • LANS and WRNS • Basic protocols • Network troubleshooting commands Module 2: ASTRO 25 Network Transport Subsystem • Call Processing o Block diagram description of how a call travels through the system o Identification and isolation of the network components • Network Components • HP switches - description and location in the network o Menu -driven configuration o Web -based configuration • Cooperative WAN Routing—description and location in the network • Motorola Series Routers—description and location in the network o Command line interface configuration o Menu -driven configuration o Web -based configuration • Router Manager -location and application identification Module 3: Network Concepts • Identify the LANportion(s) of the network • Identify the LAN Protocols and describe where they are in the network • Identify the WANportion(s) of the network • Identify the WANprotocols and describe where they are present in the network Module 4: Hands-on practice • Backup and restore HP switch configurations • Backup and restore Motorola Series router configurations • Create router boot configuration file • Flash routers with new operating system Exhibit B-3 Page 93 EXHIBIT `B-3" - City of Delray Beach Scope of Work ASTRO® 25 IV&D with M Core System Overview ACS714200 Duration: 4 hours Delivery Method. OLT — Online training Target Audience: System Managers, Technical System Managers, and System Technicians Course Synopsis: The ASTRO® 25IV&D Trunking with M Core System Overview is a self -paced course. It is the starting point for all ASTRO 25 IV&D Trunking with M Core systems. It provides a high-level description of the system's call flow capabilities, components, features and benefits. Participants are required to complete this course with a passing score on the corresponding test before taking other classes. Prerequisite: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap for ASTRO 25 (ACTI 00 or ACTI 01) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (NWT003) Course Objectives: After completing the course, the participant will be able to: • List and describe the ASTRO 25 IV&D Trunking with M Core system features and capabilities. • Describe the ASTRO 25 with M Core system sites and their components. • Describe the paths used for control, voice, and data in an ASTRO 25IV&D Trunking with M Core system. • List the servers and databases used in an ASTRO 25 IV&D Trunking with M Core system. • Describe voice and data signal flows and mobility management. • Utilize the troubleshooting tools to diagnose a fault and restore the Large System Core to the level of the Motorola -supported service strategy. Course Modules: Module]: System Architecture • M-1 Core Architecture • M-2 Core Architecture • M-3 Core Architecture • Common Server Architecture • Scalability • Module 1 Summary Exhibit B-3 Page 94 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Module I Review Quiz Module 2: System Features and Options • Channel Partitioning • Other Band Trunking • Dynamic Dual Mode • Enhanced Data Service • Telephone Interconnect • Digital Mutual Aid • SmartX Site Converter • ISSL 1 Network Gateway • ISSI 8000 / CSSI 8000 • Dynamic System Resilience • High Availability Data • Radio Authentication • Module 2 Summary • Module 2 Review Quiz Module 3: Zone Core Components • Direct Attached Storage Device • Domain Controllers • Zone Controller • CS11S • PDG • GGSN • Network Management Components • Network Transport Components • Network Subnets • Servers and Databases • Module 3 Summary • Module 3 Review Quiz Module 4: Remote Sites • GTR 8000 Expandable Site Hardware • Repeater Site • HPD Overlay • Simulcast Subsystem • Console Site • Conventional Channel Support • Site Statuses • Module 4 Summary • Module 4 Review Quiz Module 5: Information Types and Paths • Control Information • Control Path Exhibit B-3 Page 95 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Voice Information • Voice Path • Data • Data Path • Data Path — HPD • Data Path — Enhanced Data • Network Management Information • Network Management Path • Information Paths Routing • Routing Failure Scenarios • Module 5 Summary • Module 5 Review Quiz Module 6: Voice and Data Processing • Finding the Control Channel • Affiliation and Registration • Channel Request • Authorizing the Call • Assignment of Resources • Busy Queue • Call in Progress • Finishing a Call • Enhanced Data on Reserved Access Channel • Data Packets and Signal Flow • Module 6 Summary • Module 6 Review Quiz Module 7: Mobility Management • Affiliation and Registration • Valid Sites for an Individual • Valid Sites for a Talkgroup • Site Access Denial Type • Dynamic Site Assignment • Continuous Assignment Updating • De -registration • Roaming • Adjacent Sites • RSSI Threshold • Preferred Site • Always Preferred Site • Least Preferred Site • Out of Range • Inbound and Outbound • Balanced Coverage • Out -of -range Indications Exhibit B-3 Page 96 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Scanning • Priorities in Scan • Requested Site • Module 7 Summary • Module 7 Review Quiz Final Assessment ASTRO 25 IV&D Introduction to Radio System Management Applications ACS713201 Delivery Method OLT = Online Training Duration 10 hours Target Audience System Managers, Technical System Managers, System Technicians, and other Application Users. Course Overview This virtual, interactive course provides a high-level overview of the Motorola Radio System Management applications through recorded demonstrations of common system tasks. Prerequisites Completion of the following courses or equivalent knowledge: Bridging the Knowledge Gap — Technicians (ACT]00) Required. Take one of the following depending on system supporting: • ASTRO® 25 IV&D with M Core System Overview (ACS713200) • ASTRO®25 IV&D Conventional with M Core Overview (ACS713420) • ASTRO® 25 IV&D with L Core System Overview (ACS713430) Learning Outcomes After completing the course the participant will be able to: • Describe the purpose of Network Management applications used in an ASTRO system • Identify high-level capabilities of those Network Administrator applications • Familiarize with common operations allowed by those Network Administrator applications Course Modules Module 1: • System Profile • Zone Profile Exhibit B-3 Page 97 EXHIBIT `B-3" - City of Delray Beach Scope of Work • ZoneWatch • ATIA Log Viewer Module 2: • Unified Event Manager (UEM) • Affiliation Display Module 3: • Radio Control Manager (RCM) • Reports Module 4: • Provisioning Manager Module 5: • EMC Ionix Network Configuration Manager ASTRO 25 Domain Controller Administration AST2015.001, Duration: 3 days Delivery Method. ILT — Instructor -led training Target Audience: System Administrators, Technical System Administrators and ,System Technicians Course Synopsis: This workshop covers the administrator and management functions in the ASTRO 25 Domain Controller and how these functions affect both users and computers in the ASTRO 25 system. The learning activities in this course focus on how to use the Domain Controllers to authenticate, administer, and authorize users and devices in the ASTRO 25 System. Group Policies and Organizational Units, RADIUS, and DNS structure will be addressed during this course. The applications in this course only apply to customers with releases 7.4 or newer. Prerequisites: Completion of the following courses or equivalent knowledge: • ASTRO 25 IV&D with M Core System Overview (ACS714200) • ASTRO 25 IV&D Conventional with M Core Overview (ACS714420) • ASTRO 25 IV&D with L Core System Overview (ACS714430) Course Objectives: After completing the course, the participant will be able to: • Understand the Domain Controller server platform. • Understand the DNS Hierarchy in the ASTRO25 system. Exhibit B-3 Page 98 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Implement RADIUS authentication in applicable devices in an ASTRO 25 system. • Use Active Directory to control users in the ASTRO 25 system. • Understand Group Policy objects and how they impact users in the ASTRO 25 Domain. Course Modules: Module 1: Course Introduction Module 2: Underlying Administrative Software Module 3: Domain Controller Software Module 4: Authentication and Authorization Module 5: Domain Controller Implementation Module 6: Groups, Users, and Policies Module 7. Troubleshooting Issues ASTRO® 25 IV&D Radio System Administrator Workshop ACS714102 Duration: 5 days Delivery Method: ILT — Instructor -led training Target Audience: System Administrators, Technical ,System Administrators and ,System Technicians Course Synopsis: This workshop covers the administrator functions for an ASTRO 25 Integrated Voice and Data (IV&D) System. Learning activities in this course focus on how to use the different ASTRO 25 IV&D System Management applications. Participants will have an opportunity to discuss how to structure their organization and personnel for optimal ASTRO 25 IV&D system use. The applications in this course only apply to customers with releases 7.4 or newer. Prerequisite: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap —System Administrators (ACT] 01) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (NWT003) Take one of the following depending on system supporting: • ASTRO 25IV&D with M Core System Overview (ACS714200) • ASTRO 25IV&D Conventional with M Core Overview (ACS714420) Exhibit B-3 Page 99 EXHIBIT `B-3" - City of Delray Beach Scope of Work ASTRO 25 IV&D with L Core ,System Overview (ACS714430) ASTRO 25 IV&D Introduction to Radio System Management Applications (ACS713201) Course Objectives: After completing the course the participant will be able to: • Describe the relationship between radio programming, console administration and system management, and the impact of this relationship on system planning. • List the network management tools applicable at each phase of the system life cycle. • Identify the advantages and disadvantages of options available for the configuration of system infrastructure and user parameters. • Use the report and real-time data to monitor performance and make adjustments necessary to maintain acceptable system performance levels. • Explain the key factors that affect the planning of ASTRO 25 Radio Systems and create a Fleetmap. Course Modules: Module 1: Course Introduction Module 2: Basic Concepts of Radio System Administration 2-1: Why Did They do it That Way? 2-2: Radio Programming vs. System Management 2-3: List of Management Applications Module 3: Configuration 3-1: Configuration Process and Tools 3-2: Adding Radios and Talkgroups to the System 3-3: Editing Existing Records in PM 3-4: Setting System -Level Parameters 3-5: Creating Managers and Controlling Access 3-6: Managing Configurations with UNC 3-7. Configuring Sites and Channels with PM Module 4: Operation and Optimization 4-1: License Sharing 4-2: Live Monitoring of the System 4-3: Report Generation 4-4: Network Maintenance Tools Module 5: Communications Planning 5-1: Factors That Impact Communications System Planning 5-2: Fleetmapping ASTRO 25 IV&D Secure Communications Workshop ACS713207 Duration: 5 days Exhibit B-3 Page 100 EXHIBIT `B-3" - City of Delray Beach Scope of Work Delivery Method. IL — Instructor -led Training Target Audience: System Technicians, System Administrators, and Technical System Managers This course applies only to customers with releases 7.4 or newer. Course Synopsis: This workshop describes planning, installation, configuration, operations, and troubleshooting of Secure Communications within the ASTRO 25 IV&D System. Prerequisites: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap —Technicians (ACT100 E) • Networking Essentials in Communication Equipment (NST762) Learning Outcomes: After completing the course the participant will be able to: • Plan, organize, and implement Secure Communications in an ASTRO 25 IV&D system • Install and configure a Key Management Facility (KMF) system and related components • Demonstrate centralized key management using Over -the Air-Rekeying (OTAR) • Perform System Administrator functions using the KMF server and KMF client • Troubleshoot installation and configuration problems for the KMF server, KUF client, and KMF database • Implement end-to-end encryption using the MCC 7500 console subsystem Course Modules: Module 1: Course Introduction Module 2: System Overview Topic 2-1: Secure Communications Concepts Topic 2-2: Secure Equipment Topic 2-3: Secure Communications in a Trunked System Module 3: Planning and Organizing Topic 3-1: Communication Patterns Topic 3-2: Communications System Planning Topic 3-3: Fleetmapping Class Exercise Module 4: Hardware Topic 4-1: KMF Hardware and Software Topic 4-2: Components for Trunked Systems —M -cores and L -cores Topic 4-3: Components for Conventional Systems — M -cores and K -cores Module 5: Configuration Topic 5-1: Configuring a Trunked System Exhibit B-3 Page 101 EXHIBIT `B-3" - City of Delray Beach Scope of Work Lab Activity 1: Configuring for Secure Trunking Calls Topic 5-2: Configuring a Conventional System Topic 5-3: Configuring the Key Variable Loader (KVL) Lab Activity 2: Configuring KMF and KVL for OTAR Operations Topic 5-4: Configuring the Radio Lab Activity 3: Configuring Radios for OTAR Operations Using CPS Topic 5-5: Configuring the Key Management Facility (KMF) Lab Activity 4: Configuring OTAR Keys and Devices Module 6: Over the Air Rekeying (OTAR) and Over the Ethernet Rekeying (OTEK) Topic 6-1: Managing Currency Topic 6-2: OTAR Commands Lab Activity 5: OTAR Operations Module 7. Administering and Monitoring Topic 7-1: Security Management Topic 7-2: Performance tools for Key Management Topic 7-3: Performance Management for Trunked Systems Topic 7-4: Performance Management for Conventional Systems Topic 7-5: Administering the KMF Server Lab Activity 6: Loading Keys in MCC 7500 Lab Activity 7. Back Ups Module 8: Fault Management and Troubleshooting Topic 8-1: Fault Management Topic 8-2: Detection, Diagnostics, and Monitoring Tools Topic 8-3: Troubleshooting the KMF Server Topic 8-4: Troubleshooting the KMF Client Topic 8-5: Troubleshooting the KMF Database Topic 8-6: Troubleshooting the KMF Subsystem Topic 8-7. Troubleshooting a Secure MCC 7500 and MCC 7500 AIS Topic 8-8: Troubleshooting Radio Unit Problems ASTRO 25 ISSI 8000 / CSSI 8000 Feature Overview AST2005.00E Duration: 1 hour Delivery Method. OLT - Online Training Target Audience: System Managers, Technical System Managers and System Technicians Course Synopsis: This self -paced course describes the optional Inter -RF Subsystem Interface available in the ASTRO 25 IV&D System. It presents a description of the feature, its benefits and components, call processing scenarios, and an overview of the installation process. Exhibit B-3 Page 102 EXHIBIT `B-3" - City of Delray Beach Scope of Work Prerequisites: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap for Technicians (ACT]00) Required. Take one of the following depending on system supporting: • ASTRO 25 IV&D with M Core System Overview (ACS713200) • ASTRO 25 IV&D with L Core System Overview (ACS713430) Learning Outcomes: After completing the course the participant will be able to: • Describe the ISSI 8000 / CSSI 8000 feature • Describe the components of the ISSI 8000 / CSSI 8000 feature • Describe the communication scenarios if this feature is enabled • Follow the installation and configuration process if this feature is added to an ASTRO system Course Modules: Module 1: Introduction • Project 25 ISSI Trunking • ISSI vs. CSSI • Interoperability vs. Operability • Levels of Interoperability • Requirements and Capacity • Features and Benefits • Subscriber Support • Services Supported Module 2: Architecture and Components • ASTRO Zone Core Architecture • Components • Other ASTRO Applications Module 3: Call Processing Scenarios • Coordinated Incident Management • Console Subsystem Interface • Deploy and Assist • System Site Access Module 4: Installation and Configuration • Installation and Configuration Process Summary Quiz Exhibit B-3 Page 103 EXHIBIT `B-3" - City of Delray Beach Scope of Work MCC7500 Console Operator Duration: 4 hours Delivery Method. ILT - Instructor -led training Target Audience: Dispatch Console Operators, Supervisors, System Administrators, and Support Personnel Course Synopsis: This course provides participants with an introduction to the dispatch console, its basic operation and tailored job aids which will be available for assistance in operation. Through facilitation and hands-on activities, the user learns how to perform common tasks associated with the console operation. Course Objectives: Perform basic operational tasks of the dispatch console • Utilize the provided job aids to perform specific tasks associated with the console • Understand a high level view of the system configuration • High-level overview of the customer system configuration • General console operation • Proper operating procedures for specific customer features Recommended Prerequisites: None Key Topics: Overview • Communicating with Radios • Advanced Signaling Features • Resource Groups • Working with Configurations • Working with Aux IOs • Troubleshooting MCC7500 Console Supervisor Duration: 4 hours Operator, plus 4 hours Admin Delivery Method. ILT - Instructor -led training Exhibit B-3 Page 104 EXHIBIT `B-3" - City of Delray Beach Scope of Work Target Audience: Dispatch Supervisors and System Administrators Admin Course Synopsis: This course provides participants with the knowledge and skills to manage and utilize the MCC7500 console administrator functions. Through facilitation and hands-on activities, the participant learns how to customize the console screens. Course Objectives: Understand the menu items and tool bar icons • Edit folders, multi-select/patch groups, auxiliary input output groups, windows and toolbars • Add/delete folders Recommended Prerequisites: None Key Topics: • Introduction • Configurations • Folders and Resource Setup • Customizing Folders • Auto Starting the MCC 7500 Dispatch Console • Editing Preferences • Configuring the Toolbar • Setting Up Aux IOs • Resource Groups ASTRO® 25 IV&D M Core Workshop ACS714103 Duration: 5 days Delivery Method. IL — Instructor -led training Target Audience: M Core Master Site Technicians Course Synopsis: The ASTRO 25 IV&D with M Core course teaches advanced troubleshooting skills and best practices for the Trunked Large Systems. The course also focuses on gathering and analyzing system information to implement appropriate actions) that return a system to full operational status. Exhibit B-3 Page 105 EXHIBIT `B-3" - City of Delray Beach Scope of Work Prerequisites: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap (ACT] 00 or ACT] 01) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (NWT003) Select one of the following depending on system supporting: • ASTRO 25 IV&D with M Core System Overview (ACS714200) • ASTRO 25 IV&D Conventional with M Core Overview (ACS714420) • ASTRO 25 IV&D with L Core System Overview (ACS714430) • ASTRO 25IV&D Introduction to Radio System Management Applications (ACS713201) Course Objectives: After completing the course, the participant will be able to: • Describe the ASTRO 25 System architecture. • Identify the functional and radio subsystems that comprise the ASTRO 25 System. • Explain and discuss call flow and data flow through Large System Core devices and their subsystems. • Perform recommended routine maintenance procedures for the ASTRO 25 Large System Core. • Utilize the troubleshooting tools to diagnose a fault and restore the Large System Core to the level of the Motorola -supported service strategy. Course Modules: Module 1: Course Introduction Module 2: Overview of M Core Systems 2-1: System Review 2-2: Functional View —Call Processing (Control) Path 2-3: Functional View —Audio Path 2-4: Functional View — Data Path 2-5: Information Assurance High -Level Overview Lab Activity Module 3: System Troubleshooting Tools 3-1: Recommended Test Equipment 3-2: Troubleshooting Tools Overview 3-3: Detection and Monitoring Tools 3-4: Performance Management Tools Module 4: Network Transport Subsystem 4-1: Network Transport Review 4-2: Core LAN Switch Lab Activity 4-3: Routers 4-4: Cooperative WAN Routing (CWR) 4-5: Ethernet Site Links 4-6: Diagnostic Tools Exhibit B-3 Page 106 EXHIBIT `B-3" - City of Delray Beach Scope of Work Module 5: Virtual Management Server (VMS) System Servers 5-1: Servers Overview 5-2: Virtual Management Server (VMS) Lab Activity Module 6: Network Management and Zone Controller Applications 6-1: Zone Controller 6-2: Zone Controller Configuration 6-3: Network Management Overview 6-4: Network Management Servers 6-5: Network Management Databases 6-6: Network Management Clients 6-7: Network Management Applications Lab Activity Module 7: Data Subsystem and Customer Enterprise Network (CEN) Interface 7-1: Integrated Voice and Data Description 7-2: Packet Data Gateway (PDG) Interface 7-3: "Global Packet Radio Service" Gateway Support Node (GGSN) 7-4: Customer Enterprise Network (CEN) Interface 7-5: Data Configuration Module 8: Routine Maintenance and System Troubleshooting 8-1: Recommended Routine Maintenance 8-2: Database Backups 8-3: Network Device Configuration Backup 8-4: Appendix A: Routine Maintenance Schedules 8-5: Troubleshooting Hard Failures 8-6: Troubleshooting Intermittent Failures 8-7: System -Level Reliability 8-8: Intra -zone Reliability 8-9: Configuration Troubleshooting Lab Activity 7-5: Data Configuration Appendix A: Non -CSA Server Architecture Appendix B: MGEG & AEB — Dispatch Subsystems B-1: Circuit Based Dispatch Subsystem Overview B-2: Motorola Gold Elite Gateway (MGEG) B-3: Ambassador Electronics Bank (AEB) ASTRO® 25 IV&D IP Based Digital Simulcast ACS714217 Duration: 3 days Delivery Method: IL — Instructor -led training Target Audience: Simulcast Site Technicians Exhibit B-3 Page 107 EXHIBIT `B-3" - City of Delray Beach Scope of Work Course Synopsis: The ASTRO 25 IV&D IP Based Digital Simulcast workshop provides an understanding of the components that comprise the ASTRO 25IV&D IP Simulcast subsystem, and how they operate in conjunction with each other. The workshop also explains the tools and methods available for troubleshooting components within the IP Based Simulcast subsystem. Prerequisite: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap for Technicians (ACTI00) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (NWT003) Take one of the following depending on system supporting: • ASTRO 25 IV&D with M Core System Overview (ACS714200) • ASTRO 25IV&D with L Core System Overview (ACS714430) Course Objectives: After completing the course, the participant will be able to: • Recognize the flow of message and control data within an ASTRO 25IV&D IP Digital Simulcast subsystem. • Identify the major components and connections within an ASTRO 25 IV&D IP Digital Simulcast subsystem prime and remote sites • Recognize how calls are processed within an ASTRO 25 IV&D IP Digital Simulcast subsystem. • Perform maintenance and troubleshooting of select components in an ASTRO 25 IV&D IP Digital Simulcast subsystem. Course Modules: Module 1: Course Introduction Module 2: Repeater Site 2-1: Simulcast Review 2-2: IP Simulcast with GTR 8000 Subsystem Overview 2-3: Site Configurations 2-4: IP Simulcast — Integrated Voice and Data Module 3: GCP 8000 Site Controller 3-1: GCP 8000 Overview 3-2: GCP 8000 Physical Description 3-3: GCP 8000 Configuration 3-4: GCP 8000 Diagnostics and Troubleshooting Module 4: GTR 8000 Comparator 4-1: GCM 8000 Overview 4-2: GCM 8000 Physical Description 4-3: GCM 8000 Configuration Exhibit B-3 Page 108 EXHIBIT `B-3" - City of Delray Beach Scope of Work 4-4: GCMDiagnostics and Troubleshooting Module 5: IP Simulcast Network 5-1: Ethernet LAN Switches 5-1.1: Ethernet Switch — Overview 5-1.2: Ethernet Switch — Physical Description 5-1.3: Ethernet Switch —Configuration 5-1.4: Ethernet Switch —Diagnostics and Troubleshooting 5-2: Prime Site Routers/Gateways 5-2.1: Prime Site Routers/Gateways — Overview 5-2.2: Prime Site Routers/Gateways — Physical Description 5-2.3: Prime Site Routers/Gateways — Configuration 5-2.4: Prime Site Routers/Gateways — Diagnostics and Troubleshooting 5-3: Remote Site Routers/Gateway 5-3.1: Remote Site Routers/Gateway —Overview 5-3.2: Remote Site Routers/Gateway — Physical Description 5-3.3: Remote Site Routers/Gateway — Configuration 5-3.4: Remote Site Routers/Gateway — Diagnostics and Troubleshooting Module 6: TRAK 9100 Site Reference 6-1: TRAK 9100 Site Reference Overview 6-2: TRAK 9100 Site Reference Physical Description 6-3: TRAK 9100 Site Reference Installation and Configuration 6-4: TRAK 9100 Site Reference Diagnostics and Troubleshooting Module 7. GTR 8000 Base Radio Subsystem 7-1: GTR 8000 Base Radio Subsystem Overview 7-2: GTR 8000 Base Radio Subsystem Physical Description 7-3: GTR 8000 Base Radio Subsystem Configuration 7-4: GTR 8000 Base Radio Subsystem Diagnostics and Troubleshooting Module 8: Simulcast Subsystem Maintenance and Troubleshooting 8-1: Maintenance and Troubleshooting Overview 8-2: Troubleshooting Tools 8-3: Device Fault Management 8-4: Troubleshooting Process 8-5: Troubleshooting Site Links 8-6: Motorola Support Centers ASTRO® 25 IV&D GTR8000 Repeater Site Workshop ACS714208 Duration: 3 days Delivery Method. IL — Instructor -led training Target Audience: GTR 8000 Site Technicians Exhibit B-3 Page 109 EXHIBIT `B-3" - City of Delray Beach Scope of Work Course Synopsis: This workshop describes the components in the ASTRO 25 IV&D System Repeater Site with GTR 8000 expandable site subsystem. This course also presents how the GTR 8000 expandable site subsystem operates and explains the tools and methods available for troubleshooting components within the subsystem. Prerequisite: Completion of the following courses or equivalent experience: • Bridging the Knowledge Gap for Technicians (ACT] 00) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (NWT003) Select one of the following depending on system supporting: • ASTRO 25 IV&D with M Core System Overview (ACS714200) • ASTRO 25 IV&D with L Core System Overview (ACS714430) • ASTRO 25 IV&D Introduction to Radio System Management Applications (ACS713201) Course Objectives: After completing the course, the participant will be able to: • Describe the ASTRO 25 IV&D Repeater Site with GTR 8000 Expandable Site Subsystem configurations and components. • Identify the GCP 8000 Site Controller functions and configuration requirements. • Describe the connections and interfaces to the GCP 8000. • Diagnose and troubleshoot the GCP 8000. • Describe the functionality of the GTR 8000 Expandable Site Subsystem. • Configure and troubleshoot the ASTRO 25 Repeater Site with GTR 8000 Expandable Site Subsystem. • Configure and troubleshoot the Network Transport subsystem. Course Modules: Module 1: Course Introduction Module 2: GTR 8000 Repeater Site 2-1: GTR 8000 Repeater Site Overview 2-2: Operational Modes 2-3: Site Configurations 2-4: Site Components 2-5: Time Synchronization and Frequency Reference Test Your Understanding Exercise Module 3: GCP 8000 Site Controller 3-1: GCP 8000 Overview 3-2: GCP 8000 Physical Description 3-3: GCP 8000 Configuration 3-4: GCP 8000 Diagnostics and Troubleshooting Test Your Understanding Exercise Exhibit B-3 Page 110 EXHIBIT `B-3" - City of Delray Beach Scope of Work Module 4: GTR 8000 Expandable Site Subsystem 4-1: GTR 8000 Expandable Site Subsystem Overview 4-2: GTR 8000 Expandable Site Subsystem Theory of Operation 4-3: GTR 8000 Expandable Site Subsystem Configuration 4-4: GTR 8000 Expandable Site Subsystem Diagnostics and Troubleshooting Test Your Understanding Exercise Module 5: Radio Frequency Distribution System (RFDS) 5-1: RFDS Overview 5-2: RFDS Physical Description 