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03-31-15 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, March 31, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for Participation: 1. 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. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 2. 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 podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium 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. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 -Fax: (561) 243-3774 www.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. March 12, 2015- Special Meeting 5. PRESENTATIONS: A. Spotlight on Education- Orchard View Elementary School B. Sister Cities —David Schmidt, President of Delray Beach Sister Cities Committee 1. RESOLUTION NO. 16-15/SISTER CITIES/HAITI: Approve Resolution No. 16- 15 regarding a Sister City in Haiti. 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. ACCEPTANCE OF RIGHT-OF-WAY DEED/249 PLAZA: Approve a right-of-way deed agreement for a four foot W) right-of-way dedication along the west side of the existing sixteen foot (16') rear alley for 249 Plaza located at 247 S.E. 6th Avenue. B. SERVICE AUTHORIZATION NO. 12-03.1 (AMENDMENT NO. 1)/ CALVIN, GIORDANO AND ASSOCIATES, INC Approve Service Authorization No. 12-03.1 (Amendment No. 1) with Calvin, Giordano and Associates, Inc. in the amount of $5,786.19 to provide professional engineering services (RFQ No. 2012-06) for the design of 90-de2ree back out parking spaces at the alleyway on the west side of 342 N.E. d Avenue (Project #11-024). This is in compliance with Chapter 36 of the Code of Ordinance, Section 36.06(A)(1), "Change Orders Beyond Scope of Work". Funding is available from 334-3162-541-68.72 (General Construction Fund: Other Improvement/N.E. 3rd Streetscape). C. AMENDMENT NO. 2 TO SURVEYING CONSULTING SERVICE AGREEMENTS: Approve Amendment No. 2 to the Surveying Consulting Service Agreements (RFQ 2012-07) with Avirom & Associates, Inc., Caulfield & Wheeler, Inc., Wantman Group, Inc., and Dennis J. Leavy & Associates, Inc to extend the original agreements until April 2016. This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". D. EXECUTION OF THE RECEIPT AND RELEASE FORM ACKNOWLEDGING THE CITY AS A BENEFICIARY OF THE IRVING LIEBERMAN TRUST: Approve the execution of the Receipt and Release Form for the Irving Leiberman Trust that acknowledges the acceptance of property from Janet Fleishman and Neal Lieberman as Successor Trustees of the Irving Lieberman Trust in the amount of$15,000.00. E. REVOCABLE LICENSE AGREEMENT/ DELRAY STUDENTS FIRST, INC./CATHERINE STRONG PARK: Approve a Revocable License Agreement with Delray Students First, Inc. for the use of one classroom (Classroom #3) to tutor and mentor children ages 5 to 16 years old, at Catherine Strong Park for one (1) year with an option for one additional year renewal. F. REVOCABLE LICENSE AGREEMENT FOR VETERANS PARK/EXCURSION BOATS: Approve Revocable License Agreement as to form; provide authorization for the Director of Parks and Recreation to execute Revocable License Agreements for "Excursion Boats" to operate a charter at Veterans Park located at 802 N.E. 1St Street. G. MEMORANDUM OF UNDERSTANDING/BROWARD COUNTY SHERIFF'S OFFICE: SOUTH FLORIDA INTERNET CRIMES AGAINST CHILDREN: Approve a Memorandum of Understanding between Delray Beach Police Department and the Broward County Sheriffs Office which is designed to combat crimes and exploitation against children through the use of computers, computer technology, cell phones and the internet. H. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY: CHILD ABUSE PROTECTIVE INVESTIGATIONS PROTOCOL: Approve a Memorandum of Understanding with Palm Beach County Child Abuse Protective Investigations Protocol for cooperation, collaboration and the sharing of appropriate information by agencies within this jurisdiction. L LEASE AGREEMENT/ SENATOR MARIA SACHS DISTRICT OFFICE: Approval of a retroactive two-year lease agreement between the City and Florida State Senator Maria Sachs from January 1, 2015 to December 31, 2016. J. PROCLAMATIONS: 1. Earth Day-April 25, 2015 K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 23, 2015 through March 6, 2015. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to L.V. Superior Landscaping, Inc. (Bid No. 2015-20) in the amount of $46,022.00 for landscape maintenance services for Lake Ida, Lake Ida Medians, Congress Avenue to Military Trail, George Bush Boulevard (N.E. 81h- Street), and West Atlantic Avenue from Swinton to I-95. This recommendation is in compliance with Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Repair & Maintenance Services/Beautification Maintenance). 2. Bid award to Synovia Solutions, LLC. (Bid No. 2015-29) the lowest responsive bidder, in an annual amount not to exceed $29,000.00 for vehicle fleet global position monitoring systems for 109 city vehicles. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method". Funding is available from various departmental budgets. 9. REGULAR AGENDA: A. CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB) DECISION/ THE CARING KITCHEN: Consider an appeal of a decision of the Site Plan Review and Appearance Board's approval of the Class III site plan modification for The Caring Kitchen located at 196 N.W. 8th Avenue. (Quasi- Judicial Hearin,-) B. CONDITIONAL USE EXTENSION REQUEST/DELRAY MEDICAL CENTER: Consider approval of a conditional use extension request to allow an eighteen (18) month extension until October 10, 2016 for the project associated with Delray Medical Center located at 5270 Linton Boulevard. (Quasi-Judicial Hearing) C. SIDEWALK DEFERRAL/21 GROVE WAY: Consider a request from the property owner of 21 Grove Way for a sidewalk deferral and require the installation of a sidewalk in accordance with the approved permit. (Quasi-Judicial Hearing) D. SERVICE AUTHORIZATION NO. 12-16/ MATHEWS CONSULTING, INC./TROPIC PALMS WATER MAIN (WM) PROJECT - PHASE 2: Consider approval of Service Authorization No. 12-16 with Mathews Consulting, Inc. in the amount of $89,925.00 for professional design services (RFQ #2012-06) related to the Tropic Palms Water Main Project No. 15-022. This is in compliance with Chapter 36 Section 36.02(C)(3), "Professional Services" and Section 36.03(B), "Multiple acquisitions from Vendor Exceeding $25,000.00 in any Fiscal Year". Funding is available from account 442-5178-536-68.97 (Water and Sewer Renewal Replacement Fund: Renewal and Replacement Project/Physical Environment/Improvements Other/ Tropic Palms Water Main). E. SERVICE AUTHORIZATION NO. 12-06/ WANTMAN GROUP INC./ PHASE 2 - N.E. 2ND AVENUE/SEACREST BEAUTIFICATION PROJECT: Consider approval of Service Authorization (S.A. No. 12-06) with Wantman Group, Inc. for the design of N.E. 211d Avenue and Seacrest Beautification Project No. 14-071 Phase 2, in the amount of $106,607.88. Funding is available from account 334-3162-541-68.78 (General Construction Fund: Public Works/Streets, Alleys, Sidewalks/ Other Improvements/ N.E. 21d Avenue/ Seacrest Beautification). F. AMENDMENT NO. 1 TO LOAN PURCHASE AGREEMENT WITH IBERIABANK/AUBURN TRACE APARTMENTS: Consider approval of Amendment No. 1 with Iberiabank for a further price reduction to the City's purchase price of the Mortgage Note for the Auburn Trace Apartments; and extend the closing date until May 29, 2015. G. APPROVAL OF FY 2014/2015 SPENDING IN EXCESS OF $25,000.00/ ALLEN, NORTON & BLUE FOR FEES/ SPECIAL LABOR COUNSEL: Consider approval of spending in excess of$25,000.00 for special counsel labor services to Allen, Norton & Blue for fiscal year 2014/2015. This recommendation is in compliance with Code of Ordinances Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty-Five Thousand Dollars ($25,000.00) in Any Fiscal Year." H. AMENDMENT NO. 1 TO TRIPARTY INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY AND THE GREATER DELRAY BEACH CHAMBER OF COMMERCE/ OLD LIBRARY SITE AND CHAMBER RELOCATION: Consider approval of Amendment No. 1 to the Triparty Interlocal Agreement between the City, the Delray Beach Community Redevelopment Agency and the Greater Delray Beach Chamber of Commerce for the Release of Right and Reverter Encumbering Real Property relative to the Old Library Site and Chamber Relocation. L REIMBURSEMENT AGREEMENT/ HHC SEAGATE HAMLET, LLC: HAMLET SEAGATE SUBDIVISION: Consider approval to reimburse HHC Seagate Hamlet, LLC for fifty percent (50%) of the actual cost in an amount not to exceed $110,000.00 for engineering services and construction cost associated with rebuilding the road and canal, as well as, repairing the culvert and associated drainage associated with the property located at 3600 Hamlet Drive. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 05-15 (SECOND READING): Consider an amendment to Title VII "Traffic Code" of the Code of Ordinances creating a new Section 71.031, titled "Parking in the Marina Historic District"; establishing a Restricted Parking Zone that restricts On-Street parking to residents; establishing the procedure for residents to obtain a permit for On-Street parking; setting permit fees and establishing penalties. B. ORDINANCE NO. 08-15 (SECOND READING): Consider an amendment to The Code of Ordinances of the City of Delray Beach, Florida, by amending Chapter 71, "Parking Regulations"; amending Section 71.060, "Parking Meter Permits", Subsection (E); allowing for prorating of the cost of Annual Parking Permits And Senior Beach Permits after April 1 of each year; providing a Saving Clause, a General Repealer Clause, and an effective date. 11. FIRST READINGS: A. ORDINANCE NO. 10-15 (FIRST READING): Consider an amendment to Chapter 33, "Police and Fire Rescue Departments", Section 33.60, "Definitions"; Section 33.62, "Benefit Amount and Eligibility", and Section 33.689, "Retirement Benefit Enhancement"; to conform the Code to the terms of the new Collective Bargaining Agreement. If passed, a public hearing will be held tentatively on April 21, 2015. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. Cily Manager 1. Termination of Contract with Oceanside Beach Services,Inc. B. City Attorney C. City Commission SPECIAL MEETING MARCH 12, 2015 A Special Meeting of the City Commission of the City of Delray Beach, Florida,was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., on Thursday, March 12, 2015. Roll call showed: Present- Vice-Mayor Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Deputy Vice-Mayor Jordana Jarjura Mayor Cary Glickstein Absent- None Also present were - Donald B. Cooper, City Manager Noel Pfeffer, City Attorney Chevelle D. Nubin, City Clerk Mayor Glickstein called the Special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. MUNICIPAL ELECTION RESULTS: Accept the returns, and declare the results of the March 10, 2015 First Nonpartisan Election. City Clerk Chevelle D. Nubin read the results of March 10, 2015 Municipal Election. Mr.Jacquet moved to accept the cumulative totals for each candidate for City Commission Seat #3, and Seat #5 including Seat #1, seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet —Yes; Mr. Frankel — Yes; Ms.Jarjura —Yes; Mayor Glickstein — Yes; Mrs. Petrolia—Yes. Said motion passed with a 5 to 0 vote. Mayor Glickstein adjourned the Special Meeting at 6:06 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, March 12, 2015, which Minutes were formally approved and adopted by the City Commission on March 31, 2015. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 2 March 12,2015 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: February 26, 2015 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF MARCH 31,2015 SPOTLIGHT ON EDUCATION-ORCHARD VIEW ELEMENTARY SCHOOL BACKGROUND Kathleen DePuma, Principal of Orchard View Elementary School, will be presenting her school's goals and objectives. RESOLUTION NO. 16-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXTENDING AN INVITATION TO THE CITY OF AQUINAS, HAITI TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF AQUINAS, HAITI TO PARTICIPATE IN SAID PROGRAM; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Sister Cities International is a nonpartisan 501(c)(3) nonprofit founded in 1956 which serves as the national membership organization for individual sister cities, counties, and states across the U.S. This network unites thousands of citizen diplomats and volunteers in 545 communities with over 2,100 partnerships in 145 countries on six continents; and WHEREAS, the City of Delray Beach, Florida is a member of Sister Cities International and currently has a partnership with two sister cities;and WHEREAS, Sister Cities International provides services, programs, and resources to help members find partners and expand and improve their activities; and WHEREAS, Sister Cities International programs vary greatly from basic cultural exchange programs to shared research and development projects. Programming can typically be classified in four main areas: youth and education, arts and culture, business and trade, and municipal exchange and community development; and WHEREAS, the Municipality of Aquinas, Haiti expressed interest in partnering with the City of Delray Beach, Florida through the Sister Cities International program; and WHEREAS, the City of Delray Beach, Florida, by and through its elected City Commission, does recognize and endorse Sister Cities International with the hope that it will lead to a lasting friendship between the people of Delray Beach, Florida and Aquinas, Haiti. 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, on behalf of the citizens of Delray Beach, does hereby extend an invitation to the government and the people of the Municipality of Aquinas, Haiti to establish a Sister City relationship with Delray Beach for the purpose of creating greater mutual understanding between the people of our two cities. Section 3. That the City Manager is hereby authorized to act as official representative of the City of Delray Beach in carrying out the Sister City partnership with Aquinas, Haiti. Section 4. That copies of this Resolution shall be sent to the Mayor and Commission of the Municipality of Aquinas, Haiti and Sister Cities International in Washington, D.C. Section 5. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 31St day of March, 2015. MAYOR ATTEST: City Clerk 2 RES. NO. 16-15 a iL.1111111111111111M. LIBER'T'Y EGALITY FRATERNITY REPUBLIC OF HAITI '. AQUINAS HALL - - Aquinas;j anuary 14, 2015 Mayor of Delray Beach, F133482 at its offices Subject Request Fair Mayor, The municipal commission of the municipality Aquinas, represented by Viliner Alindor President and Ms.'Bosse Danise member present to you our warmest greetings and honor to .ask you to make a humanitarian act.to match Hall Delray Beach and that of Aquin.us other of the Town Hall since Aquinas are beautiful time looking for a partnership at international level to exchange Haitian culture and raise that of the other countries: as we informed the municipality of keys, which itself had already paired with other town from outside we believe Aquinas will also have the same chance to pair with other town from abroad, as we a Haitian elected Deputy Mayor of Delray Beach this is Mr. Al Jacquet 'and ask hire, to bring us to pair with the city of DELRAY BEAOFI We have many beautiful tourist beaches with hotels containing over . 1,500 rooms under construction an international airport and tourist sites, we have beautiful rivers to name a few, we patiently await your visit to our invitation Aquinas and also in Miami all hoping that demand will hold your.attention, the municipal commission Aquinas you extends its thanks and ensures a perfect collaboration. ALINDOR VILNER DANISE. BOSS Senior mayor Deputy mayor of Aquin of Aquirt Corner of StWo Vincent and Jacques bessalines s 3615 302 14072 0654/3466 9554 E-mail: mairiedaquin @pahoo.fr Delray Beach Sister Cities October 2, 2014 Regular Meeting Minutes Location: First Floor Conference Room, City Hall Board Members Present Board Members Absent Jessica Crowel Ted Marshall Don Hoffman Woodie McDuffie Michelle Hoffman Rhonda Mensah Nancy King Ngozi Mensah Jimmy Mihori Peggy Murphy Jessica Salzman David Schmidt William Wilsher Guest/Others Chris Francois Jane Marcel Dan DeCarlo Joseph Bernadel Staff Present Staff Absent Yolaina Ruiz Terrance Stewart, Interim City Manager Commissioner Al Jacquet Call to Order: The meeting was called to order at 4:45 p.m. by President David Schmidt. Roll Call: As listed above. Agenda Approval: A motion was made to add a discussion for potential Haiti Sister Cities and to accept the agenda by Don Hoffman and seconded by Oz Mensah. All voted aye. Approval of Minutes: A motion was made to accept the minutes of the September 4, 2014 meeting by Michelle Hoffman and seconded by Bill Wilsher. All voted aye. Financial Report: The financial report was given by Michelle Hoffman for May 2014, reports and bank statements are attached. August 2014 financial report deferred to next meeting. C:\Usem\nubin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIBHV6Z9\10022014.doe Discussion: Potential Haiti Sister Cities: Mr. Schmidt stated that he received a phone called from Interim City Manager Mr. Terrance Stewart asking for an overview about Sister Cities and the organization. Mr. Stewart advised him that Commissioner Jacquet was interested in talking to the board about the possibility of examining the idea of having a Haitian Sister Cities. Mr. Schmidt stated in response to Commissioner Jacquet's previous comment made before the meeting, that the board had several discussions regarding forming a sister city with a city in Haiti. In the past, several people in the Haitian community have contacted him. He advised them that the board has no objection in considering it as long as the Haitian community could provide assistance, commitment and have a consensus on which Haitian City is to be selected_ He has not yet received any feedback. Commissioner Jacquet thanked the board for the opportunity to come and speak to the board. He stated that Delray Beach has the largest percentage of Haitian's living outside Haiti. He acknowledged that this organization has explored the idea in the past but also acknowledged that the community has never been involved. Perhaps the communication was made with one or two individuals in the past, however, the leaders of the community are here to represent and asked for guidance and directions to make this happen. He reinforced that the community would give the labor, work, body and everything needed to make it happen. He has been in contact with the Consulate General in Miami, words went out to Minister Francois Guillaume who is the new minister for Haitians living overseas, and they are very excited about it because this would bridge the generation gap in the community between Haitian and Haitian American. There is a huge population in Delray Beach that would want to take advantage of this rich cultural exchange. Mr. Schmidt stated that he has had discussion with Jeanne Heavilin of the Boynton Beach organization in regards past conversations with various people from the Haitian community. He reiterated that the most important things are that the Haitian community would support it and would have a consensus on which Haitian city is to be selected. He asked the board for input. In addition, he would ask Boynton Beach to suggest a city which could be near their sister city to give an opportunity to partner. Commissioner Jacquet stated that he is confident that the board would agree with that, if Delray Beach decided to do a sister city in Haiti in close proximity with Les Cayes, the sister city of Boynton Beach, it would be a good match. However choosing a city would always face challenges in having a consensus from the community but reiterated that the community would support it and asked for leadership and guidance. Mr. Schmidt stated that if the board decides to move forward the next step would be a meeting. Perhaps part information and part discussion so that the Haitian community understands what sister cities is about and how to form a relationship; most importantly is to understand that the programs are not funded by the City and that it would be the community doing the work. Commissioner Jacquet stated that in the past when the idea was discussed with the board it was made very clear that this is a cultural exchange and not a financial exchange and guaranteed that there would be support from the Haitian community regardless of what city is selected. In the past, there was a lack of Haitian community representatives to support the project but that is not the case now. C:\Usem\nubin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIBHV6Z9\10022014.doe 2 Mr. Schmidt stated that one of the things to consider is the direction that the City might want to go with the sister city relationship with a city in Haiti. It might not be necessarily with a city near Les Cayes city. Commissioner Jacquet stated that is correct but that would be the City Commission direction. Mr. Schmidt stated that ultimately, the City Commission does make the decision and that the board only makes the recommendation. In addition, he asked if there would be an economic development, cultural exchange, etc. what this relationship would do for Delray Beach and the Haitian community. Commissioner Jacquet stated that if the City Commission feels there is a better city suited for this program that allows the City Commission to bring it forward. We want Delray Beach to establish a relationship with Haiti because there is a large community of Haitians living in Delray Beach. It would not matter what city is selected, the board selects a city, and he would have the Haitian Community to support it. Mr. Schmidt asked the Boynton Beach representative if there has been any research with Sister Cities International to see what Haitian city might be looking for a US sister city. Ms. Jane Marcel stated that they have not done any research. Mr. Schmidt stated that he could reach out to Sister Cities International Vice President Mr. Adam Kaplan and find out what cities in Haiti is actively looking for a sister cities relationship. Commissioner Jacquet stated that the reason he discussed with Boynton Beach in potentially looking a for a sister city for Delray Beach is because he spent a month in Haiti back in May-June and had the opportunity to travel to the southern part of Haiti Fonds Des Negres, Aquin, L'Asile. He had the opportunity to meet some local, elective, and school directors, and floated the idea that Delray Beach was interested in finding a city to collaborate to have cultural exchange and he realized that the city of Aquin is well developed, the government is planning on building a huge airport, great schools system and is near Les Cayes. In addition, what is important is to move forward and establish a relationship regardless of what city is selected. Mr. Terry Stewart, Interim City Manager thanked Mr. Schmidt for investing the time and speaking to him and being so helpful. He asked what would be the next step for the community leaders to take. Mr. Schmidt asked the board if they want to make a decision to move forward with exploring the idea and having Commissioner Jacquet facilitating the process he could contact Sister Cities International and obtain the list of cities in Haiti that are interested in a sister city in the US. In addition, he would provide the information to the group to view. Major Joe Bernadel asked how they could prove that the Haitian community would support the project. In addition, he would like to ensure that if there were a process the community would follow it. C:\Usem\nubin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIBHV6Z9\10022014.doe 3 Mr. Schmidt stated that he hopes that the City would provide some guidance, recognize the groups for the Haitian community, whether it is a church, school, community service organization, etc., and that the members of this group would communicate that to their boards or groups to have a consensus, it would be great. In addition, he would talk to International and the board should have a discussion at the next meeting. Commissioner Jacquet asked the board if this project is something that they would even consider. Mrs. Salzman stated that the board has a very positive reaction as is obvious there is a large population of Haitians in the City, from her perspective based on the relationship with Moshi and Miyazu, she would like to see Arts continue, arts is what ties the other three cities together. Commissioner Jacquet stated that twenty artists from Jacmel visited the City last year. Mr. Hoffman stated he is interested and the cities that currently participate in the program both have a culture influence in our City. Having a large population of Haitians, Haiti would reinforce the same belief and it would be a great idea to pursue. Mr. Wilsher stated that the other two cities have tourism issue and that might be a consideration to think about. With Moshi or Miyazu there was no residency issue, it was more a cultural issue. Mr. Schmidt stated that it is important that the Haitian community would support the city that is selected. Mr. Terry Stewart, Interim City Manager stated that you avoid mistakes by the application of wisdom, and you gain wisdom by making mistake. At this time, Mr. Schmidt asked the board members if they are in support of the idea and the board had a unanimous consensus to move forward. Commission Jacquet stated that Toussaint L'Ouverture High School is predominantly Haitian students and what happens is that there is a lot of lost identity, a huge migration of Haitians that came to the US in the 70's and early 80's. This people are now retiring and the new generation has no identity of their culture, this project would change that; it will reconnect people, sharing stories, arts, etc. would help in ways that it could never quantify. He applauded the board for being interested in pursuing the idea. He thanked Mr. Stewart, Interim City Manager for his leadership on this issue and the board for their leadership. Mr. Mensah asked Commissioner Jacquet if the city of Aquin is interested, to set them on the process of making themselves aware with Sister Cities International to be involved in having a relationship. Mr. Schmidt stated that is important to verify that the cities are having a dialogue before the relationship is formed as to what they hope to get out of the relationship. C:\Usem\nubin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIBHV6Z9\10022014.doe 4 Major Joe Bernadel stated that concurrently with the city that is selected, the group would seek information from the city being considered to have their founding fathers and city elective officials to establish their interest in forming a relationship. Commissioner Jacquet stated that once the board provides the direction then the group would have people like the Consulate General and the minister of Haitians living abroad and others to reach out, establish the relationship, get them here, and do whatever it takes. However, the direction from the board is needed. Mr. Schmidt stated that initially there are two or three cities in the selection process. Mr. DeCarlo stated that one of the things that they are interested in is for Boynton Beach to have Delray Beach considering a sister cities in Haiti hopefully to bring both cities together, to do more things jointly. Most of the things Boynton Beach does with China is the Young Artist Program, which is very successful with the schools in Boynton Beach, China and Les Cayes. One of the primary interests and focus is finding ways for Boynton Beach committee to have more activities, dialogues and things in common to encourage ways to have more interactions. In addition, Boynton Beach also has a large Haitian population one of the reasons they looked at Les Cayes and one of the values is that they been there for a couple of years and could contribute for the City that gets selected to partner with Delray Beach. Mr. Schmidt stated that he hopes to have them at the meeting during the process to guide Delray Beach in the city selection. Commissioner Jacquet stated that he had heard about sister cities for quite some time and has learned more about the organization since he became an elected official and has never been more proud of the work they do and the consideration of this idea and thanked the board. Alumni Pate on Facebook: Jessica Crowel gave an update about the Facebook page and stated that the page is not getting enough shared advertisement, spoke to students and asked them to like the page. The page is public if anyone would like to share fun pictures. Continuing Committee Reports: Miyazu: Mr. Schmidt stated that the immediate thing is the golf tournament. Mrs. Jessica Salzman stated that she was able to get six (6) students. Mr. Schmidt stated that the board has done well with sponsors,raffle prizes. In addition, Delray Forum had an article on Mr. Wilsher talking about the Golf Classic; this might generate interest in a few people. Mr. Joe Gillie, Ms. Alyona Ushe, Mr. Todd L'Herrou, James Mihori and Mr. David Schmidt would be leaving next Saturday for the anniversary festival and would present them with the proclamation signed by Mayor Glickstein and hope that this would lead to a more cultural and economic development cultural exchange, they would also be visiting some prefectural officials in Kyoto. Moshi: Mr. Schmidt has no status update at this time. Website: Mr. Don Hoffman stated that the page has 110 visitors and 56 followers on Facebook. Registration for the golf tournament are available on the website,pictures of the event would follow the event. C:\Usem\nubin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIBHV6Z9\10022014.doe 5 How to Grow the Program: The Volunteer Delray event is on November 14, 2014 from 5:00 p.m. to7:00 p.m. A concert will follow the event. New Business: None Non-Agenda Item: The next Delray Beach Sister Cities Board meeting is scheduled for Thursday, November 6, 2014 at 4:45 p.m., in the First Floor Conference Room at City Hall. Adjournment: A motion was made to adjourn the meeting at 5:45 p.m., all voted aye. C:\Usem\nubin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIBHV6Z9\10022014.doe 6 Delray Beach Sister Cities November 6, 2014 Regular Meeting Minutes Location: First Floor Conference Room, City Hall Board Members Present Board Members Absent Jessica Crowel Don Hoffman Nancy King Michelle Hoffman Ngozi Mensah Woodie McDuffie Jimmy Mihori Rhonda Mensah David Schmidt Jessica Salzman William Wilsher Peggy Murphy Ted Marshall Staff Present Staff Absent Yolaina Ruiz Call to Order: The meeting was called to order at 4:45 p.m. by President David Schmidt. Roll Call: As listed above. Agenda Approval: A change was made to the agenda to add Anton Relin to make a presentation. A motion was made to accept the agenda by Bill Wilsher and seconded by Jimmy Mihori. All voted aye. Approval of Minutes: A motion was made to accept the minutes of the October 2, 2014 meeting by Bill Wilsher and seconded by Jimmy Mihori. All voted aye. Financial Report: A brief financial report was given by David Schmidt in the absence of Michelle Hoffman. No motion was made. Alumni Pate on Facebook: Jessica Crowel gave update about the Facebook page. The page has five 5 new likes. Continuing Committee Reports: Miyazu: Mr. Schmidt stated that the trip to Japan went very well; they avoided most of the typhoon weather. However, it forced changes to the schedule. They met representatives from sister cities in New Zealand and China. New Zealand is looking for a possible relationship, spent some time with Mayor Inove and the Chamber. Visited Kyoto and had a meeting with one of their Vice Governors and made introductions to open some doors for the festival. One of the highlights was S:\City Clerk\BOARDS\SISTER CITIES\SISTER CITIES MINUTES 2014\11062014.doc time spent with George Morikami's great grandnephew who took them to the family gravesite and they had a private tour of the temple. Mr. Mihori stated that the priest was kind to show some of the cartography and other items that they had on display. Moshi: Mr. Schmidt has no status update at this time. Volunteer Delray: Will be held on November 14, 2014. From 5:00 p.m.-7:00 p.m. A concert will follow the event. A table will be set up to try to solicit volunteers/members. A few people are needed to work. Website: No report. Mr. Hoffman was not present. How to Grow the Program: New Business: Anton Relin and Teagan Murphy came to the meeting. Anton is the Atlantic High student who makes computers. He brought one to show the board who felt it was very exciting and impressive. It is about 6 inches long by 3 inches wide and 2 inches high. He invited people to see the computer lab he has set up with the Police Athletic League in Deerfield Beach. Anton is there on Thursday afternoons starting about 4:30pm. Mr. Schmidt cannot make it next week,but he is hoping he can visit on November 20, 2014. If anyone else is interested, please let him know. Discussion rmardin2 sister city in Haiti: Mr. Schmidt provided an update regarding a possible sister city in Haiti. He received the following information from Sister Cities International about possible cities to pair with Haiti. Adam Kaplan at International also reached out to Tony Marcelli, who use to be head of Ft. Lauderdale Sister cities and who is in Haiti. Some of the suggestions are as follows: Sister Cities Search for Delray Beach, FL-65,000 1. Jacmel,Haiti a. Population of 40,000 b. A community in southern Haiti founded in 1698 c. It is the capital of the department of Sud-Est d. The buildings are historic and date from the early nineteenth century e. The town has been tentatively accepted as a World Heritage site and UNESCO reports that it has sustained damage in the 2010 Haiti earthquake f. In recent years, efforts have been made to revitalize the once flourishing cigar and coffee industries g. The town is a popular tourist destination in Haiti due to its relative tranquility and distance from the turmoil that plagues Port-au-Prince h. The port town is internationally known for its very vibrant art scene and elegant townhouses dating from the 19th century i. Among the wealth of art and crafts available are the papier-mach& S:\City Clerk\BOARDS\SISTER CITIES\SISTER CITIES MINUTES 2014\11062014.doc 2 2. Borne,Haiti a. Population of 46,886 b. Community in the north coast of Haiti c. The economy is based heavily on agriculture and fishery 3. Limonade,Haiti a. Population of 99,256 b. A community in the Cap-Haitien Arrondissement c. Interesting fact about the city is that Christopher Columbus and his crew celebrated the first Christmas in the Americas at Limonade in 1492 d. University Roi Henri Christophe,part of the University of Haiti, was built in 2012 and is considered the most modern in Haiti university infrastructure Non-Agenda Item: The board decided to move the December meeting to December 11 as the Tree Lighting ceremony is December 4. The next Delray Beach Sister Cities Board meeting is scheduled for Thursday, December 11, 2014 at 4:45 p.m., in the First Floor Conference Room at City Hall. Adiournment: A motion was made to adjourn the meeting at 5:30 p.m., all voted aye. S:\City Clerk\BOARDS\SISTER CITIES\SISTER CITIES MINUTES 2014\11062014.doc 3 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: March 9, 2015 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF MARCH 31,2015 ACCEPTANCE OF RIGHT-OF-WAY DEED/249 PLAZA BACKGROUND The subject property consists of 32,500 sq. ft. (0.746 acres) and currently contains a vacant 8,426 sq. ft. automotive parts retail sales building and associated 22-space parking lot. The applicant proposes interior and exterior modifications associated with conversion of the single tenant commercial building to a multi-tenant restaurant/office building with four (4) tenant bays and construction of twelve (12) additional parking spaces in existing landscaped area. Pursuant to LDR Section 5.3.1(13)(2), the required width of an alley is twenty feet(20') or the existing dominant width. The existing alley right-of-way is sixteen feet(16'). The City Engineer has determined that the width of the alley should be expanded to a total width of twenty feet (20'), which is consistent with the widths that have been provided with recent redevelopment proposals in the Central Business District(CBD). The right-of-way deed submitted includes"Exhibit A"which identifies the geographic area of the right- of-way dedication. The City Attorney has reviewed the right-of-way deed agreement and exhibits as they relate to form for legal sufficiency, and has determined them to be acceptable. DISCUSSION Accept a right-of-way deed agreement for a four foot (4') right-of-way dedication along the along the west side of the existing sixteen foot(16')rear alley for 249 Plaza located at 247 SE 6th Avenue. RECOMMENDATION Advisory/Approving Board Recommendation: On December 17, 2014 the Site Plan Review and Appearance Board (SPRAB) conditionally approved the associated Class III Site Plan modification request. As a condition of site plan approval, a four foot (4')alleyway dedication along the east alley, in the rear of the subject property,is required. Staff Recommendation: The Planning & Zoning Department recommends acceptance of the four foot (4') right-of-way deed agreement for 249 Plaza. RETURN to: Noel Pfeffer City Attorney's Office 200 N.W. 1st Avenue Delray Beach,Florida 33444 RIGHT-OF-WAY DEED THIS INDENTURE made this day of 2015, between DELRAY INVESTMENT PARTNERS, LLC, a Florida limited liability company, with a mailing address of 712 Shore Drive, Boynton Beach, Florida 33435, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH : That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of balm Beach, State of Florida, to-wit: See Exhibit"A"attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a right-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof, and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and reves in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. *te e and ered PARTY THE I T PART e of: By: Beh Wilson, Managing Member te or typed 712 Shore Drive c Boynton Beach, Florida 33435 (Name printed or typed) STATE OF�- 801 bA COUNTY OF_PJ&.{ � qc The foregoing instrument was acknowledged before me this o�d day of 20155 by Behn Wilson, as Managing Member of DELRAY INVESTMENT PAR RS, LLC, a Florida limited liability company, who is personally known to me or has produced 19/1/6& L/ Se- as identification. (SEAL) EuznsIKaLoMcai Signatur of Notary Public - wr MY COMMISSION#EE 842633 .. ;< EXPIRES:June 26,2016 State of Florida ,p ° Bonded Thra Notary public Underwriters ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Legal Form: City Attorney 2 i EXHIBIT "A" SIff 7M DFSCR ON r r� Vk7 T 4� F WT LEGAL DESCRIPTION THE EAST 4 FEET OF LOTS 4, 5,6, 7 AND 8 OF BLOCK 9, OF THE PLAT OF GRACEBYRD SUBDIVISION OF BLOCK 119 CITY OF DELRAY BEACH,ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 10, PAGE 62, RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. °w CONTAINS 1000.00 SQUARE FEET. � � N 7 �I � Lo . L pT � ;0o 'THIS IS NOT A Y SUR EY Renner Burgess Inc. Not valid unless Renner, z nc. sealed with embossed Authorization Number L66504 I S.E.4th Ave., Suite 205 surveyors seal Delray Beach, FL 33483 I hereby certify that the SKETCH OF DESCRfPTION shown hereon --� Phone 561-243-4624 meets t technical standards set forth in Chapter Land Fax 243-4869 Florida ministr live, e Pursuant to Section 472.027, Florida Surveying Statut s Ha r A. 8 Bess P.L.S. No. 5089' DATE:ziITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING December 17, 2014 IT Class III Site Plan Modification for 249 Plaza to allow interior and exterior modifications associated with conversion of an existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four (4) tenant bays & construction of required on-site parking. GENEFZAL DATA: Applicant/Owner..................... Delray Investment Partners, LLC Agent.................................... Stephen L. Griss Location...................................... On the east side of SE 6th Avenue (US1), south of SE 2nd Street W E Atlantic Ave Property Size.............................. 32,500 sq. ft. (0.746 acres) GFA...................................... 8,726 sq. ft. E W Existing FLUM........................... CC (Central Core) 1s Proposed FLUM......................... No Change Existing Zoning............................ CBD (Central Business District) Proposed Zoning..................... No Change Q Adjacent Zoning. o ( ) W 2n it �_' g................North: CBD Central Business District East: R-1-AA (Single Family Residential) South: CBD (Central Business District) West: CBD (Central Business District) ` r` Existing Land Use...................... Single-story commercial EdH HHqdU building previously occupied all q by Advance Auto Parts retail store HH R Proposed Land Use.................... Single-story commercial building S with 1 restaurant and 3 office m tenant bays SE 5th St E 5th St Water Service......................... Water service is existing on-site PIP via a six inch (6") valve located within the adjacent alley to the east t St - Sewer Service........................ Sewer service is existing on-site NORTH via an eight inch (8") main located within the adjacent alley to the east The item before the Board is the approval of the following aspects of a Class III Site Plan Modification for 249 Plaza, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(c): O Site Plan; O Landscape Plan; ® Architectural Elevations; and, ® Waiver Request The subject site is located on the east side of SE 6th Avenue (US1) , south of SE 2nd Street. !