5-3: RFDS Configuration 5-4: RFDS Diagnostics and Troubleshooting Test Your Understanding Exercise Module 6: Network Transport Subsystem 6-1: Network Transport Subsystem Overview 6-2: Ethernet Switch Diagnostics and Troubleshooting 6-3: Site Gateways 6-4: Gateway Diagnostics and Troubleshooting Test Your Understanding Exercise Module 7. GTR 8000 Site Maintenance and Troubleshooting 7-1: Troubleshooting Tools 7-2: Troubleshooting Methodology 7-3: Troubleshooting Repeater Site Link 7-4: Motorola Support Centers MCC 7000 Series Dispatch Consoles Overview CON014 Duration: I hour Delivery Method. OLT — Online training Target Audience: System Administrators and Console Technicians Course Synopsis: This course provides an overview of the MCC 7000 series of Dispatch Consoles. It includes a description of the features and illustrations of subsystem architecture options. Descriptions of subsystem components and illustrations of signal flow and call processing are also included. Prerequisite: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap (ACT100 E or ACT] 01-E) • Networking Essentials in Communication Equipment (NST762) Exhibit B-3 Page 111 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Advanced Networking in Motorola Communications Equipment (NWT003) Required. Select the System Overview specific to your ASTRO 25 IV&D Core: • ASTRO 25 IV&D with M Core System Overview (ACS714200) • ASTRO 25 IV&D Conventional with M Core System Overview (ACS714420) • ASTRO 25 IV&D with L Core System Overview (ACS714430) • ASTRO 25 IV&D Conventional with K Core System Overview (ACS714400) • ASTRO 25 IV&D Introduction to Radio System Management Applications (ACS713201) Course Objectives: After completing the course, the participant will be able to: • Describe the features of MCC 7000 series of Dispatch Consoles. • Explain various system architectures for Dispatch Console subsystems. • Describe system components in a Dispatch Console subsystem. • Describe the signal flow of call processing from a Dispatch Console. Course Modules: Module 1: Course Introduction Module 2: Console Architectures 2-1: Introduction 2-2: Co -located Console Sites 2-3: Remote Console Sites 2-4: CENTRACOM Interoperability 2-5: Dispatch Console Subsystem 2-6: Conventional Configurations Module 3: Console Subsystem Components 3-1: Introduction 3-2: Console Operator Position 3-3: MCC 7500 with GPIOM 3-4: MCC 7500 with Voice Processing Module (VPM) 3-5: MCC 7100 3-6: Logging System 3-7. Console Alias Manager - MKM 7000 3-8: Auxiliary UO Server 3-9: Conventional Channel Gateway 3-10: Conventional Site Controller Module 4: Console Features 4-1: Capacity 4-2: Example of Console Functions 4-3: Administrator and Dispatcher Applications 4-4: Over -the -Ethernet Keying (OTEK) Exhibit B-3 Page 112 EXHIBIT `B-3" - City of Delray Beach Scope of Work Module 5: Call Processing 5-1: Introduction 5-2: Link Op 5-3: Call Request 5-4: Call Setup 5-5: Call Grant 5-6: Audio Routing 5-7. Call Continuation or Teardown MCC 7000 Series Dispatch Consoles Workshop CON012 Duration: 4 Days Delivery Method. ILT — Instructor -led training Target Audience: System Administrators and Console Technicians Course Synopsis: This course familiarizes participants with the installation, configuration, management and repair of MCC 7000 Series IP dispatch consoles. It also covers Archiving Interface Servers, AUX I/O servers, and Conventional Channel Gateways. The focus is on a detailed discussion of console hardware and hands-on activities with the installation and configuration of the MCC 7000 Series IP dispatch consoles. Prerequisite: Completion of the following courses or equivalent knowledge: • Bridging the Knowledge Gap (ACT]00-Eor ACT] 01-E) • Networking Essentials in Communication Equipment (NST762) • Advanced Networking in Motorola Communications Equipment (NWT003) Required. MCC 7000 Series Console Overview (CON014) • ASTRO 25 IV&D with M Core System Overview (ACS714200) • Introduction to Radio System Management Applications (ACS713201) Course Objectives: After completing the course, the participant will be able to: • Install and configure the hardware and software components of the MCC 7000 Dispatch Console Subsystem • Perform MCC 7000 Series site connectivity and bandwidth management • Perform System Administrator functions using the Elite Administrator software Exhibit B-3 Page 113 EXHIBIT `B-3" - City of Delray Beach Scope of Work • Troubleshoot installation and configuration problems for the MCC 7000 Series Dispatch Consoles Lab Requirements: AIS • A UX UO servers • Network Management Terminals at a ratio of I for every 4 students to ensure proper hands-on training Course Modules: Module 1: Course Introduction Module 2: Dispatch Console Overview 2-1: Features 2-2: System Views 2-4: Call Processing Module 3: Dispatch Console Hardware 3-1: Dispatch Console Configuration Module 4: AUX I/Os 4-1: Auxiliary Inputs/Outputs (Aux I/Os) Module 5: Conventional Communication 5-1: Conventional Communication Module 6: Domain Controllers 6-1: Domain Controllers and Active Directory Module 7: Administrator Functions 7-1: Editing Current Configurations 7-2: Setting Up Folders and Resources 7-3: Setting Up Auxiliary I/Os 7-4: Configuring Toolbars 7-5: Editing Preferences 7-6: Auto Starting the MCC 7500 Dispatch Console 7-7: Setting up Inbound Event Display 7-8: MKM 7500 Console Alias Manager Module 8: Troubleshooting 8-1: Troubleshooting with UEM 8-2: Troubleshooting MCC 7000 Series Components Exhibit B-3 Page 114 EXHIBIT `B-3" - City of Delray Beach Scope of Work 9. SYSTEM DOCUMENTATION REQUIREMENTS The system documentation requirements for the City shall follow the County's system documentation requirements as detailed in Exhibit B, Section 12, System Documentation Requirements. Motorola Response: Fully Compliant Per the requirements of the RFP Motorola has provided system documentation on the following pages. Exhibit B-3 Page 115 EXHIBIT `B-3" - City of Delray Beach Scope of Work 10. WARRANTY AND MAINTENANCE REQUIREMENTS The warranty and maintenance requirements for the City shall follow the County's warranty and maintenance requirements as detailed in Exhibit B, Section 13, Warranty and Maintenance Requirements. Motorola Response: Fully Compliant Exhibit B-3 Page 117 EXHIBIT `B-3" - City of Delray Beach Scope of Work 11. SYSTEM UPGRADES AND TECHNOLOGY REFRESHES The system upgrades and technology refresh requirements for the City shall follow the County's system upgrades and technology refresh requirements as detailed in Exhibit B, Section 14, System Upgrades and Technology Refreshes. Motorola Response: Fully Compliant Exhibit B-3 Page 119 EXHIBIT `B-3" - City of Delray Beach Scope of Work 12. SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE The substantial completion and final completion requirements for the City shall follow the County's substantial completion and final completion requirements as detailed in Exhibit B, Section 15, Substantial Completion and Final Completion. Motorola Response: Partially Compliant Once Motorola successfully completes the acceptance tests, warranty will commence when the City uses the system for its operational purposes (other than training and testing). Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. Exhibit B-3 Page 121 EXHIBIT `B-3" - City of Delray Beach Scope of Work 13. PAYMENTS The payment schedule for the City shall follow the County's payment schedule as detailed in Exhibit B, Section 16, Payment Schedule. Motorola Response: Partially Compliant. Please see responses to Section 16 of Exhibit B below: 16.1 PAYMENT SCHEDULE Motorola Response: Partially Compliant If awarded, Motorola and the County will negotiate a mutually agreed upon payment schedule. 16.2 PAYMENT PROCEDURES Motorola Response: Partially Compliant If the County withholds payment pending the disposition or settlement of a claim, Motorola will stop work until payment resumes. The parties will need to discuss the consequences of this event. If the County pays, Motorola will need to review and approve the need for the County to have taken such action prior to Motorola's agreement to reimburse the County. Exhibit B-3 Page 123 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-335, Version: 1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: December 8, 2015 REQUEST FOR ASSIGNMENT/SOUTHERN WASTE SYSTEMS, LLC TO WASTE MANAGEMENT, INC. Recommended Action: Motion to APPROVE OR DENY with conditions (Commission discretion) pursuant to Section 55 of the franchise agreement the assignment of the Delray Beach solid waste and recyclable collection franchise agreement from SWS to WMIF. Background: Southern Waste Systems, LLC. (SWS) and Waste Management, Inc. of Florida (WMIF) have jointly applied for the assignment of the franchise agreement from SWS to WMIF to occur no later than April 30, 2016. They have submitted the attached documents as part of that process and paid the required $20,000 application fee. This request is made pursuant to Section 55 "ASSIGNMENT OF THE AGREEMENT" of the franchise agreement and Section 56 "TRANSFER OF THE AGREEMENT" which would also apply in this case due to the transfer of ownership of assets from SWS to WMIF. Section 55.1 provides that any assignment of the franchise agreement cannot take place without the written approval of the City of Delray Beach (City). The city has the right to approve or deny without cause any proposed or actual assignment of the franchise. However, Section 32.4 requires the city must act reasonably when considering a transfer. Per Section 55.2, if the City does not approve the assignment, the contractor (SWS) remains obligated to provide service per the franchise agreement. This may not be practical based upon a sale of the company. Per Section 55.3, if the assignment is approved, then WMIF would be obligated to follow the existing franchise agreement and pricing structure for the life of the franchise. Per Section 56, the City may increase the required performance bond or other insurance requirement in order to insure compliance with the franchise agreement (proposed bond #58725464 is in amount of 2 million dollars). If Commission approves the assignment, all obligations under the franchise agreement will become the responsibility of WMIF, including exhibit 13 which describes enhanced services. City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File M 15-335, Version: 1 The proposed assignment further provides that WMIF will assume all obligations of SWS which precede the date of the consent of the assignment. WMIF has stated they intend to utilize the equipment and frontline staff of SWS to continue to provide service to the City of Delray Beach. WMIF has provided information as to their ability to provide the service to the City and the financial resource pursuant to the requirements of Section 56. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ j WASTE MANAGEMENT Donald B. Cooper City Manager of Delray Beach 100 N.W. Ist Avenue Delray Beach, Florida 33444 Dear Mr. Cooper: c+3 t5necycling V07 7zra wava , Southern Waste Systems November 6, 2015 Pursuant to the Exclusive Franchise Agreement between City of Delray Beach, Florida and Southern Waste Systems, LLC for the Collection of Solid Waste acid Recyclable Materials dated March 9, 2015 (the "Agreement"), Southern Waste Systems, LLC ("SWS") and Waste Management, Inc. of Florida ("WMIF") hereby jointly apply for the City of Delray Beach, Florida (the "Delray Beach") to approve the transfer of the Agreement from SWS to WMIF. WMIF agrees that it will comply with and assume all obligations and requirements of the Agreement. WMIF will also agree to be responsible for all obligations to the City under the Agreement that precedes the date of the transfer (from the commencement date of the Agreement). WMIF's commitment to comply with the requirements of the Agreement includes, without Iimitation, the obligations set forth in Exhibit 13 to the Agreement. WMIF, SWS and SWS's affiliate Sun Recycling, LLC have entered into a transaction in which WMIF is acquiring SWS's assets. Among the assets of SWS that WMIF is acquiring is the vehicles and equipment SWS utilizes to provide services to Delray Beach. WMIF intends to utilize the SWS vehicles and equipment and to continue to employ SWS's frontline operations employees providing services to Delray Beach who pass WMIF's background and drug screening and were not former employees of WMIF who were terminated for cause. In addition to the SWS equipment and personnel that are currently providing service to Delray Beach, WMIF's extensive network of equipment and personnel will be available to supplement the current resources as may be needed. WMIF's Palm Beach Hauling Office is fully staffed with 24-hour vehicle maintenance capability. WMIF has approximately 125 employees in its Palm Beach County office. Because of this, the transition from SWS to WMIF will be seamless. Moreover, this transition plan will help ensure that WMIF continues to provide Delray Beach with the highest quality of service that it has received for the years that both WMIF and SWS served the city. WMIF served Delray Beach in the collection of solid waste from 2003-2015. WMIF would be privileged to again serve as Delray Beach's partner to maintain a clean and safe city. WMIF's workforce is its greatest asset and safety has always been WMIF's core value. WMIF has the best safety record in the industry, and among all W1VIlF Divisions, Florida's Palm Beach District is one of the company's standouts. ' W1VIIF will further continue to be ingrained in Delray Beach's non -for profit life. In addition to complying with SWS's obligations under Exhibit 13 to the Agreement, WMIF will continue to be a reliable supporter of a multitude of wide-ranging events in the community. Past examples of WMIF's involvement in Delray Beach include: school drives in Pompey Park and at the Toussaint L'Ouverture School for Arts and Social Justice, to Chamber events such as the 4th of July Celebration or the Luminary Gala. Pursuant to Section 56 of the Agreement, this Application together with its exhibits contain the same type of information about WMIF that was provided by both WMIF and SWS during the RFP process that resulted in the City granting the franchise to SWS. Where appropriate, WMIF has utilized the format of the previous RFP forms as exhibits. The information contained therein either remains accurate or has been updated to reflect current information. The attached exhibits demonstrate that WMIF has the financial resources, expertise, personnel, equipment and other capabilities necessary for WMIF to comply with all of the requirements of the Agreement. A non-refundable application fee in the amount of Twenty Thousand Dollars ($20,000) is being delivered together with this Application. Over the last several years that WMIF held the Delray Beach franchise, WMIF instituted a monthly meeting with City Staff ("Delray Working Group") in order to address any issues that may have occurred and in order to work together to achieve, an accurate accounting of franchise fees paid and to be paid under the Agreement. Monthly spot audits of accounts are part of these meetings. WMIF found that the Delray Working Group was a very productive and collaborative effort between VR,,4W and the City and avoided any misunderstanding or misinformation that may have occurred in previous years. WMIF intends to re -institute the Delray Working Group upon the City approving the assignment of the Agreement. In addition, at the time that the billing is to be transitioned to WMIF, the City's Finance Department will be invited to participate in that process in order to ensure a collaborative and error free approach. WMIF looks forward to the Delray Beach's favorable consideration of the Application. Delray Beach is a star among localities and attractive to visitors. We hope Delray Beach approves this Application so that WMIF again has the opportunity to provide world class service to Delray Beach, to support Delray Beach's tourism industry and residents' desires to remain clean and safe. WMIF's Palm Beach District Office, located at 651 Industrial Way, Boynton Beach, FL, would be the service and administration office in the event the Agreement is transferred to W1VIIF. f If you need any additional information as part of your review of this Application, please feel free to contact us. We respectfully request that this Application be considered by the Delray Beach City Commission at its meeting on December 1, 2015. Respectfully yours, SOUTHERN WASTE SYSTEMS, LLC By: Charles Gusman, Prom ent 2380 College Avenue Davie, FL 33317 Phone Number (954) 615-4139 CC: Noel Pfeffer, Esq. City Attorney of Delray Beach WASTE MANAGEMENT, INC. OF FLORIDA By—'I"isnothM Ftawkins, President 2700 Wiles Road Pompano Beach, FL 33073 Phone Number (954) 984-2.035 ASSIGNMENT OF EXCLUSIVE FRANCHISE AGREEMENT THIS ASSIGNMENT of EXCLUSIVE FRANCHISE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND SOUTHERN WASTE SYSTEMS, LLC FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS, (the "Assignment"), dated this day of December, 2015, is made by and between SOUTHERN WASTE SYSTEMS, LLC, a Florida limited liability company ("ASSIGNOR"), and WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation ("ASSIGNEE"). 12191W.1350. M - ASSIGNOR is the Contractor pursuant to that certain Exclusive Franchise Agreement between City of Delray Beach, Florida ("City") and Assignor for the Collection of Solid Waste and Recyclable Materials dated as of March 9, 2015 (the "Franchise Agreement"). ASSIGNOR desires to assign its interest in the Franchise Agreement to ASSIGNEE, and ASSIGNEE desires to accept such assignment of the Franchise Agreement from ASSIGNOR. ASSIGNOR and ASSIGNEE by joint application dated November 6, 2015 requested City consent to the transfer of the Franchise Agreement from ASSIGNOR to ASSIGNEE in accordance with the terms of the Franchise Agreement. ASSIGNOR and ASSIGNEE affit-m each of the representations made in the joint application. NOW, THEREFORE, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The above recitals are true and correct. 2. This Assignment shall be effective the day after the closing of the pending transaction (the "Effective Date") between ASSIGNOR and ASSIGNEE which shall occur no later than April 30, 2016. The City shall be given written notice by the parties that the transaction has closed and that this Assignment is effective. This Assignment shall expire in the event the transaction does not close on or before April 30, 2016, 3. ASSIGNOR hereby assigns to ASSIGNEE all of ASSIGNOR's right, title and interest in and to the Franchise Agreement from and after the Effective Date of this Assignment. 3. ASSIGNEE hereby accepts the assignment of the Franchise Agreement from ASSIGNOR, and ASSIGNEE agrees to be bound by all of the contractual duties, responsibilities, obligations and liabilities of the Contractor under the Franchise Agreement from and after the Effective Date of this Assignment. 4. ASSIGNEE agrees that it shall be fully responsible for, and assume all contractual duties, responsibilities, obligations and Iiabilities of ASSIGNOR to the City arising under the Franchise Agreement that precede the Effective Date of this Assignment. IN WITNESS WHEREOF, the parties have executed this Assignment on the date and year first above written. ASSIGNOR: SOUTHERN WASTE SYSTEMS, LLC, a Florida limited liability company Witness By: Name: Witness Title: STATE OF FLORIDA ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of December, 2015 by as of SOUTHERN WASTE SYSTEMS, LLC, a Florida corporation. He [ ] is personally known to me or [ ] has produced as identification. . NOTARY PUBLIC My commission expires: ASSIGNEE: WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation Witness By: Witness STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) Naive: Title: The foregoing instrument was acknowledged before me this day of December, 2015 by , as of WASTE MANAGEMENT INC OF FLORIDA, a Florida corporation. He [ ] is personally known to me or [ ] has produced as identification. NOTARY PUBLIC My commission expires: CONSENT OF CITY OF DELRAY BEACH, FLORIDA THE CITY OF DELRAY BEACH, FLORIDA ("City"), a municipal corporation organized and existing under the laws of the State of Florida, hereby consents to the foregoing Assignment of Exclusive Franchise Agreement, and consents to the substitution of Assignee for Assignor for all purposes under the Franchise Agreement, including for purposes of receiving any and all payments thereunder. CITY OF DELRAY BEACH, FLORIDA, by and through its City Commission Attest: Chevelle D. Nubin, City Cleric Cary Glickstein, Mayor day of December, 2015 Approved as to form and legal sufficiency Noel M. Pfeffer, City Attorney day of December, 2015 (CITY SEAL) nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-331, Version: 1 TO: Mayor and Commissioners FROM: Donald B. Cooper, City Manager DATE: December 8, 2015 RESOLUTION NO. 79-15 - COMMUNITY REDEVELOPMENT AGENCY LINE OF CREDIT Recommended Action: Motion to Approve Resolution No. 79-15 authorizing the CRA to borrow Three Million Three Hundred Thousand Dollars ($3,300,000.00) in tax increment bonds. Background: The CRA is requesting approval pursuant to Florida Statutes to borrow a maximum of Three Million Three Hundred Thousand Dollars ($3,300,000.00) which will mature in 2023. This borrowing is in two components: 1.3 million dollars from the 2012 line of credit (LOC) which is the amount remaining on that particular issue and a new money issue of 2 million (2015 LOC). Both of these issues are in the forms of lines of credit and may or may not be fully utilized prior to maturity. They are interest only for the next three years at a rate of 2.78% and mature in 2023. The need for the issue is to cover expected shortfalls due to the Old Library Site sale not being completed as expected and added costs on some projects. The requested LOC will allow the CRA to proceed with its budget and cover those temporary shortfalls. The proposed debt is not guaranteed by the City of Delray Beach. Additional backup material is attached including request for placement on agenda (Attachment A -11/20/15), CRA Board summary information (Attachment B -11/19/15) and term sheet from City National bank (Attachment C - 11 /17/15). City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. Timing of Request: This item is time sensitive as the closing is set to take place by the end of this month. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT"^ RESOLUTION NO. R-79-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "AGENCY") TO ISSUE TAX INCREMENT REDEVELOPMENT REVENUE BONDS, IN ONE OR MORE SERIES (THE "BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED THREE MILLION THREE HUNDRED THOUSAND DOLLARS ($3,300,000) TO BE OUTSTANDING FROM TIME TO TIME PURSUANT TO ONE OR MORE REVOLVING LINES OF CREDIT UPON TERMS HEREINAFTER DESCRIBED; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS NECESSARY TO ASSIST THE AGENCY IN THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 46-85 (as amended and supplemented) enacted by the City Commission of the City of Delray Beach, Florida (the "City Commission") as the governing body of the City of Delray Beach, Florida (the "City"), the Delray Beach Community Redevelopment Agency was created; and WHEREAS, the City Commission has been requested pursuant to the terms of Resolution No. 2015-18 adopted by the Board of Commissioners (the "Board") of the Delray Beach Community Redevelopment Agency (the "Agency") on November 19, 2015 (the "Agency Requesting Resolution") to authorize the issuance of the Agency's Tax Increment Redevelopment Revenue Improvement Bonds, in one or more series (the "2015 Bonds") pursuant to Section 163.385, Florida Statutes, in the aggregate principal amount of not to exceed Two Million Dollars ($2,000,000) to be outstanding from time to time pursuant to a revolving line of credit, said Bonds to be sold at private sale to City National Bank of Florida (the "Bond Purchaser") upon terms and conditions determined appropriate and acceptable to the Agency and consistent with the Bond Purchaser's commitment to purchase the 2015 Bonds (the "Commitment"); and WHEREAS, the City Commission has been further requested by the Agency pursuant to the terms of the Agency Requesting Resolution to authorize the issuance of Tax Increment Redevelopment Revenue Improvement Bonds, Series 2012 (the "2012 Bonds") in the aggregate principal amount of $1,300,000, pursuant to Resolution No. R-2012-04 adopted by the Board on March 8, 2012 and that certain Revolving Line of Credit Agreement dated as of March 11, 2012 with the Bond Purchaser; and WHEREAS, the City Commission has been further requested by the Agency to authorize that the final maturity of the 2012 Bonds to be issued and already outstanding be extended to October 1, 2023 and extend the interest only period for a period that will end on October 1, 2018; RESOLUTION NO. R-79-15 WHEREAS, the City Commission deems it appropriate and in the public's interest to authorize and approve the issuance and sale to the Bond Purchaser of the Agency's 2012 Bonds and 2015 Bonds for the purpose of funding the development and implementation of certain redevelopment projects provided for in the Agency's Community Redevelopment Plan, as the same exists from time to time and to authorize and approve the above-described modifications to the 2012 Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: All of the above recitals are true and correct. Section 2: The terms and provisions of the Commitment of the Bond Purchaser are hereby approved and accepted. Section 3: That pursuant to Section 163.385, Florida Statutes, the Agency is hereby authorized to issue and sell, on a negotiated basis to the Bond Purchaser, pursuant to the terms and provisions of the Commitment of the Bond Purchaser and resolutions of the Agency reflecting the terms of such Commitment and other provisions deemed appropriate by the Agency and the Bond Purchaser, the Agency's 2012 Bonds in the aggregate principal amount of not to exceed One Million Three Hundred Thousand Dollars ($1,300,000) to be outstanding from time to time pursuant to Agency's existing revolving line of credit agreement provided by the Bond Purchaser and the Agency is hereby further authorized to issue and sell, on a negotiated basis, to the Bond Purchaser and resolutions of the Agency reflecting the terms of the Commitment relating thereto, and other provisions deemed appropriate by the Agency and the Bond Purchaser, the Agency's 2015 Bonds in the aggregate principal amount of not to exceed Two Million Dollars ($2,000,000) to be outstanding from time to time pursuant to a revolving line of credit agreement provide by the Bond Purchaser. Section 4: The Agency is hereby authorized to execute in its corporate capacity, in its discretion, such documentation as it deems necessary and appropriate to complete the issuance and sale of said Bonds. Section 5: The Mayor, the City Manager, the Chief Operating Officer, the Treasurer and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. [Remainder of page intentionally left blank.] 2 RESOLUTION NO. R-79-15 Section 6: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 8t' day of December, 2015. ATTEST: in City Clerk The foregoing resolution is hereby approved by me as to form this day of November, 2015. in City Attorney W PB/383614291v5/999903.426594 CITY OF DELRAY BEACH, FLORIDA Mayor RESOLUTION NO. R-79-15 �EVECOp� 1� I`BEAfi'`r November 20, 2015 Mr. Donald Cooper City Manager 100 NW 1" Avenue Delray Beach, FL 33444 RE: CRA Application Line of Credit Dear Mr. Cooper, ATTACHMENT A (1 of 1) On March 30, 2012, the Community Redevelopment Agency ("CRA") entered into a Revolving Line of Credit Agreement with the City National Bank whereby the Agency was authorized to draw up to Four Million Dollars ($4,000,000) to fiend certain public improvement projects. The 2012 Bonds currently mature October 1, 2017 and the final draw date was the third anniversary from March 30, 2012 (March 30, 2015). The CRA has drawn down $2,612,225 and $1,387,775 was not utilized; as projects were delayed. As you are aware, during the finalization of the CRA's FY 2015-16 budget, it became apparent that the CRA revenues anticipated from the sale of the Old Library Site $3,600,000 would not occur in FY 2015-16, which will impact the CRA's ability to fund other projects and programs scheduled for FY 2015-16. CRA Staff has been working with City National Bank to modify the loan payment schedule to enable the CRA to continue to pay interest only for the next 3 years. Modifying the repayment terms will enable the CRA to draw the approximately $1,300,000 balance under the 2012 Revolving Agreement, and to extend the interest only period for repayment of the 2012 Bonds an additional three (3) years. This accommodation by City National Bank will result in an increase of the fixed interest rate from 2.1% to 2.78%. In addition to now being able to draw upon the $1,300,000 in order to provide for the funding of certain projects, City National Banlc will make available to the CRA an additional revolving line of credit in the amount of $2,000,000. The loan modifications will also extend the maturity until October 1, 2023, On November 19, 2015, the CRA Board approved CRA Resolution No. 2015-18, asking the City Commission to authorize the issuance of $2,000,000 in tax increment redevelopment bonds by the Delray Beach CRA and to authorize the issuance of additional 2012 Bonds in the principal amount of $1,300,000. Please accept this correspondence as a written request to place this item on the agenda for the December 8, 2015 City Commission meeting, as the CRA intends to close on the financing by the end of December. If you have any questions, please feel free to call >ne at 561-276-8640. Thank you for your consideration and assistance in helping the CRA move forward with its redevelopment initiatives. Sinc rvstelto�d( J Executive Director cc: Lori Hayward, CRA Finance and Operations Director 20 North Swinton Avenue i~ Delray Beach, Florida 33444 Phone: 5611276-8640 Fax: 5611276-8558 0wvw.deiraycra.org ATTACHMENT B Oo6f 2) Agenda Item # November 19, 2015 20 N. Swinton Avenue Delray Beach, FL 33444 CRA BOARD SUMMARY M AUTHORIZATION FOR THE CRA TO NEGOTIATE A $2,000,000 TAX EXEMPT LINE OF CREDIT WITH CITY NATIONAL BANK AND ADOPTION OF RESOLUTION NO. 2015-18 REQUESTING THE DELRAY BEACH CITY COMMISSION TO AUTHORIZE THE ISSUANCE OF TAX INCREMENT REDEVELOPMENT REVENUE BONDS At its meeting of March 6, 2012, the City Commission approved Resolution No. 2013-12 authorizing the Community Redevelopment Agency (CRA) to issue Tax Increment Redevelopment Bonds not to exceed $4,000,000.00 to fund certain projects. On March 8, 2012, the CRA Board approved Resolution No. 2012-04 and related documents authorizing the issuance of the Series 2012 Bonds of the Delray Beach CRA in the amount of $4,000,000 and awarding such 2012 bonds to City National Bank. The 2012 bonds constitute a revolving line of credit with City National Bank. The interest rate is 2.10%, to be charged to the outstanding balance. Payments have been made to the bank semi-annually (October 1St and April 1St, starting October 1, 2012). The CRA was able to draw the funds until the third (3`d) anniversary of the Closing Date (March 12, 2015). The funds must be used for public projects and property acquisitions for public projects in order to ensure that the interest earned on the bonds is not subject to federal income tax. If this stipulation is not adhered to and the bonds become taxable, the CRA will be subject to an increase in the interest paid on the funds, as well as payment of additional taxes and applicable penalties. The CRA has drawn down $2,612,225 and $1,387,775 was not utilized. During the finalization of the CRA's FY 2015-16 budget, it became apparent that the CRA revenues anticipated from the sale of the Old Library Site $3,600,000 will not occur in FY 2015-16, which will impact the CRA's ability to fund other projects and programs scheduled for FY 2015-16. One of these projects includes $2.8 million involving the adaptive reuse of the CRA -owned warehouse, located at 313 NE 3`d Street in the Pineapple Grove Arts District, to an Arts Incubator. During the preparation of the budget, the Board acknowledged having to borrow the funds to finance several projects. It is noted that during the budget presentation at the CRA Board on September 29th that the CRA is scheduled to begin principal payments on the loan, which would also affect the CRA's cash flow for this fiscal year. Given the circumstances, the Board authorized the Board Chair, Vice Chair and Executive Director to sign any necessary documentation associated with the line of credit modification. Therefore, staff has been working with City National Bank to modify the loan payment schedule to enable the CRA to continue to pay interest only for the next 2 years. Modifying the repayment terms will enable the CRA to utilize the $1.3 million balance on the existing Line of Credit. This would result in an increase of the interest rate from 2.1 % to 2.78%. The intent is to draw approximately $1,300,000 under the 2012 Revolving Agreement, to extend the interest only period for repayment of the 2012 Bonds an additional two (2) years and consequently extend the maturity of the 2012 Bonds until October 1, 2020. In addition to the $1.3 million, in order to provide for the funding of certain projects, the CRA intends to obtain an additional revolving line of credit in the amount of $2,000,000. Attached is the Term Sheet provided by City National Bank as it relates to this transaction, which includes: • In addition to the $1,300,000, a $2,000,000 revolving line of credit; • Draw period of 36 months • A low fixed rate of 2.78% • Interest only payments for 36 month draw period • No loan fees • No Prepayment Penalty • Maintain depository relationship with bank ATTACHMENT B (2 of 2) 2 It is anticipated that the credit line would be used initially to fund some the following projects, with the possibility of some deviation from this list depending upon construction schedules: 1. NW 12th Ave — Atlantic to MLK $700,0 (Drainage, landscaping lighting, sidewalks, irrigation; construct alley for access & rear parking) 2. SE 1St Street Mast Arm Traffic Signal (Replace span wire traffic signal Intersection of S Swinton Avenue and SEISW 1St Street) _$250'0 3. NE 3`d Ave/St $700,0 (Drainage, landscaping sidewalks, irrigation and decorative lighting) 4. MLK Jr. Drive —Phase II $320,0 (Landscape nodes, sidewalks, features commemorating Dr Martin Luther King, Jr) 5. SW 2nd Street Beautification Phase II (Resu cin_gSW 2"d Street from SW 2"d Ave -- SW 15th Ave)$200,0 .._ .._.w._ ,.... _ m_. _. 6. Merritt Park $450,0 (Replace sod, upgrade irrigation system, upgrade restrooms and additional parking) 7. Osceola Park Business Area $800,0 (SE 2nd St/Ave/Alley) ..... _._ .... 8. NE 2"d Ave/Seacrest Blvd Beautification (MPO Grant - $616,262) (Drainage, landscaping, lighting, sidewalks, irrigation)$800,0 The credit line structure would extend over a five year period. Draw -downs would be determined by the stages of projects and progress of the redevelopment projects. The CRA would repay the borrowed funds on a bi- annual basis. . The funds must be used for public projects in order to ensure that the interest earned on the bonds is not subject to federal income tax. If this stipulation is not adhered to and the bonds become taxable, the CRA will be subject to an increase in the interest paid on the funds, as well as payment of additional taxes and applicable penalties. The CRA must receive authorization from the Delray Beach City Commission to borrow funds. Attached is a resolution requesting that the City Commission authorize the CRA to issue tax increment redevelopment revenue bonds in a principal amount not to exceed $2,000,000 to be outstanding from time to time pursuant to a revolving line of credit, and extension of the maturity of the CRA's outstanding 2012 bonds in the principal amount not to exceed $1,300,000. A request has been submitted to place this item on the agenda for December 8, 2015 City Commission meeting, and notices have been sent to the various taxing authorities as required by Florida statutes. Recommended Action: 1) Authorize CRA staff to negotiate the terms and conditions with City National Bank related to the modification to the existing 2012 Revolving Line of Credit and the a 2015 Revolving Line of Credit in the amount of $2,000,000 both with a fixed interest rate of 2.78°/x. 2) Approve Resolution No. 2015-18 requesting that the City Commission to authorize the issuance of tax increment redevelopment revenue bonds in a principal amount not to exceed $2,000,000 to be outstanding from time to time pursuant to a revolving line of credit, and extension of the maturity of the CRA's outstanding 2012 bonds in the principal amount not to exceed $1,300,000. Submitted By: Jeffrey A. Costello Executive Director Attachments: City National Bank Term Sheet & Resolution 2015-18 ATTACHMENT C (1 of 4) 6 City N"ational Bank November 17, 2015 Mr, Jeff Costello Executive Director Delray Beach CRA 20 North Swinton Avenue Delray Beach, FL 33444 Dear Mr. Costello, City National Bank of Florida ("Bank") is pleased to provide you with the following Term Sheet which outlines the basic terms and conditions currently being contemplated for the proposed extension of credit to the below -referenced Borrower. The following is not a commitment to lend, but rather an expression of interest on behalf of the Bank. A final approval will be conditional on the Bank completing Its full underwriting and usual and customary due diligence processes. The terms and conditions outlined here are subject to change in whole or in part, and any formal conveyance of a final approval would be detailed in a formal commitment letter. We look forward to the opportunity to review this with you and to continue building a longterm relationship between our firms. Credit Approved Terms and Conditions BORROWER: Delray Beach Community Redevelopment Agency (the "Agency") AMOUNT, FACILITY TYPE & PURPOSE: This credit facility represents a modification of the existing non -revolving line of credit to allow the "Agency" to draw on the balance of the remainder of the original $4,000,000 line of credit and to advance an additional $2,000,000, bank -qualified, tax-exempt, non -revolving line of credit (the "Loan") to finance several approved, Community Redevelopment Agency infrastructure projects and property acquisitions, inclusive of closing/issuing costs. The draw Corporate Banking Division ATTACHMENT C (2 of 4) 4 City National Bank period for the modified, line of credit shall have a 36 -month duration, at which time, the outstanding balance on the line will have an additional repayment period of 60 months, to mature at the anniversary date in 2023. INTEREST RATE: The indicative interest rate shall be fixed at 2.78% for 8 Years from the date of closing. During the 36 month draw period, interest only payments will be due based on the outstanding principal balance on the line of credit. (Rate is held for 45 days from the date of this letter) - TERM: Approximately ninety-six (96) months from the time of closing. REPAYMENT: Interest only during the term of the draw period. Following the draw period, principal and interest to be paid seml-annually as follows: April 1st and October 1St of every year during the term of the loan, and shall be calculated on a 30/360 Day Count Basis, LOAN FEES: Waived out of courtesy. PREPAYMENT PENALTY: There shall be no prepayment penalty if the loan is paid in whole or in part, prior to maturity. COLLATERAL: The payment of the principal of and interest on the Loan shall be secured by a pledge of and lien upon the Agency's Tax Increment Revenues as provided In the Bond Resolution. All credit facilities shall be cross -collateralized and subject to a standard cross -default provision. CONDITIONS PRECEDENT: The Loan closing date shall be on or about December 31, 2015, The Law Offices of Steve Stanford, the Agency's Bond counsel, will prepare all financing documents and render the approving opinion. Bank counsel's role will be that of review only. There shall not have occurred, any material Corporate Banking Division ATTACHMENT C (3 of 4) �doj City National Bank adverse change of the Borrower's financial condition, prior to the closing of the Loan as determined by the Bank, in Bank's sole discretion. The Borrower's Bond counsel to issue an opinion that the extension of new funds and the extended draw period will not affect the tax exempt status of the 2012 Bonds, OTHER TERMS & REQUIREMENTS: 1) Borrower shall maintain a depository relationship with City National Bank with average balances of not less than $5,000,000 during the term of financing. 2) Loan to be set up on automatic debit from a City National Account. REPORTING REQUIREMENTS: a) Annual audited financial statements within 180 days from fiscal -year end. b) Annual Agency Approved Budget, submitted within 30 days from date of approval. EXPENSES: The Borrower agrees to pay all normal disbursement costs and fees of the Bank and the Borrower involved in this transaction (which are reasonable and customary and have actually been incurred), including but not necessarily limited to; recording costs, attorney fees for closing this Loan, and any and all other additional expenses or additional requirements reasonably imposed by the Bank or the Bank's counsel. By signing below, you hereby acknowledge reading and understanding all of the information disclosed above and receiving a copy of this notice on the date indicated - below. City National Bank is pleased to provide this term sheet proposal for your review. if the foregoing meets with your approval, please sign where indicated below and provide a signed copy of this term sheet. This term sheet and the provisions herein shall expire 45 business days from the date of this letter. Corporate Banking Division ATTACHMENT C (4 of 4) co'); City an Bank Thee n closed terms and conditions are subject to sank Counsel's continued review and approval up until closing. Sincerely, Sandra M. Birdsong Senior Vice -President City National Bank ACCEPTED on this day of 2015; Delray Beach Community Redevelopment Agency Title: tf This term sheet is confidential and proprietary In nature between the Bank and the Borrower. This term sheet, and the contents thereof, shall not be shared, distributed or disseminated in any form to any third party (including to any other potential lenders) without the express written consent of the Bank. Corporate Barkfiig Division RESOLUTION NO. 2015-19 A RESOLUTION AMENDING AND RESTATING RESOLUTION NO, 2015-18 ENTITLED "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "AGENCY") REQUESTING THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ("CITY COMMISSION") TO AUTHORIZE THE ISSUANCE OF TAX INCREMENT REDEVELOPMENT REVENUE IMPROVEMENT BONDS, IN ONE OR MORE SERIES, BY THE AGENCY (THE "BONDS") PURSUANT TO SECTION 163.385, FLORIDA STATUTES, IN A PRINCIPAL AMOUNT OF NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000) TO BE OUTSTANDING FROM TIME TO TIME PURSUANT TO A REVOLVING LINE OF CREDIT AGREEMENT WITH CITY NATIONAL BANK OF FLORIDA (THE "BANK"); REQUESTING THE CITY COMMISSION TO APPROVE THE EXTENSION OF THE MATURITY OF THE AGENCY'S OUTSTANDING TAX INCREMENT REDEVELOPMENT REVENUE IMPROVEMENT BONDS, SERIES 2012 (THE "2012 BONDS") FOR AN ADDITIONAL FIVE (5)YEARS AND REQUESTING THE CITY COMMISSION APPROVE THE ISSUANCE OF ADDITIONAL 2012 BONDS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) TO BE ISSUED PURSUANT TO AN EXISTING REVOLVING LINE OF CREDIT AGREEMENT WITH THE BANK; REQUESTING THE CITY OF DELRAY BEACH, FLORIDA TO AUTHORIZE THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS NECESSARY TO ASSIST THE AGENCY IN THE ISSUANCE OF SUCH BONDS; PROVIDING FOR EFFECTIVE DATE"; PROVIDING FOR A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida (the "City") has duly adopted its current Community Redevelopment Plan (the "Plan") for the community redevelopment area within its jurisdiction; and WHEREAS, pursuant to the Plan, the Delray Beach Community Redevelopment Agency (the "Agency") has developed a redevelopment schedule for the development, implementation and refinancing of certain projects which require funding from sources beyond the currently available funds received by the Agency; and WHEREAS, the Agency adopted Resolution No. 2015-18 on November 19, 2015 and it is hereby determined to be necessary to amend and restate such resolution in full; and WHEREAS, in order to provide for the funding of certain projects as provided for in the Plan as the same may exist from tirne to time, the Agency hereby determines that it is in the public's interest to issue, pursuant to a revolving line of credit, its Tax Increment Revenue Improvement Bonds in the aggregate principal amount outstanding from time to time of not to exceed Two Million Dollars ($2,000,000) (herein, the "2015 Bonds") pledging its tax increment revenues for the repayment of the 2015 Bonds; and WHEREAS, the 2015 Bonds will be sold to City National Bank of Florida (herein, the "Bank"), an existing Agency Creditor, which has proposed favorable terms to the Agency pursuant to the conditions set forth in such Bank's commitment (the "Commitment"); and WHEREAS, the 2015 Bonds will mature on October 1, 2023, unless earlier redeemed; and WHEREAS, the proceeds derived from the issuance of the 2015 Bonds will be used to finance certain redevelopment projects and pay the costs of issuing the 2015 Bonds; and WHEREAS, on March 30, 2012, the Agency entered into that certain Revolving Line of Credit Agreement (herein, the "2012 Revolving Agreement") with the Bank whereby the Agency was authorized to draw up to Four Million Dollars ($4,000,000) to fund certain public improvements; and WHEREAS, the Agency's obligations to pay back draws tinder the 2012 Revolving Agreement is evidenced by the Agency's Tax Increment Redevelopment Revenue Improvement Bonds, Series 2012 (the "2012 Bonds") issued pursuant to Resolution No. 2012-04 adopted by the Board of Commissioners of the Delray Beach Community Redevelopment Agency (the "Board") on March 8, 2012 (the "2012 Resolution"); and WHEREAS, the 2012 Bonds currently mature October 1, 2017 and the final draw date is the third anniversary from March 30, 2012; and WHEREAS, the Agency intends to draw approximately $1,300,000 under the 2012 Revolving Agreement, to extend the interest only period for repayment of the 2012 Bonds an additional three (3) years and consequently extend the maturity of the 2012 Bonds until October 1, 2023; and WHEREAS, the proceeds derived from the additional 2012 Bond proceeds will be used to finance certain redevelopment projects and pay the costs of issuing the 2012 Bonds; and WHEREAS, pursuant to Section I63,385, Florida Statutes, the City, as the governing body, may authorize by resolution or ordinance the Agency in its corporate capacity, and at its discretion, to issue tax increment redevelopment revenue bonds from time to time to finance and refinance the undertaking of any community redevelopment project pursuant to its Plan and pledging the anticipated assessed valuation of the completed community redevelopment area and such other revenues as are legally available. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: Section One. All of the above recitals are true and correct. Section Two. The City Commission of the City of Delray Beach, Florida, as the governing body of the City (the "City Commission"), is hereby requested to authorize the issuance of Tax Increment Redevelopment Revenue Improvement Bonds (the "2015 Bonds"), by the Delray Beach Community Redevelopment Agency (the "Agency") in the aggregate principal amount of not to exceed Two Million Dollars ($2,000,000) in 2015 Bonds to be outstanding from time to time pursuant to the terms and provisions of the Revolving Line of Credit Agreement. The 2015 Bonds shall mature on October 1, 2023 unless earlier redeemed. 1n addition, the City Commission is hereby requested by the Agency to authorize the issuance of additional 2012 Bonds in the principal amount of One Million Three Hundred Thousand Dollars ($1,300,000). The 2015 Bond and 2012 Bonds, subject to the City's authorization, shall be sold pursuant to private sale pursuant to the terms offered by the Bank determined by the Agency to be appropriate and acceptable to the Agency as evidenced by the Commitment of such Battle. All of the 2012 Bonds, issued and outstanding and to be issued, will have an extended interest period, which shall end two (2) years prior to October 1, 2020 and all of the 2012 Bonds issued pursuant to the 2012 Resolution and authorized to be issued by the City will mature on October 1, 2023. Section Three.Principal and interest on the 2015 Bonds and the 2012 Bonds (the "Bonds") will be payable from the Agency's tax increment revenues collected pursuant to the provisions of Section 163.387, Florida Statutes on parity with the Agency's outstanding indebtedness. Section Four. The Commission is hereby requested to authorize the proper City officials to do all other things necessary and within their power to assist the Agency in the issuance of the Bonds. Section Five. This Resolution amends and restates Resolution No .2015-18 in full. Any other resolution in contradiction of this Resolution in any respects is hereby repealed. Section Six. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 24`x' day of November, 2015. [SEAL] DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: N atm e: Title: ATTEST: By:— Name: Title: WPB/383613749v7/999903.42GS94 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-273, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, City Clerk Department THROUGH: Donald B. Cooper, City Manager DATE: December, 8, 2015 NOMINATIONS FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommended Action: Recommend nominations for appointment of three (3) regular members and two (2) alternate members to serve on the Code Enforcement board for three (3) year terms ending January 14, 2019. Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Vice Mayor Petrolia (Seat #1), Deputy Vice -Mayor Jacquet (Seat #2), Commissioner Katz (Seat #3) and Commissioner Jarjura (Seat #4). Background: The term for regular members, Mr. Jason Dollard, Mr. Kevin Homer, Mr. Ron Gilinsky and alternate member Ms. DeAnna Longo will expire on January 14, 2016. Mr. Jason Dollard, Mr. Kevin Homer, Mr. Ron Gilinsky will have served one (1) full term, are eligible, and would like to be nominated for reappointment. Ms. DeAnna Longo will have served one (1) unexpired term and would not like to be nominated for reappointment. In addition, there is a vacancy due to the resignation of alternate member Mr. Cory Duncan. Nominations for appointments are needed for three (3) regular members and two (2) alternate members to serve three (3) year terms ending January 14, 2019. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Regarding the current makeup of this board, the board is in need of an architect, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be nominated for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-273, Version: 1 Based on the rotation system, the nominations for appointment will be made by Mayor Glickstein (Seat #5), Vice Mayor Petrolia (Seat #1) and Deputy Vice Mayor Jacquet (Seat #2) for three (3) regular members to serve on the Code Enforcement Board for three (3) year terms ending January 14, 2019. Commissioner Katz (Seat #3) and Commissioner Jarjura (Seat #4) will make nominations for appointment for two (2) alternate members to serve three (3) year terms ending January 14, 2019. City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT" CODE ENFORCEMENT BOARD EXHIBIT A Applicants with experience in the professions required: Suzanne Donohue Real Estate Associate Pearl Elrod-Markfield Real Estate Associate (currently serving on the Affordable Housing Authority Committee) Dennis Guy Finance / Builder Noelle McIntyre Real Estate Associate Annlicants interested in bein-2 a LavAerson: Michael Caruso Certified Public Accountant (currently serving on the Police Advisory Board) LeAnne DeRigne Educator (currently serving on the Police Advisory Board) Jason Dollard Attorney / Incumbent Kevin Homer Home Insurance Consultant / Incumbent Ronald Gilinsky Linda Laurence -Leib Richard Sachs Peter Sclafani Samuel Spears Sales / Marketing / Incumbent Retired Educator Director / Insurance License Retired Executive Director Computer Consultant CODE ENFORCEMENT BOARD 11/15 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2016 Jason Dollard, Chair Attorney Layperson Unexp Appt 4/21/11 Reg Appt 01 /03/13 01/14/2016 Kevin Homer, Vice Chair Home Insurance Layperson Appt 01/03/13 Consultant 01/14/2017 Ross Freeman Retired/Sales & Business Appt4/16/2014 Relationship Person Management 01/14/2016 Ronald Gilinsky Sales/Marketing Layperson Unexp Appt 09/06/11 Reappt01/03/13 01/14/2018 Stephanie Sugar Regional Director Business Unexp Appt 11/01/11 Person Appt 01/03/12 Reappt01/20/15 01/14/2018 Stanley Brodka Financial Services Layperson Alt Unexp Appt 03/04/14 Reg Unexp Appt 09/04/14 01/14/2018 Alan Siegel Attorney Layperson Reg Appt 01 /06/15 ALTERNATES 01/14/2016 DeAnna Longo Registered Nurse Layperson Unexp Appt 01/03/13 + 3 yr term 01/14/2016 Vacant Contact: Danise Cleckley 243-7213 S/City Clerk/Board 15/Code Enforcement Board v W� Q O� z i 0 i H A O1 d' A -i A -i A -i A -i A -i A -i I I � (y F+I y 7.y i�-I � ivy •y � �y 1 i�l •(� Q 0 � �./ N Fry A � W � U -o \00 / m "D \ N / O p O O CL CL 0 CL CD A N \ N bOA � bA CL bA bA N q4 O / W O U \ O / i i � (y F+I y 7.y i�-I � ivy •y � �y 1 i�l •(� � 0 � �./ N Fry � � U nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-306, Version: 1 TO: Mayor and Commissioners FROM: Michael Coleman, Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 APPROVAL OF FY14-15 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) Recommended Action: Motion to approve the 2014-2015 Consolidated Annual Performance and Evaluation Report required by the United States Housing and Urban Development (HUD) for utilization of federal grant funds. Background: The Consolidated Annual Performance and Evaluation Report (CAPER) serves to meet performance reporting requirements by the Department of Housing and Urban Development (HUD) pursuant to the regulations established under 24 CFR 91.520. The CAPER covers the period of October 1, 2014 through September 30, 2015 in the reporting on HUD sponsored activities as specified in the City's 2014-2015 Action Plan. The CAPER further serves as an update on the goals and objectives identified in the City's Consolidated Annual Plan (2010-2015) five-year plan. In accordance with HUD requirements, the CAPER is available to the general public for review and commentary for a period of not less than fifteen days (November 21, 2015 - December 7, 2015) prior to submittal to HUD. Copies were placed at the City of Delray Beach's Department of Community Improvement, Neighborhood Services Division offices, and made available online through the City's website. No public comments have been received to date. City Attorney Review: Approved as to form and legal sufficiency. Funding Source: N/A Timing of Request: Report to be submitted by December 29, 2015 to U.S. Department of Housing and Urban Development. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT"^ CITY OF OELRRY BEREIH;k Consolidated Annual Performance and Evaluation Report "CAPER" Fiscal Year 2014-2015 Community Development Block Grant Michael Coleman, Director, Community Improvement Department Ferline F. Mesidort, Neighborhood Services Administrator City of Delray Beach Community Improvement Department Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 (561) 243-7280 December 8, 2015 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 City of Delray Beach Community Development Block Grant (CDBG) TABLE OF CONTENTS I. Executive Summary............................................................................. 2 II. Summary of Accomplishments................................................................ 3 III. Assessment of Actions Taken to meet Three- to Five- Year High Priority Goals and Objectives .................................................. 6 IV. Affirmatively Furthering Fair Housing .............................................. 7 V. Analysis of Impediments................................................................ 8 VI. Affordable Housing..................................................................... 11 VII. Continuum of Care Narrative.......................................................... 13 VIII. Other Actions............................................................................... 14 IX. Leveraging Resources...................................................................... 19 X. Citizen Comments......................................................................... 20 XI. Self-Evaluation.............................................................................. 20 XII. Additional (Narrative Statement) Issues ............................................. 21 a. Use of CDBG Funds in Relationship to Consolidated Plan............ 21 b. Efforts in Carrying out Planned Activities ................................. 21 C. Benefiting the National Objectives ............................................. 22 d. Activities Involving Occupied Real Property ............................... 22 e. Economic Development Activities Undertaken ............................. 22 XIII. Public Participation / Additional Requirements ................................. 22 XIV. Attachments a. Advertisement — Notice of Availability of CAPER b. Map of CDBG Target Area C. IDIS Generated reports • PR03: CDBG Activity Summary Report • PR23: Summary of Accomplishments (7 Parts) • PR26: CDBG Financial Summary Report • PR83: CDBG Performance Measures Report • PR84: CDBG Strategy Area, CFDI, and Local Target Area Report • PR85: Housing Activities Report d. Community Development Needs Spreadsheet e. Project Performance Measures f. HUD Form 27061: Race and Ethnic Data Reporting Form g. Section 3 Report 1 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 L EXECUTIVE SUMMARY Program Year 1 CAPER Executive Summary Response: The City of Delray Beach has been an "entitlement city" since 1986 and receiving Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). In order for the City to receive this allocation, a Consolidated Plan must be developed which sets forth program goals, specific objectives, annual goals and benchmarks for measuring progress. The Consolidated Plan is a comprehensive five-year planning document that addresses the basic national goals of providing decent, affordable housing, suitable living environments and expanding economic development opportunities, especially for low to moderate income persons. It is the City's responsibility to ensure that eligible activities funded are in accordance with one of the three (3) national objectives: 1. Benefit low and moderate income persons; 2. Aid in the prevention or elimination of slums or blight; and 3. Meet a need having a particular urgency. The City's current Five -Year Consolidated Plan covers fiscal years 2010 through 2015 and was approved in 2010. Each year of the Five -Year plan, an Annual Action Plan must be developed addressing how the City anticipates carrying out its long range goals and objectives identified in its Consolidated Plan. At the close of each program year, the City provides a report to the citizens that detail the year's activities, expenditures and progress in implementing its federal programs. This report is known as the Consolidated Annual Performance and Evaluation Report (CAPER.) The CAPER is an annual performance and evaluation report required to be prepared by local governments that receive Federal funds from the Community Development Block Grant (CDBG) program. This year's 2014 CAPER report is the last of five annual performance reports. Program year 2014 covers October 1, 2014 through September 30, 2015 and identifies the level of progress and accomplishments in meeting the priority needs as established in Delray Beach's 2010- 2015 Consolidated Plan. Activities and accomplishments described in the CAPER primarily benefit low- and moderate -income residents of Delray Beach, and neighborhoods with high concentration of low - and moderate- income residents. A complete draft of this report was made available for a fifteen (15) day public review and comment period beginning November 21, 2015 through December 7, 2015. Copies were placed at the City of Delray Beach's Department of Community Improvement, Neighborhood Services Division offices, located at 100 NW 1St Avenue, Delray Beach, FL 33444. The plan was also made available online at www.mydelraybeach.com. The report was approved at a public hearing before City Commission on December 8, 2015. 2 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 ii. SUMMARY OF ACCOMPLISHMENTS Priority Need Category Actual # of Activities Proposed Actual # of Activities Completed CDBG PROGRAM Housing Rehabilitation Program 6 2 Clearance and Demolition 2 1 PUBLIC FACILITY & IMPROVEMENTS • General 0 0 • Street Improvements 0 0 • Sidewalks 0 0 Grand Total -Public Facilities & Improvements 0 0 Priority Need Category Actual Number of N/A Persons/Households Served PUBLIC SERVICES • Community Child Care Center 461 persons DBA Achievement Centers for Children and Families • Legal Aid Society of PB County, Inc. 7 households/ 3 workshops ECONOMIC DEVELOPMENT NEEDS • Economic Development Grant/Loan Program N/A • Business Technical Assistance 33 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 Table 1. Strategy % of 5- CDBG CDBG 2010 2011 2012 2013 2014 5 Year Year Funds Funds Actual Actual Actual Actual Goal Goal Target Expended Expended *Services were Met FY 2014 provided only in noted ey ars. Community Childcare 1036 1054 1030 946 461 3500 129% $56,744 $321,287 Center (ACCF) Legal Aid Society of N/A N/A N/A 6/4 7/3 12/8 50% $4,000 $8,000 PBC, Inc. Economic Development — 21 0 N/A N/A 33 24 88% $0 Technical $7,500 Assistance* Fair Housing 89 56 173 22 N/A 150 227% $0 $22,000 Center Urban League of 16 NIA NIA VIA NIA 150 11% $0 PBC* $6,000 Economic Development — 2 0 NIA NIA NIA 3 67% $0 $62,000 For —Profit* 2014 CDBG Accomplishments: Public Improvements Accomplishments: The five year goal is 6; none were addressed this year however two (2) separate projects were completed during the five year plan. Public Services Accomplishments: During FY2014-2015 the following agencies were assisted with CDBG funds: Legal Aid Society of Palm Beach County, Inc. - This activity provides funding for assistance to provide fair housing education and outreach workshops including foreclosure representation in Delray Beach. Three (3) workshops were conducted and seven (7) households were assisted. $4,000 of CDBG funds were expended this fiscal year. Community Child Care Center (dba ACCF) - This activity provides affordable quality preschool to eligible children ages 12 months through five years and after school care for children ages 5- 14 years. The children currently served are from households categorized as: 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 Extremely Low income 88% Very Low Income 8% Low Income 4% CDBG funds were used to provide direct support to children and families for all aspects of service delivery. 461 children were served and $56,744 of CDBG funds was expended. Housing Rehabilitation Program: This program provides housing rehabilitation assistance of owner -occupied homes of low to moderate income persons. A total of $186,490.50 was expended. Accomplishments: During FY2013-2014 a total of eleven (11) homes were addressed. Two (2) were completed expending $55,554.54 of CDBG funds on ELI to Low -Income households. List of Properties: Status Expended Category 1. Wilson -130 SW 5thAvenue Complete $ 38,862.10 VL 2. Jackson -510 SW 91hCourt Complete $16,692.44 VL 3. Williams -39 NW 111hAvenue In Progress $11,851.60 4. Livingstone -429 SW 1511, Avenue In Progress $ 444.10 5. Bellamy -221 SW 1511, Avenue In Progress $ 425.00 6. Martin -227 NW 1411, Avenue In Progress $ 444.10 7. DeGroot-134 SW 5thAvenue In Progress $ 19.10 8. Herrington -618 SW 9� Court In Progress $ 19.10 9. Daniels -222 SE 51hAvenue In Progress $ 425.00 10. President -217 SW 411, Avenue In Progress $ 19.10 11. Rolle -38 NW 1111, Avenue In Progress $ 425.00 The fifth year goal was 6 homes; two (2) have been completed with 9 underway which is 33% of the goal. The five year goal is 75; we accomplished 39 which is 52% of the goal. iii. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE-YEAR HIGH PRIORITY GOALS AND OBJECTIVES In order to achieve the goals set for neighborhood revitalization that directly benefit in the form of housing and other various identified needs, the City made funding available from the Community Development Block Grant (CDBG) Program ($286,877), CRA funded Curb Appeal Program, Neighborhood Stabilization Program (NSP), CRA Funded NSP/Foreclosure Program (69,610), Residential Construction Mitigation Program ((RCMP) $233,000) and State Housing Initiative Program ((SHIP) $299,910). A total of $889,397 was made available to provide community identified priority needs benefiting very low, low and moderate -income residents during the 2014-2015 Fiscal Year. During this fifth year of the Five Year Consolidated Plan, the City of Delray Beach pursued efforts to stabilize unfavorable conditions and revitalize neighborhoods throughout the 5 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 Community Development Block Grant (CDBG) Target Area in order to improve the quality of life for our citizens. The City of Delray Beach has continued its efforts to support neighborhood associations, beautification projects, street and infrastructure improvements and development of the downtown area. The Community Improvement Department continues to provide concentrated code enforcement, investments in infrastructure, neighborhood beautification improvements, opportunities for homeownership and housing rehabilitation through the various programs and investment strategies highlighted in this annual report. The City's capacity to increase innovative affordable homeownership activities has been enhanced due to the successful partnership with the Delray Beach Community Land Trust (CLT). The City is pleased to report that it continues to strive to meet the housing delivery goals established under its Annual Action Plan, providing housing rehabilitation assistance to thirty- nine (39) households utilizing a combination of CDBG, Curb Appeal, NSP, RCMP, and SHIP dollars. Housing investment activities included existing owner -occupied housing rehabilitation, lead-based paint testing and abatement, exterior improvements, and the first time homebuyer purchase assistance program. In addition, during this rating period, the City continued to take action to stabilize the communities by administering and implementing the Neighborhood Stabilization Program (NSP1). The Community Improvement Department was awarded $1,905,005 from the Florida Department of Community of Affairs, NSP1 funds to carry out two strategies under which eligible activities will be undertaken. The Delray Beach Community Redevelopment Agency provided a local match of $400,000 towards the NSP1. The City in to date has an inventory of 25 properties. Seventeen (17) properties have been sold to eligible families. Six (7) have been donated to DBHA for affordable rental and one (1) property is pending transfer. The City will continue to purchase property and use program income to continue the acquisition, rehab and sale process. In accordance with the City's Five Year Consolidated Plan (Priority Needs Summary table), Owner -occupied housing rehabilitation household income ranges of 0-30%, 31-50% and 51-80% of median for the area are given a "High Priority." Housing accomplishments in accordance with these priorities are provided below. In terms of homeless needs, the Consolidated Plan table lists Outreach Assessment and Transitional Shelters for families and Permanent Supportive Housing for Persons with Special Needs as "High Priorities" as well. Accomplishments are provided in the Continuum of Care section of this report. During the reporting period, the Department also addressed the following "High Priorities" listed in the Consolidated Plan as "Priority Community Development Needs": Neighborhood Facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Youth Services, Neighborhood Outreach, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non-CDBG). Individual priority accomplishments are reflected below by funding source. CDBG funds provided direct monetary assistance for subsidized childcare services, enhancement of neighborhood services, housing counseling and emergency intervention 0 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 programs, and fair housing education. All funded activities are considered to be "High Priorities' in accordance with the City's First Year Consolidated Plan. Geographic Distribution of Funds All activities undertaken during the program year were carried out within the Community Development Block Grant (CDBG) Target Area (see attached map) consisting of census tracts 65.02, 67.00, 68.01 and 68.02. IV. AFFIRMATIVELY FURTHERING FAIR HOUSING The City continually pursues diverse avenues in expanding its actions to affirmatively further fair housing. During this review period the City of Delray Beach continued contract with the Legal Aid Society of Palm Beach County, Inc., a non-profit fair housing organization providing service to residents within target area. The agency accomplishes its goals through public education workshops and the ability to assist homeowner with legal review. During this review period Legal Aid Society of Palm Beach County, Inc. conducted a total of three (3) workshops and assisted seven (7) households within the CDBG target area. The City continues to provide referrals for conflict resolution services involving fair housing issues and formal mediations related to landlord -tenant law. V. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE The City recently revised its Analysis of Impediments (Al) in October 2011. The following impediments and actions were identified: Impediment 1: High rates of Predatory Lending in the City of Delray Beach among minorities Action: The City of Delray Beach continued to support non-profit partners in their efforts to educate residents about mortgage products, predatory lending and how to build credit. There is a need for increased credit counseling and education. Contracted workshops through FHC were geared to specifically include Predatory Lending Education and Support Initiative provides seminars for community based organizations, civic and faith based groups, and Condo/Homeowner Associations to inform them about Federal and State Laws pertaining to predatory lending and fair housing lending. Delray Beach residents will have access to the projects toll free hotline, which utilizes a public information campaign featuring public service announcements to various media outlets, and distributes anti -predatory lending educational materials in order to heighten public awareness. Timeline: Increased promotion of existing Neighborhood Resource Center (NRC) including the partnership with various social service agencies such as CROS Ministries, Department of Children and Families and Goodwill Industries and fair housing services will continue throughout the City. 7 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 Impediment 2: Lack of Public Awareness and Education concerning Fair Housing Rights Action: The City continued to make a concerted effort to further fair housing education. Educational efforts include basic fair housing education about fair housing laws, awareness training about agencies available to process complaints on a local level, education in identifying discriminatory practices when seeking housing (i.e. geographical steering), home buyer education and counseling in all areas of the City. The City worked in partnership with the FHC and Legal Aid Society in order to implement these initiatives. The City will continue its working relationship with Legal Aid of Palm Beach County to strengthen the City's ability to monitor Fair Housing concerns and issues throughout Palm Beach County and the City of Delray Beach. The City utilizes a monthly and quarterly newsletter, website and the distribution of information via its monthly water bill to residents (which is mailed to over 20,500 households) to disseminate important information regarding fair housing. The City will continue coordinating public service announcements. Timeframe: Increased actions to heighten public awareness is ongoing. Impediment 3: Lack of adequate Housing Choice Vouchers to support low income renters as evidenced by the Delray Beach Housing Authority's (DBHA) waiting list. DBHA can house approximately 20 to 25 families per year from the waiting list. The waiting list indicates the severe need for affordable housing, particularly the Section 8 Housing Choice Voucher program. Federal Budget cuts in recent years have all but guaranteed that the shortage of affordable housing will not improve. However, 144 affordable units at the Village Square Low Income Housing Tax Credit development have been recently added into inventory and fully occupied. Phase 3 is under construction. Timeframe: Ongoing construction. L Actions to Improve Public Housing The Delray Beach Housing Authority's (DBHA) Public Housing Development, was demolished in 2008, and was the only public housing facility located in the jurisdiction of Delray Beach. The development was located within the southwest section of the designated CDBG target area and is in census tract 68.01. Carver Estates was built in the early 1970's and although maintained by the Authority with its limited resources, the buildings deteriorated over time. The DBHA had partnered with Roundstone and DHG, a private developer, (known as Village Square Elderly, LLC, Village Square Family, LLC) to redevelop the former public housing site into a mixed income development. The project consists of 144 affordable family units and underway is the 84 elderly Project Based Voucher units to be known as Village Square Elderly. 0 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 IL Actions to Replace Affordable Rental Units During FY2005-2006, the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program funds. The HHR program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislature appropriated one-time hurricane housing recovery funds which are administered by the Florida Housing Finance Corporation (FHFC). Staff collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that would best serve the housing needs of the very low-, low - and moderate -income households. In response to the loss of Carver Estates, the City created a Rental Housing Development strategy in its HHRP Local Housing Assistance Plan. Under this strategy, the City partnered with the CRA to rehabilitate two separate buildings within the CDBG Target Area for the purpose of creating twenty three (23) affordable rental units. The CRA purchased the historic La France Hotel located on NW 41h Avenue as well as parcel of adjacent land for $475,764.60. In addition the City's HHR investment of $500,000, the CRA spent $2,336,790 toward the rehab and construction of additional units. The second building, 133 NW 51h Avenue, was purchased by the CRA for $1,225,000. While the City allocated a total of $500,000 in HHR funding toward this project, during FY06-07 $203,520 of these funds were expended on rehabilitation of units. The CRA contributed a total of $168,647.46 to the rehabilitation of these units. During this rating period, all units continued to be occupied by income eligible tenants. City staff annually monitors files for income eligibility and all 23 units are occupied by residents at or below 100% of median income. Of the Twenty Three (23) units, thirteen are occupied by Extremely Low - Income households, seven (7) by Very Low -Income households, and two (2) by Low -Income households. One (1) has recently become available. The DBHA, through its non-profit instrumentality, the Delray Housing Group (DHG), currently manages both the La France Apartments and Carolyn Quince Apartments under a 5 -year management agreement with the CRA ending in FY2016. This arrangement provides another layer of assurance that the units will remain affordable to the City's low income community. OTHER DBHA ACTIVITIES: • Utilizing its Replacement Housing Factor funds, DBHA acquired and rehabilitated 5 units to be used for Public Housing purposes. All units are currently occupied by eligible families. • Through the City's Neighborhood Stabilization Program, DBHA/DHG acquired 7 housing units and manages them as additional affordable housing for extremely low income families. VI. AFFORDABLE HOUSING ACTIONS Eliminating barriers to affordability is a primary objective of the Community Land Trust programs and grants for housing rehabilitation. During this review period, the City continued to promote affordable housing through its Neighborhood Services Division. Various resources 9 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. Affordable Housing Advisory Committee The City continues to use its nine members appointed by Delray Beach City Commission to the established Affordable Housing Advisory Committee. Open positions are promoted through City website. The Committee was established by Resolution 12-08. Florida Statute 420.9076 mandates that all local governments currently receiving State Housing Initiatives Partnership SHIP funding establish a committee to review the City's established policies and procedures, ordinances, land development regulations, and comprehensive plan. The purpose of the committee is to recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The Local Housing Assistance Plan is due for renewal in May 2016. Actions to Overcome the Foreclosure Crisis The City of Delray Beach continues to implement Neighborhood Stabilization Program (NSP) 1,905,505 funds awarded from The Florida Department of Community Affairs. These funds were matched with an additional $400,000 from the Delray Beach Community Redevelopment Agency. The Community Improvement Department NSP funds are being utilized to carry out two housing strategies. The City of Delray Beach continues its partnership with the Delray Beach Housing Authority and Delray Beach Community Land Trust to assist with the disposition of NSP properties. The City has obligated $2.7 million of the NSP grant award for the purchase and rehabilitation of twenty-five (25) foreclosed and/or abandoned single-family homes throughout Delray Beach: During the last five years, the City has acquired a total of 25 properties. Eighteen (18) properties have been sold to eligible families. Six (6) have been donated to DBHA for affordable rental. One (1) has been donated to CLT for affordable rental. The City will continue to monitor and use program income to continue the acquisition, rehab and sale process. NSP Strategy 1: Housing Acquisition/Rehabilitation of Homes for Sale to Households with Incomes Less than 120% of Area Median Income (AMI) - The purpose of this strategy is to stabilize the Delray Beach's areas of greatest need by providing a means for the acquisition, rehabilitation, and resale of residential units which are presently real-estate/bank owned (REO). The City worked with banks to acquire residential units that have been foreclosed and abandoned within the areas of greatest need. A minimum of twelve (12) units were proposed to be sold to households whose income does not exceed 120% of AMI. The City exceeded its goal and have sold eighteen (18) properties. NSP Strategy 2: Housing Acquisition/Rehabilitation of Homes for Lease to Households with Incomes Less than 50% of AMI - The purpose of this strategy is to turn foreclosed residential properties into decent, safe, affordable rental housing for households at or below 50% of AMI. The City has acquired and rehabilitated single family housing units within the designated NSP area of greatest need. A minimum of six (6) units will be donated to the Delray Beach Housing Authority/Delray Housing Group for the purpose of renting units to households whose income 10 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 does not exceed 50% of AMI. The City has met its goal and have donated an additional unit to the Delray Beach Community Land Trust. The Five -Year Consolidated Plan determined that all three household income categories are prioritized as follows: "Extremely Low' 0-30%, "Very Low' 31-50%, "Low", 51-80% during this review period, priority housing needs were addressed as follows: Existing Owner -Occupied Housing Units Priority: Extremely Low Income (0-30% ELI) and Very Low -Income (31-50% VLI) Existing Homeowners and First -Time Homebuyers; and Low- Income (51-80% LI) First -Time Homebuyers: Community Development Block Grant (CDBG) Eleven (11) owner -occupied units were addressed. Two (2) were completed (full rehab) utilizing a total of $69,947.24 in CDBG funds, providing housing rehabilitation at average of approximately $34,973.62 per unit. Of the household, both were classified as very -low income and were classified as Black, non -Hispanic. Nine (9) additional units are currently underway anticipating completion in the next three-four months. Internal process changes delayed the bidding/awarding process but has since been resolved. Neighborhood Stabilization Program (NSP) The City has expended $2.7 million of the NSP grant award for the purchase and rehabilitation of twenty-five (25) foreclosed and/or abandoned single-family homes throughout Delray Beach: The City in FY2014-2015 completed the rehabilitation of its two remaining properties. Eighteen (18) properties have been sold to eligible families. Six (6) have been donated to DBHA for affordable rental. One (1) has been donated to CLT for affordable rental. The City will continue to monitor and use program income to continue the acquisition, rehab and sale process. Residential Construction Mitigation Program The City of Delray Beach, Neighborhood Service Division in August 2013 was awarded grant funding in the amount of $150,000 from the Division of Emergency Management (DEM) to implement the Hurricane Loss Mitigation Program. This competitive grant program funding was available through the Residential Construction Mitigation Program (RCMP) and was used to harden income eligible and qualified single-family homes within the community that are in need of hurricane retrofitting. The city utilized this funding source to leverage nine (9) homes for hurricane retrofitting, estimated to cost between $2,500 - $15,000 per home. The City received an additional award of $233,000 in FY2014-2015 to mitigate nine - eleven properties. 