�Ihl Uj /+p ` `i, �d -il� 11: ICI - re. .ull� a 11 Ii 11 ".�— %OKGOQV D ilil �h - _ - I�II Ihl �ii The subject property consists of Gracey-Byrd Lots 4 Thru 8 (Less the west 5' of US1 right-of-way) as recorded in Palm Beach County Official Records Book 23114, Page 265. It comprises 32,500 sq. ft. (0.746 acres) and contains an existing 8,726 sq. ft. one-story commercial building constructed in 1963 which was most recently occupied by an Advance Auto Parts retail store. Now before the Board for consideration is a Class III Site Plan Modification request to allow interior and exterior modifications associated with conversion of the existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four (4) tenant bays & construction of required on-site parking. a l i O _ L t k a� ,k WIECDESCRI The development proposal includes, but is not limited to the following: • Architectural elevation changes for the proposed new four (4) tenant bays • Extension of the covered walkway to the proposed two (2) northern most tenant bays • Provision of a 300 sq. ft. covered outdoor patio for restaurant seating/dining • Construction of sidewalk connectors/pathways serving the side and rear entries • Construction of twelve (12) additional parking spaces in existing landscaped area • Construction of one (1) additional parallel parking space off the rear alley • Reconstruction, redesign and restriping of existing on-site parking lot area • Installation of new wall-mounted and pole-mounted light fixtures, as needed • Provision of a 30' x 12' striped loading area in the rear off the alley • Provision of a dumpster enclosure area in the rear off the alley • Provision of a bicycle rack The development proposal also includes the following waiver to the Land Development Regulations (LDRs): • A waiver to LDR Section 4.6.9(D)(3)(c)(Stacking Distance) which requires twenty feet (20') of stacking for parking lots consisting of 21-50 spaces, whereas only ten feet (10') is provided off of the rear alley. iluii a ;'I 11, 1 ! G :iI i�1 IANli;{11,a i I�i i i II I I I Ii'I{,t SITE�k"`P LA h r{A NA LYSI I III I:1 1 h, . I S LDR Section 4.3.4(K): Development Standards Matrix— Nonresidential Zoning Districts The following table indicates that the existing building for the proposed development does not comply with LDR Section 4.3.4(K) and 4.4.13 Central Business District (CBD) zoning district design guidelines. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 2 '.. Si4hoord. Exis>>fin � �Prb d'sea► 8uildih4Height: 25' min. 21' 26' 48' max. 6040 Setbacks. Front West 5' min. 17' 10.2' r t { TI 'h' -frontage (250') 10' max. (70-90%) 0' (0%) 0' (0%) ag- �,; -remaining length 15' min. 10-30% 98' (39%) 41' (16%) Fug pz Rear(East) 10' 14.77' 14.77' Side Interior North 0' 150' 150' Side Interior(South) 0' 0.76' 0.76' Oy en S ace Within DDA Area 0% 27.1% 20.6% The items identified in BOLD are preexisting nonconformities. Existing nonconformities shall not be expanded upon. No proposed new improvements create a nonconforming situation or increase an existing nonconformity. If fact, the applicant proposes to decrease existing nonconformities with respect to minimum building height and the required 15' minimum setback frontage percentage. Thus, this standard is met. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), all proposed structures must meet the minimum and maximum building height requirement of twenty-five feet (25') and forty-eight feet (48') respectively. The maximum height of the existing structure is twenty-one feet (21'). The applicant proposes an aesthetic tower feature at a minimum twenty-six foot (26') height. This reduces the existing nonconformity and meets the minimum requirement. Open Space: Per LDR Section 4.4.13(F)(2)(a), there shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority (DDA). The subject site falls within the applicable DDA area as defined within LDR Section 8.2.2(8). Thus, zero percent (0%) open space is required. However, 27.1% open space currently exists on-site. With the provision of additional on-site parking, 20.6% open space will remain. Thus, this standard is met. Parking: Pursuant to LDR Section 4.4.13(G)(1)(d), the parking requirement for restaurants is established at six (6) spaces per 1,000 sq. ft. of rg oss floor area. The proposed 2,200 sq. ft. (includes 300 sq. ft. outdoor dining area) restaurant requires thirteen (13) spaces. Pursuant to LDR Section 4.6.9(C)(4)(a), business and professional offices shall provide 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 sq. ft. of net floor area over the initial 3,000 sq. ft. For the first 3,000 sq. ft. of net area for the proposed office use, 12 spaces shall be provided. For the remaining 1,254 sq. ft. of net office area, 4 spaces shall be provided. A total of 29 spaces are required, and 37 spaces have been required. Thus, this standard is met. LDR Article 4.6—Supplemental District Regulations: Lighting: Pursuant to LDR Section 4.6.8(A)(3), the minimum illumination for public parking lots in commercial and industrial areas is 1.0 foot candles and the maximum is 12.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.0 foot candles and the maximum is 10.3 foot candles. The photometric plan indicates a proposed maximum height of twenty-five feet (25'). However, the location of types of exterior light fixtures is not graphically demonstrated on the proposed architectural elevations. Cut sheets for the proposed exterior light fixtures shall be provided and they shall be visibly located on the elevation drawings and rendering. This is attached as a condition of approval. Upon addressing this condition of approval, this standard is met. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6`h Avenue-Class III Site Plan Modification Page 3 Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The development proposes to provide two (2) handicap accessible parking spaces along the north entrance of the site which meets the minimum requirement. However, per the Florida Building Code requirements, the rear entrances along the alley shall also provide ADA Compliant Handicap Accessible Ramps. As a condition of approval, the rear entrances shall be handicap accessible. Upon addressing this condition of approval, this LDR requirement will be met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack is proposed along the walkway connecting to SE 6th Avenue (US1). Thus, this LDR requirement has been met. Sight Visibility Triangles: Per LDR Section 4.6.14(B)(5), for federal rights-of-way (i.e. FDOT), the required line of sight shall be correctly depicted on the plans. Pursuant to LDR Section 4.6.14(C), there shall be no objects above three feet (3') tall obstructing the line of sight on both sides of an accessway. This is applicable to US1 (i.e. SE 6th Avenue). Upon addressing this condition of approval, this standard will be met. Pursuant to LDR Section 4.6.14(B)(1), a ten foot (10') sight triangle is required at the intersection of the driveways at the main ingress/egress driveway or alleyway. The 10' sight triangles have been inadvertently omitted along the alley. The sight visibility triangle shall be correctly depicted and indicate visibility within the 3' to 6' height requirement. Upon addressing this condition of approval, this standard will be met. Ground Floor Glass Transparency: Pursuant to LDR Section 4.6.18(13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of seventy-five percent (75%) of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non- mirrored, and have a light transmission reduction of no more than twenty percent (20%). The 249 Plaza has proposed changes to the exterior of the building along SE 6th Avenue (US1) which provide additional glass transparency area. The existing glass transparency area is only 28.5%. However, with the proposed exterior renovations, 79% glass transparency area will be provided. This increases the glass transparency area by 50.5%, eliminates an existing nonconformity and exceeds the minimum requirement. Thus, this standard is met. LDR Article 5.3— Dedication and Impact Requirements: Right-of-Way Requirements: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Item` '}' Silldewalk Siddwalki Curti''I&°'Ili', k Curb &'III Rgh#-Of' Right3Of'IIIIII: Co NNs[cler� Fryrye ,� ,1Nrd# _ tr ' �Ui�ith �-3. Gutter'�II,,,II, Gutteir III � ' Wa� � Vl�ay�I I III„ - Y y Ex�stnig 4 .=Pr`opos�d = Existm PreTpr�sed Xi ti Dedilcation SE 6th Ave. 5.5' No Change Yes No Change 30' N/A 16'Alley N/A N/A N/A N/A 16' 4' Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 4 Pursuant to Table T-1 of the Comprehensive Plan Transportation Element, sixty feet (60') of right-of-way is required for US1 (SE 6th Avenue) and sixty feet (60') of right-of-way exists. Since thirty feet (30') of right-of- way already exists on the east side of the road, no dedication is required. Alley Right-of-Way Requirements: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). When the alley abuts residential uses, a four foot (4') right-of-way dedication is required along the parcel boundary of the adjacent commercial property. The City Engineer has determined a width of twenty feet (20') to be consistent with the widths provided with other redevelopment proposals. Therefore, a dedication of four feet (4') from the east property line is required and has been depicted on the proposed plans. Prior to building permit issuance, the applicant shall process a right-of-way deed indicating a four foot (4') alley right-of-way dedication to be approved by the City Commission and subsequently recorded with Palm Beach County. This is attached as a condition of approval. Upon doing so, this standard will be met. LDR Article 6.1 — Design Standards and Requirements: Sidewalk Requirements: Pursuant to LDR Section 6.1.3(B), a minimum eight foot (8') sidewalk is required within the Central Business District (CBD). A 5.5' sidewalk exists along SE 6th Avenue. The (US1) Federal Highway Beautification project calls for the existing sidewalk width within the adjacent public r.o.w. to remain "as is". Thus, no changes are proposed. Therefore, this standard is met. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. Cut sheets for the proposed exterior light fixtures shall be provided and they shall be visibly located on the elevation drawings and rendering. 2. Per the Florida Building Code requirements, the rear entrances along the alley shall provide ADA Compliant Handicap Accessible Ramps. Modify affected sheets to demonstrate compliance. 3. The required sight triangles have been inadvertently omitted. The sight visibility triangles shall be correctly depicted and indicate visibility within the 3' to 6' height requirement. Modify affected sheets to demonstrate compliance along the alleyway and US1 (SE 6th Avenue). 4. Process a right-of-way deed indicating a four foot (4') alley right-of-way dedication to be approved by the City Commission and recorded with Palm Beach County. 5. Per LDR 4.6.16(H)(3)(h), a group of palms or a shade tree shall be planted for every 125 square feet of required interior landscaping. This applies to the landscape strip between the two parking tiers. Two (2) additional trees, one at each end of the parking landscape strip, are required. In keeping with the proposed palette, "LI" would keep the selection of trees consistent. £k �� >_� i III, I 'I i iii I h r. st J i Y p i fik ��i�l ` 1' °. _ 'k `�F, w, el1/E R ANNA Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 5 (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. The applicant has proposed ten feet (10') of stacking at two (2) entrances along the rear alleyway. A waiver has been requested to reduce the stacking distance from twenty feet (20') to ten feet (10'). The applicant has provided the following verbatim justification statement regarding the waiver request: "The site has one main access point from SE 6t" Avenue and two secondary access points from the alley. The main entry point exceeds the 20 foot stacking requirement from the right of way to the first parking space by more than 13 feet. The alley dedication line will take an additional 4 feet of property on the east side." Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the lot depth constraint of 130', the site has had to maximize the provided parking on-site. In turn, a reduction to ten feet (10') of stacking does not affect the neighboring areas or create an unsafe situation because there are multiple accessways and sufficient stacking is provided from the primary accessway of US1 (SE 6th Avenue). Along the alley, additional stacking (i.e. at least 14') could be provided were it not for the four foot (4') alley dedication. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from twenty feet (20') to ten feet (10') with respect to LDR Section 2.4.7(B)(5). dF a - b R , 5 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD (Central Business District). The CBD zoning is consistent with the Commercial Core FLUM designation. The primary uses are those of a "restaurant", which is listed as a principal use in the CBD district per LDR Section 4.4.13 (13)(3)(a) and "business and professional offices" which are listed as principal uses in the CBD per LDR Section 4.4.13(B)(2)(a). Therefore, a positive finding with this section can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. Site Plan Review and Appearance Board Staff Report– December 17, 2014 249 Plaza–247 SE 6 th Avenue-Class III Site Plan Modification Page 6 Compliance with performance standards set forth in Chapter and required findings � in Section 2'4'5(E)/5) for the request shall be the basis upon which m finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making afinding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective � -^ � Future Land Use Element- Obiective A-1: Property shall be developed or redeveloped in a manner so that the � future use and intensity is appropriate and complies in harnna of soil, topoQnaphio, and other applicable physical � cono|deretionu, is complimentary to adjacent land uoee, and fulfills remaining land use needs. � The proposed interior and exterior renovations for the 249 Plaza will be a welcome addition to the downtown � CBO district. The restaurant and business and professional office uses are compatible with the fabric of other existing establishments along US1 (SE 0 m Avonue). Therefore, the proposed development will complement | adjacent residential and commercial land uses. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS (LDRs): U&mnms identified in the Land � Development Regulations shall specifically be addressed by the body taking final action on the site / and development application/request' As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs � can be made when all outstanding items attached as conditions of approval are addressed. � LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding � that development of the property pursuant to the site plan will be compatible and harmonious with � adjacent and nearby properties and the City ama whole, so as not to cause substantial depreciation of � property values. � � The following zoning designations and uses are abutting the subject property: � Adjacent Zoning: Adjacent Land Use: North: CBD (Central Business District) Firestone Tire &Auto Service Center —East: R-1-AA (Single Family Residential) Single Family Residences — South: CBD (Central Business District) Hamilton Place Townhomes —West.- CBD (Central Business District) Multi-Story Office Complex � The subject property is surrounded by CBD | Business District) zoning on the north, south and west. � However, the adjacent land ueme are automotive service canter (Fireotone), multifamily townhoma � development (Hamilton Place) and a multi-story office complex respectively. To the east one single family residences located in the Marina Historic District. The homes to the east are buffered by the existing 18' alley which will be improved to 20' The office complex to the west is buffered by 00' of US1 right-of-way. The Hamilton Place Tmxxnhonneatothe south are constructed at the zero (0) lot line and do not require buffering because the property ie not residentially zoned. The Firestone to the north will continued to buffered by20' of � landscaped area between the proposed new parking row and the existing building at the zero (0) lot line. |n � � prior yeana, the existing structure has accommodated an Advance Auto Parts retail store which is o |eaa � attractive and |eoa compatible use than the proposed multi-tenant retail and restaurant use. Thus, ofinding � � can be made that the use will not have m detrimental effect upon the stability of the dovvntoxvn, nor will it hinder the development or redevelopment of nearby properties. � mg Pursuant to LDR eeoUnn 4.6.16 ([)M\(a). prior to the issuance of a building pennhL compliance with the requirements of Section 4.8.16 shall be meounad through the review and approval of a landscape plan ' Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 7 submitted pursuant to Section 2.4.3(0). The proposed landscaping includes the required 20' landscape buffer along US1, as well as, the required 9' terminal landscape islands at the ends of all existing and proposed new parking rows. Additionally, foundation plantings have been provided around the perimeter base of the building. It is noted that there is no requirement for landscaping within this area of the CBD. Thus, the proposed landscaping is being voluntarily provided by the applicant. Thus, the landscape plan can be deemed in compliance with applicable requirements of LDR Section 4.6.16. a "j i` ARCH1TfGT[JRAL�LE�/ATIO'N5 'ANALYSIS s = ry - III it --� — s fur. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Architectural changes will include replacement and addition of storefront windows and doors on the west elevation and the addition of storefront windows and one door on the north elevation. These changes will significantly comply with the minimum 75% glass transparency along the street frontage. The existing canopy structure will be replaced and enlarged on the west side of the building providing covered entries as well as covered outdoor seating are in front of the restaurant. An accent tower will be constructed to extend above the roof line. The building will be repainted. The awnings will be "Terra Cotta". The walls will be "Maison Blanche". The accent color for the fascia will be "Dry Dock". The railings, doors and columns will be "Cavern Clay". The wall paint will have an eggshell finish. The metal doors, frames and handrails will have a semi- gloss finish. The east elevation will have new covered service entries and exists with at-grade steps. However, it is noted that the building department has indicated that the rear access doors to the building shall be made ADA Compliant for Handicap Access. Therefore, as a condition of approval, the affected plans must be revised to indicate compliance. Upon addressing the condition of approval, the proposal will be consistent with the criteria established in LDR Section 4.6.18(E). iii ,',il� is �� i — k�� § s— lii ili 'lillll i Iii �i�il ulli 1�.. } RVIB $ f - - '� r. k �l �' y�[��' 'ii�� r; �.1� __ �g--M ER5 `.'G i iil -'u�rtl h l�li ii i : ' ._ .,.� Lr 'i; il�i��'fk��l�iii il��P�n"; The development proposal is not located in an area which requires review by the Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC) groups. Community Redevelopment Agerl At its meeting of November 20, 2014, the CRA (Community Redevelopment Agency) reviewed the development proposal and reached a consensus to recommend approval. Downtown Development Authority: At the meeting of December 8, 2014, the DDA (Downtown Development Authority) reviewed the development proposal and reached a consensus to recommend approval. Site Plan Review and Appearance Board Staff Report— December 17, 2014 249 Plaza—247 SE 6'h Avenue-Class III Site Plan Modification Page 8 Courtesy Notice: Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: • Delray Citizens Coalition • Chamber of Commerce Public Notice: Formal public notice is not required. Any letters of objection and/or support for this site plan modification will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The proposed Class III site plan modification request is to allow interior and exterior modifications associated with conversion of the existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four (4) tenant bays & construction of required on-site parking. A waiver to the minimum 20' stacking distance along the alley is required and subject to City Commission approval. Staff supports the waiver due to the fact that a four foot (4') alley r.o.w. dedication is being provided and multiple ingress and egress points serve the site. Substantial interior and exterior conversions to the existing building will bring it more into compliance with the LDRs with respect to the 75% transparency requirement, 9' terminal landscape islands, 20' landscape buffer along US1 and 26' high accent tower which decrease or eliminate existing on-site nonconformities. The new uses are more compatible with the site than the prior Advance Auto Parts retail store use and will provide viable community resources to the single family residences to the east and the multifamily townhomes to the south, as well as further revitalize the downtown CBD area. The proposed restaurant and business and professional office uses will be consistent with the current policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, subject to the conditions as indicated in the staff report. Therefore, positive findings can be made with respect to Section 2.4.511 IF i�s - vl III III I I p t L 1= - 1 �I, 'pp�li I .I ail A<�TERNATl1✓ AC3TIOIVS ��' �I�L. A. Continue with direction. I B. Deny the waiver, Class III site plan modification, landscape plan and architectural elevations 249 Plaza, based upon a failure to make positive findings with respect to Section 2.4.5(G)(5)(Compatibility), that the proposed use will hinder development of nearby properties. C. Approve the waiver, Class III site plan modification, landscape plan and architectural elevations for 249 Plaza, based upon positive findings with respect to Section 2.4.5(G)(5)(Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. `,RECOMM�NDED�AC,TION iii IIII `,; ;! ji, III Itll �.II„ By Separate Motions: Stacking Distance Waiver. Make a recommendation of approval to the City Commission for the requested waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the minimum stacking distance to ten feet (10') for parking lots with twenty-one (21) to fifty (50) spaces, whereas a minimum twenty foot (20') stacking distance is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue- Class III Site Plan Modification Page 9 Site Plan: Approve the Class III site plan modification request for 249 Plaza, based upon positive findings with respect to Section 2.4.5(G)(5) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: 1. Cut sheets for the proposed exterior light fixtures shall be provided and they shall be visibly located on the elevation drawings and rendering. 2. Per the Florida Building Code requirements, the rear entrances along the alley shall provide ADA Compliant Handicap Accessible Ramps. Modify affected sheets to demonstrate compliance. 3. The required sight triangles have been inadvertently omitted. The sight visibility triangles shall be correctly depicted and indicate visibility within the 3' to 6' height requirement. Modify affected sheets to demonstrate compliance along the alleyway and US1 (SE 6th Avenue). 4. Process a right-of-way deed indicating a four foot (4') alley right-of-way dedication to be approved by the City Commission and recorded with Palm Beach County. 5. The Palm Beach County Traffic Division has indicated that additional information is required for a traffic concurrency determination. Receipt of a favorable traffic concurrency determination is required prior to site plan certification. 6. Address the "Preliminary Engineering Technical Comments" in Appendix C. Landscape Plan: Approve the landscape Plan for 249 Plaza, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Architectural Elevations: Approve the architectural elevations for 249 Plaza, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Staff Report Prepared By • Candi N. Jefferson, Senior Planner Attachments: • Location Map • Proposed Plans • Appendices A, B & C • PBC Traffic Concurrency Review Comments Site Plan Review and Appearance Board Staff Report-December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 10 APPENDIX "A9' C.ONCURRENCY FINDING$ Pursuant to LR Section 3.1.1(B), Concurrency, as defined pursuant to Objective -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer.- • Water service is existing on-site via a six inch (6") valve within the adjacent alley to the east • Sewer service is existing on-site via an eight inch (8") main within the adjacent alley to the east Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The traffic statement indicates that there will be a decrease of 221 daily trips and an increase of 18 AM peak hour trip and a decrease of 17 PM peak hour trips at build-out in 2015. It is noted that the site is located with the Traffic Concurrency Exception Area and is exempt from detailed traffic pattern analysis. However, the Palm Beach County Traffic Division has indicated that additional information is required for a traffic concurrency determination. Receipt of a favorable traffic concurrency determination is a condition of approval. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed 2,200 sq. ft. of restaurant use (27.39 tons) and 6,526 sq. ft. of office use (17.62 tons) will generate a total of 45.01 tons of solid waste per year. The prior 8,726 sq. ft. of retail use generated 44.5 tons of waste per year. There will be a net increase in 0.96 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated through FDOT's storm water drainage system within the US1 right-of-way. There should be no impact on drainage as it relates to this standard. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 11 APPENDIX A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D- 2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable I X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report-December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 12 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective -2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not a licable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report December 17, 2014 249 Plaza—247 SE 6tt'Avenue-Class III Site Plan Modification Page 13 APPENDIX I PRELIMINARY ENGINE'ERINIG TECHNICAL COMMENTS Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Provide copy of FDOT permit or correspondence on permit status. 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Indicate right-of-way dedications on all plans in accordance with LDR Section 5.3.1. 5. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 6. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. 7. Show nearest existing fire hydrants and add any necessary hydrants per Fire Department requirements and in accordance with LDR Section 6.1.10 (2). 8. Provide 12-foot exclusive sewer easement over sewer service lines up to first clean-out. 9. Show and clearly label all easements on Landscape, Engineering and Composite Utility Plans. 10. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." 11. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off-Site Impact Assessment to the City's water and sewer systems. 12. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 13. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 14. Additional comments may follow after review of revised plans. Final Engineering Comments: 1. Final Engineering comments will be generated upon next submittal and during the Building Permit Department review process. a" UC E Ll 0 (- U SE 1st St a� c �L c� G SE 2nd St > ti Q LO w U) w a� Q SE 3rd St w II U) Mal q a S 0 SE 4th St 249 PLAZA W NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT Document Path: S:\Planning &Zoning\DBMS\GIS\Location Maps\249 Plaza.mxd Nov + O p'7 �Av November 12,2014 r 1 kA"11� and are ° Mr. Dana P. Little, AICP Department r Works Director of Planning&Zoning City of Delray Beach P.O.Box 21229 100 N.W, V4 Avenue West Palm each,FL 33416.1229 Delray Beach, FL 3 cell 684-4400 : 249 SE 6''Avenue FAX:(561)684.4050 Project#141016 www,pbcgov.com TRAFFIC PERFORMANCE STANDARDS %tl W Dear Dana: The Palm Beach County Traffic Division has reviewed the traffic statement for the Proposed re-development/expansion project entitled;246 SE 6 Avenue,pursuant to the Pax o Traffic Performance Standards in Article 12 of the Palm Beach County Land Board f County Development Cade. The project is summarized as follows: Commissioners Location: Past side of SE a Avenue, south of SE 2nd Street. Priscilla A.Taylor,Mayor Municipality: Delray Beach CN#: 12-43-46-16-B3-000-0040. Paulette Burdick,Vice Mayor Existing Uses: 3,426 SF General Retail-to be converted Hal R.Va.leche Proposed (Uses: 1,000 SF General Retail, 5,526 SF General Office, and 2,200 SF Quality restaurant (Total 5,726 SF). Shelley Va.na, New Daily Trips: 266—Vested not included New PM Trips: 21 AM and 24 PM�-Vested not included Steven�. »raa Build-Out: N/A Mary Lou Berger Based on our review, the Traffic Division has the following comments: Jess R.Sankamaria • Provide a site plan: • Provide a build-out date. • Indicate and provide documentation on the existing retail use to be operational county AAministrator or having been Used in the last 5 years: Robert weisman If you have any questions regarding this determination,please contact me at 864-4030 or e-mail to matef av ar 1, Sincerely, �..} Masoud Atefi-=MSCB CPS Administrator, Municipalities-Traffic Engineering Division MA:sf ec: Enviro Design Associates,Inc. 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Cooper, City Manager DATE: February 26, 2015 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF MARCH 31,2015 S.A.NO. 12-03.1 (AMENDMENT N0.1)/CALVIN,GIORDANO AND ASSOCIATES,INC. BACKGROUND Request consideration for approval of a Service Authorization #12-03.1 (Amendment #1) to Calvin, Giordano and Associates, Inc. in the amount of $5,786.19 for providing professional engineering services for design of 90-degree back out parking spaces at the alleyway on the west side of 342 NE 3rd Avenue. The City utilized engineering consultants retained via RFQ #2012-06 (City Project #12-057) for our Capital Improvement Program. The original agreement, with Calvin, Giordano and Associates, Inc., was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. On February 4, 2014, City Commission awarded service authorization #12-03 to Calvin, Giordano and Associates for the design of NE 3rd Street Streetscape Project, P/N 11-024. The City and CRA have redeveloped a significant part of Pineapple Grove (PG) and planned to extend the street enhancements to the following streets: • NE 3rd Avenue from NE 3rd Street to NE 4th Street • The Alley East of NE 3rd Avenue, from NE 3rd Street to NE 4th Street • NE 3rd Street from the North/South Alley West of NE 2nd Ave to the railroad tracks • Extension of sidewalks along as many of the corridors as possible The goal of the overall project, which is funded by the CRA, is to provide streetscape enhancements and pedestrian friendly facilities to connect the two City owned parking lots on NE 3rd Avenue with other locations to the south such as the Arts Garage. The design required evaluation of existing back-out parking on NE 3rd Avenue. In order to meet the intent of the design, it was determined that back out parking spaces at the alleyway on the west side of 342 NE 3rd Avenue were needed to offset the reduction of back-out parking on NE 3rd Avenue. This recommendation is in compliance with Purchasing Code Section 36.06(A)(1) Change Orders Beyond Scope of Work. Attachments include: - Service Authorization#12-03.1 (Amendment#1) - Location Map DISCUSSION Consider approval of a Service Authorization #12-03.1 (Amendment #1) with Calvin, Giordano and Associates, Inc. in the amount of$5,786.19 for providing professional engineering services (via RFQ #2012-06) for design of 90-degree back out parking spaces at the alleyway on the west side of 342 NE 3rd Avenue. (P/N 11-024) TIMING OF THE REQUEST This item is critical in keeping the overall project on schedule. FUNDING SOURCE Funding is available from 334-3162-541.68-72 (General Construction Fund: Other Improvement/N.E. 3rd Streetscape). RECOMMENDATION Through a motion, execute Service Authorization#12-03.1 (Amendment#1) with Calvin, Giordano and Associates, Inc. in the amount of$5,786.19 for providing professional engineering services (via RFQ #2012-06) for design of 90-degree back out parking spaces at the alleyway on the west side of 342 N.E. 3rd Avenue. (P/N 11-024). CONSULTING SERVICE AUTHORIZATION DATE: _January 29,2015 CONSULTANT: Calvin Giordano&Associates Inc. SERVICE AUTHORIZATION NO. #12-03.1 FOR CONSULTING SERVICES CITY P.O.NO._ 697109 EXPENSE CODE CITY PROJECT NO. 11-024 CONSULTANT PROJECT NO. 13-6323.1 TITLE: NE 3rd Street Streetscape (NE 3rd Avenue and Artist's Alley Improvements from NE 3rd Street to NE 4"' Street) This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract, dated February 22, 2012, as amended November 5, 2013. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95 as shown in the attached exhibit. The Scope of Services will be to add the design of 90-degree back out parking spaces at the alleyway on the west side of 342 NE 3rd Avenue. These parking spaces will be added to the plans for the overall project. Topographic survey of the property and the alley for the purposes of design shall be secured. This proposal does not include any SPRAB applications and SPRAB approval will not be sought for this project. This project will be performed as additional service to Services Authorization #12-03 for NE 3rd Street Streetscape. II. SCOPE OF SERVICES Phase I—Study and Report Phase Study and Report Phase Services are not included in this Service Authorization. Phase II—Preliminary Design Phase Preliminary Design Phase Services are not included in this Service Authorization. Phase III—Final Design Phase Consultant shall provide final design phase services in accordance with Article III B of the Agreement for Engineering Services with the City, dated February 22, 2012 as amended November 5,2013. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk- through will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Preparation of preliminary design drawings shall include: cover sheet, general notes, Civil Engineering plan drawings,landscape architectural and irrigation plans,electrical engineering plans and miscellaneous City detail sheets. A table of contents for the specifications will be provided(specifications will not be prepared at this stage). 4. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant.The drawings will be in AutoCAD 2013 format. 5. Consultant shall coordinate with utility agencies to secure information regarding the location of their facilities in the project limits. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. 6. Consultant shall coordinate with City staff to secure any information that may be available regarding the City's facilities in the project area including as-builts and service maps. 7. Consultant shall use the- data to prepare the conceptual designs for the parking spaces. The concepts shall illustrate the following: • Existing utilities and proposed demolition plans • Tree Disposition plans • Hardscape locations and materials • Landscape locations and materials 8. After City staff approval is obtained, Consultant shall modify the existing construction drawings for the parking spaces which shall include: • Cover Sheet • Topographic Survey • Paving, Grading and Drainage Plans and Details • Landscape Architectural Plans and Details • Irrigation Plans and Details 9. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at F = 20' or larger. Two (2)plan sets will be submitted to the City at the 30%, 60%, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages. 10. Consultant shall prepare at the 30, 60%, 90% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 11. Consultant shall attend kick-off meeting and a maximum of three (3) design meetings with the City and provide a written summary of the issues discussed. 12. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90%, and 100% Design Documents(.drawings, specifications,and cost estimates,as appropriate). 13. Consultant shall upon acceptance of the 100%plans provide 100%design drawings,one (1) mylar set and one (1) set of AutoCAD(version 2009 or lower)files in electronic format (*.DWG and*.PDF)on CD. Specifications and Front-end documents shall be provided in electronic (*.PDF and *.DOC) format. 14. Contract documents consisting of"front end"documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 60%, 90% and 100% stages. Phase IV—Biddine/Neeotiatine Phase Bidding/Negotiating Phase Services are included in the base contract and are not included in this Service Authorization. Phase V—Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other—Permitting Permitting Phase Services are included in the base contract and are not included in this Service Authorization. Other—Surveyin� Consultant shall secure Topographic Survey of the proposed site, locating all above-ground improvements. The Topographic Survey will be provided electronically for engineering design purposes. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. Existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict existing ground profile at proposed project area. Topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of visible fixed improvements within the right-of-way (including 10- feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vacant. Location of known above and below ground existing utilities: FP&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures This will include coordination with Sunshine 811 and City of Delray Beach. b. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers,house address,ownership lines,block numbers and dedicated easements. c. Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. d. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street and alley. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. f. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD. III. TIME OF PERFORMANCE The completion dates for the work will be as follows (starting at written notice-to-proceed). Refer to Attachment A—Project Schedule. Phase of Services Time per Phase Cumulative Time Survey 1 Weeks 1 Weeks Phase III—Final Design 1 Weeks 2 Weeks Notes: 1. Title Work will be performed during the Survey Phase time period. 