11 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 Priority: Very Low Income (0-50% MFI) and Low -Income (51-80% MFI) Existing Homeowners and First -Time Homebuyers; and Moderate -Income (80-120% MFI) First -Time Homebuyers. The City has had a continued partnership with the CLT since 2008 in support of the Sub Recipient Housing Partnership Program. The maximum subsidy available to assist eligible homebuyers is $75,000. Under this program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. Since inception, the CLT has expended over $1.9 million in SHIP subsidy toward the CLT Sub - Recipient Housing Partnership for First Time Homebuyers. Assistance was provided for a total of forty-six households. During FY2014-2015, one household was assisted with homeownership with several contracts in underwriting. In addition, the City continued to implement its Family Workforce Housing Ordinance which was adopted in November 2004. The Ordinance provides regulations and incentives to encourage developers to build housing within the City's CDBG target area; and includes and preserves the Family/Workforce housing along with market rate housing. Performance criteria contained in the Ordinance controls the proportions of workforce housing to market rate housing in terms of bedroom sizes, for sale and for rent, and housing product types, as well as in other ways that would promote development of workforce housing units. Covenants and restrictions apply to both for sale and for rent workforce housing to ensure sustained affordability for a longer term. The intention of this policy is to make affordable and diverse housing opportunities available throughout the City. Amendments have been proposed and staff is working to obtain approval per Commission recommendation. In FY 14-15, six new workforce housing projects were approved by City Commission. The new projects include Delray Preserve, SOFA 1, SOFA 2, SOFA District Lofts, The Strand and Uptown Delray. All have agreed to building units on-site with the exception of the SOFA District Lofts which selected an in -lieu payment to the Workforce Housing Trust Fund. VII. CONTINUUM OF CARE NARRATIVE The Palm Beach County Continuum of Care is the county -wide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. The Palm Beach County Continuum of Care is known as the Homeless and Housing Alliance (HHA) of Palm Beach County, which delivers a comprehensive and coordinated continuum of services for homeless individuals and families and those at risk of becoming homeless, inclusive of Delray Beach. The Palm Beach County Division of Human Services (The Division) is the lead entity for the HHA. As lead entity, the Division coordinated the efforts to develop a strategic plan to end homelessness. On September 23, 2008, the Board of County Commissioners adopted the Ten -Year Plan to End Homelessness in Palm Beach 12 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 County. The system's fundamental components include homeless prevention, outreach and assessment, emergency shelter, transitional housing, supportive services, permanent housing, and permanent supportive housing. The HHA is responsible for the planning and evaluation of the homeless delivery system. The Palm Beach County Board of County Commissioners, through the Division of Human Services as Collaborative Applicant, submitted the 2013 HUD Continuum of Care grant application. This included a total of twenty-three (23) projects and seeking $5,666,343 in funding. HUD announced funding for twenty (20) projects for Palm Beach County, totaling $5,666,357. The funding received by the participating agencies provides: supported transitional housing; a sponsor -based rental assistance program for the homeless; permanent supportive housing; childcare; employment assistance; life skills training; case management and supportive services appropriate to the individual projects. Agencies who received FY 2013 CoC funding will provide services to a total of 159 single individuals and families consisting of 304 adults and children under the Continuum of Care funding. The funding received by the participating agencies supported transitional housing, a sponsor - based rental assistance program for the homeless, permanent supportive housing, childcare, employment assistance, life skills training, case management and supportive services appropriate to the individual projects. The Palm Beach County Continuum of Care 2015 Point in Time Unsheltered Homeless Households count for Delray Beach is 63, of which 42 were located within the CDBG target area. All of the households/individuals identified in the count are eligible to access the services obtained and provided through the HHA network of service providers. VIII. OTHER ACTIONS Actions to Overcome Gaps in Institutional Structure During FY14-15, the City continues to provide much needed social services offered through the Neighborhood Resource Center (NRC). The Neighborhood Resource Center's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. The NRC serves as office space for organizations and agencies such as the Community Land Trust, CROS Ministries/ Caring Kitchen, Faith, Hope Love Charities, Inc., Goodwill Industries Int., and Legal Aid Society of Palm Beach County, Inc. The City is looking forward to include additional community services in the near future. Services provided on-site at the recently expanded NRC include: Neighborhood Services • Information Clearing House 13 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 • Maps & Databases of Neighborhood Associations • Neighborhood Resource Library • Technical Assistance to Grass Root Organizations • Meeting Space • Mailing Labels, Creating & Distributing Notices • Volunteer/ Civic Engagement • Mentoring Programs • Technical Assistance to community-based organizations engaging residents and sustaining involvement • Workshops and training including classes such as: o Neighborhood Pride Grant workshop o Making City Hall Work for You o How to be a President or Chairperson o Neighborhood Crime Watch o Nutrition and Wellness Community Land Trust • Sales office for purchase of CLT single family homes, town homes and condominiums • Homebuyer education and CLT workshops • Access to SHIP subsidy dollars CROS Ministries/ Caring Kitchen • Immediate needs assistance such as: o Food or food vouchers o Prescriptions o Access to clothing/ hygiene products o Assistance in accessing medical treatment, doctors' appointments o Assistance in accessing SSA, WFA, etc. • Non -emergency needs assistance such as: o Assistance in accessing various public services o Greyhound tickets/ travel o Declaration of Domicile o Obtaining identification cards Faith, Hope, Love Charities, Inc. Faith, Hope, Love Charity, Inc. is committed to addressing the needs & unseen wounds of our Veterans & active duty service members by providing supportive & mental health services that include, but not be limited to, the following: o Emergency and financial assistance o Job Readiness o Employment Services 14 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 o Child Care o Transportation and Housing Assistance Goodwill Industries International Goodwill® inspires hope and self-confidence, helping people from all backgrounds and walks of life to feel successful, valuable and dignified. Goodwill Industries International Inc. helps people earn a living, improve their lives, and strengthen their families and their communities. Goodwill assistance such: o Customized job training o Employment placement and other services to people who have disabilities, lack education or job experience, or face employment challenges The Legal Aid Society of Palm Beach County, Inc. The Legal Aid provides high quality civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions and promote self-sufficiency. The Legal Aid Society of Palm Beach County helps our citizen's deal with many of life's most basic needs: a safe home, enough food to eat, a quality education, and protection against exploitation and discrimination. Actions to Enhance Coordination The City of Delray Beach has a number of successful groups and committees that currently work together to provide an effective delivery system for affordable housing production and services throughout the City. A variety of organizations, including local housing organizations such as the Delray Beach Housing Authority, the Delray Beach Community Redevelopment Agency, the Delray Beach Community Land Trust and the City collaborate regularly to try and serve as wide a range of persons as possible throughout the City. Actions to Replace Affordable Rental Units During the five years, the City continued to develop strategies and to leverage dollars and resources to identify projects that would best serve the housing needs of the very low-, low- and moderate -income households. In response to the loss of Carver Estates, the City through its partnership with the CRA made available within the CDBG Target Area for the purpose of creating twenty three (23) affordable rental units. The CRA purchased the historic La France Hotel located on NW 41h Avenue as well as parcel of adjacent land for $475,764.60. In addition the City's HHR investment of $500,000, the CRA spent $2,336,790 toward the rehab and construction of additional units. The second building, 133 NW 51h Avenue, was purchased by the CRA for $1,225,000. While the City allocated a total of $500,000 in HHR funding toward this project, during FY06-07 $203,520 of these funds were expended on rehabilitation of units. The CRA contributed a total of $168,647.46 to the rehabilitation of these units. During this rating period (FY12-13) all 23 units 15 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 continued to be occupied by income eligible tenants. City staff reviewed files for income eligibility and all 23 units are occupied by residents at or below 100% of median income. Of the Twenty -Three (23) units, thirteen are occupied by Extremely Low -Income households, seven (7) by Very Low -Income households, and two (2) by Low -Income households. One (1) has recently become available.. The DBHA acquired a 3 -acre lot of vacant land just south of the previous Carver Estates property in 2004. Presently, DBHA has begun to manage a 144 -unit family development, now known as Village Square, a commitment to rebuild a three-phase development including 84 -unit Senior Housing community and 25 single-family homes. Phase Three is anticipated to begin in 2016. Financing is possible by 9% tax credit for the housing development, 4% tax credit on the senior housing, bonds and local Delray Beach Community Redevelopment Agency (CRA) grants and loans as well as Project Based Section 8 funds. DBHA us utilizing its first of two 5 -year allocations of Replacement Housing Factor funds to acquire and rehabilitate units scattered throughout its jurisdiction. Five units, including two donated by the CRA have been acquired and rehabilitated to house extremely -low income families as part of the program. DBHA also purchased six (6) single family units and one (1) duplex at $10/nit under the Neighborhood Stabilization Program to house families at or below 50% of the median income. Five are currently occupied. The construction of the sixth unit damaged due to severe fire damage is near completion. Actions to Improve Resident Initiatives City of Delray Beach general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. Funds are provided for outreach and education initiatives as well as development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. Under the Neighborhood Housing Program, funding is also provided in support of neighborhood clean-up campaigns, our local Adopt -A -Street programs, as well as numerous other events and activities. In addition, the City completed its ninth year as a partner with the Achievement Centers for Children and Families to provide much needed services to families residing in the CDBG target area and comprehensive wrap around services to the students and their families at the Village Academy Elementary School. This school is located in the core part of the CDBG target area and ninety-eight percent of the student population qualifies for free lunch under the Federal designation of poverty. A total 461 children were served during this rating period. Lead -Based Paint Hazard Reduction The City implements its housing related activities in a manner which assesses lead-based paint risk for traditional target population (i.e., at risk children under 7 years of age.) When providing assistance under its housing programs, the City continues to provide all applicants with the "Lead -Based Paint" pamphlet that describes hazards of lead-based paint. The City's Housing Rehabilitation Specialist has been designated a certified Lead Inspector and the City utilizes the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promoted to local contractors the "Lead -Safe Work Habits". 16 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 Program Compliance and Planning Requirements The City monitors Plan implementation through detailed record-keeping of project execution, on-site inspections and maintaining close functional links with service providers, economic organizations, neighborhood groups and target beneficiaries. Staff involvement within housing and community development organizations and their activities provide valuable insight into the evolving needs of low- and moderate -income persons. Focus groups and citizen meetings, conducted as part of developing the Five -Year Consolidated Plan has provided opportunities to share information and hear about issues important to neighborhood groups and community agencies. Details on CDBG programs, neighborhood organizations, and other public information is maintained on the City's website at www.mydelraybeach.com Anti -Poverty Measures (Data) In addition to the City's holistic approach to community development (as described throughout this document), it also takes a multi -faceted approach toward reducing the number of households with income below the poverty level. The first approach is to provide safe and affordable housing for very low-, low- and moderate -income households. Specific activities include owner rehabilitation, emergency repair, homeownership, code enforcement, demolition/clearance, support services (including fair housing and housing counseling services), working with affordable housing providers including the Delray Beach Community Land Trust, assisting non-profit and for-profit developers to initiate new construction activities, and working with at -risk homeless and "special needs" providers. The second approach is to establish healthy neighborhoods through balanced, diverse development of public facilities, infrastructure, housing, commercial, recreational and safety activities. Economic development represents the third facet of the city's approach to anti -poverty. Economic development efforts will be expanded by retaining and expanding employment and business opportunities for city residents. Specific activities include job creation for target area residents, promoting downtown revitalization, supporting non-profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. The City of Delray Beach and the Delray Beach Community Redevelopment Agency co -funded an Economic Development Director in efforts to expand, create and retain employment and business opportunities for city residents. Specific activities include job creation for target area residents, promoting downtown revitalization, supporting non-profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. In 1995 the City adopted the West Atlantic Redevelopment Plan. The City and CRA in September 2010 brought back consultants to update the West Atlantic Redevelopment Plan in an effort to continue the elimination of slum and blight in the area and facilitate successful 17 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 redevelopment projects. The plan included eliminating blighted conditions along West Atlantic Avenue and adjacent side streets, encouraging economic growth, redevelopment and minority business development, increasing job opportunities within the West Atlantic redevelopment area, promotion of businesses which serve the neighborhood residents, acquiring land in order to aggregate sites sufficiently large enough to encourage redevelopment, developing of programs, events, and projects which attract new consumers to the Avenue, creating safer conditions for consumers, residents, and businesses, and beautifying the West Atlantic Avenue corridor. Since 2003 the CRA has committed and spent more than $25 million in acquiring property, improving the infrastructure of West Atlantic Avenue and several other projects in the Southwest and Northwest neighborhoods within the CDBG target area. Several projects have been completed such as the Gateway Feature and currently in progress are improvements to Southwest 12th Avenue and the Cultural Loop or Martin Luther King Boulevard beautification. The CRA and City are aggressively recruiting and implementing programs to bring new businesses and jobs into the CDBG target area. During FY2012, the CRA and City allocated $225,000 toward microenterprise lending for small business assistance, job creation and technical assistance to assist with stimulating economic development. Sessions were held on a monthly basis, providing local microenterprises technical assistance which can develop into financial assistance for expansion and growth. Thirty-three businesses attended the eight (8) workshop seminars of which thirty-two are looking to expand and six to relocate within the City. IX. LEVERAGING RESOURCES The City of Delray Beach was very successful in leveraging CDBG funds with other public and private resources. The City's successful housing programs have enabled the direct leveraging of substantial match dollars in the form of first mortgages through private lending institutions, US HUD, Palm Beach County Government, and other state and local funding providers. Also, Public Service agencies are encouraged to seek other funding sources for the purpose of leveraging CDBG dollars. The City and Delray Beach Community Redevelopment Agency (CRA) have partnered to fund and leverage various housing rehabilitation programs to address the elimination of slum and blight conditions within the City's CDBG target area. The City and CRA have agreed to share each 50% of the salary and benefits of the Housing Rehab Inspector position in order to insure timely and professional services related to the review of plans and bids for specific housing rehabilitation projects. The City and CRA have collaborated in order to fund and implement the Curb Appeal Residential Improvement Program to enhance the appearance and aesthetics of the exterior of single-family residential properties within the CDBG target area. The program assists homeowners with the cost of minor structural and cosmetic property improvements; and enhance aesthetics that eliminates slum and blight. In FY13-14 five (5) properties were assisted. 18 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 The City of Delray Beach, Neighborhood Service Division applied for funds in the amount of $233,000 from the State of Florida, Division of Emergency Management (DEM) to implement the Hurricane Loss Mitigation Program. This competitive grant program funding is available through the Residential Construction Mitigation Program (RCMP) and is used to harden income eligible and qualified single-family homes within the community that are in need of hurricane retrofitting. The City will utilize this funding to leverage up to fifteen (15) homes for the post hurricane retrofitting, estimated to cost between $2,500 - $15,000 per home. X. CITIZEN COMMENTS As required in accordance with the Consolidated Plan regulations, a fifteen -day public review and comment period was given to the City's citizens and other interested persons prior to the submittal of this report to the US HUD field office. A copy of the advertisement requesting review and comments relating to the document is attached to this report. XI. SELF-EVALUATION During the FY2014-2015 reporting period the City of Delray Beach continued to make progress toward meeting identified community needs and priorities. The City successfully accomplished numerous housing rehabilitations, public service activities and other community development initiatives. CDBG, SHIP and other local dollars were allocated toward a diversity of eligible activities in support of the City's holistic approach to providing affordable housing, a suitable living environment and expanded economic opportunities for our residents. Investment by area builders as well as non -subsidized homebuyers has continued to compliment the City's efforts to improve sub -standard housing conditions. Active code enforcement, citizen patrols, drug prevention programming, comprehensive housing rehabilitation and the provision of targeted social services have all continued to assist with the improvement of living conditions and increased property values throughout the CDBG Target Area. By targeting our efforts geographically and allocating CDBG dollars toward "High Priority" concerns/issues identified in the 2010-2015 Consolidated Plan, the City made tremendous progress in meeting the program objectives and identified priorities. The City's on-going collaborative efforts with other public and private entities and increased public participation throughout the years helped to keep the City "fluid" in identifying new resources and avenues to meet the identified needs. The City has successfully utilized CDBG dollars to address needs identified in the Consolidated Plan. This is supported by the outcomes reported under each separate activity throughout this report and in the attached IDIS reports. In addition, the City began to use the Integrated Disbursement Information System to submit is 2015-2016 Annual Action Plan which will assist in reporting future productivity and program impact. During this rating period the City satisfied the statutory test for timely expenditure of funds. XII. CDBG NARRATIVE STATEMENT 19 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 a. Use of CDBG Funds in Relationship to Consolidated Plan As described throughout this report, the City has been extremely successful in addressing local needs identified at the community level. During this reporting period alone, the Department again addressed the following "High Priorities', listed in the Consolidated Plan as "Priority Community Development Needs": owner -occupied housing rehabilitation, homeless and non -homeless with special needs issues, neighborhood facilities, childcare centers, parks, recreational facilities, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provides individual priority accomplishments, particularly when discussing affordable housing preservation and development. 100% of all CDBG funds expended during the 2014-2015 Program Year served to meet the National Objective of benefiting low and moderate -income persons (24CFR 570.208a). During this reporting period CDBG funds were also allocated to the following private non- profit organizations in support of eligible public service activities. Community Child Care Center The Center provides pre-school education and family services to very low- and low-income children (100% Title IV -A), individuals under Protective Services custody, parents enrolled in work training programs, and low-income teen parents. During this reporting period CDBG funds in the amount of $56,744 were provided to the agency in support of programming efforts. A total of xxx unduplicated children received the direct benefits of this programming effort. Legal Aid Society of Palm Beach County, Inc. (LASPBCI) During this review period the City of Delray Beach continued contract with the Legal Aid Society, a non-profit fair housing organization providing service citywide with city funds. During this period CDBG funds in the amount of $4,000 were provided to the agency in support of programming efforts. During this review period LAS, Inc. conducted a total of three (3) educational workshops/seminars as contracted and assisted seven households/individuals. These workshops were provided for target area residents, civic organizations, and community based organizations. The foreclosure representation was for target area residents. b. Efforts in Carrying Out Planned Actions All projects and activities included in the approved Annual Action Plan for this reporting period have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the IDIS generated reports. c. Benefiting the National Objectives All projects/activities funded under the City's CDBG formula entitlement during this reporting period met the National Objective criteria. All funded activities met the National Objective of Benefiting Low and Moderate -Income Persons. The grantee met and exceeded the overall benefit certification requirements (of 70%). 20 2014-15 Consolidated Annual Performance and Evaluation Report October 1, 2014 — September 30, 2015 d. Activities Involving Occupied Real Property As provided in various sections of this report, CDBG funds were utilized during this period for numerous rehabilitation activities. However, none of the activities required relocation as a result of displacement. e. Economic Development Activities Undertaken and Other Issues During this program year, $25,000 was used towards economic development technical assistance. The CRA and City allocated $225,000 toward microenterprise lending for small business assistance, job creation and technical assistance to assist with stimulating economic development. One (1) business was qualified to receive loan funds to expand business operations through the partnership with the Center for Enterprise Opportunity (CEO). CEO provided technical assistance to microenterprises within the selected City, CRA and CDBG target areas. f. The City's annual Section 3 report has been submitted electronically. A copy is included with this report. XIII. PUBLIC PARTICIPATION / ADDITIONAL REQUIREMENTS In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment from November 21, 2015 through December 7, 2015. No public comments have been received prior to submission of the Report to the HUD Field Office December 29, 2015. Any comments received after submission will be sent as an addendum to the CAPER. Please see attached newspaper advertisement published locally. The completed CAPER is also available for examination by the public upon request. XIV. ATTACHMENTS a. Advertisement — Notice of Availability of CAPER b. Map of CDBG Target Area C. IDIS Generated reports • PR03: CDBG Activity Summary Report • PR23: Summary of Accomplishments (7 Parts) • PR26: CDBG Financial Summary Report • PR83: CDBG Performance Measures Report • PR84: CDBG Strategy Area, CFDI, and Local Target Area Report • PR85: Housing Activities Report d. Community Development Needs Spreadsheet e. Project Performance Measures f. HUD Form 27061: Race and Ethnic Data Reporting Form g. Section 3 Report 21 IDIS - PR84 U.S. Department of Housing and Urban Development DATE: 11-18-15 Office of Community Planning and Development TIME: 10:43 Integrated Disbursement and Information System PAGE: 1 CDBG Strategy Area, CFDI, and Local Target Area Report DELRAY BEACH,FL Program Year 2014 Local Target area Name CDBG TARGET AREA - Type: Housing Total Number of new businesses assisted 4 Number of existing businesses assisted 7 Number of jobs created or retained in area 0 Amount of funds leveraged 50,209 Number of LMI persons assisted By direct benefit activities 0 By area benefit activities 32,955 Number of LMI households assisted 7 Number of acres of brownfields remediated 0 Number with new access to public facilities/improvements 5,469 Number of business facades/buildings rehabilitated 0 Slum/blight demolition 0 Optional indicators % Crime rates reduced 0 % Property values increased 0 % Housing code violations reduced 0 % Business occupancy rates increased 0 % Employment rates increased 0 % Homeownership rates increased 0 Totals for all Local Target areas Number of new businesses assisted 4 Number of existing businesses assisted 7 Number of jobs created or retained in area 0 Amount of funds leveraged 50,209 Number of LMI persons assisted By direct benefit activities 0 By area benefit activities 32,955 Number of LMI households assisted 7 Number of acres of brownfields remediated 0 Number with new access to public facilities/improvements 5,469 Number of business facades/buildings rehabilitated 0 Slum/blight demolition 0 IDIS - PR84 U.S. Department of Housing and Urban Development DATE: 11-18-15 Office of Community Planning and Development TIME: 10:43 Integrated Disbursement and Information System PAGE: 2 CDBG Strategy Area, CFDI, and Local Target Area Report DELRAY BEACH,FL Program Year 2014 Totals for all Areas Number of new businesses assisted 4 Number of existing businesses assisted 7 Number of jobs created or retained in area 0 Amount of funds leveraged 50,209 Number of LMI persons assisted By direct benefit activities 0 By area benefit activities 32,955 Number of LMI households assisted 7 Number of acres of brownfields remediated 0 Number with new access to public facilities/improvements 5,469 Number of business facades/buildings rehabilitated 0 Slum/blight demolition 0 O O O O M * O O M n tPr � C -0 O O O --� (3) W -Fu 11 O V C 9 O S) L � O O a..i 0 iE O O 3E O O O tPr 'n C O =) O 0 d M O O O O 0 -O p C a� 0 L 7 *k O CO MO O M CD CD M O O M > V� l0 l0 V a) O Ln O C D M O O M b+ M O O M kc kc ko ko C 'n 7 .0 .