2. Schedule is based on review meeting with City occurring with 1 week of receipt of each submittal. The schedule will have to be adjusted if the review times are longer. IV. COMPENSATION Engineering Services Estimated Fees Phase I—Study and Report Phase N/A Phase II—Preliminary Design Phase N/A Phase III—Final Design Phase $3,858.18 Phase IV—Bidding/Negotiating Phase N/A Phase V—Construction Administration N/A Other—Permitting N/A Other—Surveying $1,928.01 Other—Geotechnical $N/A Other- Structural Engineering $N/A Other—Field Verification N/A Other—Title Work $N/A Out-of-Pocket Expenses $N/A Total Project Cost $5,786.19 Notes: Out-of-Pocket Expenses include the following:printing/reproduction/postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT shall commence work on any service authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Cary D. Glickstein, Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of 201, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 201 Notary Public State of Florida My Commission Expires: 4 EXHIBIT A c kcation of spaces is her i 'yy Calvin, Giordano S Associates, Inc. d E X C E P T I O N A L s 0 L u T 1 © y s ATTACHMENT A-CONSULTANT SERVICES AUTHORIZATION BUDGET SUMMARY 560Y11age Blvd.,Suite 340,West R.11m Beach.Florid,l s:11 Ili + Ph-561.6841161.Fa S61.684.6a60 DATE Certificate of Authorization No.514 2/27/2015 Project Title JCGA PROJECT NO. City of Delray Beach NE 3rd Street Streetscape(NE 3rd Avenue and Artists Alley Improvements) 13-6323 CSA Number CSA 3 Work Activity lEmployee Classification lHours lHourly Rate ITotal Phase I-Study and Report Phase-Not Included in This Project Project Manager(IV) 0 $ 144.09 $ - Project Engineer(III) 0 $ 125.35 $ Senior CADD Tech Manager 0 $ 103.01 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ Phase II-Preliminary Design Phase-Not Included in This Project Project Manager(IV) 0 $ 144.09 $ Project Engineer(III) 0 $ 125.35 $ - Jr.Engineer(1) 0 $ 81.13 $ Senior CADD Tech Manager 0 $ 103.01 $ Sr.Landscape Architect 0 $ 148.92 $ Landscape Architect 0 $ 115.19 $ - LandscapeCADDTechnician 0 $ 73.43 1$ Clerical 0 $ 72.94 1$ Task Subtotal 0 $ Phase III-Final Design Phase Project Manager(IV) 4 $ 144.09 $ 576.36 Project Engineer(III) 8 $ 125.35 $ 1,002.80 Engineer(II) 0 $ 88.03 $ - Jr.Engineer(1) 0 $ 81.13 $ - Senior CADD Tech Manager 20 $ 103.01 $ 2,060.20 Sr.Landscape Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 $ Landscape CADD Technician 0 $ 73.43 $ - Clerical 3 $ 72.94 $ 218.82 Task Subtotal 35 $ 3,858.18 Phase IV-Bidding/Negotiating Phase Project Manager(IV) 0 $ 144.09 $ - Project Engineer(111) 0 $ 125.35 $ Engineer(II) 0 $ 88.03 $ Sr.Landscape Architect 0 $ 148.92 $ - Landscape Architect 0 $ 115.19 $ LandscapeCADDTechnician 0 $ 73.43 $ - Clerical 0 $ 72.94 1$ Task Subtotal 0 $ Phase V-Construction Administration-Not Included in This Project Project Manager(IV) 0 $ 144.09 $ Project Engineer(III) 0 $ 125.35 $ - Sr.Landscape Architect 0 $ 148.92 $ Landscape Architect 0 $ 115.19 $ - Clerical 0 $ 72.94 $ Task Subtotal 0 $ - Other-Permitting Project Manager(IV) 0 $ 144.09 $ Project Engineer(III) 0 $ 125.35 $ - Engineer(II) 0 $ 88.03 $ Sr.Landscape Architect 0 $ 148.92 $ - Landscape Architect $ 115.19 $ Task Subtotal 0 $ Other-Surveying Registered Surveyor 0.5 $ 99.98 $ 49.99 Survey Coordinator 2 $ 82.51 $ 165.02 CADD Technician 4 $ 78.25 $ 313.00 Survey Crew(3 party) 8 $ 175.00 $ 1,400.00 Task Subtotal 14.5 $ 1,928.01 Other-Geotechnical Soil Borings I 1 01$ - I$ - 10%Markup 1 0 $ 1$ Task Subtotal 0 $ Other-Structural Design of Column 1 0 $ I$ - 10%Markup 10%Markup 1 01$ 1$ Task Subtotal 0 $ Other-Title Work Title Work 1 0 $ I$ 10%Markup 10%Markup 1 01$ 1$ - Task Subtotal 0 $ Other-Out of Pocket Expenses Printing/Reproduction/Postage I Task Subtotal I$ - CSA Labor Total $ 5,786.19 CSA Subconsultant Total $ - CSA Out of Pocket Total $ - CSA Total $ 5,786.19 N G� ° o c z z 5TH ST. C) Li W (� Z � N.E. 4TH ST. Q Q w � � w w Q o 0 Y w w 0 LL_ LL 0 N N.E. 3RD ST. Li N \ O Q `o L\LIJ 0 Q / Q O O U 7 CL O i LLI F- o z z N 3 LLB o z 0 U O J N.E. 2ND CN CITY of DELRAY BEACH LOCATION MAP DATE:03/05/2015 Q ®s PROPOSED BACK-OUT PARKING NE 3RD STREET ®°6 aE,U 80VrnHNaMwrEr DN A�SERVICES ,DEPARTMENT 2011-024 1 of 1 Purchasing Compliance Checklist 36.02 (A) Amount: 1$2,500 to under $10,000 (1) Competitive Bid Lowest Responsive Bid (2) RFP Selection Committee Recommendation ✓ (2) RFQ (2) Letter of Interest 36.02 (B) Written Quotes attached City Commision Approval: 36.03(C) �/ (3) Professional Service ❑ 36.03(A) $25,000 and above (4) Speciality Good ❑✓ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Service authorization - Amendment #1 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper,City Manager DATE: March 5,2015 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF MARCH 31,2015 AMENDMENT NO.2 TO THE SURVEYING CONSULTING SERVICE AGREEMENTS BACKGROUND Consider approval of Amendment No. 2 for the following four (4) - Surveying Consulting Agreements (RFQ #2012- 07): 1) Avirom&Associates,Inc. 2) Caulfield&Wheeler,Inc. 3) Wantman Group, Inc. 4) Dennis J. Leavy &Associates, Inc. This recommendation is in compliance with Chapter 36 of the Code of Ordinances, Section 36.02(C)(3), "Professional Services" and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal". In April 2012,the four surveyors listed above were awarded two year agreements for surveying consulting services. The process utilized in awarding these continuing agreements was in compliance with Title 19, Chapter 287, Section 287.055 of the Florida Statutes, a/k/a Consultants Competitive Negotiation Act (CCNA), for acquisition of professional architectural, engineering, landscape architectural or surveying and mapping services. The original agreement was for two years and the City reserved the right to renew each agreement for one additional year in each of the three years after the initial two years. The total agreement will not exceed five years, which is in concert with the Five Year Capital Improvement Program (CIP) that was included in the original Request for Qualifications (RFQ). Under CCNA, the City chooses consultants based on qualifications and not hourly rates. Only after consultants were ranked based on qualifications and approved by City Commission did staff negotiate hourly rates. All four (4) Surveying Consulting Firms have agreed to hold their existing hourly rates set forth in the original agreement (attached)until April 2016. Funding shall be dependent on the capital improvement plan budget FY 2014- 2015. A comparison spreadsheet detailing their hourly rates is depicted below: 2015 Surveyor Rates/Hour Avirom and Caulfield and Wheeler Dennis J. Leavy and Wantman Associates Assoc. Group 150.00 Principal Surveyor N/A 110.01 204.81 SUE Services Manager N/A N/A N/A 141.33 125.00 Senior Professional Surveyor N/A N/A 137.01 100.00 Professional Land Surveyor 135.00 N/A 107.55 SUE Engineer N/A N/A N/A 80.76 Professional Engineer N/A 135.00 N/A N/A 36.00 Surveyor Intern N/A N/A 67.92 SUE Field Manager N/A N/A N/A 83.76 Project Surveyor N/A N/A 95.00 N/A Landscape Architect N/A 135.00 N/A N/A Surveyor/Technician 85.00 N/A 64.99 93.75 85.00 GIS Technician N/A N/A 93.75 CADD Technician/Operator N/A 135.00 64.99 N/A 2 Man Survey Field Crew 135.00 N/A 95.00 120.00 160.00 3 Man Survey Field Crew 135.00 120.01 150.00 4 Man Survey Field Crew N/A N/A N/A 180.00 Hydrographic/Bathymetric Crew 225.00 N/A N/A 325.00 GPS Survey Crew N/A 135.00 N/A N/A 185.00 Laser Scanning Survey Crew 135.00 N/A 250.00 Vacuum Excavation Crew N/A N/A N/A 180.00 N/A Robotic Survey Crew 135.00 N/A N/A N/A Utility Designating Crew N/A N/A 120.00 Inspector N/A 135.00 N/A N/A Clerical/Administrative Staff 60.00 135.00 54.99 65.25 DISCUSSION This is a request for City Commission to consider approval of Amendment No. 2 to the Surveying Consulting Agreements (RFQ#2012-07)with the following surveyors: 1)Avirom&Associates,Inc. 2) Caulfield&Wheeler,Inc. 3)Wantman Group, Inc. 4)Dennis J. Leavy&Associates,Inc. TIMING OF THE REQUEST This is a high priority item as Amendment No. 1 to the original agreement will commence to expire in April 2015. Amendment No. 2 will extend the original agreements until April 2016. RECOMMENDATION By motion, approve Amendment No. 2 to the Surveying Consulting Agreements with Avirom&Associates,Inc. By motion, approve Amendment No. 2 to the Surveying Consulting Agreements with Caulfield&Wheeler,Inc. By motion, approve Amendment No. 2 to the Surveying Consulting Agreements with Wantman Group, Inc. By motion, approve Amendment No. 2 to the Surveying Consulting Agreements with Dennis J. Leavy & Associates, Inc. AMENDMENT NO. 2 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 2 to the Agreement dated April 5, 2012 is made this day of , 20157 by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Avirom & Associates, Inc., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 5, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until April 5, 2016. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant 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. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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, 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 Consultant 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 t being made to the Consultant. e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 5, 2012 not in conflict with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary D. Glickstein, Mayor Approved as to legal sufficiency and form: By: City Attorney WITNESSES: AVIROM & ASSOCIATES, INC., INC. By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015, by , He/She is personally known to me or has produced (type of identification) as identification. Notary Public— State of Florida 3 AMENDMENT NO. 2 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 2 to the Agreement dated April 5, 2012 is made this day of , 20157 by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Caulfield & Wheeler, Inc., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 5, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until April 5, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant 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. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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, 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 Consultant 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 t being made to the Consultant. e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 5, 2012 not in conflict with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary D. Glickstein, Mayor Approved as to legal sufficiency and form: By: City Attorney WITNESSES: CAULFIELD & WHEELER, INC.., INC. By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015, by , He/She is personally known to me or has produced (type of identification) as identification. Notary Public— State of Florida 3 AMENDMENT NO. 2 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 2 to the Agreement dated April 26, 2012 is made this day of , 20157 by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Dennis J. Leavy & Associates, Inc., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 26, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until April 26, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant 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. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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, 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 Consultant 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 t being made to the Consultant. e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 26, 2012 not in conflict with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA 2 By: By: City Clerk Cary D. Glickstein, Mayor Approved as to legal sufficiency and form: By: City Attorney WITNESSES: DENNIS J. LEAVY & ASSOCIATES, INC. ., INC. By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015, by , He/She is personally known to me or has produced (type of identification) as identification. Notary Public— State of Florida 3 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 2 to the Agreement dated April 26, 2012 is made this day of , 20157 by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Wantman Group., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 26, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until April 26, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant 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. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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, 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 Consultant 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 t being made to the Consultant. e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 26, 2012 not in conflict with this Amendment No. 2 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA 2 By: By: City Clerk Cary D. Glickstein, Mayor Approved as to legal sufficiency and form: By: City Attorney WITNESSES: WANTMAN GROUP ., INC. By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015, by , He/She is personally known to me or has produced (type of identification) as identification. Notary Public— State of Florida 3 Ll-'NT Urr], DFIRAY REACH ,N . All-America C ity March 02, 2015 Dennis J. Leavy&Associates, Inc. Attn: David Bowyer 460 Business Park Way, Suite B Royal Palm Beach,FL 33411 REF: RFQ#2012-07 Surveying Consulting Services Annual Contract 21d One Year Renewal Dear Mr. Bower, The annual contract for the above referenced Bid expires on April 26, 2015. Per page #5, Section 4 "Renewal" of the General Conditions of this bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for three (3) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City" Please advise if this one (1) extension of your contract executed April 05, 2012 at the same prices, terms and conditions would be acceptable through April 04, 2016 Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N W 1st Avenue, Delray Beach, Florida, 33444 or by email. nadal@mvdelraybeach.com. Sincerely, Patsy Nadal, Purchasing Manager 4X I hereby agree to the one(1)year extension of the subject Bid 1 am unable to provide a one(1)year extension of the subject Bid 03-02-15 Signature Date David Bower Name(print) cc. John(Jack) Warner, Chief Finance Officer Holly Math, Chief Purchasing Officer Randal Krejearek, Director of Environmental Services Victor Hflajtenyi, Deputy Director of Public Utilities Bill Grieve, Assistant City Engineer [ITV DELRAY BLACK bcftd AI!-Ata�eticaCity March 02. 2015 Wantman Group Attn:Robin Petzold 2035 Vista Parkway, Suite 100 West Palm beach, FL 33411 REF: RFQ#2012-07 Surveying Consulting Services Annual Contract 2ntl One Year Renewal Dear Mr. Petzold; The annual contract for the above referenced Bid expires on April 26, 2015. Per page #5, Section 4 "Renewal"of the General Conditions of this bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for three (3) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your contract executed April 05, 2012 at the same prices, terms and conditions would be acceptable through April 04, 2016 Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W 1st Avenue, Delray Beach, Florida, 33444 or by email, nadal@mvdeiray0each.com. Sincerely, Y% y, Patsy Nadal, Purchasing Manager I hereby agree to the one (1)year extension of the subject Bid m �aone�(I)) a the subject Bid 2�t Signature pat ti d r4 Name(print) cc: John (Jack) Warner, Chief Finance Officer Holly Vath, Chief Purchasing Officer Randal Krejcarek, Director of Environmental Services Victor Majtenyi, Deputy Director of Public Utilities Bill Grieve, Assistant City Engineer r MII' 1",' IN March 02, 2015 Avirom&Associates, inc. Attn: Mike Avirom 50 S.W. 2nd Avenue Boca Raton, FL 33432 REF: RFQ#2012-07 Surveying Consulting Services Annual Contract 2"d One Year Renewal Dear Mr. Avirom; The annual contract for the above referenced Bid expires on April 05, 2015. Per page #5, Section 4 "Renewal"of the General Conditions of this bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for three (3) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your contract executed April 05, 2012 at the same prices, terms and conditions would be acceptable through April 04, 2096 Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 or by email: nadal a0mydelraybeach.coin. Sincerely, patsy Nadal, Purchasing Manager I hereby agree to the one(1)year extension of fire subject Bid I 1 /am unable to provide a one(1)year extension of the subject Bid Signature Date - , C,1-kA6L— k�. vl2pwti n�S,rt Name(print) cc: John (Jack) Warner, Chief Finance Officer Holly Vath, Chief Purchasing Officer Randal Krejcarek, Director of Environmental Services Victor Majtenyi, Deputy Director of Public Utilities Bill Grieve,Assistant City Engineer �f?-I�QricAri , March 02, 2015 Caulfield& Wheeler, Inc. Attn: Dade Lindley 7900 Glades Road, Suite 100 Boca Raton, FL 33434 REF: RFQ#2012-07 Surveying Consulting Services Annual Contract 2"'One Year Renewal Dear Mr Lindley; The annual contract for the above referenced Bid expires on April 05, 2015 Per page #5, Section 4 "Renewal`of the General Conditions of this bid package, "The City Commission may renew the contract, at the same terms, conditions, and prices for three (3) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". Please advise if this one (1) extension of your contract executed April 05, 2012 at the same prices, terms and conditions would be acceptable through April 04, 2016 Please respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N.W 1st Avenue, Delray Beach, Florida, 33444 or by email: nadalPmydelravbeach.com. Sincerely, Patsy Nada Purchasing Manager xn 1 hereby agree to the one(1)year extension of the subject Bid cI l am abl 0 provide a one(1)year extension of the subject Bid March 4, 2015 Signature Date David P. Lindley, Vice President Name(print) cc: John (Jack) Warner, Chief Finance Officer Holly Vath, Chief Purchasing Officer Randal Krejcarek, Director of Environmental Services Victor Majtenyi, Deputy Director of Public Utilities Bill Grieve, Assistant City Engineer AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated April 5 2012 is made this day of 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Avirorn & Associates, Inc., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 5, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until April 5, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General_ of Palm Beach County_has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant 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. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Consultant 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, 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 Consultant 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 t being made to the Consultant. e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 5, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA 2 By. By: City Clerk ry D lickstein, Mayor Approved as to legal sufficiency and form: B , � By: %r ttCity Attorney WITNESSES: AVIROM & ,ASSOCIATES, IN ., INC. By: _ 1 Print Name: r lsHA STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /5 day of 2014, by }{ f ,' `,r'' .9 Hel�he is personally known to me or has produced (type of identification) as identification. JCUI N tary Public— State of Florida JMICE CHINA MY COMMISSION#EE 037976 EXPIRES:November 7,2014 Bonded Thry Netary Public Underwriters I r s 3 City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this day of r , 20 , by and between the CITY of Delay Beach, Florida, hereinafter referred to as "CITY", and Avirom & Associates, Inc._, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS• GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY`S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page I of 27 City of Detray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties camrot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employerfemployce relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications,reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City, E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. Page 2 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery,presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products,polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates Michael D. Avirom , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT; The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. I. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT, The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees, F. Provide access to CITY facilities. V, TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen Page 4 of 27 City of Delray Beach Land Surveying Consulting Services (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A, The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 -LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. ,Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto,plus reimbursable expenses and other related costs. 2. METHOD II - TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. Page 5 of 27 City of Delray Beach Land Surveying Consulting Sen ices a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subeontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION,without written approval, D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the Page 6 of 27 City of Detray Beach Land Surveying Consulting Services CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. LK MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright lights,whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services Page 7 of 27 City of Delray Beach Laird Surveying Consulting Services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with mirdinum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Survey- ors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers'Non-Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Page 8 of 27 City of Delray Beach Land Surveying Consulting Smices Coverage shall be afforded on a form acceptable to the CITY, CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project,maintain adequate levels of Professional Liability Insurance. S. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services; It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising fiom this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Deh-ay Beach Land Surveying Consulting Services E. Authority to Contract; The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY,will include but not be limited to; 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. Page 10 of 27 City of Defray Beach Land Surveying Consulting Services J. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit; CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach,Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT Ayirorn &Associates,Inc. 50 SW 2�—Avenue Suite 102 Boca Raton,Florida 33432 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Page 11 of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal OpporhrnitEm lloovment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty(30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further,prior to the CONSULTANT'S destruction of any of Page 12 of 27 City of Delray Beach Land Surveying Consulting Services the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materiahnen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees fiom and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction, Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. fraternal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan(CIP), attached hereto as Exhibit"D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Dehay Beach Land Surveying Consulting Sci vices IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. C; Y O DELRAY A C ORIDA By, AYOR ATTEST: City Clerk Approved as to Form: CITY Attorney CONSITANT Avirom&Associates Inc. By: A-) a L Michael D. Avirom Name Printed Title: President (Seal) �1/Lt�GtQ, �ti� Witness Name Printed Page 15 of 27 City of Delray Beach Land Surveying Consulting Sen ices ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this 13 day of �`�til,C.l�'<- 2001;'was acknowledged by ',(-V\Ck e �)' 0a►3fi0(Y1 _ , on behalf of the lCorporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this day of ar')( w , 200—JA Nota Public (SEAL) My Commission Expires: ;,, = k 3dY 00M,$S0 EE W1876 _�' Exp1Ei�S't�ovemb0 �2 �� g 014 �r 6a{dedttrUNOtatlPuhsK1 ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200—. Notary Public My Commission Expires: ACKNOWLEDGEMENT IF A PARTNERSHIP Page 16 of 27 i City of Delray Beach Land Surveying Consulting Services State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: Page 17 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT A(SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. TITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. L PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 City of Delray Beach Land Surveying Consulting Services Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of , 201_, was acknowledged by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid thus day of , 201 Notary Public State of Florida My Connrnission Expires: Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference:Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved, Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the survey. Street From To The survey should include the following: 1. Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way as well as the front two corners of the building on each lot, 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Coordination with City of Delray Beach's Water and Sewer network at (561) 243-7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200+00 for SE 211a Ave, 300+00 for SE 3rd Ave, 800+00 for SE 8" Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of surrey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08"_@ 1"=20' this would be 1.6' high letters L100 0.10" L120 0.12„ L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Seances There are a few main issues regarding drawing management and file transfers to the city that require compliance, When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY,DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaied all at the same time without moving from them- original insertion points. Page 22 of 27 City of Delray Beach Land Surveying Consulting Services PLACEMENT OF LEADER LINES THIS IS A TEST CTHIS A TESL THIS IS A TEST TtfkS IS A TEST OF A FOUR LINE OF A FOUR LINE OF A FOUR LINE OF A FOUR LINE NOTE FOR LEADER NOTE FOR LEADER NOTE FOR LEADER NOTE FOR LEADER DEMONSTRATION DEMONSTRATION DEMONSTRATION DEMONSTRATION i WRONG RIGHT DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example; Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre-CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc.., percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT B Hourly Raw Professional Land Surveyor Salary Rate Multiplier Hourly Rate Michael Avirorn 50.00 3 150.00 Jolui Doogan 33,60 3 100.80 Keith Chee-A-Taw 33.60 3 100.80 David Breaux 31.20 3 93.60 Marisha Kreitman 24.00 3 72.00 Alan Reynolds 25.60 3 76.80 Hourly Raw CARD Drafting Salary Multiplier Hourly Rate William Evans 26.00 3 78.00 Stephen McKean 19.00 3 57.00 Hourly Raw Survey Field Crew Salary Rate Multiplier Hourly Rate Michael J. Avirom 19.50 3 58.50 Russel Dame 23.00 3 69.00 Jimmy Friddle 2100 3 66.00 Robert Howald 18.00 3 54.00 Kevin Ward 15.00 3 45.00 Hourly Raw Office Super Salary Multiplier Hour_ __ly Rate Janice China 21.5 3 64.50 Lisa Mindieta 20.0 3 60.00 Page 24 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C CONSULTING SERVICES INVOICE FORMAT i Bill To: City of Delray Beach Invoice fl 434 S.Swinton Ave. Delray Beach, FL 33444 Invoice Date: Service Auth.# Remit To: City Purchase Order U City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph(Description of Services Provided): Insert Status Summary/Description of Services LABOR class Name Rate Hours Amoun t Principal $0.00 Sr.Engineer $0,00 Engineer $0.00 Cadd Designer $0.00 Sr.Engineering Tech $0.00 Sr. Inspector $0.00 Clerical $0.00 Subtotal Labor $0.00 SUBCONSUL TS (Must attach copies of backup Invoices) Amount. Insert Name of Subconsultant $0.00 Insert Name of Subconsultant $0.00 Subtotal Subconsultants $0.00 REINIBURSABLE OUT•OF-POCKET EXPENSES (Must attach copies of backup) Amount Postage $0.00 Printing $0.00 Subtotal Expenses $0.00 TOTAL AMOUNT DUE;THIS INVOICE: $0.00 Page 1 of 3 Page 25 of 27 City of Deh•ay Beach Land Surveying Consulting Services EXHIBIT C (page 2) Bill To; City of Delray Beach Invoice## 434 S.Swinton Ave. Delray Beach,PL 33444 Invoice Pate: Service Auth.It Remit To. City Purchase Order-# City Project Number: City Project Title: For Professional Services for Period Ending: COST SUMMARY (Must match cost breakdown In Service Authorization) Phase or Task Number Phase or Task Description Amount Phase I or Task 1 (Insert Description of Phase or Task) ContractAmount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00_ Amount Remaining $0.00 Phase]? or Task 2 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase lli or Task 3 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0,00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0,00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $.0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page 2 of 3 Page 26 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 3) Bill To: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray peach,FL 33444 invoice Date: Service Auth.# Remit To: City Purchase Order It City Project Number: City Project Title: For Professiolnal Services For Period Ending: Phase or Task Number Phase or Task Description Amount Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0,00 Amount Earner!This Period $0.00 Amount Previously Earned $0,00 Amount Remaining $0.00 Phase Vil or Task 7 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0,00 Phase Vlll or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0,00 TOTAF_CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 27 of 27 Client#: 5673 AVIRASS3 ATE ACORD. CERTIFICATE OF LIABILITY INSURANCE D312312012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ISU Suncoast Insurance Assoc PHONE 813 289-5200 FAX 813 2894561, AC No Ex1: AIL,No); P.O. Box 22668 E-MAIL ADDRESS: Tampa,FL 33622-2668 PRODUCER -CUSTOMER to�: 813 289-5200 INSURERS)AFFORDING COVERAGE NA1G# INSURED INSDRERA,Continental Insurance Company 35289 Avirom&Associates, Inc. INSURER B:Transportation Insurance Compan 20494 50 S.W.2nd Avenue,Suite 102 INSURER C:XL Specialty Insurance Company 37885 Boca Raton,FL 33432 INSURER D National Fire Ins Co.of Hartfo 20478 INSURER t : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERCIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 4DL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSR D POLICY NUMBER MM1DD MM1DD LIMITS A GENERALLIAWLITY X 4030417115 8/01/2011 08/01/2012 EACH OCCURRENCE $1,000,000 DAA4AGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occu re=e) $50,000 CLAIMS-MkDE Dd OCCUR MED FXP(Any one person) 55,000 PERSONAL&AOVINJURY 51,000,000 GENERAL AGGREGATE $2,0{)0,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG 52,000,000 POLICY PRO- LOC S D AUTOMOBILELIABILITY 4030417034 0810112011 0810112012 cident OMBINED'TNGLF UNIfT $1,000,000 Ea ac X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per aecident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (PeraWdent) $ X NON-OWNEOAUTOS $ S B X UMBRELLALIAE X OCCUR 4030417079 08/0112011 0116112111 EACH OCCURRENCE 11,110,011 EXCESS LIAR CLAIMS-MADE AGGREGATE 51,000,000 DEDUCTIBLE $ RETENTION $ 0 S WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS FR ANY PROPRIETORIPARTNEWEXECUTIVE❑ N!A E.L.EACH ACCIDENT S OFFICERfMEAIBER EXCLUDE!)? {Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS Wow E.L.DISEASE-POLICY LIMIT $ C Professlonal DPR9694804 08/01/2011 08/01/201 $1,000,000 per claim Liability. 1 1 $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Project:2012 Surveying Consultant Agreement. The City of Delray Beach Is listed as Additional Insured as respects the Commercial General Liability. The Certificate Holder shall receive thirty(30)days minimum (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 434 South Swinton Avenue THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE @1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S374491/M333070 LWA DESCRIPTIONS (Continued from Page 1) written notification in the event of cancellation,non-renewal or material change of coverage. Professional Liability coverage is written on a claims-made and reported basis. AMS 25.3(2009/09) 2 of 2 #53744971M333 079 it CERTIFICATE OF LIABILITY INSURANCE E' 03102 alYYYY! a3ro2r1z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOE=S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(los)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the polloy,car leln policies may require an endorsement.A alaloment on lhle certificate does not confer rights to the certificate holder fn lieu of such endorsement(s), PRODUCER NAME. Aon Risk Services,Ina of F:crfda Aon Risk Serv:css,Inc of rlwWa F003 wadi BAY Drive,5en1eft[900 ON110£at:500.743-6130 ivC Rol:600-522-7A514 1,Gg,rd,FL 33931.4937 AooREas: ADP.COI.Oenter@,Aon.com INSURERS)AFFORDING COVERAGE NAIC# INSURERA:LFWw KaWaflnsurmeeCo 23817 INSURED INSURER I3 1 ADP TalalSovloo NH XXVIII,Inc. 10200 Sunset Drive INSURER C! Wand,FL 33173 ALTERNATE:EMPLOYER INSURER D: AWorn&Assodatesln, INBUR RE SSSWWAve Stu 102 Boca Raton,FL 33432 I INSURER F! COVERAGES CERTIFICATE NUMBER:402606 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED NAF,tEO ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONOITfON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN AREAS REQUESTED. INSP TYPEONNSURANCE Abut SUBRI POLICY NUMBER POLICYEFF POLICYEXP LIMITS LTA INSR WVD MWDD IMMIDDNYM GENERALLIABILFTY - EACH OCCURRENCE $ DAl.+AGE TO REMED COMMERCUd.OENERAL11AUKiTY PREMISES caao bv< $ CLAIMS-MADE ❑OCCUR MEDEXP(&ny one rson) $ PERSONAL&ADVIWURY S GFN8RALA30RE0ATE $ GENLAGGREGAT@ LIMIT APPLIF3PER'. PRODUCTS•COMPIOPAGG $ f POLIOY 0 PROJECT LOC CptnIBINE�OSIN0LEL1Af]T $ ( AUTOMOe1LE LJABILiTY ANY AUTO aCOILYINJURY iPqr rson) S ALLOWNEO SCHEDULED AUTOS AUTOS BODILYINlURY Pereocf1-1 $ HAEDAUTOS AUTOSWNEO PeQ��TYtDAMAGE $ 5 UMeRELLALIAB OCCUR FACHOCCURRFNCE $ EXCESS L1AG dCLAIMSAIA0P AGGREGATE $ DEC I I RETENTION WORKERS COMPENSATION SYCSTA'IU- OTH A ANDEMPLOYE:RS'L41alLn-Y YIN W0012437068 FL 07101111 07/04/12 X TORY LIMITS ER ANY ROPRIETOWAFtTNERI-7XECUTNE OFFICERIMEMBEREXCLUDI NIA E.L.EACHACCIDErTf S 2,000,Of10 (MandatnrylnNHj E.L.DISEASE-EAV.IFLOYE S 21000,000 If}vi.dtrv7.w w�dar DESCRIPTIONOF OPERATIONS befow E.L.DISEASE-POUCYUW $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VE1110LES(Attach ACORD 101,Add6Uonal Remarks Schedule,If more Space is regvlrar) All worksile employees vroddng fofthe above named 05nl company,paid underAOP TOTALSOURCE,1NC:s payroll,are wvered under the stove stated po>cy.The shove named dient13 e n al:emate employer underWsposoy. CERTIFICATE HOLDER CANCELLATION CityofDe"my Beath SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE 434 South SvMlm Ave. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Delray Beaa 1.33444 ACCORDANCE WITH THE POLICY PROVISIONS, ( AUTHORUP-0 REPRESENTATIVE (�O/L��ft(`�ErlVL4�b, Y/LO a �IG�C1iL1LC ©1986-2010 ACORD CORPORATION.All rights reserved, ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ONA G1Ap331�C (Ld.10/10) THIS ENDORSEMENT CHANGIES THE POLICY, PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL, INSURED -OWNERS, LESSEES OR CONTRACTORS a WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modllfos Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE(OPTEONAL) Name of Additional Insured Persons Or Organizations (As required by"vrriKen coni(aot"per Paragraph A.below.) City of Delray Beach 434 South Swinton Avenue Delray $each, FL, 33444 Lotatlons of Covered Operations (As per the xw INn contract,"provided the location Is within the%ovwaga territory"of this Coverage Par€,} All Locations i A. Ssction ii•Who IS An]trsured Is amended to Include 2, We will not provide the additlonal Insured any 'as an additlonal Insured: broader coverage or any higher limit of Insurance 1, Any person or organization whom you are than the least that is: requlrod by Ir.6tte, contract" to add as an a. Required by ilia"written contract"; addillonril Insured on this Coverage Part;and h, Oesodbed In B.I.above;or 2. The parlicular person or organization, If any, o. Afforded to you under this policy. sohaduiod above, O. The lnsuranda provided to the additional Ensured Is 3. This Insurance Is excess of all other Insurance llmlted as follows: available to the addillonai insured whether on a primary, excess, contingent or any other basis, € 1, The person or organization Is an additional But If required by the 'written contract," this Insured only with respect to liability for "bodny Insurance will be primary and non•contdbutory injury," "property damage;' or 1pomonol and relative to Insurance on which the -additional advertlsing Injury'caused In whole or In part by: Ensured Is a Tamed Insured., a, Your aots or omlaslow ar d. The Insurance provided to the additlonal Insured b. The acts or onrlsslons of those acting on your dogs not apply to "bodily Injury," "property beh4lf darnaga, or personal and advorl€sing Injury arising out of: > In the performance of your ongoing operations A. The ro ndoring of,or the fallure to render, any specll€ed In the"whiten contract°;or professional archlloolural, onglneoring, or o. "Your work, that Is speclned in the `%vrllton surveying services,Including: contract" but only far "bodily Injury" or (1) The preparing, approving, or falling to "proporly damoge"Included In Iho °products• completed operations hazard,"and only If: prepare or approve irmps,shop drawings, opinions, reports, surveys, (laid orders, mm (1) UP gwd(ten contract` requires you to change orders or drawings and provide the additional insured such specifloatrons;and Coverage;and (2) Supervisory, Inspection, architectural or (2) This Coverage Bart provides such engineering activities;or coverage, G 1�10331.0 Inotudoo oopydohlad malaAa]or]nsuronto$oMoosQHlce,ino.,Mb lie PoWsston Pago 1 of 2 (Ed.10/10) b•i�lU33i•C h, Any premises or work for which the additional We have no duty tb defend or Indemnify an Insured Is speeiflcally listed as an additlonal additional Insured under this endorsement until we Insured on another endorsement attached to receive from the additlonal Insured when nollco this coverage Part, of a otalm or"eul#" C, 890TION IV—COMMERCIA4 GENERAL MASILITY 2. With respect only to the Insurance provided by this CON131TIONS Is amended as follows: endorsement,the first santanaa of Paragraph Cap i, The Dulloe In The DOM Of oaaurr 1100, of the tither Insurance Condltlon is deleted and Offanse, Claim or Sult condliton Is amended to replaced with the following., add the following additional condlllons applicable 4. bthorinsurance to tho addiliouat Insured., a, Primary insuranae An additlortat insured under this ondorsamertt tvlil This lnsuraitca is primary and non- contributory except as praotloahla, contributory except wizen rendered (1) Give us written notice of an "occurrence" or excess by endorsement 0-140331-C, or an otfenae which may result In a cfalm or when Paragraph b.below appllas, "sule'under this Insurance, and of any claim D. Only for the purpose of the Insurance provided by Us yr"suit"that Baas re suit; ondorsetnent, SECTION Y — DEFINITIONS Is (2) Roopt as provided in paragraph S,3 of oils Ammndod to add Use following dofinition, endorsement, agras to make available any °Written cantraot" means a written canlraet or tvrlttan other Insurance the additional this Co insured has for agrooment that regtlires you to make a person or a toss wa cover under Utls coverage tart; organizatton an additional Insured on this Cavorago (3) Send its copina of all legal papers racclved, Pert,provided the contract or agreement; and otherwise cooperate with us In the i, is currently lit effect or becomes effective during InvesligRtlon, defense, or seliloment of the the term fly In poifoy;and claim or"surf';and (4) Tender the defense and indemnity of any 2. Was executed prior to; claim ar "stilt' to any other Insurer or self a, The"bodily Injury"or°property damage";or Insurer whoso policy or program applies to a loss we cover under this Coverage Part, But h The offense that odnsad the upersonal and If the'Wd(ten contract"requires this Insurance adverilsing tnjuty' to be primary and non-contributory, this for whlah the additional Insured sesks covewoo provision (Q) does not apply to Insurance on under this Coverage Part, which the additional insured is a ranted Insured. 0•i}p331-C Includes capydghlod malo&l of inswence semms owe,Inc.,with no parrf115.sioc) Page 2 of 2 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 'I to the Agreement dated April 5 2012 is made this day of , 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Caulfield & Wheeler, Inc., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 5, 2012 for one year, pursuant to Section VI "Agreement Period," which will extend the contract until April 5, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract and-may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors Consultant understands and a rees that in addition to all other remedies and copse uences provided by law, the failure of Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when re guested maV be deemed by the City to be a material breach of this Agreement 0 ustifying its termination. Y. Public Records: Consultant shall comply with all public records laws in accordance with Chapter 119 Fla. Stat. In accordance with state law, Consultant 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 Fla. Stat. or as otherwise provided by law. cl Ensure that Public records that are exempt or confidential and exempt from Public records disclosure are not disclosed except as authorized bv law. d Meet all requirements for retaining public records and transfer, at no cost to the City all records in ossession of the Consultant at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure re uirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the,Citv. All records shall be transferred to the City rior to final payment t being made to the Consultant. e If Consultant 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. 4. All other terms and conditions of the Agreement of April 5, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. 2 IN WITNESS V4'.HEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: CITY OF D BEACH, FLORIDA_. By ` By. City Clerk a Glickstein, Mayor Approved as to legal sufficiency and fo B V F P,City Attorney, WITNESSES: CAULFIELD HEE INC.., INC. � .. & By: v Print Name: 4/oaf)8'?e v-.._ David P. Lindley, Vice President Print Name ,. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of April 2014 by David P. Lindley .16 66 is personally known— 'cation. atary Public— State of Florida joanne L.Dorderian y , NOTARY PUBLIC sref OF FLORIDA Comm#I'E102195 E Expires 711812015 3 City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this y da of '� 20 b and y between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and Caulfield & Wheeler, Inc., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: 1. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City fiom time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. Tire form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man.-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and narne of project manager. Tire SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page I of 27 City of Delray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of (lie project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. if the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall,without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 27 City of Delray Beach Land Surveying Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery,presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products,polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates David P. Lindley OR Jeffrey R. Wagner, as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations,the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining fi•om others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. Tire CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project, I. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS, C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract, Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B, The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT Page 4 of 27 City of Delray Beach Land Surveying Consulting Services as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount, Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation, The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. 2. METHOD II- TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Computation: of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. Page 5 of 27 City of Delray Beach Land Surveying Consulting Services a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for 'securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (d) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work, C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost Page 6 of 27 City of Delray Beach Land Surveying Consulting Services reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only, B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. Page 7 of 27 City of Delray Beach Land Surveying Consulting Services C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense,provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws, A.Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT, f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers'Non-Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Page 8 of 27 City of Delray Beach Land Surveying Consulting Services Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be narned as ail additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. G. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction, the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising frorn this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Delray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and . all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY,will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 1. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 10 of 27 City of Delray Beach Land Surveying Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT Caulfield & Wheeler, Inc. 7301A W. Palmetto Park Road Suite 100A Boca Raton:, FL 33 +33 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Page l l of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal OppoAgnity EmploMent: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. nt Fees:g Against Contingent P. Prohibition „ _ . The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty(30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically Page 12 of 27 City of Defray Beach Land Surveying Consulting Services those referenced in paragraph IX.A. Further,prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees fiom and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended fi•om time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction, Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County, V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Delray Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CITY DELRA 4- ORIDA By. MAYOR ATTEST: City Clerk Approved as to Fotrn: CITY Attorney CONSULTANT; Ca dJ&Wheeler, Inc. By: Wit s David P. Lindley, PLS Joatirle �l- brs Title: Vice President Name Printed Wit ess Name Printed Page 15 of 27 City of Delray Beach Land Surveying Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME,the foregoing instrument, this day of January, 2012,was acknowledged by David P. Lindle Vice President, on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. I WITNESS my hand and seal in the County and State aforesaid this JfL day of January, 2012. Lary Public (SEAL) My Commission Expires: Joanna L.Denlerlan NOTARY PUBLIC STATE OF FLORIDA Comm#EE102195 Expires 7118/2015 ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared ' known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200 . Notary Public My Commission Expires: Page 16 of 27 City of Delray Beach Land Surveying Consulting Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public _..._. My Commission Expires: Page 17 of 27 City of Delray Beach Land Surveying Consulting Senices EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE; CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO, TITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 City of Delray Beach Land Surveying Consulting Services Approved by: CITY OF DELRAY BEACH: CONSULTANT; Date Date By: Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME, the foregoing instrument, this day of , 201_, was acknowledged by on behalf of the Corporation , and said person executed the same fiee and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 201 Notary Public State of Florida My Commission Expires: Page 19 of 27 City of Delray Beach Land Surveying Consulting Smices LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference:Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the SulVey. Street From `o The survey should include the following: 1. Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way as well as the front two corners of the building on each lot. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Coordination with City of Delray Beach's Water and Sewer network at (561) 243-7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200+00 for SE 2"d Ave, 300+00 for SE 3rd Ave, 800+00 for SE 81h Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08"_@ V=20' this would be 1.6' high letters L100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only, Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes, Using this DIMARROW block they can be rescaled all at the same time without moving from their original insertion points. Page 22 of 27 City of Delray Beach Land Surveying Consulting Services PLACEMENT OF LEADER LINES THIS IS A TEST TF6 1S A TEST \-THIS 15 A TEST THIS IS A TF51 OF A FOUR LINE OF A FOUR LINE CF A FOUR LINE OF A FOUR LINE ROTE FOR LEADER NOTE FOR LEADER. NOTE FOR LEADER NOTE FOR LEADER {lEMONSTRATION DEMONSTRATION DWONSTRATION DEVONISTRATION WRON C RICH � DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre-CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates With Overhead Factor Employer Category Professionals— (Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc.) Professional Land Surveyors - 2 @$135.00/Hour Professional Engineers— 2 @$13 5.00/Hour Landscape Architect— 1 @$125.00/Hour Technicians— (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) CADD Operators---4 @$85.00/Hour Surveyors— 13: Field Survey Crew @$125.00/Hour GPS Survey Crew @$165.00/11our Laser Scanning Survey Crew @ $200.00/Hour Robotic Survey Crew @ $140,00/Hour Inspector— 1 @ $70.00/Hour Office Support Administrative Staff—4 @ $75.00/Hom Page 24 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C CONSULTING SERVICES INVOICE FORMAT B 11 To. City of Delray Beach Invoice fl 434 S.Swinton Ave. Delray Beach, FL 33444 Invoice Date: Service Auth,# emit To: T City Purchase Order# City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph(description of Services Provided): - Insert Status Summary/Description of Services LABOR Class Name Rate Hours Amount Principal $0.00 Sr. Engineer $0.00 Engineer $0,00 Cadd Designer $0.00 Sr.Engineering Tech $0.00 Sr. Inspector $0.00 Clerical $0.00 Subtotal Labor $0.00 SUBCONSULTANTS (Must attach copies of backup invoices) Amount Insert Name of Subconsultant $0.00 Insert Name of Subconsultant $0.00 Subtotal Subconsultants $0.00 f2EIMBURSABLE/OUT-OF-POCKET EXPENSES (Must attach copies of backup) Amount Postage $0.00 Printing $0.00 Subtotal Expenses $0.00 TOTAL AMOUNT DUE THIS INVOICE: $0.00 Page I of 3 Page 25 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 2) 0111 To- City of Delray Beach Invoice# 434 S,Swinton Ave. Delray Beach,FL 33444 Invoice Date: Service Auth.ii RCMit To: City Purchase Order 1) City Project Number; City Project Title: For Professional Services for Period Ending: COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Phase or Task Description Amount Phase I or Task I (insert Description of Phase orTask) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase li or Task 2 (insert Description of Phase or Task) Contract Amount $0,00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase III or Task 3 (insert Description of Phase or Task) Contract Amount $0,00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (insert Description of Phase or Task) Contract Amount $0,00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page 2 of 3 Page 26 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 3) Bill Tot City of Delray Beach Invoice# 434 S.Swinton Ave, Delray Beach,FL 33444 Invoice note: Service Auth.# f3ernit To: City Purchase Order d City Project Number: City Project Title: For Professional Services for Period Ending: Phase or ' k N mbe Phase orTasl<Desr.,rlution Amount Phase VI or Task& (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0,00 Phase VIf or Task 7 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0,00 Amount Previously Earned $0,00 Amount Remaining $0.00 Phase Vill or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS Total Contract Amount $0.Q0 Total Amount Earned This Period $0,00 Total Amount Previously Earned $0,00 Total Amount Remaining $0,00 Page 3 of 3 Page 27 of 27 OP ID: M5 DATE(MMIDDlYYYY) CERTIFICATE OF LIABILITY INSURANCE 03123/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ACT PRODUCER 561-622-2550 cNAME: Celedinas Insurance Group-PBG 561-727-0640 Ph o> ac No 4283 Northlake Blvd. E-MAIL Palm Beach Gardens, FL 33410 ADDRESS: William Hamilton PROOUCFR CAtJLF-1 CUS OM ER,,,: INSURERS AFFORDING COVERAGE NAIC# INSURED Caulfield&Wheeler Inc INSURERA:Hanover Insurance Group 22292 7301A West Palmetto Park Road INSURER B:Admiral Insurance Company 24856 Boca Raton,FL 33433-3458 INSURER C: INSURERD: INSURER F: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lldSR TYPE OFINSURANCE ADDLSUB j pOLICYNUMBER 1AMI[3CD EFF MO--pYEXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X ZZJ7909493 04102111 04/02112 PREMISES Eaoccwence S 500,000 CLAIMS-MADE I I OCCUR MED FXP(Any one person) S 10,00 X WalverorSubro. PERSONAL&ADV INJURY S 1,000,00 GENERALAGGREGATE $ 2,000,00 GEULAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ Included POLICY X PR LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00C A X ANY AUTO ALZJ7921025 04102111 04102112 (Eeaca BODILY INJURY(Perperson) & ALLOWNEDAUTOS BODILY INJURY(Per accldenl) $ SCHEDULEDAUTOS PROPERTY DAMAGE $ X HfREDAUTOS (Peraccidenl) X NO kOWNEDAUTOS $ S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00 A UHJ7921028 04102111 04102112 DEDUCTIBLE $ RETENTION $ $ O WORKERS COMPENSATION WCY LIAM FS ER AND EM PLOYERS'LIABILITY ANYPROPRIETORIPARTNER[EXECUTIVEYIN NIA E.LEACHACCIDEW $ OFFICERIM EMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S U yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Property KZJ7909493 04/02/11 04/02/12 Building 9011,001 B Professional Llab JEOD0001668801 04/16111 04/16112 Prof Liab 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD let,Additional Remarks Schedule,'rr more space Is required) Project: 2012 Surveying Consultant Agreement Projects The City of Delray Beach is listed as addtional insured in regards to the general liability and commercial automobile policies. CERTIFICATE HOLDER CANCELLATION DELRAYB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW First Ave Delray Beach,FL 33444 AUTHORIZEDREPRESENTATiVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD OP ID: M5 DATE tMMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 03123,12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol(cy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 561-622-2550 NAME CT Coledinas Insurance Group-PBG 551-721-0540 aric° o Ext: aAX No: 4283 Northlake Blvd. Palm Beach Gardens,FL 33410 F-MAIL ADDRESS: William Hamilton PRODUCER CAULF-1 CUS-OM ER ID#: INSURERS AFFORDING COVERAGE NAIL# INSURED Caulfield&Wheeler Inc INSURERA:Hanover Insurance Group 22292 7301A West Palmetto Park Road INSURERS:Admiral insurance company 24856 Boca Raton, FL 33433-3458 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE AO{)L SUB POLICY NUMBER MM16DY EFF IPAMlLCI7DIY 1'P'( LIMITS GENERAL LIABILITY EACHOCCURRENCE 5 1,000,00 A X COMMERCIAL GENERAL LIRBILIiY X ZZJ7909493 04102112 04102113 PREMISES Ea owx�ce $ 500,00 CLAIMS MADE �OCCUR MED EJ(P(Any one person) $ 10,00 X We€verofSubro. PERSONAL&ADV INJURY S 1,000,00 GENERAL AGGREGATE $ 2,000,00 GO&AGGREGATE LIMIT APPLIES PEP PRODWTS-00,MPIOPAGG S Includecl POLICY X JE LOC $ AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO J 7921025 04102/12 04102113 (Ea accident) BODILY INJURY(Perperson) $ ALLOWNEDAUTOS BODILY INJURY(Per accldent) $ SCHEDU EDAUTOS PROPERTYDAMAGE X HIREDAUTOS (Peraccident) $ X NON-OWNEDAUros $ 5 X UMBRELLALIAB X OCCUR FACHOCCURRENCE 5 5,000,00 EXCESS LIAB CLKMS4MA€3E AGGREGATE $ 5,000,000' A UHJ7921028 a4102112 04/02113 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YEN TORY LI ITS ER ANY PROPRIETOMPARTN'ERIFXECUTIVE E.L EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ If yes describe under DES6RIPTION0FOPERAT10NSbelcN £.LIXSFASE-PONCYUMIT $ A Property J7909493 04/02112 04/02/13 Building 300,004 B Professional Liab E000001668801 04118112 04116113 Prof Liab 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORO 101,AddItional Remarks Schedule,if more space Is required] Project: 2012 Surveying Consultant Agreement Projects The City of Delray Beach is listed as addtional insured in regards to the general liability and commercial automobile policies, CERTIFICATE HOLDER CANCELLATION DELRAYB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW First Ave Delray Beach, FL 33444 AUTHOR€ZEDREPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD DATE(A1 hi!©DIYYYY) CERTIFICATE OF LIABILITY INSURANCE 03101112 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services,Inc of Florida R;sk Services,Inc of Florida NAME: FAX 1001 1,FL 33 Bay Drive,Suite#1100 AICNNo Ext:800-743-8136 AIC Na:800-522-7514 Miart�,FL 33431 4937 EMAIL ADDRESS: AL)P.Col.Center@_Aon.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: ILirwls National Insurance Co 23817 INSURED INSURER B: ADP TotalSource CO XXIII,Inc 10200 Sunset D v INSURER C: - Karn,FL 33173 ALTERNATE EMPLOYER INSURER D Caulfield&Wheeler Inc INSURER E: 7301-A W.Paimetto Park Rd Sdta 100-A Bow Raton,FL 33433 INSURER F: COVERAGES CERTIFICATE NUMBER:402207 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LIMITS SHOWN ARE AS REQUESTED. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDD MwD GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PRE E SE8(Eaoccu ence 5 CMMS-MADE D OCCUR MEDFXP An one son 5 PERSONAL&ADV INJURY 5 GENERAL-AGGREGATE S GENL AGGREGATE LIMIT APPLI ES PER: PRODUCTS-COMPIOP AGG POLICY EIP ROJECT LOC AUTOMOBILE LIABILITY EspaccldeentSINGLE LIMIT $ ANYAUTO BODILY INJURY Per emon 5 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per aocident S NON-CWNED PRDPERTY UAIIAUft KRED AUTOS AUTOS Per accident)S 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEC RETENTIONS WORKERS COMPENSATION X WCSTATU 0R A AND EMPLOYERS'LIABILITY YIN WC 032437068 FL 07101/11 071€11112 OR UPAITS FR ANY ROPRIETORIPARTNERIEXECUTIVE E.LEACHACCIDENT $ 2,000,000 OFFICERIM EMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 2,000,000 If)re,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIM7 $ 2,000,000 AESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 901,Additional Remarks Schedule,if more space Is required) AN worksite employees working for the above named dent company,paid underADP TOTALSOURCE,INC.'s payrol,are covered under the above staled policy-The above named client is an aklemate emptoyer under this poEicy. CERTIFICATE HOLDER CANCELLATION City of Delray Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Big Grieve THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN IDOMN1stAvenue ACCORDANCE WITH THE POLICY PROVISIONS. 3444 Delray Beach,FL 3 AUTHORIZ110 REPRESENTATIVE ��yjf ©1988--2010 ACORD CORPORATION.All rights reserved. ACORD 26(2010105) The ACORD name and Ingo are registered marks of ACORD The anover Insurance Group. Florida Branch The following is our position on the commonly requested coverages: Primary&Non-Contributory --our position/understanding&interpretation is both primary &specifically "non-contributory"is built into the basic coverage form. While the form does not specifically state "non- contributory"per say, it implies it.Therefore, again it is our interpretation,it is built into the basic form&you can feel free to show it on you COI. Blanket Additional Insured - the additional insured is afforded as indicated in the Summary of Coverages, item#1 of our Commercial General Liability Special Broadening Endorsement(refer to the attached). This includes completed operations. Blanket Waiver of Subrogation GL-if our insured has waived their right of subrogation in a contract,the policy does not have to be endorsed for this to be upheld. If the contract rewires proof through an endorsement or the insured specifically requests the endorsement,we are comfortable adding on CG2404 to our GL policy, since this endorsement acts only as an acknowledgment of the waiver, While we do not say "blanket" additional insured or "blanket" waiver of subrogation,we aro providing the coverage per indicated above. MR Y:\TroAftdud tine lnfa\package Propert Blanket Waiver of Subrogation AUTO -Condition S of the Commercial Auto Coverage Form concerns the Transfer of Rights of Recovery Against Others to Us. This condition does not come right out and say that the insured can waive our right of subrogation but it infers that this is allowed, The condition states that the insured "must do nothing after the accident or loss to impair our right". So if the insured does something prior to the loss to waive those rights they are most likely waived, Blanket Additional Insured--AUTO—CA00 0103 Ob describes this coverage under SECTION II Liability Coverage 1 c. Who is An Insured—Anyone liable for the conduct of an"insured" described but only to the extent of that liability Cross Liability and Severability of Interest- the Auto policy does include a dross liability and severability of interest clause under the definition of"insured". Here's the definition: "Insured".Weans any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or"suit" is brought: This is very similar to how the COL operates. igh rn2108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1, Additional Insured by Contract,Agreement or Permit Included 2. Additional Insured-Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included B. Broad Form Property Damage-Borrowed Equipment, Customers Goods& Included Use of Elevators 7. Extended Property Damage Included 8, Incidental Malpractice(Employed nurses, EMT's& paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause included 11. Medical Payments- Increased Limit $ 10,000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations-Covered until end or policy period Included 14. Non-owned Watercraft 51 ft. 15. Personal injury-Broad Form Included 16. Product Recall Expense -Each Occurrence Limit $ 25,000 -Aggregate Limit $ 50,000 17. Property Damage Legal Liability(Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18, Supplementary Payments Increased Limits -Ball Bonds $ 2,500 -Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher i1mits and broader coverage grants, 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy. Perri it This insurance applies on a primary basis if Under Section II -Who Is An insured, Paragraph 3. that is required by the written contract,written Is added as follows: agreement or permit. 5,a. Any person or organization with whom you b. This provision does not apply: agreed, because of a written contract, written (1) Unless the written contract or written agreement or permit to provide insurance, Is agreement has been executed or permit an insured, but only with respect to: has been issued prior to the"bodily Injury", (1) "Your work" for the additional insured(s) "property damage", "personal injury" or at the location designated in the contract, "advertising injury". agreement or permit;or Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc- 199@ 429-0080 (01103) Page 1 of 6 I II (2) To any person or organization included as .. •(4) Repackaging;unless unpacked--solely for an Insured by an endorsement issued by the.purpose of inspection, demonstration, us and made part of this Coverage Part, testing, or the substitution of parts under (3) To any person or organization included instruction from the manufacturer, and as an insured under item 2 of this then repackaged in the original container; endorsement. (5) Any failure to make such inspection, ad- (4) To any lessor of equipment: justments, tests or servicing as the vendor has agreed to make or normally (a) After the equipment lease expires; or undertakes to make in the usual course (b) If the "bodily injury°, "property dam- of business in connection with the sale of age", "personal.Injury" or"advertising the product; injury" arises out of sole negligence (6) Demonstration, installation, servicing or of the lessor. repair operations, except such operations (5) To any; performed at the vendor's premises In (a) Owners or other interests from whom connection with the sale of the product; land has been leased which takes (7) Products which, after distribution or sale place after the lease for the land ex- by you, have been labeled or relabeled or pires; or used as a container, part or Ingredient of (b) Managers or lessors of premises if: any thing or substance by or for the vendor. (1) The occurrence takes place after c. This insurance does not apply to any insured you cease to be a tenant In that premises; or person or organization, from whom you have acquired such products, or any Ingredient, „ (ti) The bodily injury', property part or container; entering into, accompany- damage", "personal injury" or ing or captaining such products. "advertising injury" arises out of structural alterations, new con- 3. Aggregate Limit Per Location struction or demolition operations performed by qr on behalf of the (1) Under Section 111 - Limits of Insurance the manager or lessor. General Aggregate Limit applies separately to each of your "locations" owned by or rented to 2. Additional Insured-Broad Farm Vendors you. Under Section tl -Who is An Insured, Paragraph 6. (2) Under Section V - Definitions, definition 23. is is added as follows: added as follows: 6. a. Any person or organization with whom you 22. "Location" means promises involving the agreed, because of a written contract or same or connecting lots, or premises whose written agreement to provide insurance, but connection is interrupted only by a street, only with respect to"bodily injury"or"property roadway, waterway or right-of-way of a rail- damage� arising out of"your products"which road. are distributed or sold in the regular course of the vendor's business, subject to the 4. Alienated Premises following additional exclusions: Under Section I - Coverage A, paragraph 2. Exclu- b. The Insurance afforded the vendor does not sions, j. (2) is replaced in its entirety with the apply to: following: (1) "Bodily injury" or "property damage" for (2) Premises you sell, give away or abandon, If the which the vendor is obligated to pay dam- "property damage" arises out of any part of those ages by reasons of the assumption of li- premises and occurred from hazards that were ability in a contract or agreement. This known by you, or should have reasonably been exclusion does not apply to liability for known by you, at the time the property was damages that the insured would have in transferred or abandoned, the absence of the contract or agreement; (2) Any express warranty unauthorized by 5. Bodily Injury Redefined you; Under Section V - Definitions, definition 3. "bodily (3) Any physical or chemical change in the injury"is replaced in its entirety with the following: product made intentionally by the vendor; Includes copyrighted material of Insurance Services Office Inc. with its permission. P Copyright, Insurance Service Office, Inc. 1998 421-0080 (01103) page 2 of 6 3. "Bodily injury' means bodily injury, sickness or 9. Knowiedge of 0ccurronco;- disease sustained by a person. This includes Under Section iV.- Commercial General Liability mental anguish, mental Injury, shock, fright or Conditions, Condition 2 - Duties in the Event of death resulting from bodily injury', sickness or Occurrence, Offense,Claire or Suit, paragraph e,is disease, added as follows: 6. Broad Form Property Damage - Borrowed e. Notice of an "occurrence", offense, claim or"suit" Equipment,Customers Goods, Use of Elevators will be considered knowledge of the insured if reported to an individual named insured, partner, (1) Under Section I - Coverage A, paragraph 2. executive officer or an "employee" designated by Exclusion J. is amended as follows: you to give us such a notice. Paragraph (4) does not apply to "property dam- age" to borrowed equipment while at a jobsite 10. Liberalization Clause and not being used to perform operations. Under Section IV-Commercial General Liability Paragraphs (3), (4) and (6) do not apply to Conditions,condition 10, is added as follows: "property damage"to"customers goods"while on 10, Liberalization Clause your premises nor do they apply to the use of elevators at premises you own, rent, lease or if we adopt any revision that would broaden the occupy, coverage under this Coverage Form without (2) Under Section V - Definitions,.definition 24. is additional premium, w€thln 45 days prior to or added as follows: during the policy period, the broadened coverage will immediately apply to this 23. "Customers goods" means property of your Coverage Part. customer on your premises for the purpose of being: 11. Medical Payments-Increased Limits a. worked on;or (1) Under Section I - Coverage C, paragraph a. b. used in your manufacturing process. (2)is replaced In its entirety by the following: (3) The insurance afforded under this provision Is (2) The expenses are incurred and reported to excess over any other valid and collectible prop- us within three years of the date of the erty insurance (including deductible) available to accident; and the insured whether primary, excess, contingent (2) Under Section Ill - Limits of Insurance, or on any other basis. paragraph 7. is replaced in its entirety by the following: 7, Extended Property Damage 7. Subject to fi. above! the higher of. Under Section I - Coverage A, paragraph 2. e, $id coil;or Exclusions, Exclusion a. is replaced in Its entirety with the following: b. The amount shown In the Declarations a. "Bodily injury" or "property damage" expected or for Medical Expense Limit is the most intended from the standpoint of the insured. This we will pay under Coverage C for all exclusion does not apply to bodily Injury" or medical expenses because of bodily "property damage" resulting from the use of injury sustained by one person. reasonable force to protect persons or property. (3) This coverage does not apply if Coverage C - Medical Payments Is excluded either by the 8. Incidental Malpractice - Employed Nurses, EMT''s provisions of the Coverage Part or by and Paramedics endorsement. Under Section ll - Who Is An Insured, paragraph 12 Mobile Equipment Redefined 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if Under Section V - Definitions, definition 12, you are not engaged in the business or occupation of Mobile Equipment, paragraph f.(1)(a)(15)(c) does providing medical, paramedical, surgical, dental, x-ray not apply to self-propelled vehicles of less than or nursing services. 1,004 pounds gross vehicle weight. 13. Newly Acquired Or Formed Organizations Under Section it - Who Is An Insured, paragraph 4.a.is replaced in its entirety by the following. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 a21-80$(3 (Q1fo3) Page 3 of 6 a. Coverage under this provision is afforded only ..-repair,-replacement,::.adjustment,.-removal until the end of the policy period. -or disposal of.:.: (1) "Yourproduct'; " 14. Non-Owrted Watercraft (2) "Your work";or Under Section I - Coverage A, paragraph 2 Exclusions, g.(2) is replaced in Its entirety by the (3) "Impaired property'; following: if such ' product, work, or property is (2) A watercraft you do not own that is: withdrawn or recalled from the market or (a) Less than 51 feet long; and from use by any person or organization because of a' known or suspected defect, (b) Not being used to carry persons or deficiency, Inadequacy or dangerous property for a charge; condition in it, but this exclusion does not This provision applies to any person, who apply to "product recall expenses" that you with your consent, either uses or is incur for the "covered recall" of "your responsible for the use of a watercraft. product". The exception to the exclusion does not apply to"Product recall expenses" 15. Personal Injury-Broad Form resulting from: (1) Under Section t - Coverage B, paragraph 2,e. (1) Failure of any products to accomplish is deleted in its entirety. their intended purpose; (2) Under Section V - Definitions, deflnitlon 14, (2) Breach of warranties of fitness, quality, paragraph b. is replaced in its entirety by the durability or performance; following: (3) Loss of customer approval, or any cost b. Malicious prosecution or abuse of process. incurred to regain customer approval; (3) Under Section V - Definitions, definition 14, (4) Redistribution or replacement of "your paragraph h.is added as follows: product" which has been recalled by h. Discrimination or humiliation (unless like products or substitutes; insurance thereof is prohibited by law) that (5) Caprice or whim of the Insured; results In injury to the feelings or reputation (8) A condition likely to cause loss of which of a natural person, but only if such any insured knew or had reason to discrimination or humiliation is: know at the inception of this Insurance; (1) Not done intentionally by or at the (7) Asbestos, including loss, damage or direction of: clean up resulting from asbestos or (a) The insured; asbestos containing materials; (b) Any officer of the corporation,- (8) Recall of "your products" that have no director, stockholder, partner or known or suspected defect solely member of the insured; and because a known or suspected defect (2) Not directly or indirectly related to an in another of"your products" has been "employee", not to the employment, found. prospective employment or termination (3) Under Section 11 - Who Is An Insured, of any person or persons by an paragraph 4.d. is added as follows: insured. d. Coverage A does not apply to "product (4) This coverage does not apply If Coverage B - recall expense" arising out of any Personal and Advertising Injury Liability is withdrawal or recall that occurred before excluded either by the provisions of the you acquired or formed the organization. Coverage Part of by endorsement, (3) Under Section 111 - Limits of Insurance, paragraph 8.is added as follows. 1B. Product Recall Expense 8. The Limits of Insurance and rules stated (1) Under Section I - Coverage A, paragraph 2 below fix the most we will pay under this Exclusions, n. is replaced In its entirety by the coverage part. following: (1) The Aggregate Limit is the most we will n. Recall of Products, Work or Impaired reimburse you for the sum of all"product Property recall expenses"Incurred for all"product Damages claimed for any loss, cost or recall expenses"initiated during the policy expense incurred by you or others for the period. loss of use,withdrawal, recall, inspection, Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright,Insurance Service office, Inc. 1995 A�21-QtlBQ (Q11Q3) Page 4 of 6 (2) The Each Occurrence Limit shown In the == F such products-ara:4ree.,from defects Summary of Coverages Declaration is the that could be a cause of loss under this most we will pay in connection with any one Insurance. defect or deficiency. (S) Under Section V - Definitions, the following (a) All"product recall expenses"in definitions are added: connection with substantially the same 25. "Covered recall," means a recall made general harmful condition will be necessary because you or a government deemed to arise out of the same defect body has determined that a known or or deficiency and considered one suspected defect, deficiency, inadequacy, occurrence. or dangerous condition In "your product" (b) Any amount reimbursed for"product has resulted or will result In "bodily Injury" recall expenses"In connection with any or"property damage". one occurrence will reduce the amount 26, "Product recall expense"means: of the Aggregate Limit available for a. Necessary and reasonable expenses reimbursement of'product recall for expenses"In connection with any other defect or deficiency. (1) Communications, including radio or (c) if the Aggregate Limit has been television announcements or printed advertisements Including reduced by reimbursement of'product stationery, envelopes and postage; recall expenses"to an amount that Is less than the Each Occurrence Limit, (2) Shipping the recalled products the remaining Aggregate Limit is the from any purchaser, distributor or most that will be available for user to the place or places reimbursement of product recall designated by you; expenses" in connection with any other (3) Remuneration paid to your regular defect or deficiency. "employees" for necessary over- The Limits of Insurance of Product Recall time; Expense apply separately to each (4) Hiring additional persons, other consecutive annual period and to any than your regular"employees"; remaining period of less than 12 months, (S) Expenses incurred by "employees" starting with the beginning of the policy Including transportation and ac- period shown in the Declarations, unless commodations; the policy period is extended after issuance (B) Expenses to rent additional ware- for an additional period of less than 12 house or storage space, months. In that case, the additional period will be deemed part of the last preceding (7) Disposal of"your product", but only period for the purposes of determining the to the extent that specific methods Limits of Insurance. of destruction other than those (3) A Deductible of $500 applies for Each employed for trash discarding or Occurrence, disposal are required to avoid "bodily injury"or'property damage" (4) Under Section IV - Commercial General as a result of such disposal; Liability Conditions, Condition 2 - Dutles in You incur exclusively for the purpose of the went of occurrence, Offense, Claim or recalling"your product"; and Suit,paragraph f.Is added as follows: f You must see to it that the following are b• Your lost profit resulting from such done in the event of an actual or °covered recall". anticipated "covered recall" that may result in "product recall expense": 17, Property Damage Legal Liability (Fire, (1) Give us prompt notice of any discovery Lightning, Explosion, Smoke or Leakage from or notification that 'your product" must Fire Protective Systems Damage) be withdrawn or recalled. Include a (1) The word fire is changed to fire, lightning, description of "your product" and the explosion,smoke and leakage from fire pro- reason for the withdrawat or recall; tective systems where it appears in the Limits of Insurance section of the Declarations for the (2) Cease any further release, shipment, Commercial General Liability Coverage Part. consignment or any other method of distribution of like or similar products until it has been determined that all Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, insurance Service Office, Inc. 1998 421.0080 ((11103) Page 5 of 6 (2) Under Section I - Coverage A, the last pairs- 18:.'-Supplementary Payments-lncreased:LimIts% graph (alter the exclusions) is replaced in Its Under Section l Su le entirety by the following: O moi>fary 'Payments, Coverages A and B, paragraphs 1.b. and 14 are Exclusions c. through n. do not apply to dam- replaced in their entirety as follows: age by fire, lightning, explosion, smoke or leak- 1.b. Up to $2,500 for cost of bail bonds required age from fire protective systems to premises while rented to you or temporarily occupied by because of accidents or traffic law violations arising out of E you with the permission of the owner. A sepa- the use of any vehicle to which rate limit of insurance applies to this coverage the Bodily not Injury Liability Coverage applies. n as described in LIMITS OF INSURANCE(SEC- TION these ill). This limit will apply to all damage 1.d. All reasonable expenses incurred by the proximately caused by the same event,whether Insured at our request to assist us in the such damage results from fire, lightning, ex- investigation or defense of the claim or"suit", Plosion, smoke or leakage from fire protective including actual loss of earnings up to $300 a systems or any combination of the five, day because of time off from work. (3) Under Section ill-Limits Of Insurance, para- graph 6. is replaced in Its entirety by the follow- 19. Unintentional Failure to Disclose Hazards Ing: Under Section IV - Commercial General Liability 6. Subject to 5.above, the higher of: Conditions, Condition 6. - Representations, a. $500,000;or paragraph d,is added as follows: b. The Fire, Lightning, Explosion, Smoke d. We will not disclaim coverage under this or Leakage from Fire Protective Sys- Coverage Part if you fall to disclose all hazards tems Damage Limit shown in the Dec- existing as of the inception date of the policy larations is the most we will pay under provided such failure is not intentional. Coverage A for damages because of "property damage" from fire, lightning, 20. Unintentional Failure to Notify explosion, smoke and leakage from fire Under Section IV- Commercial General Liability protective systems to premises, while Conditions, Condition 2. • Duties in the Event of recited to you or temporarily occupied Occurrence, Offense,Claim or Suit, paragraph g. by you with permission of the owner, is added as follows: (4) Linder Section IV - Commercial General f. Your rights afforded under this policy shall not Liability Conditions, Condition 4, other be prejudiced if you fail to give us notice of an Insurance, paragraph h.(2) is replaced by the 'occurrence", offense, claim or"suit", solely due following: to your reasonable and documented belief that b.(2) That is fire, lightning, explosion, smoke the "bodily injury' or "property damage" is not or leakage from fire protective systems covered under this policy. insurance for premises rented to you or temporarily occupied by you with per- mission of the owner,or (5) Lender Section V - Definitions, definition 8. "Insured contract",a. Is replaced In its entirety by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease Of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire pro- tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". (6) This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Bart or by endorsement. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Service Office, Inc. 1998 421-0080 (01!03) Page 6 of 6 POLICY HOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined in Section 102(f) of the Act: You are hereby notified that under the Act, as amended in 2007, the definition of act of terrorism has changed, The term "act of terrorism" means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage Within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion, DISCLOSURE OF FEC]ERA LO SE5 L F'ARTICII='ATiQN IN PAYMENT OF TERRQRI M Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Act, as amended. Your policy, however, may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. DISCLOSURE OF 100 BILLION CAP The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such fosses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced, DISCLOSURE OF PREMIUM See disclosure of premium in the preceding pages in the quote letter. AMENDMENT NO, I TO AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AMENDMENT NO. 1 to the Agreement dated April 26. 2012 is made this day of , 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Dennis J. Leavy & Associates, Inc., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 26, 2012 for one year, pursuant to Section Vl "Agreement Period," which will extend the contract until April 26, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and _ Consultant or its subcontractor or consequences_prov� e v law, the of onsulta 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 iustifvina its termination. Y. Public Records: Consultant shall comply withall_public records laws in accordance with Chapter 119 Fla. Stat. In accordance with state law, Consultant a re rees 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 Fla. Stat.t. 