--i O O --� O O O O O O O O V� O O O O a) EE O O Q Ln C O O O O D O O O O O O O O y O O O O u V V Q 'n f0 C: O O O O .0 Q C 7 N 0)O O 0) C d V C in O a j 7 Q 7 Ln 0 V Q a)'ZI _ +:0 ami ami } V O +� 0 cn 0 w 9 CITY OF DELRAY BEACH COMMUNITY IMPROVEMENT DEPARTMENT NEIGHBORHOOD SERVICES DIVISION On November 21, 2015, the Community Improvement Department, Neighborhood Services Division, will make available for public review and comment, the City of Delray Beach Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2014-2015. This document highlights the annual performance of the City's Community Development programs with respect to the overall Five -Year Consolidated Plan priorities and objectives for the local housing and community development related programs. Citizens, public agencies, and other interested parties are invited to submit written comments regarding the CAPER on or before December 7, 2015 to: The City of Delray Beach Neighborhood Services Division, Attn: Ferline F. Mesidort, Administrator, 100 NW 1St Avenue, Delray Beach, Florida 33444. City Commission will consider any comments or views of citizens received in writing, or orally at a public hearing on December 8th, 7:00 PM. A summary of these comments will be included in the report upon submission to HUD. 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M L11 pp 0 11 V 11 V V pp N A rL0 ro M O p J O O E N M Ln E E `^, `^, J J °° O Fa i x O O O w w � Z 2 QP��MENr0, Office of Community Planning and Development DATE: 11-18-15 G U.S. Department of Housing and Urban Development TIME: 10:30 * II II * cz Integrated Disbursement and Information System PAGE: 1 vQ IIIIIIII �z PR26 - CDBG Financial Summary Report G R Program Year 2014 Re41V DE\J DELRAY BEACH , FL PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 56,893.07 02 ENTITLEMENT GRANT 404,964.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECTION 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENT YEAR PROGRAM INCOME 0.00 05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00 06 FUNDS RETURNED TO THE LINE -OF -CREDIT 0.00 06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 08 TOTAL AVAILABLE (SUM, LINES 01-07) 461,857.07 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 294,349.45 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 294,349.45 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 86,834.52 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0.00 15 TOTAL EXPENDITURES (SUM, LINES 11-14) 381,183.97 16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 80,673.10 PART III: LOWMOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOW/MOD MULTI -UNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 294,349.45 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 294,349.45 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 100.00% LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 0.00 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 64,044.92 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 14,758.22 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 49,286.70 32 ENTITLEMENT GRANT 404,964.00 33 PRIOR YEAR PROGRAM INCOME 0.00 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 404,964.00 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 12.17% PART V: PLANNING AND ADMINISTRATION (PA) CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 86,834.52 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 15,439.68 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00 41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 71,394.84 42 ENTITLEMENT GRANT 404,964.00 43 CURRENT YEAR PROGRAM INCOME 0.00 44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 404,964.00 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 17.63% QP��MENr0, Office of Community Planning and Development DATE: 11-18-15 G U.S. Department of Housing and Urban Development TIME: 10:30 * II II * cz Integrated Disbursement and Information System PAGE: 2 vQ IIIIIIII �z PR26 - CDBG Financial Summary Report G R Program Year 2014 9e41V DE\J DELRAY BEACH , FL LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data. LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data. LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Number Code Objective Drawn Amount 2013 4 364 5750211 BIKEPATHS/SIDEWALKS 03 LMA $2,467.74 03 Matrix Code $2,467.74 2014 5 373 5782915 DEMO - 1209 NW 1ST STREET 04 LMA $8,800.00 04 Matrix Code $8,800.00 2014 3 375 5820014 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $33,100.69 2014 3 375 5834062 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 2014 3 375 5842813 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 2014 3 375 5847250 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 0511) Matrix Code $47,286.70 2013 3 368 5750211 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 053 LMA $750.00 2014 3 379 5842813 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 053 LMA $2,000.00 053 Matrix Code $2,750.00 2013 3 363 5737602 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $4,669.42 2013 3 363 5742947 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $9,338.80 05L Matrix Code $14,008.22 2013 2 359 5737602 BROWN/12-420 14A LMH $11,329.00 2013 2 359 5742947 BROWN/12-420 14A LMH $816.48 2013 2 362 5742947 WILSON/12-428 14A LMH $32,588.00 2013 2 362 5767517 WILSON/12-428 14A LMH $1,247.00 2013 2 365 5742947 MOORE/12-407 14A LMH $891.00 2013 2 366 5737602 SHARP/12-430 14A LMH $19.10 2013 2 366 5742947 SHARP/12-430 14A LMH $9,315.00 2013 2 369 5767518 3ACKSON/12-440 14A LMH $7,953.16 2013 2 369 5769749 3ACKSON/12-440 14A LMH $5,195.25 2013 2 369 5782915 3ACKSON/12-440 14A LMH $2,160.93 2013 2 369 5792033 3ACKSON/12-440 14A LMH $939.00 2014 2 372 5769749 WILLIAMS/14-474 14A LMH $425.00 2014 2 372 5847250 WILLIAMS/14-474 14A LMH $19.10 2014 2 376 5805090 LIVINGSTONE/13-461 14A LMH $425.00 2014 2 377 5810530 BELLAMY/12-443 14A LMH $425.00 2014 2 378 5834062 MARTIN/13-460 14A LMH $425.00 2014 2 380 5847250 DEGROOT/12-441 14A LMH $19.10 2014 2 381 5847250 HERRINGTON/13-459 14A LMH $19.10 2014 2 382 5847250 DANIELS/14-485 14A LMH $425.00 14A Matrix Code $74,636.22 2013 2 361 5737602 HOUSING REHABILITATION ADMINISTRATION 14H LMA $15,693.30 2013 2 361 5742947 HOUSING REHABILITATION ADMINISTRATION 14H LMA $6,590.59 2014 2 371 5767517 HOUSING REHABILITATION ADMINISTRATION 14H LMA $10,897.06 2014 2 371 5767518 HOUSING REHABILITATION ADMINISTRATION 14H LMA $11,068.28 2014 2 371 5782915 HOUSING REHABILITATION ADMINISTRATION 14H LMA $15,258.64 2014 2 371 5792033 HOUSING REHABILITATION ADMINISTRATION 14H LMA $10,964.12 2014 2 371 5805090 HOUSING REHABILITATION ADMINISTRATION 14H LMA $1,125.30 2014 2 371 5810530 HOUSING REHABILITATION ADMINISTRATION 14H LMA $11,022.19 2014 2 371 5820014 HOUSING REHABILITATION ADMINISTRATION 14H LMA $11,211.33 2014 2 371 5834062 HOUSING REHABILITATION ADMINISTRATION 14H LMA $2,575.34 2014 2 371 5842813 HOUSING REHABILITATION ADMINISTRATION 14H LMA $15,815.26 2014 2 371 5847250 HOUSING REHABILITATION ADMINISTRATION 14H LMA $11,345.81 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan Year IDIS Project IDIS Activity Voucher Activity Name Office of Community Planning and Development National DATE: 11-18-15 QP��MENr0, G 360 U.S. Department of Housing and Urban Development Code TIME: 10:30 2014 II 375 5820014 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $33,100.69 II 3 375 5834062 Integrated Disbursement and Information System 05D PAGE: 3 * * cz 375 5842813 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 vQ 3 375 5847250 PR26 - CDBG Financial Summary Report 05D LMC $4,728.67 IIIIIIII �z 2014 1 370 05D Matrix Code $47,286.70 G 9e41V R 368 5750211 Program Year 2014 053 LMA $750.00 2014 DE\J 379 5842813 DELRAY BEACH , FL 053 LMA $2,000.00 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Matrix Code $2,750.00 2013 3 Number 5737602 Code Objective Drawn Amount $4,669.42 2013 3 363 5742947 14H Matrix Code $123,567.22 2014 6 374 5782915 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $6,250.01 2014 6 374 5792033 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $2,083.33 2014 6 374 5810530 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $4,166.67 2014 6 374 5820014 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $2,083.34 2014 6 374 5834062 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $2,083.33 2014 6 374 5842813 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $2,083.34 2014 6 374 5847250 MICROENTERPRISE TECHNICAL ASSISTANCE 18C LMA $2,083.33 18C Matrix Code $20,833.35 Total $294,349.45 LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National 21A 2013 1 360 Number PROGRAM Code Objective Drawn Amount 2014 3 375 5820014 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $33,100.69 2014 3 375 5834062 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 2014 3 375 5842813 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 2014 3 375 5847250 ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES 05D LMC $4,728.67 ADMINISTRATION 21A 2014 1 370 05D Matrix Code $47,286.70 2013 3 368 5750211 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 053 LMA $750.00 2014 3 379 5842813 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 053 LMA $2,000.00 1 370 5834062 PROGRAM ADMINISTRATION 053 Matrix Code $2,750.00 2013 3 363 5737602 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $4,669.42 2013 3 363 5742947 ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES 05L LMC $9,338.80 21A Total 05L Matrix Code $14,008.22 Total $64,044.92 LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan Year IDIS Project IDIS Activity Voucher Activity Name Matrix National Number Code Objective 2013 1 360 5737602 PROGRAM ADMINISTRATION 21A 2013 1 360 5742947 PROGRAM ADMINISTRATION 21A 2014 1 370 5767517 PROGRAM ADMINISTRATION 21A 2014 1 370 5767518 PROGRAM ADMINISTRATION 21A 2014 1 370 5769749 PROGRAM ADMINISTRATION 21A 2014 1 370 5782915 PROGRAM ADMINISTRATION 21A 2014 1 370 5792033 PROGRAM ADMINISTRATION 21A 2014 1 370 5805090 PROGRAM ADMINISTRATION 21A 2014 1 370 5810530 PROGRAM ADMINISTRATION 21A 2014 1 370 5820014 PROGRAM ADMINISTRATION 21A 2014 1 370 5834062 PROGRAM ADMINISTRATION 21A 2014 1 370 5842813 PROGRAM ADMINISTRATION 21A 2014 1 370 5847250 PROGRAM ADMINISTRATION 21A 21A Total Drawn Amount $8,876.67 $6,563.01 $6,446.13 $6,428.55 $4,778.94 $12,035.32 $6,432.96 $9,181.17 $10,141.32 $6,549.67 $6,592.67 $2,735.61 $72.50 Matrix Code $86,834.52 $86,834.52 Ln N M W O ,y a0.i O O O: O O O O O r, O O I n 9 w (' D d O O C): C) O O C) C) O O O :O +0.i C C 7 i'' 7 If O O O_ O_ O_ O 0' O_ O 0' V 0 O O C): C) O O O:OV Oma: O O O :O O Q' O Q' C O C O W W a) a) O n3 U N O O C): O O O: O U N: O O O: O V, V , V V . 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Ln \ § E E -_ .» } } E E . ) '§ Ln » » 0 f 2 ' § } / \ .E = t t ® » » 8 'J q f f -0:\ G s ¥J J d ;\ \; E ;E{ § 0 '/ » ' / :J J ; 0 ; 3 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-330, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Planning and Zoning Department Director THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 ORDINANCE NO. 28-15 (SECOND READING) Recommended Action: Motion to Consider city -initiated amendments to Land Development Regulations (LDR) Section 4.4.13, "Central Business District (CBD)", to adopt the CBD Architectural Design Guidelines and associated amendments to various sections in 4.4.13 of the LDRs. Background: At the December 1, 2015 Regular Commission Meeting, Ordinance No. 28-15 was approved on First Reading. The changes to Ordinance No. 28-15 as discussed by the City Commission have been incorporated and the revisions include the following: Section 2 -Revised Section 4.4.13(C)(2)(b)1. and 2. to require active use liners on Secondary Streets for properties zoned OSSHAD with CBD Overlay. Section 5- Revised Section 4.4.13(F)(3)(d) to specify that eclectic styles may be used for civic buildings or additions or renovations to existing buildings with CC approval via recommendation by SPRAB or HPB. Section 10 -Added definition of Civic Building. City Attorney Review: A Public Hearing Notice was published on Thursday, November 26, 2015, in the Sun Sentinel. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT"^ ORDINANCE NO. 28-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4.13(C) "ALLOWABLE USES"; AMENDING ARTICLE 4.4.13(D) "CONFIGURATION OF BUILDINGS"; AMENDING ARTICLE 4.4.13(E) "FRONTAGE TYPES"; AMENDING ARTICLE 4.4.13(F) "ARCHITECTURAL STANDARDS"; AMENDING ARTICLE 4.4.13(G) "CIVIC OPEN SPACES"; AMENDING ARTICLE 4.4.13(x), "CBD REVIEW AND APPROVAL PROCESS"; AMENDING ARTICLE 4.6.9(D)(11), "MECHANICAL PARKING LIFTS"; DELETING SECTION 4.6.18(B)(14), `BUILDINGS WITHIN THE DOWNTOWN AREA"; AMENDING APPENDIX A "DEFINITIONS"; AND ADOPTING THE "DELRAY BEACH CENTRAL BUSINESS DISTRICT ARCHITECTURAL DESIGN GUIDELINES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment; WHEREAS, recent updates to the land development regulations for the Central Business District require modifications to ensure the intent is achieved and to make those regulations understandable to the public, predictable to landowners, and easier for the city to administer; WHEREAS, the City Commission seeks to adopt the Delray Beach Central Business District Architectural Design Guidelines to provide the framework for the successful execution of quality urban architecture within Delray Beach's downtown; WHEREAS, seven architectural styles have been identified as appropriate for downtown Delray Beach based on historical precedent, climate, and building scale, including Florida Vernacular, Anglo Caribbean, Mediterranean Revival, Classical Tradition, Art Deco, Masonry Modern, and Main Street Vernacular; WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held on October 19, 2015 and recommended that the City Commission approve these amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH, AS FOLLOWS: Section 1. That the "Delray Beach Central Business District Architectural Design Guidelines," included as "Exhibit A," are hereby adopted and applicable to all new development on property located within the CBD or OSSI IAD with CBD Overlay. Section 2. That Section 4.4.13(C) of the land development regulations, "Allowable Uses," shall be amended to read as follows: (1) [NO CHANGES) (2) Use Variations for Primary and Secondary Streets. Primary Streets are intended to be superior pedestrian environments and, as such, are held to higher standards regarding the location of certain uses, including parking. The Regulating Plan designates certain streets as "Primary Streets" and all other streets are considered to be "Secondary Streets." (a) Where a principal or accessory use does not have an "S" in Table 4.4.13(A), the use is permitted on both Primary and Secondary streets. (b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the column, the use is a "Secondary Street" use. 1. Secondary Street uses are permitted without limitations on Secondary Streets e. xceJ2t for properties zoned OSSHAD with CBD Overlay, as identified on Figure 4.4.13-5 — Central Core & Beach Sub -districts Regulating Plan. 2. On Secondary Streets, properties zoned OSSIIAD with CBD Overlay shall line Secondary Street uses (except accessory parking in a surface lot) along the street level for a depth of at least 20 feet on all stories by a use permitted on all streets. 3.2 -.On Primary Streets, Secondary Street uses (including parking garage levels) shall be lined along the street for a depth of at least 20 feet on all stories by a use permitted on all streets (see Figure 4.4.13-8). 4. -3. -On Primary Streets, Public Parking Garages (as mapped on a regulating plan) shall be lined along the sidewalk level for a depth of at least 20 feet by a use permitted on all streets; a use liner is not required on upper levels. (c) The standards for Conditional Uses are in Section 4.4.13(I). (3) Use Limitations on Required Retail Frontages. Streets designated on the Regulating Plan with Required Retail Frontage are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Properties on streets designated with Required Retail Frontage have use and frontage type standards that apply to the sidewalk level story. ORD. NO. 28-15 (a) All Districts. 1. Residential units, including multi -family and live -work, are not permitted in the sidewalk -level story on streets with Required Retail Frontage. 2. On Required Retail Streets, buildings shall use either a Storefront or Arcade with a Storefront frontage type (See Section 4.4.13(E)). 3. On Required Retail Streets, the maximum width of an individual commercial tenant space located in the first story adjacent to the sidewalk is 75 feet. Section 3. That Section 4.4.13(D) of the land development regulations, "Configuration of Buildings," shall be amended to read as follows: (D) Configuration of Buildings: (1) Standards for CBD Generally. The following building configuration standards apply to all CBD Sub -districts: (a) Building Height 1. — 9. [NO CHANGES] a: 4ff -- - • I • SECTION Section 4. That Section 4.4.13(E)(4) of the land development regulations, "Frontage Types," shall be amended to read as follows: (a) — (d) [NO CHANGES] (e) Storefront. The storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefronts are frequently shaded by awnings or arcades. 1. Storefront Dimensions Table 4.4.130 provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-23 illustrates the dimensional requirements and Figure 4.4.13-24 provides a character example. 0 ba. Storefronts shall be directly accessible from sidewalks; storefront doors may be recessed up to 10 feet. ORD. NO. 28-15 Table 4.4.13(I) Dimensional Requirements for Storefronts Minimum Maximum A Building Setback 10 ft. 15 ft. B Store row -Width N/A 75 ft. on Required Retail Streets 4009A C Storefront Base 4-4.9 in. 3 ft. D Glazing Height plus Storefront Base 8 ft. - E Required Openings 6meft 80% ;027'6 —tea Maximum Allowable Encroachment of Elements in All Districts F Awning Projection 3 feet - G Projecting Sign N/A 3 feet Figure 4.4.13-23 Storefront Frontage Type Figure 4.4.13-24 Storefront Character Example eb. ° 0 , Storefront (window and door) openings shall extend along at least 80% of the width of the facade of the commercial space. measured by the sum of the widths of the rough openings. Storefront windows shall have a base nine inches oiie feef to three feet high, w4h +Transparent glazed ff eas windows shall extending from the base to at least eight feet in height as measured from sidewalk grade. Transparent means non -solar, non - mirrored, glass with a light transmission reduction of no more than 20%. 2. Storefront Elements a. Awnings shall project a minimum of three feet from the building facade. b. Awnings shall be consistent with the building's architecture and proportionate to the facade opening shape and size. Except for curved awnings, all awnings shall be sloped 15-35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. c. Storefronts may be combined with forecourts; porches, or arcades. 4 ORD. NO. 28-15 (� — (g) [NO GHANGM] Section 5. That Section 4.4.13(F) of the land development regulations, "Architectural Standards," shall be amended to read as follows: (F) Architectural Standards. To ensure high quality architecture in the downtown area, the following architectural standards apply to all buildings in the Central Business District Sub -districts and in OSSHAD with CBD Overlay. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub -districts. (1) Required Standards. In addition to the standards in this section, all buildings shall follow the Delray Beach Central Business District Architectural Design Guidelines. The ,.eleefe ,,..e,-4ee"PJ (2) Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1), shall also comply with the Visual Compatibility Standards of Section 4.5.1 (1,) (8). (2) Facade Composition. (a) Building Articulations. Building articulations that respond to the site's unique urban condition, such as but not limited to, locations on corners, near public open spaces, terminating the visual axis of a street, and/or that emphasize main building entries, shall be clearly expressed in the design 1. Building articulations in the form of a change in building height and building placement shall be incorporated so that building facade proportions do not exceed height to width ratios of 3:1 or 1:3. (Figure 4.4.13-29) 2. Building articulations shall be reinforced by changes in roof design. fenestration pattern, or architectural elements. Figure 4.4.13-29 Facade Articulation Proportions ..�.......R......( ��!]Ir I�rIw��Rr %ilk iliil;�f�ff1� Illl��l[Illlaill[ 2:1 1:1 1:1.5 (b) Tripartite Composition (Base, Middle, Top). All buildings shall have a clearly expressed base, middle, and top in the facade design. 1. Base. The building base demonstrates the building is solidly anchored to the ground. The base may be configured in a number of way, including, but not limited to the following: a. A thickening of the lower portion of the wall surface, accompanied by a change in material or color; ORD. NO. 28-15 b. the base of a storefront frontage type: or C. the first stony of buildings three or more stories tall, demarcated by cornice or molding. 2. Top. The building top may be demonstrated in a number of was, including, but not limited to the following: a. a change in fenestration patterns: b. placement of architectural elements such as balconies. cornice line and moldings: c. the Daraoet or roofline in buildings one to three stories tall: or d. a setback at the top sto {} Visual Screening. Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate facade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the facade design requirements. 6 ORD. NO. 28-15 Figure 4.4.13-30 Examples of Base, Middle, Top Configurations Top � Top Middle � � e _ ]TOP I ]Middle � Base Middle -- � Base 2. Top. The building top may be demonstrated in a number of was, including, but not limited to the following: a. a change in fenestration patterns: b. placement of architectural elements such as balconies. cornice line and moldings: c. the Daraoet or roofline in buildings one to three stories tall: or d. a setback at the top sto {} Visual Screening. Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate facade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the facade design requirements. 6 ORD. NO. 28-15 Figure 4.4.13-29 iuilding Fad The Clematis Street garage utili.Zes consistent building materials with fenestration patterns to establish an attractive fafade screening the parking levels over the retail space. The Lincoln Theater has the building circulation located along the streets, behind an architectural glass fafade, screening the large expanses of blank walls within the movie theater. (d) Facade Composition Compliance. All development submittals shall Provide diagrams and/or documentation to illustrate compliance with the requirements of this Section which includes Building Articulation, Tripartite Composition. and Visual Screening. Additional analysis demonstrating compliance may be required by the Planning and Zoning Director at my Pomt in the process. (3) Appropriate Architectural Styles. The "Delray Beach Central Business District Architectural Design Guidelines", adopted by Ordinance XX -15 on (DATES. identifies seven architectural steles as appropriate for downtown Delray Beach based on historical precedent, climate, and building scale. Defining characteristics and character examples are provided for each of the styles as guidance. (a) Permitted Architectural Styles. One of the following architectural styles shall be identified on permit application drawings and the building design shall reflect the defining characteristics outlined in the `Delray Beach Central Business District Architectural Design Guidelines" document: 1. Florida Vernacular; 2. Anglo -Caribbean; 3. Mediterranean Revival; 4. Classical Tradition; 5. Art Deco; 6. Masonry Modern; 7. Main Street Vernacular. (b) Mixing of styles is not permitted; however, projects comprised of multiple buildings may use more than one stdprovided each building uses one st e.g. an Anglo -Caribbean building next to a Florida Vernacular buildings, and facade portions of long buildings may use different std provided each portion uses one style. (c) Other Architectural Styles. Elevations introducing a new styley be utilized with City Commission approval, via recommendation by SPRAB or HPB, as applicable. Applicants shall provide the following: ORD. NO. 28-15 1. A description including images of a documented and substantiated Florida vernacular architecture: 2. A written justification of the appropriateness of the style for downtown Delray Beach; and 3. An explanation including graphics demonstrating how the building design follows the proposed style. ( Eclectic combinations of architectural styles may be used for civic buildings or for additions or renovations to existing buildings with City Commission approval, via recommendation by the SPRAB or HPB, as applicable. Applicant shall provide a written justification of the appropriateness of the eclectic combination of styles for downtown Delray Beach. (e) Accessory structures such as enclosures used for the screening of mechanical and electrical eduip�ent. loading and service areas. and/or dumpster and recycling areas shall be consistent with the architectural style of the principal building. (4) Walls: (a) Walls shall have a maximum of two primary materials, excluding windows, doors, accents and trims. The materials shall be appropriate to the architectural style and shall be consistent on all sides of the building. Materials that simulate other materials shall count as separate materials if there is a change in texture, color, or pattern of the finish. (b) Materials or patterns not expressly prohibited may be used if consistent with the architectural style of the building. (c) Metal curtain walls are permitted only on buildings designed in the Masonry Modern style and shall be limited to 30% of the total building exterior elevation. (d) Prohibitions: 1. Prefabricated and pre-engineered metal wall panels. 