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. q ' cost, to __Meet all uirements for retaining public records and transfer, at no co, the City all records in possession of the Consultant 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 t being made to the Consultant. e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 26, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA 2 Y Y City Clerk ,Z6ryWGlickstein, Mayor Approved as to legal sufficiency and form: By: ` City Attorney L 1. (:>� a WITNESSES: DENNIS J. LEAVY& ASSOCIATES, INC. ., INC. Pri t Name: Tara Leavy Print me: dary coe STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 78th day of Aril 2014, by David A. Bower , He/She i ersonally know to me or has produced (type of identification) as identification. otary Public— State of Florida SUSAN DIETZ MY COMMISSIi N#EE128b71 EXPIRES:Sepmber 08,2015 4D0-3-NOTARY Fi.Ncawy s n t Assoc.Co. 3 City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this day of" , 20_\Z_, by and between the CITY of Delray Beach, Florida, hereinafter referred to as CITY , and Dennis J. Leavy&Associates, Inc. hereinafter referred to as "CONSULTANT". VirITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: 1. DEFINITIONS, CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY`S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page 1 of 27 City of Delray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- rnent of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City,new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 27 City of Delray Beach Land Surveying Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery,presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates_David A. Bower , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities leaving jurisdiction over the project. I. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals frorn contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the Page 4 of 27 City of Delray Beach Land Surveying Consulting Services CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed, Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto,plus reimbursable expenses and other related costs. 2. METHOD 11- TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, Page 5 of 27 City of Delray Beach Land Surveying Consulting Services plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 1/o) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. Page 6 of 27 City of Delray Beach Land Surveying Consulting Services C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared, Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT Page 7 of 27 City of Delray Beach Land Surveying Consulting Services shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a forin no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers'Nan-Ownership Page 8 of 27 City of Delray Beach Land Surveying Consulting Services 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 -299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 -Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. G. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. I Page 9 of 27 City of Delray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firths pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 10 of 27 City of Delray Beach Land Surveying Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT Dennis J. Leavy&Associates, Inc. Attn: Mr. David A. Bower Vice President 460 Business Park Way, Suite B Royal Palm Beach, Florida 33411 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and cui7ent. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-cuirent wage rates and other factual unit costs. .Page 11 of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically Page 12 of 27 City of Delray Beach Land Surveying Consulting Services those referenced in paragraph IX.A. Further,prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP, Page 14 of 27 City of Delray Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CI Y OhDELRAY B C1 , RIDA 1 By. Iss AYOR ATTEST: City Clerk Approved as to Forth: E�-- CITY Attorney T CONSULTANT Dennis J. Lcayy&Associates Inc. By: — Witness Title:-David A. Bower, Vice President Name Printed � {Seal} y - Witness T Tara L. Leavy Name Printed Page 15 of 27 City of Delray Beach Land Surveying Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this day of —January , 2012, was acknowledged by David A. Bower , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this ' day of Janua , 2012. t Notar ublic y Commission Expires: f / f ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200 . Notary Public My Commission Expires: Page 16 of 27 City of Delray Beach Land Surveying Consulting Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires; I Page 17 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. TITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 City of Delray Beach Land Surveying Consulting Services Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME the foregoing instrument this day of 201 was acknowledged g g � Y � —� g by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 201 Notary Public State of Florida My Commission Expires: Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference:Typical Survey Requirements and Scope Dear; The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take fiom execution of a service authorization to delivery of the survey. Street From To The survey should include the following: 1. Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way as well as the front two corners of the building on each lot. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Coordination with City of Delray Beach's Water and Sewer network at (561) 243-7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200+00 for SE 2"d Ave, 300+00 for SE Td Ave, 800+00 for SE 8th Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Laud Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual tines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08"A 1"=20' this would be 1.6' high letters L100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note ; Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Laird Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be resealed all at the same time without moving from their original insertion points. Page 22 of 27 City of Delray Beach Land Surveying Consulting Services PLACEMENT OF LEADER LINES THIS €S A TEST -THIS IS A TEST THIS IS A TEST THIS IS A TEST OF A FOUR LINE OF A FOUR LINE OF A FOUR LINE CF A FOUR LINE NOTL. FOR LEADER NOTE FOR LEADER NOTE TOR LEADER NOTE FCR LEADER DEAIONSTRAIION DEYONSTRATION DEMONSTRA11O\ D`-YONS[RATIQN WRONG RIGHT DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre-CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 City of Delray Beach General Engineering Consulting Services EXHIBIT B Hourly Raw Hourly Salary Rate Raw Salary Times 2.80 Employer Category Rates Multiplier Professionals—Surveyors, Engineers, Architects,Planners,Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Principal Surveyor .................................$39.29/hr............................$110.01/hr. Project Surveyor.....................................$33.93/hr............................$95.00/hr. Technicians—Drafters, Graphic Artists, Computer, Field Crews, Cartographics, Construction Inspectors, etc. Survey Technician .................................$23.21/hr............................$64.99/hr. CADD Technician ................................ $23.21/hr. ...........................$64.99/hr. Three Man Field Crew...........................$42.86/hr............................$120.01/hr. Two Man Field Crew.............................$33.93/hr............................$95.00/lu'. Office Support Clerical/Admin.......................................$19.64/hr............................$54.99/hr. Page 26 of 30 City of Delray Beach Land Surveying Consulting Services EXHIBIT C CONSULTING SERVICES INVOICE F[}FiMAT Sill To-. City of Delray Beach Invoice fJ 434 S.Swinton Ave. Delray Beach, FL 33444 invoice Date: Service Auth.It Remit To; City Purchase Order If City Project Number: City Project Title; For Professional Services for Period Ending: Project Status Summary Paragraph(Description of Services Provided): Insert Status Summary/Description of Services LABOR Class Name Rate Hours -Mount Principal $0.00 Sr.Engineer $0.00 Engineer $0.00 Cadd Designer $0.00 Sr. Engineering Tech $0.00 Sr. Inspector $0.00 Clerical $O.00 Subtotal Labor $0.00 SUBCONSULTANTS (Must attach copies of backup Invoices) Amount Insert Name of Subconsultant $0.00 Insert Name of Subconsultant $040 Subtotal Subconsultants $0.00 REIMBURSADLE/OUT-OF-POCKS EXPENSE (Must attach copies of backup) Aniount Postage $0.00 Printing $0.00 Subtotal Expenses $0,00 TOTAL AMOUNT DUE THIS INVOICE: $0.00 Page 1 of 3 Page 25 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 2) 8111 To; City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,FL 33444 Invoice Date: Service Auth.t! ` Rem1o, City Purchase Order!! City Project Number: City Project'Title: For Professional Services for Period Ending: COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Phase or Task Description, Amoun t Phase I or Task I (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0,00 Amount Remaining $0.00 Phase II or Task 2 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase III or Task 3 (insert Description of Phase or"Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page 2 of 3 Page 26 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 3) Bill To: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,FL 33444 Invoice Date; Service Auth.It Remit To: City Purchase Order it City Project Number: City Project Title: For Professional Services for Period Ending: Phpsp,52r]*;ask Number Phase or Task Description Amoun Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VII or Task 7 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase Vlli or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0,00 Amount Previously Earned $0.00 AEnount Remaining $0.00 TOTAL.CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remalning $0.00 Page 3 of 3 Page 27 of 27 qq DENNJLE-01 ZGONZALEZ PATE(M MrDDrYYYY) CERTIFICATE OF LIABILITY INSURANCE 4!6!2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Zoraida Gonzalez Collinsworth,After,Fowler&French,LLC Pte° a Ext:(30$�822.7800 !(ZC No):(305)362-2443 8000 Governors Square Blvd EMAIL Suite 301 ADDRESS:zgonzalez @caffllc.com Miami Lakes,FL 33016 INSURERS)AFFORDING COVERAGE NAIC 1I INSURER A:Hartford Ins Co of the SE INSURED INSURER B:Travelers Casualty&Surety Dennis J. Leavy&Associates INSURER C:Everest National Insurance Co Suite B INSURER D: Royal Palm Beach,FL 33411 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DD 5 e POLICY EFF POLICY EXP LTR I S UfVD POLICY NUMBER MM!Dn MM1DO LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 21SBMRQ7537 519/2011 5/912012 PREMISES Ea occurrence $ 1,000,090 CLAWS-MADE �OCCUR Wil EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEMLAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG $ 2,000,000 POLICY X J�a LOC 3 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)S ANY AUTO BODILY INJURY(Per person) 3 ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS NON-OWNED PAbP RTY DAMAGE S HIRED AUTOS AUTOS 5 X UMBRELLALIAB X OCCUR EACHOCCURRENCE $ 2,000,000 A EXCESS CLAIMS-MADE 21SBMRQ7637 6/9/2011 5/912012 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS E€2 B ANY PROPRIETORIPARTNERIEXECUTIVEYIN NIA X U13997SY787 5/9/2011 61912012 E.L.EACH ACCIDENT 5 500,000 OFFICERP-(EMBER EXCLUDED? (Mandatory In NH) E.L DISFAV-rA EKIPLOYEEI$ 500,000 Ifyes,describe under DESCRIPTION OF OPERATIONS belav E.L.DISEASE-POLICY LIMIT I S 500,000 C Professional Liab 79AE000395111 5/9/2011 61912012 Each Claim 1,000,000 C Claims-Made Form 79AE000395111 5/912011 51912012 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additlonat Remarks Schedule,ff more space is required) Professional Liability Deductible:$10,000;Professional Liability Retrodate:11111994 Project:2012 Surveying Consultant Agreement Those usual to the Insured's Operations,City of Delray Beach,Florida Is an additional insured on the General Llabllity as required by written contract per the Business Liability Coverage Form SS0008 attached to this policy;excluding Professional Services and Is provided on a primary basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Delray Beach,Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Y ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW 1st Ave. Delray Beach,FL 33444 AUTHORIZED REPRESENTATIVE OO 1988-2010 ACORD CORE ORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD A� CERTIFICATE OF LIABILITY INSURANCE 0110"°�"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on thls coMficate does not confer Tights to the certificate holder In lieu of such endorsam"gs). OWDUCER CONTACT Cindy Papandteas Insurance,Agency Inc NE FAx 123 S State Road 7 Ste 204 a±AtArt - AfF,T4ok 551-79(3 337Q Royal Palm Reach,Fl.33414 -903M.ER 10 0-PRODUCER INSURE P48)AFFORDING COVERAGE NA1C INSURED INSURER A:Slate Farm Mutual Automobile Insurance Company 6178 Dennis J Leavy S Associates ENSURR 8- 460 Business Pkwy Sle 13 INSURfAC: Royal Palm Beads,FI.33411 Da tmsuRER a: RER F COVERAGES CERTIFICATE NUMBER: REVISION NUMPIEA: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERK4 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE 8EEN REDUCED BY PAID CLAIMS. LIBA L TYPE OF INSURANCE POLIGYNUMBER IMP&M NPR Y P uhm 09MMLLUIBRITY EACH=VRREHCE S COMMERCIALGENERAL 01-AIMS-MAN n Si< lEa 01-AIMS-MAN 0 OCCUR MF0 FXP one person S PFRSONALEADVtNA1RY ; GENERAL AGGREGATE f GEN'LAGGREGATEUMITAPPuIESPER: PRODUCTS.COMPIOPAW f POLICY M M LOC S A AVTOMOOtELIASIUTY 4457708-:09-E9c-9zz o5rosnall 05109l2012 COMEWNEO SINGLE LIMIT s i tw,000 ANY x, } ALL 4YM O AUTOS I ` F BODILY INJURY03Vtpeo) f BODILY INJURY(Pee ) f SCHEDUI FO AUTOS PROPERTY DAMAGE rtxtEpAUTOS CPO-d*nti � X N0N-0LiNEDAUTOS PIP S 1000 f UIdaR£t1T6 L,UIs OCCUR EACH OCCURREKE= S EXCESS LIAO CLAL S-MA0E� F" AGGREGATE. $ DE:Ix1CTIete I ; RETENTION f ; WORKERSCOMPFIISATION WC STATU- OTH- ANOF.IdPLOYFRWLIABRITY YIN T Y Ulis ER ANY PROPAIETORIPARTNERC(ECUTNE E.L.FACEACCIDENT f OFFICERAAEAIBER EXCLUDEW H I A iildmdalaylaHR E.L.OSEASE-EAEMPLOYE $ ff yes,dssonee E1.DISEASE-POLICY LIMIT ; DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES(AtbKh ACORD Ter,Addtdonal Remarka Sshed,da,d MOM gace If RquErod) Job:Land Surveying Consulting SerAces The City of Defray Beads,Florida is Considered Additional Insured with rMed to Auto Liability. CERTIFICATE HOLDER CANCELLATION City Of Dehy Heads,Florida SHOULD ANY OF TRri ABOVE DESCWAEO POLICIES BE CANCELLED BEFORE THE EXMATIO14 DATE THEREOF,NOTICE WILL UE DELIVERED 01 ACCORDANCE Wnit TTIr. 100 NW 1 st Aventm PoUCY PROVIs*NS. Delray Beach,Ff.33444 AUTHORM(tEPRESENTATIYB S-200 ACORD CORPORATION. All rights reserved. ACORD 26(2€109109) The ACORD name and logo are reglatered marks of ACORD 6037F,1I CERTIFICATE OF INSURANCE Agent 6680 AFO 613 This is to certify that: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Of Bloomington, Illinois has coverage in force as shown below for the named insured. If the coverage is change or terminated will give 10 days' written notice to: City of Delray Beach Florida 100 NW 1"Ave Delray Bch FL 33444-2612 Description of Vehicles: ALL FLEET VEHICLES Liability—COVERAGE A Limits of Usability Bodily Injury Property Damage Bodily Injury and Property Damage each person each accident each accident Single Limit $ $ $ $ 1,000,000 each accident This Certificate of Insurance does not change the coverage provided by the described policy. Named Insured DENNIS J LEAVY & ASSOCIATES Policy Number 445 7708-E09-59 Chief Executive Officer Countersigned �`� ? , zr� z Effective Date JAN 05 2011 12:01 A.M. Standard Time By 6037F.I I orized Representative VV/ 6V! LVS4 11.11 t'rui VVVV LVV YVV i,Vltita a u l aa,u .mil YYA r 602$8.5 A)DDITI':ONAL INSURED (Prior Notice of Tcrminatton) This pndnYse nCnt is a part of your policy. ExcePlt for the changes it nlakes, all other corms of the policy remain the same and apply to this endorsement. It is effective m the same tirno m your policy if tssuod With it. If€ssusd at a later date the nAme,po[iCy number and effective date must be shown. Issued by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Blootmrtalon, Ill[nois, or the STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois. as shows, by lhb company's name on chc policy of which this endorsctttottt is a part- Named Insured t Azio t ))0,4 ers Policy number q Cy Countersigrizd [y 3 a e, F,ffactive date .thr E — BY . 12:01 A.M Standard Time Authorized Representative It is agreed that Liability—Coverage A of your policy is extouded to the pally earned on the dcciaratinns page as an Addidonal Insured_ The:Additional insured is subject to the provisions of tho policy granting l coverage to an insured other than you. The Additional Insured; 1. has tho carne tight of tecovery under this policy as before; 2. is not[fable for any premium or other cruse under this Palley; 3, 1$not:t rttembar of the scald Farm Mutual Automobile Insurance Company of Bloomington,Illinois. such insured noticct The number of wrminated as to the we will gi r'isiten unle Additional her'lumber is unless hown 9we the declarations page. Chief FXcrwive Officer i z ' I 64281~.5 CNI \ 9 0 CIA C\j R W / 7 C4 7 a) q o . L 2 G A o \ � < a. \ CD CD � a « 7 � ? � . . \ ± m > $ d cl % E o 2 \ b \ R ® « � o \ m 6 . _ 06 ;, 7 LLJ I k 0 2 q t: £ CL § . / ° § d q LL£ c q E 2 ~ �o L LU \ $ G C14 = y y § / § ¢ \ . z ¥ 7 7 / / � ¢ BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005,The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension -Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 26 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us"and"our"refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C.-Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES (a) The "bodily injury" or "property an 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by"occurrence" that takes place in the INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) "coverage territory'; Insuring Agreement (b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period, and becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph 1. of Section "property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance "employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim,knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury', "property damage" or "personal and knew, prior to the policy period, that advertising injury` to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"or offense and settle any claim of such "bodily injury' or "property or"suit"that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance;and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory' insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence"or claim: (1) To "bodily injury" and "property (1) Reports all, or any part, of the "bodily damage"only if: injury" or property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 0 2005,The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services;and any vehicle to which Business Liability Coverage for"bodily injury"applies. We (b) You are not engaged in the do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission insurance. We do not have to furnish together with all related acts or these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the"suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit",'we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. -- that is an "Insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage"and will not reduce the Limits of Insurance. (3) The obligation to defend, or the cost of the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (1) Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to bodily defense of the"suit"; injury or property damage resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability (iv) Cooperate with us with (1) "Bodily injury"or"property damage";or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (1) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit"; and (a) "Bodily injury", "proporty damage"or (ii) Conduct and control the "personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) 'Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", (2) The spouse, child, parent, brother or provided. the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same"insured contract",and (1) "Bodily injury", "property damage" or personal and advertising injury (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or c. Liquor Liability rented or loaned to any insured "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury"if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages. the buildings occupants or their guests; This exclusion applies only if you are in the (il) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury"to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or out of and in the course of: occupied by, or rented or loaned to, any insured, other (a) Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: (ill) "Bodily injury" or "property (1) Any insured;or damage" arising out of heat, smoke fumes from a (i1) Any person or organization for whom you may be legally hostile fire";, ar responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly an any any contractors or subcontractors insured's behalf are performing working directly or indirectly on any insured behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollu#ants" are brought an or to contain, treat, detoxify or neutralize, or in any way respond to, or assess the promises, site or location in the effects of,"pollutants". connection with such operations (2) of a loss, cost or expense arising out by such insured, contractor or subcontractor. However, this of any: subparagraph does not apply to: (a) Request,demand,order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants';or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes !, War operation and"loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military farce, by that insured, if the "occurrence" which caused the "bodily injury" or "property including action in hindering or defending against an actual or damage" involved the ownership, � maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents;or any insured. (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j, professional Services (2) A watercraft you do not own that is: "Bodily injury" "property damage" or (a) tress than 51 feet long;and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes (3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment";or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired,chartered or loaned treatment,advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement, hair injury" or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar. (1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fEtting,demonstration or promises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Any: of Insurance applies to Damage To Premises Rented To You as described in (a) Body piercing (not including ear Section D.-Limits Of Insurance. piercing); Paragraph (2) of this exclusion does not (b) Tattooing, including but not limited to the insertion of pigments into or apply if the premises are "your wank" and under the skin; and were never occupied, rented or held for rental by you. (c) Similar services; Paragraphs (3) and (4)of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this (11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3)and (4)of this exclusion do Paragraphs(4) and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job.site. Paragraph 1.e. in Section A. -Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage"included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, 1. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, "Property damage" to "your work" arising restoration or maintenance of such property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property; This exclusion does not apply if the (2) Promises you sell, give away or damaged work or the work out of which abandon,if the"property damage"arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n. Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property on or property that has not been physically which you or any contractors or injured, arising out of: subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work", or arises out of those operations;or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral,written or electronic Itself, is not considered the business publication of material, if done by or at of advertising, broadcasting,. the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person,s right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods,products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also 0) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would not have occurred in whole or in (15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an"asbestos hazard";or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, "Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the (a) Refusal to employ that person; effects of an"asbestos hazard". (b) Termination of that person's t, Violation Of Statutes That Govern E- employment;or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act(TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury"to the (2) The CAN-SPAM Act of 2003, including person at whom any of the _ any amendment of or addition to such employment-related practices law;or described in Paragraphs (a), (b), or(c) above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You -- (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the"asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to their duties as trustees. a, Any Insured To any insured,except"volunteer workers". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of C. Injury On Normally Occupied Premises your business, or your "employees", other than either your executive officers (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers"are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. if you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business, damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, (b) above;or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only (2) "Property damage"to property: with respect to their liability as stockholders. (a) Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment;or Your legal representative if you die, but b, "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f, below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form S5 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s)or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendors exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs(d) or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (9) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) 'Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but It which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality;or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e, above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury' caused, in whole (a) In the performance of your or in part, by your acts or Omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf. owned by or rented to you;or (a) In connection with your premises; (c) In connection with "your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured;and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury" "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or. drawings and specifications;or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one 'occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of - a. Insureds; "property damage" to any one premises, while b. Claims made or"suits"brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the g, How Limits Apply To Additional Insureds Declarations. b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lessor of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision;or owned by or rented to you. b. The Limits of Insurance shown in the Location means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit";and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insureds Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to if that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: Permit that this insurance is primary and non-contributory with the additional (1) How,when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses;and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you.should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7, Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this provide any liability, uninsured motorists, Coverage Part, our obligations are limited as follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are no#'payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission n of of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5, Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage" to premises rented in this policy to the first Named Insured, this you temporarily occupied by you w insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us;and Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the.sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an if all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written if the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or art of an payment, defend the insured against an "suit" if an g p Y g Y Y including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL. ADDITIONAL_ INSURED 3. Additional Insured -Grantor Of f=ranchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to pp y This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any 'occurrence" that takes place This insurance does not apply to. after you cease to lease that land;or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises;or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision—Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed (1) Bodily injury", property damage or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale by you, have been labeled included in the "product-completed operations"hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs(d)or(f);or provides coverage for "bodily injury" or "property damage" included within the (il) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) 'Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured--Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you;or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. -- Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured -- Owners, Lessees Or is available to an additional insured is described in Contractors -- Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the porson(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured— Owner, Lessees Or Contractors, 1• "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional i (5) Newspaper; nsured(s);or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However,"advertisement"does not include: "products-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b• An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2• "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders,designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured -- Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury"means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The united States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work`; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract"means: (1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a. person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business;or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D, — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement;or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or "property 8. "Employee" includes a "leased worker". damage" to a third person or organization, "Employee" does not include a "temporary provided the bodily injury or property worker". damage is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tart liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills;or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types: or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage;or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f, Vehicles not described in a., b., c., or d. listed in (1} above and supervisory, above maintained primarily for purposes inspection, architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm,to perform duties related to the conduct of will be considered"autos": your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: (a) Snow removal; a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing;or aircraft,watercraft or"auto"; • (c) Street cleaning; b. While it is in or on an aircraft,watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto" to the place where it is workers;and finally delivered; (3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads, out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest,detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage"arising out of: privacy; (1) The transportation of property, unless f. Copying, in your "advertisement", a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; - or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any "advertisement";or insured; or h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled Injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage"means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b, Loss of use of tangible properly that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: "occurrence"that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession;or not tangible property. (2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. (a) When all of the work called for in "Suit"includes: your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent;or more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker"means a person who: . a. Is not your"employee"; Form SS 00 0B 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured,sold, handled, (2) Materials, parts or equipment distributed or disposed of by. furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired;and of"your work"; and (2) Containers (other than vehicles), (2) The providing or or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product';and Page 24 of 24 Farm SS 00 08 04 05 Kucmerowski, Carolanne From, Tara <djlassc @bellsouth.net> Sent: Friday, April 06, 2012 4:02 PM To: Kucmerowski, Carolanne Subject: FW: Dennis J Leavy- Revised COI for City of Delray Beach Attachments: PDF Creator.pdf; Hartford ss00080405.pdf Good Afternoon Carolanne: Please see response from our agent below. They have also attached a revised COI and the corresponding Business Liability Coverage Form from our policy. I was told by our agent that Hartford builds the endorsement into their policy that is why they do not use an "E=ndorsement Page". Our agent attached a copy of Form SS0008 from our policy for reference. Should you have any questions, please do not hesitate to contact me. Tara Dennis J. Leavy&Associates 460 Business Park Way, Suite B Royal Palm Beach, FL 33411 P: 5611753-0650 F:5611753-0290 From: Zoraida Gonzalez [mailto:zgonzalez@caffflc,coml Sent: Friday, April 06, 2012 4:02 PM To: Tara Subject, RE, Dennis J Leavy- Revised COI for City of Delray Beach Tara - attached please f ind the revised certif icate of insurance for the City of Delray Beach. Unfortunately, the Hartford does not use the Form provided as a 5ample by the client...however; that is not uncommon as that is a standard form from 150 (Insurance 5ervices Off ice) and the big carriers such as the Hartford's and the Travelers choose to use their own forms which have been previously approved by the Insurance Department. I have attached the Business Liability Coverage Form 550008 which is what they provide. Thanks! Zoraida Gonzalez, AAI, ACSR Account Manager zponzalagcDcaffiie.com Collinsworth Alter Fowler&French,LLC 8000 Governors Square Blvd.,Suite 301 Miami Lakes,FL 33096 Direct:3051503-9159 Fax:3051558-4294 From: Tara rmailto:djfasscabellsouth.net] Sent: Friday, April 06, 2012 2:36 PM t To: zoraida Gonzalez Subject: FW: Additional Required Information for Surveying Consulting Agreement- Business Liability Endorsement Zoraida: The City of Delray has some comments on the COI that we sent. Please call to discuss. Thanks. Tara From., Kucmerowski, Carolanne Lmai Ito:KucmerowsW)rnydeIraybeach.coml Sent: Friday, April 06, 2012 2:15 PM To: 'Tara' Cc: Grieve, Bill; Krejcarek, Randal; dj lassc(cbbellsouth.net Subject: RE: Additional Required Information for Surveying Consulting Agreement- Business Liability Endorsement Tara, We still need additional insurance documentation in order to process the Consulting Agreement. Please provide the following: Additional Insured Endorsement Page for the General Liability; we have received it for the Auto Proof of Workman's Comp. Insurance - The project name needs to be in the Description of Operations Section: Project: 2012 Surveying consultant Agreement Proof of Professional Liability Insurance Please provide the above; so the agreements can be processed by the City. 7" resat;, Construction Management Technician City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Phone: (561) 243-7177 Fax: (561) 243-7060 From: Tara Finailto:djlassc@bellsouth,net] Sent: Wednesday, March 28, 2012 10:09 AM To: Kucmerowski, Carolanne Subject: Additional Required Information for Surveying Consulting Agreement- Business Liability Endorsement Good Morning Carolanne: Attached, please find the Endorsement for our Business Liability Policy. Our carrier has included an Endorsement for our current policy year (ending 5/9/12) as well as one for our renewing policy year. You should have received the Endorsement for our auto policy and page#1 of our Contract late yesterday afternoon via e-mail. 2 Should you have any questions or require any additional information, please do not hesitate to contact me. Tara Dennis J. Leavy&Associates 460 Business Park Way, Suite B Royal Palm Beach, FL 33411 P: 5611753-0650 F: 5611753-0290 3 AMENDMENT NO. 1 TO AGREEMENT FOR GENERAL CONSULTING SERVICES HIS AMENDMENT NO. 1 to the Agreement dated April 26, 2012 is made this day of r , 2014, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and Wantman Group., (the "Consultant"). WITNESSETH: WHEREAS, the parties desire to exercise their right to renew the Agreement entered into April 26, 2012 for one year, pursuant to Section Vl "Agreement Period," which will extend the contract until April 26, 2015. WHEREAS, the parties desire to amend the Agreement to comport with the recent changes in state law pertaining to public records and to reference the Palm Beach County Inspector General's authority to review contracts. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the agreement to add Paragraph X "Inspector General" and Paragraph Y "Public Records" to comport with recent changes to county and state law: X. Inspector General: Consultant is aware that the Ins ector General of Palm Beach County has the authorit to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Consultant and its subcontractors and lower tier subcontractors. Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Consultant 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 Y. Public Records: Consultant shall comply-with- public records laws in accordance with Chanter 119 Fla. Stat. In accordance with state law, Consultant 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 p p 1la. Stat. or as otherwise , . exceed the costs provided in Chapter F 1 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 Consultant at the termination of the contract and destroy any public records that are.,.... p exem t or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Cit y 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_t being made to the Consultant._ e) If Consultant 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. 4. All other terms and conditions of the Agreement of April 20, 2012 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA 2 By: _ �� ,. By: City^Clerk Ca Z . Glickstein, Mayor Approved as to legal sufficiency and form: yyr,,,,City Attorney . WITNESSES: WANT AN GROUP ., INC. r Pri& Name: it Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this Z--L--�ay of 2014, by 0 �n -` He/She is personally known to me or has produced (type of identification) as identification, // X�/ AL4, . _ .x, Notary Public— State of Florida KATHLEEN R.FONTAINE Notary Public-State of Florida " My Comm,Expires Sep 1,2016 Commission#.EE 196796 Bonded Through rational Notary Assn. 3 I i City o£Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES ', 20 M— b and THIS AGREEMENT made and entered into this day of r y between the CITY of Delray Beach,Florida,hereinafter referred to as "CITY", and Itha ntrnan �3 hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordanee with the Consultanfs Competitive Negotiation Act;and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired;and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT;and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular prof cot without first receiving a Service Authorization;and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS, i NOW,THEREFORE,in consideration-of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT,it is mutually understood and agreed as follows: I. DEFIIITIONS• GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be,added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The forth shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work-, and services to he performed by the CONSULTANT, and tirne for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of j project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page k of 27 City of Delray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of set-vices to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of set vices directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall,without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 27 City of Delray Beach Land Surveying Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery,presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products,polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates Derek Zeman , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations,the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. I, The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT, The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the Page 4 of 27 City of Delray Beach Land Surveying Consulting Services CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 -LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. 