2. Metal curtain wall systems with 100% glass and metal combination. (e) Treatment of Blank Walls: 1. Blank walls shall not exceed a length of 50'. or 20% of the length of the building facing the street, whichever is less. 2. Blank Walls. Blank walls shall receive two or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: a. Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30% of the blank wall surface. b. Small setbacks, projections, or indentations with a minimum depth of eight inches, or intervals of material change to break up the wall's surface. C. Additional architectural details such as pilasters, medallions, decorative panels or castings, decorative accent tiles, wall -mounted fountains, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. ( Openings. {} Building facades facing streets or civic open spaces shall have transparent windows covering between 20% pe and 75% pe of the wall area of each story as measured between ORD. NO. 28-15 finished floors. Transparent means non -solar, non -mirrored glass with a light transmission reduction of no more than 20%. (b) Storefronts are required on all buildings located on streets designated on the Regulating Plan with Required Retail Frontage and on all new retail or restaurant uses. All storefronts shall meet the design requirements in Section 4.4.13(E)(4)(e). (c) All public entries, excluding emergency exits, shall be easily identifiable and integrated into the building architecture and use one of the frontage types in Section 4.4.13(E)(4). Each freestandingi2rincipal structure shall have a minimum of one clearly defined primary public entrance facing the street. (d) Window and door shutters shall be sized to match the dimensions of the wall openings. (e) Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right-of-way, except where currently existing. (fl Garage doors, entrances and exits with street frontage shall be designed to have a decorative appearance consistent with the overall architectural composition of the project. (6) Roofs: (a) Roof eaves above pedestrian walkways must be guttered to promote a pedestrian friendly environment. Plastic gutters are prohibited. (b) Roof types and roofing materials must be consistent with the architectural style le of the building. (c) Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet in height or sufficient height to screen all roof mounted equipment. whichever is greater, measured from the top of the roof deck to the top of the parapet wall. Exception to the height requirements shall be pursuant to Section 4 -3 -4(j)(4 - (d) .3.4 3 .(d) Roof mounted electrical, mechanical, air conditioning, and communication equipment shall be completely screened from adjacent properties and streets. (e) Prohibitions: 1. Flat asphalt shingles. Architectural 3 -tab asphalt shingles with a minimum 30 year warranty are permitted. 2. Plastic gutters. (7) Elements: (a){4 Cornices and moldings shall extend a minimum of two inches from the surface plane of the building wall. Cornices and moldings are continuous facade elements and may not be covered by awnings or signs. Significant architectural elements such as columns, pilasters, and towers may interrupt moldings. (b) Arcades, Porches, Trellises, Loggias and Balconies: 1. Materials for arcades, porches, trellises, loggias and balconies shall be consistent with the architectural style of the principal building, 2. The spacing between columns, pillars, and posts shall have a height to width or width to height ratio of 1:1. 2:1. or 2:3 and shall be consistent with the ORD. NO. 28-15 building's architectural style. The maximum spacing between columns, from centerline to centerline shall be 24 feet. 3. Columns,l2illars and posts shall be appropriate for the architectural style of the building. Masonry columns or pillars shall be a minimum of 12 inches in width or depth. Wood posts shall be a minimum six inches in size, width, or depth. 4. Arches over columns that are part of an arcade shall have no less than 8 inches in depth. (c){F Awnings shall be consistent with the building's architecture and facade opening shape. Awnings shall project a minimum of three feet from the building facade. Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. Any names or logos printed on awnings shall be counted as square footage against the overall permitted signage - 4d In the absence of a building facade, a streetwall is required along both Primary and Secondary Streets. Streetwalls shall be three feet tof4r-ee feet " 3 feet, 6 inches in height, located in line with the building facade or the front setback. Streetwalls shall be composed of either an opaque wall of the same material and color as the building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal feet, uniformly spaced, shall be installed along the length the streetwall. (e) Chain link fences are prohibited except within sites containing outdoor recreation uses or facilities such as baseball, tennis, racquetball, etc. in which case they must be appropriately screened with landscaping pursuant to Section 4.6.16. (fl A maximum of four base wall colors shall be used for each building, except as required for artworks or murals as approved by the Site Plan Review and Appearance Board or Historic Preservation Board. Mechanical elements and eauioment necessary to the operation or maintenance of the building such as, but not limited to, elevator, stair, and mechanical rooms, cooling towers, vent stacks and antennae shall be designed to be integral parts of the overall building design, provide a balanced and graceful silhouette, and ameliorate the visual impact to adjacent buildings. Minor features not exceeding one foot in height shall be exempted from this regulation. (h) Miscellaneous free standing, wall or ground mounted appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air conditioning and communication equipment shall be enclosed or screened and integrated into the building's architectural treatment. The appurtenances shall also be prohibited within the front (i) Prohibitions: a. Security bars on storefronts or display windows. b. Neon or fluorescent lighting, unless incorporated into the architectural concept of the project or public artwork and approved by the Site Plan Review and Appearance Board or the Historic Preservation Board. An example of this may be a design element associated with an Art Deco project. (8) Parking Garages. Above ground parking garages shall comply with the architectural requirements of this Section and the following additional requirements: (a) Ramps shall be visually screened from streets and adjacent residential zoning districts and oriented towards the interior of the lot within a project where possible. Ramp profiles shall be hidden on the exterior elevations. 10 ORD. NO. 28-15 (b) Roof top narking shall be visually screened with articulated parapet walls or other architectural treatment acceptable to the Site Plan Review and Appearance Board. Exterior lighting shall utilize fixtures provided with cut-off shielding in order to eliminate glare and spillage onto adjacent properties and roadways. (c) The openings of the garage shall be designed in a manner that obscuresparked vehicles. Decorative architectural elements on the ground floor level shall be designed to accommodate the pedestrian scale. Parking levels above the ground floor shall maintain the same vertical and horizontal articulation or rhythm and incremental appearance established on the ground floor. (d) Setback Waiver. To maximize the efficiency of a parking garage, parkinggarages or the garage portion of the building may request a waiver from the setback requirements of Section 4.4.13(D)(for portions of the building above three stories) subject to compliance with the following requirements: 1. The garageor the garage portion of the building elevation provides unified design elements with the main building through the use of similar materials and color, vertical and horizontal elements, and architectural style. 2. In OSSHAD and on Secondary Streets in the CBD, a minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights-of-way shall be devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices. etc. This number may be reduced by the Site Plan Review and Appearance Board or the Historic Preservation Board. On Primary Streets in the CBD, the perimeter of the garage or the garage portion of the building adjacent to the street rights-of-way shall be lined by active uses (see Section 4.4.130. 3. Architectural features shall be incorporated into the facade to mitigate the building's mass and bulk and along portions of the building adjacent to street rights-of-way. (9) Reduction of Urban Heat Islands. In order to reduce urban heat islands for both roofed and non -roofed areas, the following standards shall apply to building and site design: (a) Non -roofed: Provide shade (within § five years) on at least 30% of non -roof side, including parking lots, walkways, plazas, etc.; or use impervious surface on the s light-colored/high-albedo materials (reflectance of at least 0.3) for 30% of the site's non -roofed impervious surfaces; or, use open -grid pavement system (net impervious area of less than 50%) for a minimum of 50% of the parking lot area. (b) Roofed: Use Energy Star roof -compliant, high -reflectance and high emissivity roofing (initial reflectance of at least 0.65 and three -year -aged reflectance of at least 0.5 when tested in accordance with ASTM E903 and emissivity of at least 0.9 when tested in accordance with ASTM 4080 for a minimum of 75% of the roof surface); or install a "green" (vegetated) roof for at least 50% of the roof area. (c) Parking Garage Roofs: Provide shade on at least 30% (within -5 five years) of any exposed parking on the roof. (10) Green Building Practices. Cross -ventilation, energy efficiency, and green building design shall be considered for all projects. All development which proposes to build 50,000 square feet or more, in one or more buildings, shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. 11 ORD. NO. 28-15 (a) — (c) [NO CHANGES) Section 6. That Section 4.4.13(G) of the land development regulations, "Civic Open Spaces," shall be amended to read as follows: (1) Amount Required. New development or additions of gross floor area equal to 20% pefeeraf or more to existing buildings shall provide civic open space as follows: (a) Sites smaller than 20,000 square feet have no civic open space requirement. The first 20,000 square feet of sites larger than 20,000 square feet are not used in the computation of required civic open spaces. (b) Sites between 20,000 and 40,000 square feet are required to provide 5% of the site's area that is above 20,000 square feet as civic open space. (c) Sites 40,000 square feet or more. Sites 40,000 square feet or more in size are required to provide civic open space as follows: 1. 5% of the site's area between 20,000 and 40,000 square feet; plus 2. 7% of the site's area above 40,000 square feet. For example, a site 62,000 square feet in size will calculate civic open space as follows: 20,000 square feet = 0 20,000 square feet x 5% = 1000 square feet 22,000 square feet x 7% = 1540 square feet Total Civic Open Space Required = 2,540 square feet (d) Dedicated rights-of-way and area used to meet the minimum setback or minimum streetscape standards in Section 4.4.13(E) do not count toward fulfilling the required amount. (2) [NO CHANGES) (3) Configuration. Civic open spaces shall be configured as follows: (a) The civic open space shall adjoin a street front property line for no less than 30 linear feet. (b) The required amount of civic open space shall be configured in square or rectangle: additional area above the required amount may augment the space, creating another shape See Figure 4.4.13-33). 12 ORD. NO. 28-15 Figure 4.4.13-33 Civic Open Space Configuration Property Line Minimum Setback r T� Required Civic Open Space Area I I Extra Civic Open Space Area Building {b Except for attached greens, civic spaces shall have a proportion so that the depth is no more than 2.5 times the width, and the width is no more than -5 five times the depth; 4d{e} Civic open spaces shall be lined by building facades or streets on all sides. To provide oversight of the space, buildings facing civic open spaces shall contain active uses; parking lots, parking garages, and storage areas are not considered active uses. 4e4 {} Civic open space requirements of 3,000 square feet or more may be provided in up to two spaces; requirements less than 3,000 square feet shall be provided in one space. (4) [NO CHANGES] Section 7. That Section 4.4.13(1) of the land development regulations, "CBD Review and Approval Process," shall be amended to read as follows: (1) Visual Impact Analysis: A 3-D visual impact analysis will be required which includes a model of the proposed development in a format compatible with GIS. such as SketchUp. Communityviz, City Engine. etc. Models shall depict building height, massing, and other details such as rooftop equipment which may visuallimpact adjacent properties. The model analysis shall be in accordance with the following; (a) New construction of 10.000 gross square feet or less: Model of the development site. (b) New construction of 10.001 gross square feet to 100.000 gross square feet: Model of the development site and all properties and structures within a 100 foot radius of the development site, as measured from the property lines of the development site. (c) New construction of 100.001 gross square feet or more: Model of the development site and all properties within a 500 foot radius of the development site, as measured from the property lines of the development site. (d) Additional analysis and/or an expanded analysis area may be required based upon project location or potential development impacts. This may be required by the Planning and Zoning Director at my point in the process. (e) A Sight Line Study of all development consisting of two or more stories shall be submitted for review b): the gpproving body. The study shall include a one or more two-dimensional cross section, at a minimum scale of 1:100, of the site showing the building with the equipment screemnt7 in relation to the adiacent properties (includinLy views from upper stories) and/or the public street. 13 ORD. NO. 28-15 W Graphic illustration showing that the equipment is not visible within a 200 foot radius. The radius shall be measured from the exterior side of the screen to a point 10 feet above finished grade. ��2 In established structures, uses shall be allowed therein upon application to and approval by the Chief Building Official for a Business Tax Receipt. Site Plan Review and Appearance Board (SPRAB). For any new development requiring approval under Sections 2.4.5(F), 2.45(Il), or 2.4.5(1), approval must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the property is located within a designated historic district or is individually designated (see subsection (3) below). In addition, the SPRAB has the following authority within the CBD: (a) — (� [NO CH- NGES] (g) Recommend approval or denial to the City Commission of proposed architectural styles and/or any addition of architectural styles for use in the CBD or modifications to the Delray Beach Central Business District Architectural Design Guidelines. Section 8. That Section 4.6.9(D)(11) of the Land Development Regulations, "Mechanical Parking Lifts" is hereby amended to read as follows: (11) Mechanical Parking Lifts: (a) Single level mechanical parking lifts ("Lifts' shall be integrated into a structure for the uses they serve, constructed with at least three walls and a roof, in accordance with Section 4.4.13 4(8 , to provide adequate screening and containment of sound from operation of the lifts for the benefit of adjacent land uses. Section 9. That Section 4.6.18(B)(14) of the Land Development Regulations, "Buildings within the Downtown Area" is hereby deleted in its entirety, and is included as "Exhibit B." Section 10. That Appendix A of the land development regulations, "Definitions," shall be amended to add the following alphabetically: BUILDING ARTICULATION: Delineation that expresses distinct portions of a building. t\,picall - through changes in the location of the building facade, in building height, and fenestration patterns. CIVIC BUILDING: A public building dedicated to arts, culture, education, recreation, worship, or government. FENESTRATION: The arrangement of windows and doors on the elevations of a building_ ROOF EAVE: In pitched roofs_ the eave is the lower edge of the roof which projects beyond the face of the wall. In flat roofs, the eave is the cantilevered portion of the roof which projects beyond the face of the wall. TRIPARTITE: Consisting of three parts: in building facades, a base, a middle, a top. 14 ORD. NO. 28-15 Section 11. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 13. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2015. ATTEST: City Clerk First Reading- Second eading Second Reading. MAYOR 15 ORD. NO. 28-15 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-207, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning & Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 ORDINANCE NO. 28-15 (FIRST READING) Recommend Action: Motion to approve Ordinance No. 28-15 on First Reading to adopt the Delray Beach Central Business District (CBD) Architectural Design Guidelines and the City -initiated amendments to the Land Development Regulations (LDR) consistent with the guidelines. Background: The CBD regulations adopted by Ordinance No. 02-15 referred to the pending design guidelines. During development of the guidelines and through additional administration of the CBD regulations, certain LDR amendments were found to be necessary. These amendments are proposed concurrent with the adoption of the auidelines. The proposed amendments are briefly summarized as follows: Added language to specify that for "Required Retail Streets", the maximum width of an individual commercial tenant space adjacent to the sidewalk is 75 feet in LDR Section 4.4.13(C)(3), Use Limitations on Required Retail Frontages. Existing language regarding flat roofs, green roofs, and mechanical equipment moved to Section 4.4.13 (F) from LDR Section 4.4.13(D), Configuration of Buildings. Revised the LDRs to require Storefronts to be accessible from the sidewalks, maximum width requirement revised to 75 feet from 100%, reduction of Storefront Base from 1 feet to 9 inches, and a minimum glazing revision increased to 80% from 70% with no maximum (90% is presently the maximum). Clarification also provided regarding the storefront openings spanning at least 80% of the commercial space fagade in LDR Section 4.4.13(E)(4), Frontage Types. Clarified the text regarding application of the architectural standards, addition of required specifications regarding "Fagade Composition" and "Tripartite Composition", specification of appropriate architectural styles with reference to the "Delray Beach Central Business District Architectural Design Guidelines", added requirements presently located in Section 4.6.18(B)(14), and added specifications regarding green building practices in LDR Section 4.4.13(F), Architectural Standards. Added text regarding the configuration of civic open space in LDR Section 4.4.13(G), Civic Open Spaces. Added requirements to provide a Visual Impact Analysis and a Sight Line Study for all new construction projects, and added language requiring that SPRAB make a recommendation to the City Commission regarding any proposed new architectural styles in LDR Section 4.4.13(K), CBD Review and Approval Process. Revised LDR Section 4.6.9(D)(1 1)(a), Mechanical Parking Lifts, to appropriately refer to a new Section. City of Delray Beach Page 1 of 2 Printed on 11/24/2015 powered by LegistarT"^ File M 15-207, Version: 1 Deleted LDR Section 4.6.18(B)(14), Buildings within the Downtown Area, and placed into 4.4.13(F), Architectural Standards. Added definitions for "Building Articulation", "Fenestration", and Tripartite." In addition to the CBD amendments, the Ordinance also adopts the Delray Beach Central Business District Architectural Design Guidelines. The guidelines, which are referred to in the LDRs, are a supplemental set of design rules for development in the CBD and OSSHAD with CBD Overlay. On October 19, 2015, the Planning and Zoning Board reviewed the proposed Ordinance and recommended approval tothe City Commission. The Board recommended the following changes which have been incorporated into the Ordinance: • Require that all development consisting of two or more stories also submit a Sight Line Study; and, • Clarify that while flat asphalt shingles are prohibited, architectural 3 -tab asphalt shingles are permitted. City Attorney Review: Approved as to form and legal sufficiency. City of Delray Beach Page 2 of 2 Printed on 11/24/2015 powered by LegistarT"^ nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-326, Version: 1 TO: Mayor and Commissioners FROM: Tim Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 ORDINANCE NO. 22-15 (SECOND READING): AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR), SECTION 4.6.19 TO PROMOTE TREE PRESERVATION AND PROTECTION. Recommended Action: Motion to Approve Ordinance No. 22-15, "Tree Preservation, Protection, Enforcement and Maintenance" to the City Commission regarding the promotion of tree preservation and maintenance of the existing urban tree canopy. Background: It has become apparent through recent development projects and a detailed analysis of our Tree Ordinance that LDR Section 4.6.19 allows certain provisions that do not fully support the City's goals for tree preservation and protection. The main purposes for the proposed amendment to LDR 4.6.19 is removal of the sections that allow for the removal of trees through certain exemptions; promote the preservation of trees during development of new sites by increasing the in -lieu fee paid into the Tree Trust Fund; allow a level of latitude to the tree mitigation requirements for property owners of existing single family homes; require the installation of root barrier devices where applicable; allow relocation to off-site locations as an option; and changing the approval authority from the Chief Building Official to the Planning and Zoning Director. A detailed analyis of the proposed amendment can be found in the supporting documentation. City Commission Discussion: Accept a City -initiated amendment to LDR section 4.6.19 to promote tree preservation and protection. Advisory/Approving Board Recommendation: On November 3, 2015, the City Commission approved the first reading with a vote of 4 to 1, with changes. The City Commission directed the following to be incorporated into the amendment before approval of the second reading: Changing the caliper measurement of Exceptional Specimen Trees to eight inches (previously 12 inches). Clarifying the mitigation requirements for trees to be of a hardwood species. Palms would not count towards mitigation. City of Delray Beach Page 1 of 2 Printed on 12/2/2015 powered by LegistarT"^ File #: 15-326, Version: 1 • Clarifying the flexibility on mitigation for single family homes to include both attached and detached properties. The Commission also directed a full comprehensive review of the entire Tree Preservation, Enforcement and Maintenance ordinance. An updated ordinance is to be presented to City Commission by June 1, 2016. City Attorney Review: Approved as to form and legal sufficiency. Funding Source: N/A Timinq of Request: N/A ATTACHMENTS: Ordinance No. 22-15: "Tree Preservation, Protection, Enforcement and Maintenance" City of Delray Beach Page 2 of 2 Printed on 12/2/2015 powered by LegistarT"^ ORDINANCE NO. 22-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.19, "TREE ORDINANCE", SUBSECTION (C) (1), "COMPLIANCE"; SUBSECTION (D) (2), "DESIGNATION/PROTECTION OF EXCEPTIONAL SPECIMEN TREES"; SUBSECTION (D) (3), "SUBSTITUTION OF MATURE, EXCEPTIONAL SPECIMEN TREES/SPECIMEN TREES FOR REQUIRED PARKING"; SUBSECTION (E) (3), "PROCEDURE"; SUBSECTION (E) (4), "ISSUANCE OF PERMIT"; SUBSECTION (E) (5), "IMPOSITION OF CONDITIONS"; SUBSECTION (E)(8), "PENALTIES"; SUBSECTION U) (3), "CLEANUP"; AND SUBSECTION (l), "PROHIBITED SPECIES REMOVED"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 21, 2015 and voted 7 to 0 to recommend approval to the City Commission; and WHEREAS, the City Commission of the City of Delray Beach directed staff to strengthen the requirements for preserving the existing urban tree canopy so that the quality of life will be enhanced through the reduction of the heat island effect, by providing cleaner air, additional shade, refuge and food for wildlife, better drainage capabilities, additional visual interest and appeal and decreasing the carbon footprint; and WHEREAS, the provisions of this ordinance provide for increased mitigation requirements for the removal of existing trees and allowing flexibility with the relocation of trees to off-site locations; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: 1 ORD. NO. 22- 15 Section 1. That Section 4.6.19, "Tree Ordinance", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby renamed as follows: Section 4.6.19 "Tree Ordiffitneell "Tree Preservation, Protection, Enforcement, and Maintenance" Section 2. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (C)(1), "Compliance", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (1) Compliance: (a) Prior to the issuance of a landscape permit or a building permit for a structure, a paving permit, or site permit for infrastructure installation, compliance with the requirements of the 'Tiee-ter this section shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C) and 4.6.16. Section 3. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (D)(2), "Designation/Protection of Exceptional Specimen Trees", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (2) Designation/Protection of Exceptional Specimen Trees: Where site or development plan approval is required, the approving board shall make the determination in conjunction with the G14ef BtAeliftg Offiei Planning and Zoning Director or 14s//ker designee that a tree meets the designation criteria for an exceptional specimen tree. All development proposals shall protect existing trees to the fullest extent possible and shall illustrate on the site/landscape plan all new development in relation to all existing exceptional specimen trees on the site. During the Site Plan Approval process, a tree survey shall be required showing the location, diameter, species and condition of all exceptional specimen trees. A written report from a certified arborist documenting all findings including the type of tree, specifications, condition and an explanation outlining the reasons for removal is also required. Every effort shall be made to incorporate exceptional specimen trees in the development plan on site without relocating them. If saving the tree in its existing location is not feasible then the tree should be relocated on site. If saving such trees severely restricts the permitted use of the property, then the tree shall be allowed to be relocated off-site. Destruction of the tree(s) is the last option which may be done upon issuance of a tree removal permit, after all other considerations have been exhausted. 