2. METHOD II-TIMES CHARGES/NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, Page 5 of 27 City of Delray Beach Land Surveying Consulting Services plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a, The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition,the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows; (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. Page 6 of 27 City of Delray Beach Land Surveying Consulting Services C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANTS itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT Page 7 of 27 City of Delray Beach Land Surveying Consulting Services shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its sci vices to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter),the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106 (Engineers,Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed. Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers'Non-Ownership Page 8 of 27 City of Delray Beach Land Surveying Consulting Services 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows; Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project,maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request,the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Delray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other patty to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 10 of 27 City of Delray Beach Land Surveying Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the patty for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT Wantman Group Inc. Mr. David Wantman P.E. President 2035 Vista Parkway West Palm Beach FL 33411 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Page 11 of 27 City of Delray Beach Land Suiveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause, This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically Page 12 of 27 City of Delray Beach Land Surveying Consulting Services the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all tunes indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any matcrialmen or others who have been retained by the City or Contractor, or materiahnen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance, i b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida, Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan(CIP), attached hereto as Exhibit"D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Dehay Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CI Y�F DELRAY A ORIDA By. AYOR ATTEST: City Clerk Approved as to Form: CITY Attorney CONSULTANT Wantman Group,Inc. By _ ._., itness Kathleen R. Fontaine Title: Sr. Vice President Name Printed (Seal) 'pl- LL Witness Jill Mathison Name Printed Page 15 of 27 City of Delray Peach Land Surveying Consulting Services ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this 12th_ day of _ Januar, 2012, was acknowledged by Robin B. Petzold , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand an seal in the County and State aforesaid this 12th day of Januar , 2012. otaty Public (SEAL) My Commission Expires: I S,pr fY�;•,, KATHLEEN R.FONTANNE *R ;r my C04�M1sS40N#DD 784692 EXPIRES:september t,2012 b,• Bonded TW k1o?aryPub"fKWO4816 ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same, SWORN TO AND SUBSCRIBED before me this day of , 200 . Notary Public My Commission Expires: Page 16 of 27 City of Delray Beach Land Surveying Consulting Services ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of ,200_. Notary Public My Commission Expires: Page 17 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT A(SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE; CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. TITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 City of Delray Beach Land Surveying Consulting Services Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Witness(Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney BEFORE ME,the foregoing instrument,this day of , 201_, was acknowledged by on behalf of the Corporation , and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of ,201_ Notary Public State of Florida My Commission Expires: Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference:Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the survey. Stree# From . To The survey should include the following: 1. Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. Z All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way as well as the front two corners of the building on each lot. 3. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Coordination with City of Delray Beach's Water and Sewer network at (561) 243-7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200+00 for SE 2nd Ave, 300+00 for SE 3`d Ave, 800+00 for SE 8{" Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08"„@ 1"=20' this would be 1.6' high letters 1_100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaled all at the same time without moving from their original insertion points. Page 22 of 27 City of Delray Beach Land Surveying Consulting Services PLACEMENT OF LEADER LINES I tP f A L E C UAL_ C N !T.A DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre-CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates With Overhead Factor Employer Category Professionals-(Surveying,Mapping,Utility Designating) Principal Surveyor 68.27 204.81 SUE Services Manager 47.11 141.33 Senior Professional Surveyor 45.67 137.01 Professional Surveyor 35.85 107.55 SUE Engineer 26.92 80.76 Technicians-(Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) Surveyor Intern 22.64 67.92 SUE Field Manager 27.92 83.76 Surveyor/Technician 31.25 93.75 GIS Technician 31.25 93.75 2 Man Survey Crew 33.33 120.00 3 Man Survey Crew 50.00 150.00 4 Man Survey Crew 80.00 180.00 HydrographicBathymetric Crew 108.33 325.00 Laser Scanning Survey Crew 83.33 250.00 Vacuum Excavation Crew 80.00 180.00 Utility Designating Crew 33.33 120.00 Office Support Administrative 21.75 65.25 I Page 24 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C CONSULTING SERVICES INVOIC1 FORMAT i Bill o: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,FL 33444 Invoice Date: Service Auth,# Remit To: City.Purchase Order# City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph(Description of Services Provided): Insert Status Summary/Description of Services LABOR Class Name Rate Hours Amount Principal $0.00 Sr.Engineer $0.00 Engineer $0.00 Cadd Designer $0.00 Sr. Engineering Tech $0.00 Sr.Inspector $0.00 Clerical $0.00 Subtotal Labor $0.00 SUBCONSULTANTS (Must attach copies of backup invoices) Amount Insert Name of Subconsultant $0.00 Insert Name of Subconsultant $0.00 Subtotal Subconsultants $0.00 RiiMBURSABLE/O.UT-OF-POCKET EXPENSES (Must attach copies of backup) Amount Postage $0.00 Printing $0.00 Subtotal Expenses $0.00 TOTAL AMOUNT DUE THIS INVOICE., $0.00 Page 1 of 3 Page 25 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 2) 13111 To: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,FL 33444 Invoice Date: Service Audi.# Remit To: City Purchase Order# City Project Number- City Project Title: Por Professional Services for Period Ending: CASTSUMMARY (Must match cost breakdown In Service Authorization) Phase or Task Number Phase orTasic Description Amount Prase I or Task 1 (insert Description of Phase or Task) Contract Amount Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase It or Task 2 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0,00 Page 2 of 3 Page 26 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 3) Bill To: City of Delray Beach Invoice# 434 S.Swinton Ave. Delray Beach,Ft .33444 Invoice pate: Service Auth.It Remit To: City Purchase Order f# City Project Number: City Project Title: For Professional Services for Period Ending: Phase or Task Number Phase or Task Description, Amount Phase VI or Task 6 (Insert Description of Phase or Task) Contract Amount $0,00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase Vil or Task 7 (insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Rernafning $0.00 Phase Vlll or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 27 of 27 DATE tMWDDIYYYY) A�° CERTIFICATE OIL LIABILITY INSURANCE 1,17,2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brian Cronin _ Wells Fargo Ins Services USA, Inc. (WPB) PHONE FAX 2054 Vista Parkway, Suite 400 ({�_(c No.Extt (561) 655-5500 WC,No:(561) 655-5509 E-MAIL West Palm Beach FL 33411-2718 ADDRESS: INSURER S AEFOF DING COVERAGE NAIC# INSURERA:FFVA Mutual Ins Co 10385 INSURED INSURER B:National Fire Insurance Company 20478 Wantman Group, Inc. INSURER C:Transportation Insurance Cc�m pany 20494 _ 2035 Vista Parkway, Suite 100 INSURERD.Valley Fore Insurance Company 20508 West Palm Beach FL 33411 INSURERE:Federal insurance_Company (561) 687-2220 1 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 233237 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR SUER POLICY NUh18ER fdMl POLICY EFF MRV()UY�XP LIMITS LTfi GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X C_OMMERCIALGENERALLIABILITY Y Y 4032872317 10/18/20119/18/2012 PREMSES EaEaccurnce 5 100,000 CLAIMS-MADE OCCUR MEDEXP(Any one,person) $ _ 5,000 PERSONAL 8 ADV INJURY S 1,000,000 GENERAL AGGREGATE 5 2,000,000 GENIAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY X PRO- LOO 5 AUTOMOBILE LIABILITY E0 accJdeO SINGLE LIMIT 1,000,000 D X ANY AUTO X 4032872298 10/10/2011 9/18/2012 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS 7{ NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident __..- S C UMBRELLA LIAB X OCCUR 4032872303 10/18/2011 9/18/2012 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE S 5,000,000 DED FXTRFTENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY YIN Y "C84000227642011A 9/18/2011 9/18/2012 X .IgRy- E ANY FROPRIETORWARTNERIEXECUTIVE❑ NIA E.L.EACH ACCIDENT S 1,000,000 OFFICER)MEMBER EXCLUDED? (MandaWry in NH) _E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yyes,describe under OESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 1,000,000 E Equipemont 45464973TPA 10/18/20119/1.9/2012 $150,000 Rental Broad Form 1R Ded i DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES(Attach ACORD i0i,Additional Remarks Schedule,it more space is required) GENERAL LIABILITY: Automatic additional insured including completed opertations on primary, non-contributory basis applies when required by written contract. Automatic waiver of Subrogation applies when required by written contract. Professional liability is excluded. AUTOMOBILE: Automatic additional insured when required by written contact, per form CA2048. Automatic Waiver of Subrogation applies when required by written contact, per form 9-23186-A(5/89) WORKERS COMPENSATION: Automatic Waiver of Subrogation applies when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Delray Beach 100 NW 1st Avenue AUTHORIZED REPRESENTATIVE Delray Beach FL 33444 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 2 DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 1/27/2012 CERTIFICATE HOLDER: INSURED: City of Delray Beach Wantman Group, Inc. 100 NW Ist Avenue 2035 Vista Parkway, Suite 100 West Palm Beach FL 33411 Delray Beach FL 33444 DESCRIPTION OF OPERATIONS CONTINUED: EXCESS LIABILITY/UMBRELLA: Follow Form over General Liability, Commercial Auto and Employers Liability (WC) Job: 2012 General Engineering Consultants Services Agreement. City of Delray Beach is included as Additional Insured for General Liability and Auto Liability. DOC(10!2003) Page 2 of 2 CNA (Ed. 1 0 ) 0M THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCiAL GENERAL.LIABILITY COVERAGE PART SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract per paragraph,A. below.) Locations of Covered Operations (As per the °written contract,'provided the location is within the"coverage territory' of this Coverage Part.) i A. Section 11-Who Is An Insured is amended to include 2. We will not provide the additional insured any as an additional insured: broader coverage or any higher limit of insurance Q 1. Any person or organization whom you are than the least that is: required by 'written contract" to add as an a. Required by the'written contract'; additional Insured on this Coverage Part;and b. . Described In B.1.above;or 2. The particular person or organization, if any, scheduled above. c. Afforded to you under this policy. This insurance Is excess of all other Insurance B. The insurance provided to the additional insured is 3. available to the additional Insured whether on a limited as follows: primary, excess, contingent or any other basis. 1. The person or organization Is an additional But if required by the `written contract," this insured only with respect to liability for 'bodily insurance will be primary and non-contributory injury," "property damage,° or °personal and relative to insurance on which the additional advertising injury'caused In whole or In part by: Insured Is a Named insured. a. Your acts or omissions;or 4. The insurance provided to the additional insured b. The acts or omissions of those acting on your does not apply to 'bodily Injury," 'property behalf damage; or personal and advertising injury arising out of: in the performance of your ongoing operations a. The rendering of, or the failure to render, any specified In the"written contract";or professional architectural, engineering, or "Your work" that is specified In the "written surveying services,Including: contract' but only for 'bodily injury' or 'property damage' included In the °praducts- ��) The preparing, approving, or failing to — compl8ted operations hazard,°and only if: prepare or approve maps,shop drawings, opinions, reports, surveys, field orders, (1) The °written contract' requires you to change orders or drawings and provide the additional insured such specifications;and coverage;and (2) Supervisory, inspection, architectural or (2) This Coverage Part provides such engineering activities;or coverage. G-140331-C Includes copyrighted snnierial of insurance Services Qlfics,Inc.,with its permission Page i of 2 (Ed. 10/10) G-140331-C (Ed. i0/110) b. Any premises or work for which the additional We have no duty to defend or indemnify an insured Is specifically listed as an additional additional insured under this endorsement until we Insured on another endorsement attached to receive from the additional insured written notice this Coverage Part. of a claim or"suit." C. SECTION IV—COMMERCIAL GENERAL LIABILITY 2. With respect only to the insurance provided by this CONDITIONS is amended as follows: endorsement, the first sentence of Paragraph 4.a. 1, The Duties In The Event of Occurrence, of the Other insurance Condition Is deleted and Offense, Claim or Suit condition Is amended to replaced with the following: add the following additional conditlons applicable 4. Other insurance to the additional insured: a. Primary Insurance An additional Insured under this endorsement will• This insurance Is primary and non- as soon as practicable: contributory except when rendered (1) Give us written notice of an "occurrence' or excess by endorsement G-140331-C, or an offense which may result in a claim or when Paragraph b.below applies. 'suit" under this insurance, and of any claim D. Only for the purpose of the Insurance provided by this or"suit"that does result; endorsement, SECTION V — DEFINITIONS Is (2) Except as provided In Paragraph B.3 of this amended to add the following definition: endorsement, agree to male available any 'Written contract" means a written contract or written other insurance the additional Insured has for agreement that requires you to make a person or a loss we cover under this Coverage Part; organization an additional Insured on this Coverage (3) Send us copies of all legal papers received, Part, provided the contract or agreement: and otherwise cooperate with us in the 1. is currently in effect or becomes effective during Investigation, defense, or settlement of the the term of this policy;and claim or°suit°;and (4) Tender the defense and Indemnity of any 2. Was executed prior to: claim or "suit' to any other Insurer or self a. The'bodily injury"or'prop"damage'; or Insurer whose policy or program applies to a lass we cover under this Coverage Part. But b The offense that caused the 'personal and if the'written contract" requires this Insurance advertising injury' to be primary and non-contributory, this for which the additional Insured seeks coverage provision (4) does not apply to insurance on under this Coverage Part. which the additional Insured Is a named Insured. G-140331-C Includes capyrighted material of Insurance Services Office,inc.,with its permisslon Page 2 of 2 (Ed. 10/10) Kucmerowski, Carolanne From: Jill Mathison <Jill.Mathison @WantmanGroup.com> Sent: Monday, March 26, 2012 9:43 AM To: Kucmerowski, Carolanne Cc: Robin Petzold; Krejcarek, Randal; Grieve, Bill Subject: 2012 Surveying Consultant Agreement Attachments: Additional Insured Endorsement.pdf; Page 1 of 27.pdf Good Morning Carolanne, Attached please find the following documents: - Additional Insured Endorsement - Page 1 of 27 completed properly We give the City of Delray Beach permission to insert this page one, for the one originally sent to you. Please let us know if you require anything additional to process the Agreement. Thank you so much for assisting with this matter. Sincerely, Jill Mathisoit WGI Wantman Group,Inc. Engineering v Snrve)dng C•Environmental 04 Planning 2035 Vista Parkway West Palm Beach,FL 33411 Phone:561-687-2220 Direct:561-472-8141 Fax:561-687-1110 fill.MathisoneWantmanGroup.com www.WantmanGroup.co m From: Robin Petzold Sent: Friday, March 23, 2012 12:57 PM To: Jill Mathison Subject: Fwd: Cannot Process Surveying Consultant Agreements as Submitted Can you take care of as much of this as possible? Thanks Cheers, Robin Petzold Wantman Group,inc Begin forwarded message: i From: "Kucmerowski, Carolanne" <Kucmerowsk mydelraybeach.com> Date: March 23, 2012 12:10:39 PM EDT To: Robin Petzold <Robin.Petzold WantmanGroup.com> Cc: "Kre}carek, Randal"<Kre'care UPmydelraybeach.com>, "Grieve, Bill" <GrievePmydelraybeach.com> Subject: Cannot Process Surveying Consultant Agreements as Submitted Robin, The Land Surveying Consulting Agreements received from the Wantman Group, Inc. cannot be processed as submitted. Please submit a Certificate of Insurance, to include an"Additional Insured Endorsement Page"; I have attached a sample endorsement page for your reference. Also, the Consultant's company name must be filled out on page one of the Land Surveying Consulting Services Agreement, in order to process the agreements. I have attached a copy with the item marked for your reference and also a "clean" copy for you to use. Please complete and email back to me; also, state in your email that you give the City permission to replace out page 1; and I will replace page one with the correct page Please email the Insurance Documents and the completed page 1 to me as soon as possible. We cannot process the agreements until these are received. �l�rzle clad, Construction Management Technician City of Delray Beach 434 South Swinton Avenue. Delray Beach, FL 33444 Phone: (561) 243-7177 Fax: (561)243-7060 I 2 Avirom &Associates 2012 2015 Rates Rates % Increase Professional Surveyor Michael Avirom 150.00 150.00 0.0% John Doogan 100.80 100.80 0.0% Keith Chee-A-Tow 100.80 100.80 OA% David Breaux 93.60 93.60 0.0% Marisha Kreitman 72.00 72.00 OA% Alan Reynolds 76.80 76.80 0.0% CADD Drafting William Evans 78.00 78.00 0.0% Stephens McKean 57.00 57.00 OA% Survey Field Crew Michael Avirom 58.50 58.50 0.0% Russel Dame 69.00 69.00 0.0% Jimmy Friddle 66.00 66.00 0.0% Robert Howald 54.00 54.00 0.0% Kevin Ward 45.00 45.00 0.0% Office Support Janice China 64.50 64.50 0.0% Lisa Mindieta 60.00 60.00 0.0% Average 0.0% Caulfield &Wheeler 2012 2015 Rates Rates % Increase Professional Land Surveyor 135.00 135.00 0.0% Professional Engineer 135.00 135.00 OA% Landscape Arhitect 135.00 135.00 0.0% CADD Operators 135.00 135.00 0.0% Survey Field Crew 135.00 135.00 0.0% GPS Survey Crew 135.00 135.00 0.0% Laser Scanning Survey Crew 135.00 135.00 0.0% Robotic Survey Crew 135.00 135.00 0.0% Inspector 135.00 135.00 0.0% Administrative Staff 135.00 135.00 0.0% Average OA% Dennis J. Leavy&Associates 2012 2015 Rates Rates %Increase Principal Surveyor 110.01 110.01 0.0% Project Surveyor 95.00 95.00 0.0% Survey Technician 64.99 64.99 0.0% CADD Technician 64.99 64.99 0.0% 3 Man Survey Crew 120.01 120.01 0.0% 2 Man Survey Crew 95.00 95.00 0.0% Clerical/Administrative 54.99 54.99 0.0% Average 0.0% Wantman Group 2012 2015 Rates Rates % Increase Principal Surveyor 204.81 204.81 0.0% SUE Services Manager 141.33 141.33 0.0% Senior Professional Surveyor 137.01 137.01 0.0% Professional Surveyor 107.55 107.55 0.0% SUE Engineer 80.76 80.76 0.0% Surveyor Intern 67.92 67.92 0.0% SUE Field Manager 83.76 83.76 0.0% Surveyor/Technician 93.75 93.75 0.0% GIS Technician 93.75 93.75 0.0% 2 Man Survey Crew 120.00 120.00 0.0% 3 Man Survey Crew 150.00 150-00 0.0% 4 Man Survey Crew 180.00 180.00 0.0% Hydrographic/Bathymetric Crew 325.00 325.00 0.0% Laser Scanning Survey Crew 250.00 250.00 0.0% Vacuum Excavation Crew 180.00 180.00 0.0% Utility Designating Crew 120.00 120.00 0.0% Administrative 65.25 65.25 0.0% Average 0.0% • MEMORANDUM r TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement THROUGH: Donald B. Cooper, City Manager DATE: February 26, 2015 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF MARCH 31,2015 EXECUTION OF THE RECEIPT AND RELEASE FORM ACKNOWLEDGING THE CITY AS A BENEFICIARY OF IRVING LIEBERMAN TRUST BACKGROUND The City has been notified that it is named as a beneficiary in the Irving Leiberman Trust for, "The sum of Fifteen Thousand Dollars ($15,000) for the use by its Education Board". In order for the money to be disbursed,the City must provide a signature on the Receipt and Release Form. This Form acknowledges the receipt of the property from the trustees in the sum of Fifteen Thousand dollars ($15,000), accepts the property in full satisfaction of its interest in the Trust, and releases and discharges the Trustees from liability or accountability in connection with the distribution and the trust. FINANCIAL DEPARTMENT REVIEW Because they are restricted to expenditure for specified purposes by the contributors, these funds will be accounted for in the City's Special Projects Fund, with their use subject to authorization by the department head responsible for the Education Board. DISCUSSION Execution of the Receipt and Release Form that acknowledge the acceptance of property, from Janet Fleishman and Neal Lieberman as Successor Trustees of the Irving Leiberman Trust, in the sum of Fifteen Thousand Dollars ($15,000). OPERATING COST There are no operating costs associated with this request. TIMING OF THE REQUEST The execution of the Receipt and Release and Form is time-sensitive and should be executed as quickly as possible for the City to obtain the funds. RECOMMENDATION Motion to approve the execution of the Receipt and Release Form for the Irving Leiberman Trust. REDGRAVE- ' ROSENTHAL"p 120 Fast Palmetto Park Road•Suite 404 3oc 3 Raton,Florida 33432•Tel 561.347.1700* Fax 561.391.9944 www.redgraveandrosenthal.com Alan B.Rosenth�gl arosenthoa fedgroveandrosenthal.com February 12,2015 City of Delray Beach 100 NW 1"Avenue Delray Beach, FL 33444 AT"IN:Noel Pfeffer i Re: Our File No. 36864-00001 Irving Lieberman Trast dated December 5,2000 Dear Mr. Pfeffer: Pursuant to ow, conversation with Attorney Stephanie Spritz, we write to confirm that all documents provided to the Cif, of Delray Beach by our office in connection with the above referenced trust are truo and acci.u•aie.,�md the.documents reflect the full extent of the beneficiary's entitlement under said unist. If you have any questions, please do not hesitate to contact our office. Very truly yours, i Alan B, Rosenthal ABR:s;1 cc: Janet Fleishman, Co-Trustee Neal Lieberman, Co-Trustec REDGRAVE,f �ROSENTHAL'' Rill E;i5 e%T Lr` A,' 120 East Palmetto Park Road • Sulte 400 Boca Raton,Florida 33432 • Tel 561.347.1700 • Fax 561.391.9944 www.redgroveandrosenthal.com I' I I L Alan B.Rosenthal arosenthal @redgraveandrosenthal.com January 28, 2015 City of Delray Beach 100 NW 1"Avenue Delray Beach, FL 33444 ATTN: Janet Meeks, Education Coordinator Re: Our File No. 36864-00001 Irving Lieberman Trust dated December 5, 2000 Dear Ms. Meeks: Please be advised that this firm represents Janet Fleishman and Neal Lieberman,as Successor Trustees of the Irving Lieberman Trust dated December 5, 2000. It appears that your organization is a beneficiary named in the aforementioned trust. Enclosed for your information are copies of the following documents: 1. Notice of Limitation which the organization is entitled to receive as an interested party, and which is self-explanatory. 2. Copy of the relevant portion of the Irving Lieberman Trust dated December 5,2000,which will indicate the organization's interest in the trust. 3. Request for Taxpayer Identification Number and Certification, IRS Form W-9. Please complete and return in the enclosed self- addressed stamped envelope. (Under Federal law, the Trustees are required to provide to the Internal Revenue Service the Social Security number of each trust beneficiary.) 4. Receipt and Release. Please review the enclosed and facilitate the signature of the Receipt and Release. Upon receipt of the original Receipt and Release, and after payment of the Trust expenses, the Trustees will make distribution to your organization. i Should you have any questions,please contact our office. Very truly yours, Alan B. Rosenthal ABR/sjl Enclosures CC' Janet Fleishman Neal Lieberman CERTIFIED MAIL - RETURN RECEIPT REQUESTED i II IRVING LIEBERMAN TRUST DATED DECEMBER 5, 2000 NOTICE OF LIMITATION TO. City of Delray Beach 100 NW 1 st Avenue Delray Beach,FL 33444 ATTN: Janet Meeks,Education Coordinator IRVING LIEBERMAN,a resident of Palm Beach County,Florida,who died on December 1,2014, was the settlor of a trust entitled: IRVING LIEBERMAN REVOCABLE TRUST AGREEMENT dated December 5, 2000, which is a trust described in Section 733.707(3) of the Florida Probate Code. Pursuant to Section 736.0604 of the Florida Probate Code,you are hereby notified that an action to contest the validity of that IRVING LIEBERMAN REVOCABLE TRUST AGREEMENT dated December 5, 2000 was revocable at the settlor's death, WILL BE FOREVER BARRED, IF NOT COMMENCED WITHIN THE EARLIER OF: (1) THE TIME AS PROVIDED IN CHAPTER 95 OF THE FLORIDA STATUTES;OR(2)SIX MONTHS AFTER THE RECEIPT OF A COPY OF THE TRUST INSTRUMENT AND THE NOTICE OF LIMITATION. The names and addresses of the trustees are set forth below. Signed on 2015. JAyVr FLEIS14MAN NEAL LIEBERMAN TrVtee Trustee 1801 Greenberry Road 36 Altamont Avenue, 2nd Floor Baltimore, MD 21209 Sea Cliff,NY 11579 i II' RECEIPT AND RELEASE The undersigned, on behalf of CITY OF DELRAY BEACH, whose address is 100 NW 1st Avenue, Delray Beach, FL 33444, and whose taxpayer identification number is _ , a specific beneficiary of the Irving Lieberman Trust u/a/d December 5, 2000, as amended (hereinafter the "Trust"), hereby: 1. Acknowledges receipt of the following property from Janet Fleishman and Neal Lieberman as successor trustees of the Trust(hereinafter the"Trustees"): The sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) 2. Accepts the above property in full satisfaction of its interest in the Trust. 3. Releases and discharges the Trustees and their successors and assigns from liability or accountability in connection with this distribution and the Trust. CITY OF DELRAY BEACH, Beneficiary By: Date Name: mar;z Glickste-i n Title: �fa�rnr REDGRAVE & ROSENTHAL LLP EIGHTH AMENDMENTf TO IRVING LIEBERMAN REVOCABLE TRUST AGREEMENT THIS EIGHTH AMENDMENT, dated this ...10— day of 2012,to the IRVING LIEBERMAN REVOCABLE TRUST AGREEMENT, dated the 5th day of December, 2000, the First Amendment thereto, dated April 11, 2003, the Second Amendment thereto, dated July 25, 2003, the Third Amendment thereto, dated March 2, 2005, the Fourth Amendment there to,elated July 22,2005,the Fifth Amendment thereto,dated November 17,2005, the Sixth Amendment thereto, dated March 11, 2011, and the Seventh Amendment thereto, dated June 15,2011,by and between IRVING LIEBERMAN,of Delray Beach,Florida, hereinafter called � I Grantor,a-id IRVING LIEBERMAN.of Delray Beach,Florida,JANET FLEISHMAN,of Baltimore, Maryland,and NEAL LIk?BERMAN,of Sea Cliff,New York,hereinafter called'Crustee.(The term "Trustee" shall mean the Tnistee or Trustees from time to time qualified and acting.) i I WHEREAS,under Article VI of said Trust Agreement,as amended and restated in the Sixth Amendment thereto,dated March 11,2011,Grantor reserved the right to alter,amend orrevoke said Trust Agreement at any time and from tine to time, either in whole or in part. NOW THEREFORE, in the exercise of said power, Grantor does hereby amend the said Trust Agreement as follows: -1- REDORAVE &RoSENTHAL LLP 7 The sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) to the CITY OF DEL[tAY BEACH, Delray Beach, Florida, For use by its Education Hoard. -5- R�`[�c�itavE & RusEtvrxat Y LP In all other respects,Grantor ratifies and confirms all the provisions of said Trust Agreement dated December 5, 2000, as amended. IN WITNESS WHEREOF, IRVING LIEBERMAN has signed this Instrument as Grantor, and IRVING LIEBERMAN, JANET FLEISHMAN and NEAL LIEBERMAN have signed this Instrument as Trustees,to evidence their acceptance of the Eighth Amendment to Revocable Trust Agreement. Signed, sealed and delivered in the presence of: S IRVING LIEBERMAN, Grantor i i �I -9- REDGRAVE Cz ROSENTHAL LLP Ak STATE OF FLORIDA COUNTY OF PALM BEACH WE, IRVING LIEBERMAN, Elan R. Kane- and s Cam! Mulholland , the Grantor and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Grantor signed the instrument as his Eighth Amendment to Revocable Trust Agreement, that he signed,and that each of the witnesses, in the presence of the Grantor, at his request, and in the presence of each other, signed the Eighth Amendment to i Revocable Trust Agreement as a witness. i f I'kVII\fG LIEBERMAN, Grantor 1 _ Witness Cam. Witness The foregoing instrument was subscribed,aclolowledged and sworn to before me by IRVING LIEBERMAN, the Grantor, as indicated below: t'(ewho is personally known to me; ( ) who produced as identification; and Elan R. Raney and Camp. Mulholland the witnesses, who are personally known to me, on this rb day of 2012. Notary Public ,%PTHUR M.RE'UCYRA' _x{r° ''' _c,1atrissian 4 DO B78302 F- expires 9oos1 niblmoz fwurnnce KU jHartr19 -10- REDGIRAVE & RoSENTHAL LLP ACCEPTANCE BY TRUSTEES The undersigned hereby accept the Trust imposed by the foregoing Eighth Amendment to Revocable Trust Agreement and agree to serve as Trustees upon the terms and conditions therein set forth. WITNESSES: coo '-- _ ---� IRVING LIEBERMAN, Trustee � r ET FLEISHMAN, Trustee NEAL LIEBERMAN, 'Trustee STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by IRVING LIEBERMAN, as indicated below: (V5 who is personally known to me; ( )who produced _ as identification; oil this !a day of y �`�`1 , 2012. Notary Public 7� �:: z _ r REDGRAVE & ROSENTHAL LLP °'r � t STATE OF FLORIDA COUNTY OF PALM BEACIi The foregoing instrument was acknowledged before me by JANET FLEISHMAN, as indicated below: cr—( who is personally known to me; ( } who produced as identification; on this O day of _' 2012. otary Public RTARR.RE ! lili'err[F.r`•:'i�fP f.'D1 8I 8','02 - u &T d MJEWUVC-0.3.5-7615 STATE OF f COUNTY OF E The foregoing instrument was acknowledged before me by NEAL LIEBERMAN, as indicated below: ( ) who is personally known to me; ( )who produced r" as identification; i on this day of , 2012. PATRICI�' l!Y Notary Public, St e of New York No. 01 GU5029016 Qualified in Nassau County '' •' -� � Commission Expires June 13,20 Notary Public i I i ARRIrr H9.LibrarylLPU;Licberman-118th Amendmen1.tapd 12- REDGRAVE & ROSENTHAL LLP i MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald B. Cooper, City Manager DATE: February 23, 2015 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF MARCH 31,2015 REVOCABLE LICENSE AGREEMENT/DELRAY STUDENTS FIRST,INC./CATHERINE STRONG PARK BACKGROUND Delray Students First, Inc., (DSF), a Florida a not-for-profit corporation, has requested to use one of the classroom facilities at Catherine Strong Park, located at 1500 Southwest 6th Street, for the purpose of guiding economically disadvantaged minority students to realize their full potential by assisting students with preparation for college or vocational options. • Term of Agreement is one year with an option for one additional year • Annual license fee is $1.00. • Classroom No. 3 for use by DSF for sole purpose of tutoring and mentoring students aged 10 to 19. • DSF will maintain the Premises in a first class manner. Exterior maintenance remains City's responsibility. • DSF shall be responsible for providing all furnishings • City agrees to provide internet access to DSF. DSF shall be responsible for any directly related costs including service fees. • DSF shall place a sign identifying Delray Students First, Inc. on the outside of the door to Classroom No.3. The sign shall be consistent with City signage on Catherine Strong classrooms. • Quarterly Reports shall be submitted to the City and include student attendance and activities. • City may provide DSF with a list of children who might be interested in participating in the services offered by DSF. DSF agrees to consider any names provided for inclusion in its programs. • Other facilities shall be available at the same time they are available to the general public The City feels this agreement will benefit the tutoring and mentoring programs offered by Catherine Strong Park for children ages 5 to 16. DISCUSSION City Commission is requested to review and approve the Revocable License Agreement between the City of Delray and Delray Students First. TIMING OF THE REQUEST Delray Students First is currently operating at Village Academy. If the Revocable License Agreement is approved, they will transition to the Catherine Strong building and begin the 2015 school year program in the new location. RECOMMENDATION Staff recommends approval of the Revocable License Agreement with Delray Students First, Inc. for the use of one (1) classroom (Classroom #3) at Catherine Strong Park for one (1) year with the terms and conditions stated, with an option for one (1) additional year. REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made this day of , 2015 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and DELRAY STUDENTS FIRST, INC., a Florida not-for-profit corporation (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain property located at 1500 Southwest 6«' Street, Delray Beach, Florida 33444, upon which is located Catherine Strong Splash Park; and WHEREAS, within Catherine Strong Splash Park, the City maintains several classroom facilities that are available for use by the City; and WHEREAS, Licensee is not-for-profit corporation organized under the laws of the State of Florida whose stated purpose is to inspire and enable economically disadvantaged minority students to realize their full potential by assisting students with preparation for college or vocational options; and WHEREAS, Licensee desires to use one of the City's classroom facilities at Catherine Strong Splash Park for the purpose of conducting its operations; and WHEREAS, the City has determined that it is in the public interest to enter into an agreement with Licensee to provide for the use of classroom facilities at Catherine Strong Splash Park; and NOW, THEREFORE, 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. Licensee's Rights for Use of Site. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to use classroom no. 3 ("Classroom No. 3" or "Premises") at Catherine Strong Splash Park for the purpose of tutoring and mentoring students aged 10 to 19, and for staff preparation in 1 support of such programs. A depiction generally illustrating the location of Catherine Strong Splash Park and Classroom No. 3 is attached to this agreement as Exhibit A. 2. Term. The term of this Revocable License Agreement shall commence at the time that this agreement is executed by all the Parties and shall terminate at 11:59 PM on the date of anniversary of this agreement. The term of this Revocable License Agreement may be extended for a period of one year at the request of the Licensee and at the discretion of the City, provided that Licensee shall provide City with written notice of its intent to extend the term of this agreement at least 30 days prior to the expiration or anniversary date. 3. License Fee. Licensee must pay to City an annual license fee of one dollar ($1.00), payable at the time of execution of this Revocable License Agreement and at the time of any extension hereof, for its use of the Premises as authorized herein. 4. Agreements of the Parties. City and Licensee agree as follows in connection with Licensee's use of the Premises: a. Venue and Schedule: City shall provide to Licensee Classroom No. 3 for use as described herein according to the following schedule: Mondays through Fridays from 10:00 AM through 6:00 PM, and Saturdays from 10:00 AM through 4:00 PM. City agrees to provide Licensee with access to Catherine Strong Splash Park only on days that said park is open to the public. Licensee may not use the Premises on days or at times that Catherine Strong Splash Park is otherwise closed. b. Maintenance of Classroom No. 3: Licensee accepts Classroom No. 3 in its current condition and agrees to maintain the Premises in a first class manner. Exterior maintenance of the Premises, except as otherwise specified in this Revocable License Agreement, shall remain the responsibility of City. All other maintenance shall be performed by Licensee at City's sole discretion. C. Furnishings: Licensee shall be responsible for providing all furnishings within the Premises: such furnishings include, but are not limited to, 2 desks, tables, chairs, refrigerator, educational supplies, and computers. City retains the right to require Licensee to discontinue the use of any furnishing in the City's sole discretion. d. Internet Access: City agrees to provide high speed internet access to the Premises. Licensee shall be responsible for the payment of any directly related costs associated therewith, including service fees. Within 30 days of Licensee's receipt of invoice from City for such costs, Licensee shall remit payment in full to City. e. Signage: Licensee shall place a sign identifying Delray Students First, Inc. on the outside of the door to Classroom No. 3. Such signage shall be consistent in size and design, in City's sole discretion, with signage on other classroom doors within Catherine Strong Splash Park. All signage must be approved in advance by City. Upon the expiration of this Revocable License Agreement, or at any other time in City's sole discretion, Licensee shall be responsible for the removal of any such signage and for any cost associated therewith to return the Premises to the condition in which it was received. f. Quarterly Reports: Licensee agrees to provide quarterly reports to City regarding Licensee's operations within the Premises. Such reports shall include, but are not limited to, student attendance and activities. Each report must be provided to City within 10 days of the end of a calendar quarter, as that term is commonly understood. g. Inclusion of Participants: City may provide Licensee with a list of children that it believes may be interested in participating in the services offered by Licensee at the Premises. Licensee agrees to consider any names so provided for inclusion in its programs. h. Other Facilities: All other facilities within Catherine Strong Splash Park shall be available to Licensee in the same manner and at the same times as those facilities are available to members of the general public. 5. Termination. City may terminate this Revocable License Agreement upon 24 hours' notice for Licensee's failure to perform any of the terms and conditions 3 of this Agreement. Notwithstanding the foregoing, either Party may terminate this Revocable License Agreement with or without cause upon 30 days' notice. 6. Compliance. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin, or disability. 7. City's Right to Control Premises. City or its designee at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating (or to keep persons from violating) any federal, state, county, or local law or regulation, and neither the City, its designee, nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents, or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 8. Alterations and Improvements to Premises. Licensee may not make any alteration, adjustment, partition, addition or improvement to the 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 City's sole discretion, remain the exclusive property of the 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 Premises to the condition in which it was received. Any cost necessary to restore or prepare the Premises for return shall be the sole responsibility of the Licensee. All such alterations or improvements shall be made at the sole cost and expense of Licensee. 