2 ORD. NO. 22- 15 Section 4. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (D)(3), "Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (3) Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking: (a) The City may require or the applicant may request the substitution of existing, mature, healthy, exceptional specimen/specimen trees specimens for required parking spaces in instances where the following conditions are met: 1. Such trees are of a hardwood and/or deciduous variety and a minimum of " eight inches (8"� in diameter measured at four and a half feet (4 1/2) above grade. 2. Such trees are free of disease and insects. 3. Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands as required by the Land Development Regulations. 4. Such trees are protected during construction as prescribed in the Land Development Regulations. (e) All tree(s) which are to be preserved under this section and do not survive shall be replaced with the equivalent number of caliper inches or by a hardwood tree with a minimum of eighteen feet (18') in height and a ten foot (10') spread of canopy where the tree cannot be accommodated on a caliper inch -per -inch - basis, and an in -lieu of fee shall be deposited into the tree trust fund to make up the difference. The in -lieu fee shall be calculated at afte ,t__ftare a4ars {$100.00} per caliper inch for such difference. The Planning and Zoning Director or his,Iker designee shall approve such replacements. Section 5. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (E)(3), "Procedure", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (3) Procedure: Upon acceptance of the application, the Planning and Zoning Director or designee, shall inspect the site and verify the information provided in the application and shall identify what measures must be taken with respect to tree protection, tree removal and erosion control. Trees may be removed if the following conditions exist. 3 ORD. NO. 22- 15 (a) The tree is located in the buildable area or yard area where a structure or improvements are to be placed and it unreasonably restricts the permitted use of the property; and, the tree cannot be relocated on the site or to an off-site location because of its condition, size, type, or age; (b) The tree is diseased, injured, in danger of falling, interferes with utility services, creates unsafe vision clearance, or deemed to be hazardous by the Planning and Zoning Director or ltis,lhe designee. Observable physical damage to building foundations, driveways, and water and sewer lines shall alae constitute a reasonable request for the removal of a tree only if root protection devices (such as root barriers) are not a viable option. In certain cases. the Planning and Zoning Director or designee may require a written report from a certified arborist and/or a structural engineer. The report shall document all findings including the type of tree, specifications, condition and an explanation of why root protection devices are not a viable option. Section 6. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (E)(4), "Issuance of Permit", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (4) Issuance of Permit: (a) Normal Issuance: Upon approval of the application by the Chief Btfildifig Offieial Planning and Zoning Director or mer designee, and payment of the application fee, a permit shall be issued. The permit shall require compliance with the conditions of approval, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days. Permit applications that include tree removal must be submitted by a tree trimmer or arborist, licensed with the City of Delray Beach. Contractors licensed simply as a landscape contractor shall not remove trees. (b) Issuance for Single Family Units: On the property of single family residences, the owner may submit a land clearing or tree removal permit application to do the work himself, providing the dwelling is owner occupied and providing that the extent of the work, in the opinion of the Chief Btli"fig Offieial Planning and Zoning Director, or mer designee, can be done safely by the property owner. However, street trees that are depicted on the landscape elan of record for a subdivision may not be removed unless conditions as described within LDR section 4.6.190E (3) exist. Mitigation requirements may apply 4 ORD. NO. 22- 15 (c) Emergency Issuance: In the event that any tree shall be determined to be hazardous or in a condition so as to endanger the public health or safety, and require removal without delay, verbal authorization may be given by the Chie€ Planning and Zoning Director or designee and the tree may be removed prior to the issuance of a permit as herein required. A permit shall be applied for `after the fact' within seven (7) days of the verbal authorization and removal. Section 7. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (E) (5), "Imposition of Conditions", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (5) Imposition of Conditions: The permit shall set forth mitigation of adverse impacts, included in the `conditions of approval' associated with removal or relocation as provided for in the following: (a) The tree may be required to be relocated to a suitable location on the site or off- site. Trees with a 5) twenty-four -four (24:� inch caliper or less are eveefec re uired to be relocated, if possible. (b) All hardwood and/or deciduous trees removed shall be replaced with one 44 or more hardwood and/or deciduous trees with the equivalent number of caliper inches with the direction of the Planning and Zoning Director or his/lker designee. (c) All replacement trees must be planted within sixty (60) days of the issuance of the permit, or within the guidelines established for tree replacements in connection with major storm events, unless a phasing plan has been approved by the City. (d) Where the property cannot accommodate tree replacement on a caliper inch - per -inch basis, an in -lieu of fee shall be deposited into the Tree Trust Fund. The in -lieu fee shall be calculated at 350.00 per caliper inch for those trees with a caliper of less than eight inches (8"). The in - lieu fee shall be calculated at $450.00 per caliper inch for those trees with a caliper of eight inches (8") or greater. Trees determined to be diseased, injured, in danger of falling, , iftferfer4� with , or deemed to be hazardous by the Planning and Zoning Director or hmis,lhe designee, shall be exempt from replacement on a caliper inch -per -inch basis and shall not be required to deposit the in -lieu of fee into the Tree Trust Fund but the applicant shall be required to plant a hardwood tree with a minimum fwelve 5 ORD. NO. 22- 15 sixteen foot { } 16' height and sig seven foot {4r 7' spread of canopy. Palm trees do not count towards mitigation of hardwood and/or deciduous trees. (e) Existing single family homes, both attached and detached, are exempt from mitigation requirements so long as the tree proposed for removal has a caliper of less than eight inches (8") and the property contains the minimum number of code sized trees on the lot (1 tree for every2,500 square footage of lot area). Trees that are proposed for removal which have a caliper of eight inches (8"L greater cannot be removed unless life safety issues.. property destruction, irreversible structural deficiencies within the tree, or incurable disease can be documented and no other tree saving options are available. A certified arborist's report is required to be submitted documenting these issues. If applicable, mitigation of removed trees shall be the smaller of either the quantity of trees to reach the minimum code requirement for the size of the lot or a quantity of trees that equal the caliper measurement of the tree that is proposed for removal. Tree removal permits aptly and are required to be attained prior to removal. Section 8. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (E) (8), "Penalties", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (8) Penalties: (a) Triple Fees: The penalty for failure to obtain a permit shall result in a triple -fee for each violation including each tree removed. All trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Planning and Zoning Director or kis,lhe designee. Where the property cannot accommodate tree replacement on a caliper inch -per -inch basis, an in -lieu fee shall be deposited into the Tree Trust Fund. The in -lieu fee shall be calculated at 350.00 per caliper inch for those treeswith a caliper of less than eight inches 8" . The in -lieu fee shall be calculated at $450.00 per caliper inch for those trees with a caliper of eight inches (8") or greater. This in -lieu fee is afid he in addition to the triple permit fee penalty. Palm trees do not count towards mitigation of hardwood and/or deciduous trees. (b) Exceptional Specimen Trees: The penalty for removing an exceptional specimen tree shall be a five hundred dollar ($500.00) fine in addition to replacement of the historic tree with one or more trees with the equivalent number of caliper inches with the direction of the Planning and Zoning Director or mer designee. Where the property cannot accommodate tree replacement on a caliper inch -per -inch basis, an in -lieu fee ORD. NO. 22- 15 shall be deposited into the Tree Trust Fund. The in -lieu fee shall be calculated at 350.00 per caliper inch for those trees with a caliper of less than eight inches (8"�. The in -lieu fee shall be calculated at $450.00 per caliper inch for those trees with a caliper of eight inches (8"L greater. This in -lieu fee is atid he in addition to the exceptional specimen tree removal penalty. Palm trees do not count towards mitigation of hardwood and/or deciduous trees. Section 9. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection U)(3), "Cleanup", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (3) Cleanup: (c) All properties with a landscape plan of record shall be required to replace trees and landscaping per the approved plan. Trees shall be replaced per the approved plan on a tree per tree basis and not on a caliper inch basis, thereby not requiring a deposit into the tree trust fund. Residential properties have one (1) year from the storm event, and non-residential properties have six (6) months after the storm event. The i Planning and Zoning Director or his/Zhe designee may approve additional time for replacement in instances where damage has been severe or tree replacements are unavailable. Section 10. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance", Subsection (N), "Prohibited Species Removed", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (N) Prohibited Species Removed _All Prohibited Species shall be removed from all properties by jattttary 4, -2009 Ty anuar, 2018, and tree replacements may be required if trees were used to satisfy landscape code requirements at the direction of the Planning and Zoning Director or kis,lker designee. Trees shall be replaced per the approved plan on a tree - per -tree basis and not on a caliper inch basis, thereby not requiring a deposit into the tree trust fund. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ORD. NO. 22- 15 Section 13. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. MAYOR ATTEST: CITY CLERK First Reading Second Reading ORD. NO. 22- 15 MEMORANDUM TO: Mayor and Commissioners FROM: Timothy Stillings, Director of Planning and Zoning THROUGH: Donald B. Cooper, City Manager DATE: November 24, 2015 RE: City Commission Meeting — December 8, 2015: Ord. No. 22-15 - A City -initiated amendment to the Land Development Regulations (LDRs) to promote tree preservation through increased mitigation requirements, and elimination of certain exemptions currently available to new developments. (Second Reading/Public Hearing) Background: The most recent revision to the Tree Ordinance was approved by the City Commission on September 16, 2008 by Ord. No. 35-08. This Ordinance instituted the Tree Trust Fund and defined the purpose of the fund and specifics for allocation. The intent of that revision was to preserve or relocate existing trees in an effort to increase our tree canopy throughout the city. However, it has become apparent through recent development projects that LDR Section 4.6.19 (Tree Ordinance) allows certain provisions that do not support the City's goals for tree preservation, protection, and urban canopy. In certain instances for new development, mitigation for the removal of existing trees is exempt depending on the location of the trees. The in -lieu fee for trees that are subject to mitigation is so low that it is less expensive to remove trees and pay into the Tree Trust Fund, rather than preserve or relocate trees. The main purposes for the proposed amendment to LDR 4.6.19 is removal of the sections that allow for the removal of trees through certain exemptions; promote the preservation of trees during development of new sites by increasing the in -lieu fee paid into the Tree Trust Fund; allow a level of latitude to the tree mitigation requirements for property owners of existing single family homes; require the installation of root barrier devices where applicable; allow relocation to off-site locations as an option; and changing approval authority from the Chief Building Official to the Planning and Zoning Director. The following are proposed changes to Section 4.6.19 of the LDRs: • Change the name of the ordinance from "Tree Ordinance" to "Tree Preservation, Protection, Enforcement and Maintenance". • Change the approval authority from the Chief Building Official or his/her designee to the Planning and Zoning Director or his/her designee in several areas of this section. • Section 4.6.19(D)(3)(a)(1): Change designation of Exceptional Specimen Trees from a caliper of 24 inches to 8 inches. • Section 4.6.19(E)(3)(a): Provide the property owner/developer the option to relocate an existing tree to an off-site location if the tree cannot be relocated on the site. • Section 4.6.19(E)(3)(b): Adds language pertaining to existing trees proposed for removal due to conflicts with adjacent underground utilities, such as water and sewer lines, as well as physical damage to foundations and driveways. This code revision may still allow for removal of a tree, but a report from a certified arborist and/or structural engineer will be required to explain why a root barrier would not work and the only option would be to remove the tree to prevent any further damage. Section 4.6.19(E)(4)(b): Street trees that are depicted on the landscape plan of record are not allowed to be removed from a subdivision unless property damage or life safety issues can be demonstrated. • Section 4.6.19(E)(5)(a): Increases the caliper measurement of trees that are expected to be relocated to a suitable location. The increase will change from 15 inches to 24 inches. Section 4.6.19(E)(5)(d): Increases the in -lieu fee from $100.00 to $350.00 and $450.00 per caliper inch (depending on size) for those existing trees that are removed and not replaced with the appropriate number of trees. The in -lieu fee is $350.00 per caliper inch for trees that have a caliper of less than 8 inches. The in -lieu fee is $450.00 per caliper inch for trees that have a caliper of 8 inches or greater. The ordinance removes language pertaining to exemptions from the tree replacement and in -lieu fee requirements. • Section 4.6.19(E)(5)(e): Provide property owners of existing single family homes (attached and detached) some flexibility to the current mitigation and proposed in -lieu fee requirements. Homeowners will be allowed to remove a tree and not mitigate for it so long as they have the minimum number of trees that are required on their property. A certified arborist report may be required describing the reasons for the removal. • Section 4.6.19(E)(8)(a) (Triple -Fee penalty section): This section pertains to the removal of trees without a permit. It increases the in -lieu fee from $100.00 to $350.00 and $450.00 per caliper inch (depending on size) to match section 4.6.19(E)(5)(d). The in - lieu fee is $350.00 per caliper inch for trees that have a caliper of less than 8 inches. The in -lieu fee is $450.00 per caliper inch for trees that have a caliper of 8 inches or greater. • Section 4.6.19(E)(8)(b) (Penalty for removal of Exceptional Specimen Tree section): Increases the in -lieu fee from $100.00 to $350.00 and $450.00 per caliper inch (depending on size) to match section 4.6.19(E)(5)(d). The in -lieu fee is $350.00 per caliper inch for trees that have a caliper of less than 8 inches. The in -lieu fee is $450.00 per caliper inch for trees that have a caliper of 8 inches or greater. • Section 4.6.19(N): Change the date to comply with removal of all invasive plant material city-wide by January 1, 2018. Advisory/Approving Board Recommendation: On November 3, 2015, the City Commission approved the first reading with a vote of 4 to 1. The City Commission discussed a few changes that they would like incorporated into the amendment before approval of the second reading. These included: • Changing the caliper measurement of Exceptional Specimen Trees to 8 inches (previously 12 inches). • Clarifying the mitigation requirements for trees to be of a hardwood species. Palms would not count towards mitigation. • Clarifying the flexibility on mitigation for single family homes to include both attached and detached properties. K • A full comprehensive review of the entire Tree Preservation, Enforcement and Maintenance ordinance. An updated ordinance is to be presented to City Commission by June 1, 2016. Recommendation: The Planning and Zoning Department recommends approval of Ordinance 22-15, "Tree Preservation, Protection, Enforcement and Maintenance" to the City Commission regarding the promotion of tree preservation and maintenance of the existing urban tree canopy. ATTACHMENTS: • Ordinance No. 22-15: "Tree Preservation, Protection, Enforcement and Maintenance" �3 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-332, Version: 1 TO: Mayor and Commissioners FROM: Chevelle D. Nubin, MMC, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: December 8, 2015 RESOLUTION NO. 78-15 (SECOND PUBLIC HEARING) Recommended Action: Motion to Approve Resolution No. 78-15 designating 1475 S.W. 4th Avenue as a Brownfield Area. Background: At the December 1, 2015 Regular City Commission Meeting, Resolution No. 78-15 was approved for the First Public Hearing to designate 1475 S.W. 4th Avenue as a Brownfield area pursuant to Chapter 376, Florida Statutes, and the Second Public Hearing of Resolution 78 -15 was scheduled for the meeting of December 8, 2015. City Attorney Review: A Public Hearing Notice was published on Tuesday, November 24, 2015, in the Sun Sentinel. Timing of Request: The applicant has requested that the designation be complete before the end of the year. City of Delray Beach Page 1 of 1 Printed on 12/2/2015 powered by LegistarT" RESOLUTION NO. 78 - 15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINDINGS; DESIGNATING AS A BROWNFIELD AREA WITHIN THE CITY OF DELRAY BEACH, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT, THE PROPERTY LOCATED AT 1475 SW 4TH AVENUE, DELRAY BEACH, PALM BEACH COUNTY, FL, APPROXIMATELY 2.7 ACRES, AS A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(C), FLORIDA STATUTES, FOR THE PURPOSE OF REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY OF DELRAY BEACH TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has provided, in � 97-277, Laws of Florida, which is codified at � 376.77 — � 376.86, Florida Statutes, for designation of a "brownfields area" by resolution at the request of the person who owns or controls the real estate parcel, to provide for their environmental remediation and redevelopment and to promote economic development and revitalization generally; and WHEREAS, Brookstone Partners, LLC, controls the identified property located at 1475 SW 4"' Avenue, Delray Beach, Palm Beach County, FL (hereinafter the "Delray Beach Area"), as depicted in Exhibit A and more particularly described in Exhibit B and is redeveloping it for a mix of industrial uses; and WHEREAS, Brookstone Partners, LLC, has requested that the City Commission of the City of Delray Beach, Florida designate the Delray Beach Area as a "brownfield area" pursuant to 376.80(2)(c), Florida Statutes; and WHEREAS, the City has reviewed the relevant criteria that apply in designating a "brownfield area," as specified in � 376.80(2)(c), Florida Statutes, and has determined and finds that the Delray Beach Area qualifies for designation as a "brownfield area" because the following requirements have been satisfied: 1. Brookstone Partners, LLC, controls the real estate parcel which is proposed for designation and has agreed to rehabilitate and redevelop it; 2. The rehabilitation and redevelopment of the Delray Beach Area will result in economic productivity in the area, along with the creation of at least five (5) new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement 1 Res No. 78-15 and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area; 3. The redevelopment of the Delray Beach Area is consistent with the City's Comprehensive Plan and is a permittable use under the City's Code of Ordinances; 4. Proper notice of the proposed rehabilitation of the Delray Beach Area has been provided to neighbors and nearby residents, and Brookstone Partners, LLC, has provided those receiving notice the opportunity to provide comments and suggestions regarding the rehabilitation; and 5. Brookstone Partners, LLC, has provided reasonable assurance that it has sufficient financial resources to implement and complete a rehabilitation agreement and redevelopment plan; and WHEREAS, the City desires to notify the Florida Department of Environmental Protection of its resolution designating the Delray Beach Area a "brownfield area" to further its rehabilitation and redevelopment for purposes of � 376.77 — � 376.86, Florida Statues; and WHEREAS, the applicable procedures set forth in § 376.80 and � 166.041, Florida Statutes, have been followed and proper notice has been provided in accordance with � 376.80 and 166.041(3)(c)2, Florida Statutes; and WHEREAS, such designation shall not render the City liable for costs or site remediation, rehabilitation and economic development or source removal, as those terms are defined in Section 376.79 (17) and (18), Florida Statutes, or for any other costs, above and beyond those costs attributed to the adoption of this Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. SECTION 2: The City Commission of the City of Delray Beach, Florida finds that Brookstone Partners, LLC, has satisfied the criteria set forth in � 376.80(2)(c), Florida Statutes. SECTION 3: The City Commission of the City of Delray Beach, Florida designates the area depicted on Exhibit A and described on Exhibit B, attached hereto and incorporated herein by reference, as a "brownfield area" for purposes of � 376.77 — 5 376.86, Florida Statutes. SECTION 4: The City Clerk is hereby authorized to notify the Florida Department of Environmental Protection of the City Commission's resolution designating the Delray Beach Area a "brownfield area" for purposes of � 376.77 — � 376.86, Florida Statutes. SECTION 5: This Resolution shall become effective immediately upon adoption. 2 Res No. 78-15 PASSED AND ADOPTED in regular session on this the day of 2015. ATTEST: CITY CLERK MAYOR Res No. 78-15 nue City of Delray Beach 100 N.W. h, FL 34 Delray Beach, FL 33444 Legislation Text File #: 15-300, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 RESOLUTION NO. 78-15 TO DESIGNATE 1475 SW 4T" AVENUE AS A BROWNFIELD AREA (FIRST PUBLIC HEARING) Recommended Action: Motion to approve the First Public Hearing of Resolution 78 -15 to designate 1475 SW 4th Avenue as a Brownfield area pursuant to Chapter 376, Florida Statutes, and schedule the Second Public Hearing of Resolution 78 -15 for the meeting of December 8, 2015. Background: A request from Brookstone Partners, LLC was submitted for the designation of 1475 SW 4th Avenue as a Brownfield area. The designation request is a result of environmental assessments which have documented contamination from the prior industrial use on the site, fka Waste Management. Pursuant to Chapter 376.80(2)(c), Florida Statutes, for designation of a brownfield area that is proposed by a person other than the local government, the local government with jurisdiction over the proposed Brownfield area shall provide notice and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the public hearing to adopt the resolution, the person establishes all of the following: 1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site. Brookstone currently controls the property via an executed Purchase Agreement with the property owner, Waste Management, Inc., and has agreed to redevelop the site. 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement does not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s.420.0004 or the creation of recreational areas, conservation areas, or parks. Brookstone has submitted that it "will employ no less than five new permanent jobs" which will be full-time and not associated with the rehabilitation or redevelopment of the site. The redevelopment of the site, however, is anticipated to support over 100 temporary construction jobs City of Delray Beach Page 1 of 2 Printed on 11/23/2015 powered by LegistarT"^ File M 15-300, Version: 1 which is noted as having a positive economic impact on the local economy. 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permitted use under the applicable local land development regulations. Brookstone has stated that the redevelopment of the site will consist of a mix of industrial uses "suitable for the location." The subject property is located within the Industrial (1) zoning district, and any proposed redevelopment of the site will require compliance with the applicable Land Development Regulations, as well as consistency with the Goals, Policies, and Objectives of the Comprehensive Plan. 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated pursuant to paragraph (1)(c), and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be posted in the affected area. In accordance with the Public Notice requirements of Chapter 376.80(2)(c)(4) and 376.80(1)(c) (4)(b), Public Notice has been provided by Brookstone Partners, LLC, as follows: * A community meeting was held at the Delray Beach Public Library on October 14, 2015 from 5:30pm to 7:30pm for the purpose of public comments and suggestions regarding the Brownfield designation, future development potential, an advertisement of public hearings to be held by the City. The meeting notice was published in the Sun Sentinel, on Craigslist, and on-site. In addition to the notice provided by Brookstone Partners, LLC, additional notice was published by the City in the Sun Sentinel on Friday, November 20, 2015 for the purpose of advertising the First Reading/Public Hearing of the Brownfield designation request. The Second Reading/Public Hearing will be published similarly on Tuesday, November 24, 2015. 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. Brookstone Partners, LLC hasubmitteded that it "has the necessary capital to fund the budget for and then construct the Project." The submitted request letter along with the "Eligibility Statement" is attached with additional exhibits including the Florida Statute 376.80, Purchase Agreement and Public Notices. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The applicant has requested that the designation be complete before the end of the year. City of Delray Beach Page 2 of 2 Printed on 11/23/2015 powered by LegistarT"^