9. Personal Property. Licensee agrees that all personal property placed on or at the Premises shall remain the property of the Licensee and shall be so placed at the risk of Licensee. 10. Repair and Damage of Site. Licensee shall be fully responsible for damage of any kind or nature to the Premises caused by the use by Licensee or 4 invitees of Licensee. Licensee shall be fully responsible for any and all repairs or replacement deemed reasonably necessary by City to return the Premises to the condition existing at the commencement of this License Agreement, normal wear and tear excluded. Licensee shall give to City prompt written notice, in compliance with Section 19 below (Notice), of any occurrence, incident, or accident occurring on or at the Premises. In the event any damage should occur to the Premises, Licensee shall promptly notify the City. 11. Indemnification and Insurance. (a) Prior to any use of the Premises as authorized herein, Licensee shall provide to City certificates of insurance evidencing Licensee's commercial general liability coverage in the amount of not less than $1,000,000 per occurrence with an annual aggregate of $2,000,000 and naming City as additional insured. Licensee shall notify City immediately of any modification, cancellation, lapse, or termination in such insurance, which may affect City. (b) To the fullest extent permitted by law, Licensee agrees to indemnify, defend and hold City harmless from and against any and all expenses, damages, claims, suits, losses, actions, judgments, liabilities, and costs whatsoever (including attorney fees) arising out of or resulting from its use of the Premises and any negligence or willful misconduct of Licensee, or its employees, agents, or servants, in connection with this Agreement. Licensee assumes all risk and danger incidental to its use of the Premises. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph shall survive the termination of the Agreement. 12. Release. As part of the specific consideration for City to consent to this Revocable License Agreement, and for further consideration of the sum of ten dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree that City, its designees, officers, agents, and employees assume no responsibility whatsoever for any property placed in the Premises; and City, its 5 designees, officers, agents, and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism, or other wrongful acts, or acts of any kind or nature resulting in damage or loss to persons or property which may be sustained due to Licensee's use of the Premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical equipment, water supply, equipment or wires furnished for the Premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil commotion, riot, theft, or other acts of God, and Licensee hereby expressly waives all right, claims, and demands and forever releases and discharges City, its designees, officers, agents, and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 13. Surrender Upon Termination. Licensee shall peaceably surrender and deliver the Premises to City immediately upon expiration of the term or upon termination of this Revocable License Agreement. Licensee further agrees that it will leave the Premises in the condition existing at the commencement of this License Agreement, normal wear and tear excepted, and subject to the provisions of Section 8 (Alterations and Improvements to Premises) and Section 10 (Repair and Damage of Site). 14. Controlling Law. This Revocable License Agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this agreement. Venue shall be in Palm Beach County, Florida. 15. Entire Agreement. This Revocable License Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the Agreement with all the same formalities as this Agreement. 6 16. 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 Revocable License Agreement, and may demand and obtain records and testimony from Licensee and its subcontractors and lower tier subcontractors. Licensee understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Licensee or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by City to be a material breach of this Revocable License Agreement justifying its termination. 17. 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 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, 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 City all records in possession of the Licensee at the termination of the Agreement 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 City in a format that is compatible with the information technology systems of City. All records shall be transferred to the City prior to final payment being made to the Licensee. 7 e) If Licensee does not comply with this section, City shall enforce the provisions in accordance with this Revocable License Agreement and may unilaterally cancel this agreement in accordance with state law. 18. Force Maieure. 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. 19. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given other than by registered or certified mail, the notice or communication shall be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Licensee: 8 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES: L4ttBy: u� _ ( ame printed ;r typed)) , (Name printed or typed)1 -1 ' �' (Name printed or typed) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2015, by /0Rg-k _�,g (name and title of officer or agent) o` (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is a nosr ally known to me or has produced (type of identification) as identification and did (did not) take an oath. C� 4 ✓a L- /!(iC�-'1�s' fit Signature of Notary Public - State of Florida -ti'" ,,•• ALBERTA L.GALIM-RICXARU Nowt'Publk-State of Florida Mr Comm.Eaoirea sm a.2018 Coolmiselee�+FF 0108 9 7 7 t.. -� L-• ti � ' ' �, �Gatherine Strang' � EXHIBIT "A" Affm ohm 0 ACCPR°® CERTIFICATE OF LIABILITY INSURANCE 1/30/2015 A Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Carmela Smith CBIZ Weekes & Callaway PHONE ($61)278-0448 FAX (A N . (561)278-2391 3945 West Atlantic Avenue E-MAIL ,carmela.smith @cbizwc.com INSURERS AFFORDING COVERAGE NAIC p Delray Beach FL 33445-3902 INSURERA:A-Iliance of Nonprofits for Ins. 10023 INSURED INSURERB:A.11iance of Nonprofits for Ins. 10023 Delray Students First, Inc. INSURER C:Federal Insurance CO. 20281 1730 S. Federal Highway, #297 INSURER D: INSURER E: lDelray Beach FL 33483 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1513006382 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER MMlDDlY£FY MMIDDryY Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY 015-42363 01/19/2015 01/19/2016 DAMAGE TO RENTED PREMISE Ea occurrence $ 500,000 A CLAIMS-MADE F OCCUR X MED EXP(Any one person) $ 20,000 X IMPROPER SEXUAL CONDUCT PERSONAL&ADV INJURY $ 1,000,000 X LIQUOR LIABILITY GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY 7 PRO LOC LIQUOR LIABILITY $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1 000 000 ANY AUTO 015-42363 01/19/2015 01/19/2016 BODILYINJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ X UMBRELLA LIAB X JOCCUR 015-42363-UMB 01/19/2015 01/19/2016 EACH OCCURRENCE $ 1,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 DEp I I RETENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTN ERIE XECUTIVE E.L-EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory yes,d and If yes,describe under in E.L.DISEASE-EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ AGGREGATE $1,000,000 B DIRECTORS & OFFICERS 13242-1492 01/19/2015 01/19/2016 DEDUCTIBLE $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Re: Leased Space - Classroom Certificate Holder is named as an Additional Insured with respects to General Liability when required by written contract with the Named Insured per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Delray Beach ACCORDANCE WITH THE POLICY PROVISIONS, 100 NW 1st Avenue Delray Beach, FL 33444 AUTHORIZED REPRESENTATIVE Kimila Silvia/TC ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD r ODe&wj,, 3&hAt& Rmf # - - _ r a - Apo— fir Guiding economically disadvantaged minority students to realize their X brightest potential through engagement in: rigorous study hall, Palm Beach State College '*sr, dual-enrollment tutoring, " ° 1 college testing and admissions preparation, college tours, OF Ll;�'LQ I aR IDA ri jt scholarships, educational field �; � � FF A5 f trips, mentorship, dynamic life Ever-glade%Ru-e"h skills activities such as swim and Education :4F ,� Cbnferenec('enter , lessons, horseback riding, kayaking, - hiking, community gardening and service learning, technology, and much more... Students gain access to in-depth understanding of: economy, sustainability,food and natural resources, history, culture, creating life-long scholars enriched in STEAM in i addition to building °ado confidence and self-worth ^ to challenge their bodies, minds, and spirits to reach beyond limits. Faye Pelosi - Program Director 561.289.1767 • www.delraystudentsfirst.org �� IN PARTNERSHIP WITH: LoME'S ., i MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Director of Parks and Recreation THROUGH: Donald Cooper, City Manager DATE: February 23, 2015 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF MARCH 31,2015 REVOCABLE LICENSE AGREEMENT FOR VETERANS PARK/EXCURSION BOATS BACKGROUND The attached Revocable License Agreement is for "Excursion Boats" to operate a charter for their customers to embark and disembark at Veterans Park located at 802 NE 1St Street, Delray Beach, Florida 33483. "Excursion Boat" is defined as a vessel operating upon the inland public waterways within the City, transporting one or more passengers for a fee, and which is controlled by a person or firm in the business of offering waterborne sightseeing and entertainment. The Revocable License Agreement becomes effective on the date the first permit is issued and terminates on the one year anniversary of such date. "Excursion Boats" are authorized to obtain no more than six (6) one day permits during the term of this Agreement. The "Excursion Boats" agree to pay $300.00 for each one day permit plus applicable state sales tax on the date the permit is issued. Sec. 92.15—Docking License for Excursion Boat Operations An application for a short term excursion boat license shall be made to the Director of Parks and Recreation, and must include the following information: 1. Name, business, address and telephone number of the person/firm operating the excursion boat. 2. Description of each vessel proposed to be utilized as an excursion boat. 3. List of all pilots who will operate excursion boat, including employment history for past five (5) years. 4. Where the excursion boat will be located when not in use. 5. A certificate of insurance showing the City as an additional named insured on a policy or policies insuring each vessel and the business for; Hull and machinery replacement; Third-party and passenger liability -$1,000,000,00; Third-party property damage - $50,000,00; If business has three (3) or more employees, evidence of workers' compensation insurance, including Jones Act Coverage, is required. 6. A copy of occupational license issued by the City if the principal place of business in in the corporate limits of the City. 7. A cashier's check made payable to the City of Delray Beach in the amount of$100.00. "Excursion Boats"have been docking at Veterans Park for many years without any incidents. DISCUSSION City Commission is requested to review and approve the Revocable License Agreement to operate "excursion boats" from Veterans Park in accordance with Section 92.15 of the Code of Ordinances of the City of Delray Beach, Florida. City Commission discretion is requested to designate either the City Manager or the Director of Parks and Recreation the authority to sign this form agreement. OPERATING COST FUNDING SOURCE RECOMMENDATION Staff recommends approval of the Revocable License Agreement with "Excursion Boats" and authorization for the Director of Parks and Recreation to approve agreement as to form after review of the license application. 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 located at ("LICENSEE"). WHEREAS, LICENSEE desires a revocable license to operate excursions and cruises from Veterans Park in accordance with Section 92.15 of the Code of Ordinances of the City of Delray Beach, Florida. This Agreement authorizes LICENSEE to obtain no more than six (6) one day permits during the term of this Agreement; and WHEREAS, CITY finds that allowing LICENSEE to utilize the municipal dock at Veterans park promotes economic development and increases tourism; 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 802 NE 1st Street, Delray Beach, Florida 33483, 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. 2. TERM AND RENEWALS: This Revocable License Agreement becomes effective on the date the first permit is issued pursuant to the terms of this Agreement 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 Parks and Recreation, may terminate this Revocable License Agreement as indicated under Section 11, TERMINATION. 1 3. COMPENSATION: LICENSEE agrees to pay to CITY, as total compensation for the privileges granted herein, $300.00 for each one day permit, plus applicable state sales tax, on the date the permit is issued. LICENSEE shall pay all sales and use taxes levied or assessed under this Revocable License Agreement. LICENSEE shall pay all license and permits fees and charges as required by this Revocable License Agreement to the following: Parks and Recreation City of Delray Beach 50 N.W. 1st Avenue Delray Beach, Florida 33444 4. USE OF LICENSED PREMISES: 4.1 LICENSEE must comply with all requirements of Section 92.15 of the Code of Ordinances of the City of Delray Beach, Florida. 4.2 LICENSEE may obtain no more than six (6) one day permits pursuant to the terms of this Revocable License Agreement. The permit authorizes the operation of LICENSEE's boat from the Licensed Premises for the day specified on the permit between the hours of 8:00 a.m. and 11:00 p.m. LICENSEE shall not moor to the Licensed Premises for longer than sixty (60) consecutive minutes. The captain of LICENSEE's boat shall remain within five (5) feet of the vessel when the boat is loading or disembarking passengers. LICENSEE shall not remove sewage from the vessel while it is docked at the Licensed Premises. All fueling of the vessel shall be done at an off-site facility. At no time shall LICENSEE fuel the vessel while it is docked or moored at the Licensed Premises. 4.3 LICENSEE, its employees, agents, or contractors shall use and occupy the Licensed Premises only for the operation of excursions and cruises. No service of food or alcoholic beverages shall be affected prior to sixty (60) minutes before scheduled departure of the boat. In no event shall full meal service begin until such time as the vessel has entered into the main channel of the Intracoastal Waterway. Except as provided in this paragraph, the service of food and beverages shall be only attendant to cruises; no docked restaurant shall be operated. 4.4 On-site management of the operation shall include at all times such licensed personnel as may be required by the United States Coast Guard. Food and beverages sold to the public shall be of good quality and served in accordance with the Health Department requirements. LICENSEE shall conduct its operations in an orderly manner so as not to unreasonably 2 annoy, disturb, or offend customers, residents, or others in the immediate vicinity of such operations. LICENSEE shall take all reasonable steps to control the conduct, demeanor, and appearance of LICENSEE's employees, invitees, and those doing business with it. Upon objection from CITY concerning the conduct, demeanor, or appearance of any such persons, LICENSEE shall immediately take all reasonable steps necessary to remove the cause of the objection with the assistance of appropriate law enforcement officers, if required. 4.5 LICENSEE's boat shall not at any time have in use loudspeakers or any device to amplify sound, with the exception of an internal intercom system, the sounding of horns for navigational purposes, passenger pickup and discharge for safety related purposes, or in the case of an emergency. LICENSEE shall not at any time, except for safety related purposes, illuminate by spotlight or any other means any of the sights or places of interest located along its route of operation, including, but not limited to, residential dwellings, businesses, or government buildings. 4.6 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. 4.7 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. 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. 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. Should 3 LICENSEE attempt to assign this Revocable License Agreement other than to an affiliate of LICENSEE, then the Revocable License Agreement shall be ter- minated 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. 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. 4 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. 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 Two Million Dollars ($2,000,000.00) 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. Broad Form Property Damage including Completed Operations. 5 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. Crew Coverage. Pollution Coverage. Collision Liability. Strikes, Riots and Civil Commotion. Loss Payee Interest May Appear. Passenger Liability. Dock 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. LICENSEE'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. 6 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 Parks and Recreation, 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. 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. 7 14. 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, 15. 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: Notice to CITY shall be addressed to: Director of Parks and Recreation City of Delray Beach 50 NW 1 st Avenue Delray Beach, FL 33444 Notice to the LICENSEE shall be addressed to: 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 9 21. 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. 22. 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. 23. 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 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. 10 24. 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. 25. 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. 26. 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. 27. MULTIPLE ORIGINALS: This Revocable License Agreement may be executed in four (4) copies, each of which shall be deemed to be an original. 28. 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 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 11 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. 29. 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 Revocable License Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form: City Attorney WITNESSES: LICENSEE By: Print Name: Print Social Security No.: or Federal Tax .No.: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , 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 13 A6 F C NE I ST. i r. 1 � Licensed Premises Ou EL t ,. Y!f 1 <. ATLAwn AVE. Cp WL q {; f CITY of DELfAY BEH VETERANS PARK d�1Ea� rlo, ENVFJONMENTAL SERWMS DEPARTMENT SITE J 104 SCAM 4M n M AMOV,VELAAY WALK MAFOA U4" 2012-200 1 of 1 j r aI IT 6b�9� CITY OF DELRAY BEACH EXCURSION BOAT APPLICATION REQUIREMENTS Check List The name, business address and telephone number of the person or firm operating the excursion boat business. If a corporation or partnership, include the names of all Directors, officers or partners, where applicable. A description of each vessel proposed to be utilized as an excursion boat. A copy of the Florida Vessel Registration. A copy of the United States Coast Guard Certificate of Inspection. A list of all pilots who will operate the excursion boat, including their names, addresses, employment history over the past five (5) years. Copies of the United States Coat Guard License(s) for the class of vessel each pilot will operate. Where the excursion boat will be located when not in use. A certificate of insurance showing the City as an additional named insured on a policy or polices insuring each vessel and the business for; Hull and machinery replacement Third-party and passenger liability- One million dollars ($1,000,000.00) for each boat — Third-party property damage - Fifty thousand dollars ($50,000.00) per occurrence; and If the business has three (3) or more employees, evidence of workers' compensation insurance, including Jones Act Coverage, is required. All insurance policies must be kept in full force and effect at all times the excursion boat operations tape place. A copy of the occupational license issued by the City if the principal place of business is in the corporate limits of the City. A cashier's check made payable to the City of Delray Beach in the amount of$100.00 Sec. 92.15. - DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS. (A) Excursion boat. As used in this Chapter, the term "excursion boat" is defined as a vessel operating upon the inland public waterways within the City, transporting one or more passengers for a fee, and which is controlled by a person or firm in the business of offering waterborne sightseeing and entertainment. (B) License Required, Enforcement. It shall be unlawful for any person or firm to operate an excursion boat from Veterans Park without first obtaining a license from the City, and paying the required fee for the right to moor to the docks as authorized under the license. (C) [Application Requirements.] An application for a short term excursion boat license shall be made to the Director of Parks and Recreation, and must include the following information: (1) The name, business address and telephone number of the person or firm operating the excursion boat business. If a corporation or partnership, include the names of all Directors, officers or partners, where applicable. (2) A description of each vessel proposed to be utilized as an excursion boat, including a copy of the Florida Vessel Registration and United States Coast Guard certificate of inspection. (3) A list of all pilots who will operate the excursion boat, including their names, addresses, employment history over the past five (5) years, and a copy of the United States Coast Guard license for the class of vessel each pilot will operate. (4) Where the excursion boat will be located when not in use. (5) A certificate of insurance showing the City as an additional named insured on a policy or policies insuring each vessel and the business for: (a) Hull and machinery replacement; (b) Third-party and passenger liability—One million dollars ($1,000,000.00) for each boat; (c) Third-party property damage—Fifty thousand dollars ($50,000.00) per occurrence; and (d) If the business has three (3) or more employees, evidence of workers' compensation insurance, including Jones Act Coverage, is required. All insurance policies must be kept in full force and effect at all times the excursion boat operations take place. (6) A copy of the occupational license issued by the City if the principal place of business is in the corporate limits of the City. (7) A cashier's check made payable to the City of Delray Beach in the amount of one hundred dollars ($100.00). (D) [Application Review.]The Director of Parks and Recreation or his designee shall review all license applications. The Director of Parks and Recreation shall inform the City Manager of a recommendation of approval or rejection on the merits of the application. The approval or rejection of the application for a license shall be based on the applicant's demonstration that it has the proper equipment and personnel to operate a safe and high quality excursion boat operation. No application from the same person or firm whose application has been rejected shall be reconsidered by the Director of Parks and Recreation or his designee within six (6) months from the date of such rejection. (E) [Short-Term Agreement.] Upon approval of the license application by the Director of Parks and Recreation, the person or firm shall enter into a short-term license agreement with the City. After execution of the license agreement, the person or firm may obtain a permit to operate the excursion boat. The fee for each permit is three hundred dollars ($300.00) and authorizes the operation of the excursion boat from Veterans Park for a period of one day during the hours of 8:00 a.m. to 11:00 p.m. (F) [Limits on Short-Term Permits.] No person or firm entering into a short-term license agreement shall receive more than six (6) permits per year. The year shall begin on the date on which the person or firm obtains its first permit. Each permit shall be displayed on the vessel alongside the State commercial registration sticker. (G) [Use of Docks at Veterans Park] The municipal docks at Veterans Park may be used by the excursion boat which has obtained a permit from the City. At the time the excursion boat is loading or disembarking passengers, the captain of the boat shall remain within five (5) feet of the vessel. An excursion boat shall not moor to the docks for longer than sixty (60) consecutive minutes. (H) Revocation or Suspension of a License. A license may be revoked or suspended for any of the following causes: (1) Failure to comply with all State and Federal laws and regulations concerning the vessels of the type utilized by the license. (2) Multiple instances of careless operation of a vessel in violation of State or local laws. (3) Failure to maintain all required policies of insurance in full force and effect. (4) Conviction by the licensee, if a person, or by any Director, officer or partner of the license, if a corporation or a partnership, of a felony violation in this State or violation of the laws of any other State which would constitute a felony violation in this State. (5) Submission of false or incomplete documentation or information required by this Section. (1) [Fueling at Docks Prohibited.] No excursion boats shall fuel while moored at the docks. All fueling shall be carried out at a marine service location. (J) [Loudspeakers, Sound Amplification Prohibited.] No excursion boat shall at any time have in use loudspeakers or any device to amplify sound, with the exception of an internal intercom system, the sounding of horns for navigational purposes, passenger pickup and discharge for safety related purposes, or in the case of an emergency. No excursion boat shall at any time, except for safety related purposes, illuminate by spotlight or any other means any of the sights or places of interest located along its route of operation, including, but not limited to, residential dwellings, businesses or government buildings. (K) [Assignment Prohibited.]A license or permit may not be assigned. (L) Enforcement. This Chapter shall be enforced by the Director of Parks and Recreation and his designees, by the Police Department of the City of Delray Beach, and the City of Delray Beach Code Enforcement Officers. (Ord. No. 18-92, passed 5126/92; Ord. No. 35-11, §§ 1, 2, passed 10/4111) i MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: February 26, 2015 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF MARCH 31,2015 MEMORANDUM OF UNDERSTANDING/BROWARD COUNTY SHERIFF OFFICE: SOUTH FLORIDA INTERNET CRIMES AGAINST CHILDREN BACKGROUND This is a Memorandum of Understanding between the Broward County Sheriffs Office and numerous other law enforcement agencies, to include the Delray Beach Police Department, which is designed to combat crimes and exploitation against children through the use of computers, computer technology, cell phones and the internet. The principle goals of the task force shall be the successful identification, apprehension and prosecution of child molesters, child pornographers, child abusers and sexual offenders who target children. The task force will also identify and assist victims and potential victims of child pornography, computer pornography and child abuse. There is a strong need for this alliance between law enforcement agencies of various jurisdictions since many of the criminals travel between the jurisdictions to commit the crimes. This Memorandum of Understanding will provide the City of Delray Beach, along with the other cities and counties who are participating in the Agreement, with "up to date" knowledge about criminals in neighboring cities and counties, along with the resources to combat the crime. Other than the officers' participation, there is no additional cost to the City. The Memorandum of Understanding will remain in effect until terminated by any party upon notification to the other participating parties. OPERATING COST There is no financial cost to the City of Delray Beach. FUNDING SOURCE RECOMMENDATION The Delray Beach Police Department recommends approval. SOUTH FLORIDA INTERNET CRIMES AGAINST CHILD (ICAC) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-agency task force intended to combat crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity;and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal,civil,and forfeiture actions against identified violators,as appropriate;and WHEREAS, the Broward Sheriff's Office is the recipient of a federal grant disbursed by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment,training, and expenses, including travel and overtime funding,which are incurred by law enforcement as a result of such investigations, NOW THEREFORE,the parties agree as follows: Each of the undersigned law enforcement agencies approve, authorize and enter into this Agreement to implement the South Florida Internet Crimes Against Children Task Force(SF ICAC TF)for the purposes and goals indicated below: Current Parties To This Agreement: The Atlantis Police Department The Attorney General Office(Jacksonville) The Avon Park Police Department The Broward Sheriffs Office The Bal Harbour Police Department The Boca Raton Police Department The Bowling Green Police Department The Boynton Beach Police Department The Broward County School Board Inv Unit The Charlotte County Sheriffs Office The Clewiston Police Department The Coconut Creek Police Department The Collier County Sheriff's Office The Coral Gables Police Department The Coral Springs Police Department The Davie Police Department The Delray Beach Police Department The Florida Department of Law Enforcement The Fort Lauderdale Police Department The Fort Myers Police Department The Hallandale Police Department The Hendry County Sheriff s Office The Hialeah Police Department The Hollywood Police Department The Indian Creek Village Police Department The Indian River County Sheriff's Office The Jupiter Police Department The Key Biscayne Police Department The Key West Police Department The Lantana Police Department The Lauderhill Police Department The Lee County Sheriffs Office The Margate Police Department The Martin County Sheriffs Office The Miami Police Department The Miami-Dade Police Department The Miami-Dade School Police Department The Miramar Police Department The Monroe County Sheriff s Office The Palm Beach County Sheriff s Office The Palm Beach Police Department The Palm Beach Gardens Police Department The Palm Beach School District Police Department The Pembroke Pines Police Department The Plantation Police Department The Port St.Lucie Police Department The St.Lucie County Sheriffs Office The Sebastian Police Department The State Attorney's Office 16'h(Monroe County,Key West) The State Attorney's Office IS*(Palm Beach County) The State Attorney's Office 17t"(Broward County) The State Attorney's Office 190�(St.Lucie,Okeechobee,Martin County) The Sunrise Police Department The Tequesta Police Department The Vero Beach Police Department The West Palm Beach Police Department The Wilton Manors Police Department Additional parties may enter into this Agreement at a later date upon signing the Agreement upon the approval of the Broward Sheriffs Office Task Force Commander. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to all Parties to the Agreement, MISSION The Task Force is to effect dedicated intensive investigative,proactive and general law enforcement efforts primarily with regard to the investigation of the criminal exploitation of children committed by or through the use of computers, computer technology,cellular telephones, and the Internet. Such crimes include,but are not limited to, the procuring, collection,transfer or distribution of child pornography, and, the luring, seduction or enticement of a child for sexual purposes through computer on-line services, bulletin board services, or Internet services. The principal goals of the Task-Force shall be the successful identification, apprehension and prosecution of child molesters, child pornographers, child pornography collectors or distributors, child abusers, and preferential sexual offenders who target children. The Task Force shall strive to prevent the victimization and sexual exploitation of children by also educating the public via Internet safety presentations. The Task Force shall also identify and assist victims and potential victims of child pornography, computer pornography and child abuse. Such efforts shall include, but are not limited to, covert undercover operations designed to detect illegal activity and to identify those involved in such activity including those directing or otherwise controlling organized child pornography rings; the collection and maintenance of an intelligence database identifying known and suspected child molesters, child pornographers, child pornography collectors or distributors, child abusers and preferential sexual offenders who target children; the arrest and prosecution of those involved (utilizing state and federal prosecutions, as appropriate); the seizure and forfeiture of assets of those engaged in such activity or 2 otherwise supporting such activity (utilizing state and federal forfeiture options, as appropriate); and the referral of investigative leads and intelligence to such other federal, state, or local law enforcement authorities as may be required and appropriate under the Task Force's operations. The Parties to this Agreement are contributing personnel and resources in support of the Task Force efforts, with the operations of the Task Force being coordinated with the Broward Sheriffs Office and other Task Force members. JURISDICTION The principal sites of the Task Force activity shall be our Areas of Responsibility(AOR)that include the cities within our counties of; Broward County, Miami-Dade County, Palm Beach County, Monroe County, Martin County, Glades County, Indian River County, Saint Lucie County,Lee County, Charlotte County, Collier County, and Hendry County, Florida. Nothing in this Agreement shall be construed as to grant jurisdiction outside a Task Force member's normal territorial boundaries. The appropriate federal and/or state authorities will be contacted should an investigation extend outside the jurisdiction of the respective Task Force agency. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an employee of the Participating Task Force agencies. COMPOSITION AND SUPERVISION The undersigned agencies agree that the Broward Sheriff's Office as the grant recipient shall be the lead agency of the Task Force. The Broward Sheriffs Office Task Force Commander will be responsible for determining the equipment,personnel,and training needs of the Task Force. The day-to-day operational decisions for individual cases will be the responsibility of the originating agency. However, all cases will be monitored by the Broward Sheriffs Office. Furthermore, the authorization of overtime,the purchase of equipment and any other expenditures will be the responsibility of the Broward Sheriffs Office(as the grant recipient), to the extent that these costs will be funded - as permitted-by the federal grant disbursed by OJJDP. All personnel participating in Task Force operations and the equipment utilized by such personnel as provided by the Broward Sherrff s Office will be under the supervision, direction and control of a Task Force Supervisor(s), who will be one member of the Broward Sheriffs Office. Standard Operating Procedures will be further guided by the OJJDP Internet Crimes Against Children (ICAO) Guidelines which are attached and incorporated herein as Exhibit "A." In no event will a Task Force member be expected or required to violate or otherwise fail to maintain restrictions or Iimitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. Upon written notification to all Parties, a Party to this Agreement may otherwise add, substitute,reinstate, or replace any of its sworn or support employees participating in the Task Force. However,the Task Force Commander may request that a particular sworn member or support person assigned to the Task Force no longer be allowed to participate in the Task Force. LIABILITY AND COST-RELATED ISSUES Each Party to this Agreement agrees to assume its own liability and responsibility, as outlined below, for the acts, omission, or conduct of such Party's own employees while such employees are engaged in Task Force operations. Each Party agrees to maintain its own comprehensive general liability insurance, professional liability insurance, automobile liability insurance and workers' compensation insurance policies or maintain a self- 3 insuring fund or the term of this Agreement in the amounts determined by each Party to adequately insure such Party's liability assumed herein, but in no event.shall such coverage be less than the amount of statutory waiver of sovereign immunity. Each Party agrees to provide the other Parties with proof of insurance (comprehensive general liability, professional liability, automobile liability and workers' compensation) or proof that the Party maintains a self-insurance fund consistent with F.S.S. Chapter 768.28. Each Party(indemnitor)hereby shall,to the extent permitted by law, indemnify from any liability and hold harmless the other Parties(indemnities),their employees,agents,or servants against liability including,but not limited to, court costs and attorneys' fees,arising from any actions, causes of actions, suits,trespasses, damages,judgments,executions, claims,and demands of any kind whatsoever, in law or in equity,brought against the indemnities, their employees, agents, and servants as a result of the indemnitor, its employees, agents or servants' negligent acts or negligent omissions, while acting within the scope of their employment. Each Party will at all times be entitled to the benefits of sovereign immunity as provided in F.S.S. 768.28 and common law. Nothing contained herein shall be construed as a waiver of sovereign immunity. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, resources and facilities to render services to each other Party to this Agreement in order to affect the purposes of the Task Force and agrees to bear the cost of loss or damage to such equipment, vehicles, or property. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources. This provision shall not preclude necessary property,resources-or costs being purchased or funded via legally vested Task Force funds,if agreed to by the Parties. Each participating agency shall compensate its employees during the time they participate in Task Force operations and shall defray the actual expenses of its employees while so engaged, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in Task Force operations. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an Agency when performing the employee's duties shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. This provision shall not preclude payment of compensation(including overtime compensation), if allowed,through the use of legally vested Task Force funds,as agreed to by the Parties. FORFEITURE ACTIONS No funds or other property seized by Task Force operations are to be utilized by any Task Force agency prior to successful forfeiture or, if no forfeiture is pursued, until title or interest in the property otherwise vests in one or more Task Force agencies by operation of law. Forfeiture actions based upon seizures made by the Task Force may be pursued in either state or federal actions. Actions shall be based upon current statutory and case law. The Parties agree that the local Sheriffs offices', which are signatories to this Agreement, by and through their attorneys, will be primarily responsible under this Agreement for pursuing all Task Force forfeiture actions on behalf of all of the Parties in state court when a seizure occurs in that particular Sheriffs jurisdiction. However, this provision shall not preclude the use of other forfeiture attorneys or personnel as needed on particular matters. Distribution of the proceeds from successful forfeiture actions shall be equitable among the Parties to this Agreement and shall take into account their relative roles in support of the efforts of the Task Force unless an alternate distribution allocation among the Parties has been agreed to. Any Party to this Agreement may request copies of forfeiture complaints and pleadings tiled by reason of Task 'Force seizures and such copies shall be promptly provided to the requester. All decisions regarding forfeiture proceedings shall remain with the agency (county or state), depending on which agency would be filing for forfeiture if an action is 4 instituted. However, if any legal dispute or concern as to the form or sufficiency of forfeiture actions or other action proposing to vest the interest of Task Force agency(ies)in seized cash or property is raised by any of the Parties to this Agreement, an attempt to resolve the issue through informal discussion and contact shall be made. In the event any Party to this Agreement believes there is no legal sufficiency upon which to pursue the forfeiture of particular seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf of the Task Force is to be filed. All options available to state and local law enforcement agencies with regard to unclaimed evidence or abandoned property,gifts and plea agreements are available to the Task Force, provided the property under consideration otherwise qualifies under law for such consideration. RECORDS AND REPORTS The Parties to this Agreement agree to forward a copy of all Task Force reports via USPS mail, email communication, or fax which will be maintained by the Broward Sheriffs Office. All Task Force reports will utilize the "LC" (acronym for LEACH-Law Enforcement Against Child Harm) or the case numbers from the ICAC Stats database which identify reports as Task Force case investigations. All original case reports/evidence will be maintained by the lead-investigating agency for each individual case. A copy of the Child Notification Form will be sent to the Broward Sheriffs Office as a case summary to be placed on file for auditing purposes, OJJDP INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM GUIDELINES The Parties to this Agreement acknowledge that they have received and reviewed the attached Office of Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crimes Against Children (ICAC) Task Force Program Guidelines. The guidelines were promulgated for use in connection with funds dispensed by the Broward Sheriffs Office (BSO) under the 1998 federal OJJDP Internet Crimes Against Children Grant awarded to BSO. The guidelines specify how Task Force investigations may be conducted, and include provisions on Case Management, Workspace and Equipment, Case Predication and Prioritization, Record Keeping, Undercover Investigations, Evidence Procedures, Information Sharing, Supervision, Selection of Personnel, Prevention and Education Activities,Media Releases,and the Task Force Review Board. The guidelines are specifically incorporated herein by reference and are attached hereto, and by entering this Agreement, the Parties agree to abide by all covenants, restrictions, limitations, and guidelines contained therein and conduct all investigation in accordance thereto. Failure to abide by said guidelines will result in the removal of said Task Force member or the participating agency from the Task Force. In the event that a Task Force member's employing agency's own rules, protocols, procedures or guidelines are discovered to be in conflict with, and are more restrictive in application than the OJJDP Task Force Program Guidelines, that Task Force member shall immediately notify the Task Force Commander and that Task Force agency shall not be required to aid or assist in the investigation. In no event will a Task Force member be expected or required to violate or exceed or otherwise fail to maintain restrictions or limitations imposed by law, or the member's employing Agency's rules, standards, or policies while the member engages in Task Force operations. In accordance with the OJJDP grant disbursed to the Task Force through the Broward Sheriff's Office, the OJJDP may order a review and audit of Task Force operations with regard to the seizure and handIing of all evidence,property, or cash or any other aspect of Task Force operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. INTERPLAY WITH STATE AND FEDERAL AUTHORITIES The Parties to this Agreement recognize that the United States Department of Justice and the United States Customs Service have requested that the efforts of the Task Force be closely coordinated with federal authorities having interests in child pornography investigations and child exploitation investigations involving the use of computers and the Internet. 5 The Parties to this Agreement further recognize that investigations of this nature may involve violations of law in other state jurisdictions. In the event that a Task Force member determines that the investigation involved is outside of their jurisdiction or outside the Task Force's AOR, he/she shall immediately notify the Task Force Commander. The regional ICAC Task Force authority outside of the AOR or sister state shall then be notified in accordance with OJJDP policy guidelines and appraised of the facts of the investigation. COMPLAINTS AGAINST TASK FORCE MEMBERS Whenever a complaint has been lodged as a result of Task Force efforts, the Task Force Commander or Second shall ascertain at a minimum; The identity (ies) of the complainant(s) and an address where the complainant(s) may be contacted, the nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about, the identity (ies) of the Task Force participant(s)accused and the employing Agency(ies)of the participant(s)accused. The Task Force Commander or Second will promptly provide to each affected employing Agency the above information for administrative review and appropriate handling or disposition. Each affected employing Agency shall, upon completion of said review,notify the Task Force Commander or Second of its findings and any actions taken. OBLIGATION TO COORDINATE WITH PROSECUTOR'S OFFICE The principal goal of this Task Force is the successful prosecution of criminal violators. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the Task Force are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to,prompt responses to requests from prosecutors for information or assistance in handling Task Force generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. Civil or administrative actions derived from Task Force operations are likewise to receive coordinated support efforts from Task Force members. The Task Force Commander or Second shall monitor the efforts of Task Force members in support of criminal prosecutions, civil actions, administrative actions and forfeiture cases. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the Task Force to assure the expected level of support from Task Force members is occurring. Failure by a member of the Task Force to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the Task Force. COPY TO EACH PARTICIPATING TASK FORCE MEMBER When this Agreement is fully executed,a copy shall be provided to each Task Force member so that each member may be fully aware of the powers,limitations,and expectations applicable to Task Force members and operations. TERM OF AGREEMENT This Agreement shall be effective as to the executing Parties upon execution by the Broward Sheriff's Office and at least one other participating Agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. This Agreement may be duplicated for dissemination to all Parties,and such duplicates shall be of the same force and effect as the original. 6 This Agreement shall remain in full force as to all participating Parties unless otherwise terminated as provided herein. This Agreement may be terminated upon the consent of all participating Parties. Any Party may withdraw its individual participation upon notification to all participating Parties. IN WITNESS WBEREOF,the Parties hereto sign on the date specified. For the Broward County Sheriff's Offlee --5r-4 t( . h �11 ,C' Scott Israel,as Sheriff eftjo,w d County Date: r Approved as to form and legal sufficiency subject to execu ' y the parties. Date: " T Ronal unrburger,General Counse Browar heriff Office 7 SOUTH FLORIDA INTERNET CRIMES AGAINST CHILDREN (ICAC) OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING (MOU) For Agency Name Here DELR&Y BEACH POLICE DEPARTMENT Authorized eepresentative Printed Name: Jeffrey S. Goldman, Chief of Police Date: CITY OF DELRAY BEACH ATTEST: By: By: Cary Clickstein, Mayor Chevelle Nubin City Clerk Approved as to form and legal sufficiency: Noel Pfeffer, City Attorney LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE • �tM avg�s�'�1 Internet Crimes Against Children Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 1 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Table of Contents Definitionsof Terms........................................................................................................... 3 1. Purpose of the ICAC Standards................................................................................. 5 2. ICAC National Program ........................................................................................... 6 3. Oversight of the ICAC Program................................................................................7 4. Selection and Retention of Task Force Members...................................................... 8 5. Training...................................................................................................................... 9 6. Case Management.................................................................................................... 10 7. Task Force Reporting Requirements to OJJDP....................................................... 11 8. Investigations........................................................................................................... 12 9. Work Environment................................................................................................... 14 10. Victim Identification................................................................................................ 15 11. Public Awareness and Community Outreach.......................................................... 16 12. Media Relations and Media Releases...................................................................... 17 ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 2 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Definitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such, where any term defined below is capitalized in these Standards,the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards, the Standards are referring to that term as it is used generally in the field of law enforcement. "Affiliate"or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or State ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel" are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the DOJ. "Crime" is any offense (or group thereof)that involves (or involve)the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconflict" is a process whereby Members are able to submit Investigative information to each other and/or to ICAC-related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ" is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2414 Page 3 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment" is any device or tool—including but not limited to computers,phones, and online accounts and services --purchased or obtained for use in ICAC-related matters. "ICAC" is the Internet Crimes Against Children Program, a national program composed of state and regional Task Forces. "Images"are visual depictions in any form (image or video/printed or digital) of child sexual exploitation as defined by federal and/or state statute. "Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating" and"Investigative"are used within the same context. "Investigative Persona"—any identity established or created by an Employee to aid an Investigation. "Investigator" is a Member who is a part of the Sworn Personnel of a Task Force. "Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant and is designated by OJJDP to act as the lead agency for the corresponding Task Force. "Member" is a Lead or Affiliate Agency's employee who is either Sworn Personnel or Authorized Personnel and who has been designated to work on ICAC-related matters for his/her respective agency and Task Force. "National Initiative" is any proposal that relies on the cooperation and resources of a significant number of Task Forces and, accordingly,has been approved by OJJDP "NCMEC" is the National Center for Missing and Exploited Children. "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ. "Supervisor" is a Member who has been designated by his/her respective agency to supervise Investigations and other ICAC-related matters. "Standards" are all of the provisions of these, the ICAC Operational and Investigative Standards. "Sworn Personnel"are Members with powers of arrest. "Task Force" is the Lead Agency and its Affiliate(s) (combined) as designated by OJJDP for a particular state or region. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 4 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide administration and operation of ICAC and its Members when working on ICAC-related Investigations and matters. ICAC Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and laws vary widely between jurisdictions—their genesis; methods for their evidentiary pursuit; and their application within court—it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors (e.g., emergency situations; timing constraints; accessibility constraints; resource constraints; technology constraints; perceived conflicts between the Standards and statutes, decisional law, and court orders; et cetera). Should questions regarding the interpretation of these Standards arise or conflicts occur between these Standards and agency policies or law,the subject Commander faced with the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical decision-making. Commanders may supplement, but not contradict, these Standards in the written agreements they establish with their Affiliates to promote the effective operation of their Task Forces. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 5 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children Task Force Program (ICAO) helps state and Iocal law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and Internet crimes against children. This support encompasses forensic and investigative components, training and technical assistance,victim services, prevention and community education. 2.2 ICAO Background The Internet Crimes Against Children Program(ICAO} is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to online child victimization—including responses to child sexual abuse images (Images), The ICAC Program has increased law enforcement's capacity to combat technology facilitated crimes against children at every level. The ICAC Program was developed in response to the increasing number of children and teenagers using the Internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. Because ICAC Members understand that arrests alone cannot resolve the problem of technology-facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement officers and prosecutors, as well as educating parents and youth about the potential dangers of online activity. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 6 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Task Force Program and the administration of ICAC grants is the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency, both Lead and Affiliate, falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall ensure that each Member in his/her Affiliate Agency receives a copy of the Standards. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental or Task Force employee assistance programs and services available to them. ICAO Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 7 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior investigative experience, courtroom testimony skills,technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations and exposure to Images. When practicable,they shall attempt to mitigate the potential effects of the work using, for example,the following techniques: • Work environment considerations — Commanders and Supervisors are encouraged to provide a physical location for the work environment that allows the Investigator to conduct discreet Investigations. • Work flexibility — Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Images (e.g., frequent breaks, having an open-door policy, etc.). • Educating colleagues—Commanders and Supervisors are encouraged to teach their colleagues that the viewing of Images is serious and restricted. • Work with Mental Health Providers (MHP) —In compliance with their agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of Images. • Training-- Commanders and Supervisors are encouraged to share or seek out best practices for minimization of the impact of Images and to promote attendance at trainings regarding methods used to minimize said impact. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16, 2014 Page 8 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training 5.1 Carefully-managed Investigations conducted by well-trained Investigators are among the most effective techniques available to law enforcement for addressing Crime. 5.2 All national training curricula supported by ICAC resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.3 Commanders shall ensure that nominees to attend any ICAC-sponsored national in-person training are current Members. 5.4 Task Forces may develop and deliver Task Force training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force or Affiliate providing the Task Force training. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 9 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk,jurisdiction, known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 10 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi-annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP-designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the IOth of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit information on all cases referred for local, state, or federal prosecution. Information is required for all cases referred by the Lead Agency, as well as all Affiliates that received more than $20,000 a year in OJJDP ICAC funding, and any Affiliate the Commander selects to include. The case reporting requirement is ongoing and begins with the prosecutorial agency the case is referred to and continues through the final disposition of the case. 7.3.1 This ongoing quarterly report shall be submitted within 30 days of the end of the quarter. 7.4 Commanders shall compile and submit an annual report which details each of their Affiliates. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.4.1 The name of each Affiliate Agency. 7.4.2 The staffing level of each Affiliate including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. 7.4.3 This ongoing annual report shall be submitted within 30 days of the end of the calendar year. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 11 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and constitutional requirements. 8.2 Only Sworn Personnel shall conduct Investigations. 8.2.1 Authorized Personnel acting under the direction and supervision of Sworn Personnel may participate in Investigations. 8.2.2 Members shall not approve, condone, encourage, or promote cyber- vigilanteism by private citizens. As such, Members shall not use unauthorized private citizens to proactively seek out Investigative targets. 8.2.3 The above section (8.2.2) shall not preclude the use of information related to a Crime provided by victims or public citizens who discover evidence (e.g., CyberTip reports, mandated reports from professionals, computer repair shop complaints, parental complaints, et cetera). Nor does it preclude the use of authorized over-hears or other similar investigative methods designed to further an Investigation. 8.3 Investigations shall be documented. Any departures from this provision due to unusual or exigent circumstances shall be documented in the relevant case file and reviewed by the Supervisor. 8.3.1 The retention,storage,security,and disposal of Investigative or case information shall be consistent with the subject agency's policies and federal and state law regarding same. 8.3.2 Access to Investigative case files shall be restricted to Authorized Personnel. 8.4 Members shall not electronically upload, transmit, or forward any Images. 8.4.1 Section 8.4 shall not prohibit the transfer of evidence between Investigators as provided for by sections 8.9 and 8.10 of these Standards nor shall it prohibit the submission of Images to CVIP as provided for by section 10.1 of these Standards. 8.5 Visual depictions of any identifiable person used to represent an investigative persona or any identifiable minor, shall be only those of an Employee who has given his or her written consent and only if that Employee was at least 18 years old at the time of consent. Further,the depictions themselves may be of that Employee under the age of 18. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 12 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8.6 Absent prosecutorial input to the contrary, during online dialogue, officers shall allow the Investigative target to set the tone, pace, and subject matter of the online conversation 8.6.1 The above section (8.6) shall not be construed to prohibit Investigators from performing any of the following activities when initiating or conducting an Investigation: (a) posting information including visual depictions (image or video/printed or digital) to establish an online presence, (b)placing advertisements or posts, or (c) sending messages. 8.6.2 Members shall familiarize themselves with relevant state and federal law, including but not limited to those regarding the defense of entrapment, and should confer with relevant prosecutors for legal consultation, as needed. 8.6.3 Members planning large-scale(multi-target)operations shall advise the Commander and shall consult relevant prosecutors regarding the operation. 8.7 The examination of digital storage devices shall be performed consistent with the subject agency's protocol. 8.8 Images shall be maintained pursuant to the subject agency's policy. 8.8.1 Absent a court order specifically ordering otherwise, evidence containing Images shall not be released to any defendant or representative thereof. 8.9 Absent exigent circumstances, all Members' case referrals between jurisdictions shall include: • Notification to and acceptance by the Commander(s) of both jurisdictions that are involved in the referral; • A secure (i.e., digitally-protected) copy of the case file; • An official Investigative report or affidavit containing case details; and, Documentation, preferably the original, of all legal process conducted and all compliance with same, especially those documents related to the issue of jurisdiction and identification of suspect(s). 8.10 The transfer of evidence containing Images among law enforcement shall be done in a secure manner. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 13 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 9. Work Environment 9.1 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall be used in accordance with their respective agency's policies. 9.2 When practicable, Equipment which might be used in undercover aspects of an Investigation shall be purchased covertly. 9.3 No personally-owned Equipment shall be used in Investigations. 9.4 Software shall be properly acquired and licensed. 9.5 Investigations shall be conducted in an approved work environment as designated by a Commander or Supervisor. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 14 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 10. Victim Identification 10.1 Identifying child victims of Crime is a critical element of the ICAC Program. DOJ and OJJDP require the Lead Agencies and Affiliates to submit Images to CVIP as a means to improve child victim identification. Absent exigent circumstances,Images shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead Agencies and Affiliates are encouraged to collaborate with NCMEC in their effort to identify children depicted in Images. 10.2 Absent exigent circumstances,victim-identifying information shall be protected from public disclosure pursuant to the protections set forth in federal and state Iaw. 10.3 Lead Agencies and Affiliates shall adhere to local, state, and federal laws regarding mandated reporting,victim notification, and victim assistance. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 15 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 11. Public Awareness and Community Outreach 11.1 Public awareness activities and community outreach are a critical component of ICAC. Lead and Affiliate Agencies shall foster awareness and shall provide practical relevant guidance to children, parents, educators, and others concerned with child safety. 11.2 Presentations to school personnel, parents, and community groups are excellent ways to promote awareness. These presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss confidential Investigative techniques. 11.3 Members shall not endorse any product or service without the express written consent of an OJJDP Program Manager. While making public presentations, Members may indicate a preference for a product or service, but, where done, shall avoid an implicit endorsement and shall include alternatives in the presentation. 11.4 Materials and presentations shall be consistent with ICAC's mission and background, as enumerated in Section 2 of these Standards. ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,201.4 Page 16 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12. Media Relations and Media Releases 12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning ICAC operations shall not include information regarding confidential Investigative techniques, and shall be coordinated, when applicable, with the law enforcement agencies involved with the subject Investigations, in a manner consistent with sound information management and sound media relations practices. 12.2 Commanders and Supervisors may speak to members of media about their own agency's ICAC-related activities per the terms of their agency's policy on such media relations. No individual affiliated with ICAC may speak on behalf of the national ICAC Program without the express written consent of OJJDP. 12.3 Commanders shall inform their OJJDP Program Manager if approached by national media outlets about the national ICAC Program (as opposed to media seeking information about local activities) so that a coordinated national response can be prepared by OJJDP. 12.4 Information provided by Task Forces to the media shall be consistent with ICAC's mission and background, as described in Section 2 of these Standards. End of ICAC Standards ICAC Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised Update: October 16,2014 Page 17 of 17 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: March 9, 2015 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF MARCH 31,2015 MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY: CHILD ABUSE PROTECTIVE INVESTIGATIONS PROTOCOL BACKGROUND The purpose of the Palm Beach County Child Abuse Protective Investigations Protocol Memorandum of Understanding is to coordinate services to the families of Palm Beach County through cooperation, collaboration and the sharing of appropriate information by agencies within this jurisdiction. All parties involved in this Memorandum of Understanding assume partial or full responsibility for conducting certain components of protective investigations. Specifically, the Child Abuse Protective Investigations Protocol establishes operational procedures for the joint investigation of child abuse reports in Palm Beach County, Florida. The joint operational procedures for Child Abuse Protective Investigations Protocol will provide standard, consistent and thorough investigations, maximize the resources through a joint investigative process, minimize the number of interviews for children who are victims of abuse or neglect, through a Judicial Administrative Order and allow for the orderly collection of evidence in the criminal investigative process. It will also ensure the provision of appropriate services when deemed necessary for children and their families and provide a forum for on-going training, communication and resolution of issues involving family safety in the community. In addition, it will foster an effective collaboration among law enforcement, the Office of the State Attorney, the Judiciary, Domestic Violence providers, Child Protection Team, local school system, the Department of Juvenile Justice, the Department of Children and Families and the Medical Examiner. FUNDING SOURCE There is no cost to the City of Delray Beach. RECOMMENDATION The Delray Beach Police Department recommends approval. MEMORANDUM OF UNDERSTANDING Protective Investigations Palm Beach County Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Child Protection Team Delray Beach Police Department Department of Children & Families Florida Atlantic University Police Department Florida Highway Patrol Greenacres Public Safety Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach County School District Police Department Palm Beach County Sheriff's Office Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department State Attorney Tequesta Police Department Town of Palm Beach Police Department West Palm Beach Police Department The agencies named in this document agree to the following: 1 PURPOSE The purpose of this Memorandum of Understanding is to coordinate services to the families of Palm Beach County through cooperation, collaboration, and the sharing of appropriate information by agencies within this jurisdiction. To the extent set forth in this Memorandum of Understanding or the written protocol originally established by the Community Alliance of Palm Beach County in the Child Abuse Protective Investigation Protocol Final Report, revised March 2005, and then again revised in August 2014, which is attached to and incorporated by reference, all parties assume partial or full responsibility for conducting certain components of protective investigations. Specifically, the Child Abuse Protective Investigations Protocol establishes operational procedures for the joint investigation of child abuse reports in Palm Beach County, Florida, in order to: 1. Provide standard, consistent and thorough investigations; 2. Maximize the resources through a joint investigative process; 3. Minimize the number of interviews for children who are victims of abuse or neglect; 4. Allow for the orderly collection of evidence in the criminal investigative process; 5. Ensure the provision of appropriate services when deemed necessary for children and their families; and 6. Provide a forum for on-going communication and resolution of issues involving family safety in this community and foster an effective collaboration among ■ Law Enforcement ■ Office of the State Attorney ■ Judiciary • Domestic Violence Providers • Child Protection Team • Palm Beach County School District ■ Department of Juvenile Justice (DJJ) ■ Department of Children and Families (DCF) ■ Medical Examiner 2 Palm Beach County Child Abuse Protective Investigations Protocol }3,`s A collaborated countywide protocol implemented to protect the children of Palm Beach County - Originally released November 2002 by the Law Enforcement Planning Council, District 9 - Department of Children and Families, Palm Beach County's Sheriff Office, Child Protection Team, and the Office of the State Attorney 15th - Judicial Circuit Revised -August 2014 PALM BEACH COUNTY CHILD ABUSE PROTECTIVE INVESTIGATIONS PROTOCOL (revised August 2014) TABLE CONTENTS Introduction/Overview ......................................................................................3 Historical Background ....................................................................................4 Protocol Initial Response Checklist ................................................................5 Law Enforcement Protocol ..................................................................................b Rapid Response Team Protocol ...........................................................................I 1 Administrative Order NO. 4.501 --7/12 ................................................................12 Department of Children and Families District Specific Protocol .....................................14 Child Protection Team Protocol ..........................................................................15 Management Oversight Structure ........................................................................19 • Specialist and Training Team • Rapid Response Team DCF Notification Protocol for Domestic or Dating Violence Investigations ........................21 Child Abuse Protocol Initial Response Checklist ......................................................23 Rapid Response Team Information Sheet ..............................................................25 Acknowledgements ..................................................................................2b • August 2014 update protocol document 4 PALM BEACH COUNTY CHILD ABUSE PROTECTIVE INVESTIGATIONS PROTOCOL (revision August 2014) INTRODUCTION/OVERVIEW The purpose of the Palm Beach County Child Abuse Protective Investigations Protocol is to coordinate services to the families of Palm Beach County through cooperation, collaboration, and the sharing of appropriate information by agencies within this jurisdiction. This Palm Beach County Child Abuse Protective Investigations Protocol was revised with updates in August 2014. To the extent set forth in this written protocol that was established by the Community Alliance of Palm Beach County in the Child Abuse Protective Investigation Protocol Final Report, revised July 2002, all parties assume partial or full responsibility for conducting certain components of protective investigations. Specifically, the Child Abuse Protective Investigations Protocol establishes operational procedures for the joint investigation of child abuse reports in Palm Beach County, Florida in order to: 1. Provide standard, consistent and thorough investigations, 2. Maximize the resources through a joint investigative process, 3. Minimize the number of interviews for children who are victims of abuse or neglect, 4. Allow for the orderly collection of evidence in the criminal investigative process, S. Ensure the provision of appropriate services when deemed necessary for children and their families, and 6. Provide a forum for on-going communication and resolution of issues involving family safety in this community and foster an effective collaboration among: • Law Enforcement • Office of the State Attorney • Judiciary • Domestic Violence providers • Child Protection Team • Local school system • Department of Juvenile Justice (DJJ) • Department of Children and Families (DCF) • Medical Examiner Key elements of the Palm Beach County Abuse Protective Investigations Protocol include the following: 1. A countywide policy (General Order) — Memorandum of Understanding between the Law Enforcement Planning Council, the Palm Beach County Sheriff's Office, the State Attorney's Office, the Department of Children and Families, Community Alliance, and others on an as needed basis. 5 2. An Administrative Order covering interviews of young victims in child and sexual abuse cases was updated by the Chief Judge, 3. Mandatory protocol training of law enforcement and DCF personnel. 4. Countywide agreement that all law enforcement agencies must: a. Classify and respond to Child Abuse calls as `Priority Calls'. b. Adopt and implement the Palm Beach Child Abuse Protective Investigations Protocol. c. Actively investigate the criminal aspects of a child abuse report specifically pursuant to Florida Statutes, Chapters 39 and 827. d. Designate a Law Enforcement Liaison within their agency. e. Agree to cross jurisdictions to investigate/interview, when appropriate. f. Request mutual-aid, when needed. S. DCF will provide access to their database, known as the Florida Safe Families Network(FSFN), to all PBC Law Enforcement Agencies. The FSFN captures child abuse investigations and information. The DCF database will serve as a means for Law Enforcement to retrieve information pertinent to their cases for criminal prosecution and prior histories of involvement with DCF. 6. The regular protocol meetings for law enforcement and DCF protocol liaisons, the regular protocol meetings for law enforcement liaisons and DCF team members and the protocol oversight team. 7. A designated staff, contributed by the Office of the State Attorney, to coordinate and facilitate the operations of the protocol teams and overall protocol communications. HISTORICAL BACKGROUND On January 14, 2002, the Community Alliance of Palm Beach County established a collaborative community workgroup to research and develop a better delivery system for child abuse protective investigations in Palm Beach County. The Community Alliance stipulated that any new delivery system developed by the workgroup must involve best practices and a single management structure to ensure accountability. The Community Alliance formed a Protective Investigations System Design Workshop and directed the workgroup to develop a: 1. Program model/design that includes clear and specific roles and responsibilities for all parties. 2. Wiring diagram, which outlines specific detail of the system. 3. Management system that has specific and clear accountability, responsibility, and integrates data for oversight. 4. Model where the police chiefs, the sheriff, and designated players work together within the same system. S. Integrated database for protective investigations accessible to both law enforcement and DCF Child Protective Investigators. 6. Specific training design and training structure for all parties. 7. Budget and funding resources to support system. 8. Plan for independent evaluation process and outcomes. 6 The Protective Investigations System Design Workgroup was comprised of individuals with decision- making authority from the Law Enforcement Planning Council, the Palm Beach County Sheriff's Office, the Department of Children and Families, the State Attorney's Office, the Child Protection Team, the Children's Services Council; and Child & Family Connections. Community Alliance members chaired and facilitated the workgroup process. The workgroup met approximately twelve times (2-3 hours sessions) from January 24, 2002 to June 7, 2002. Direct-line staff members (i.e., patrol officers, detectives, dispatch, protective investigators) were brought into the design process on April 8, 2002 to review and critique the system design and collaborative response procedures. Input received during the critique session was incorporated into the system design. The outcome products produced by the Protective Investigations System Design Workshop included; 1. A detailed wire diagram outlining a collaborative protocol for child abuse investigations in Palm Beach County; 2. Detailed response procedures for both law enforcement officers and DCF Protective Investigators; 3. Training timelines and competencies needed by cadets/trainees, first responders, and child abuse specialists; 4. An integrated countywide database for child abuse investigations (i.e., Child Safety Review Database); 5. A three-tier management and oversight structure for the new child abuse investigation system; b. Accountability measures needed and required for a quality collaborative countywide child abuse investigative system; 7. Key elements needed for system implementation; and 8. Acknowledgements for workgroup members. The outcome protocol document was submitted to the Community Alliance for Palm Beach County on June 17, 2002 (revised July 2002) and served as the final report from the Protective Investigations System Design Workgroup and protocol implementation manual. During the year 2013, members of the protocol oversight committee discussed the need to update the protocol to reflect the current system and create a more effective document to train law enforcement and DCF staff. CHILD ABUSE INVESTIGATIONS PROTOCOL INITIAL RESPONSE CHECKLIST The following checklist outlines the response protocol for a child investigation requiring or involving (a) the Rapid Response Team, (b) an immediate response by a law enforcement officer and a child protective investigator, (c) a 24-hour response by a law enforcement officer and child protective investigator, or (d) a 911 or administrative call to law enforcement. **See Checklist on Page 25** 7 LAW ENFORCMENT PROTOCOL INVESTIGATING CHILD ABUSE IN PALM BEACH COUNTY Initial Response A. When the child abuse call comes in through dispatch or 911: 1. Communications (dispatch) will not alter the reported child abuse classification. 2. The responding officer should collect dispatch information. 3. Dispatch should secure the 911 recording for 90 days. 4. Once the officer arrives on the scene and assesses the complaint, he/she shall make a determination whether an investigation is warranted. If an investigation is warranted, the officer must contact the Florida Abuse Hotline at 1-866-LE ABUSE, pursuant to s. 39.201(1). B. When the call comes from the Florida Abuse Line or a Child Protective Investigator, an officer shall be dispatched to conduct a criminal investigation. Dispatch shall not classify call as Assist Other Agency. 1. Upon notification of a report of abuse from the Hotline, DCF shall immediately confirm the venue of the crime and then forward allegations of criminal conduct to the appropriate law enforcement agency in which the alleged conduct has occurred s. 39.301(2)(a). 2. Law enforcement agency shall await telephonic contact from DCF prior to dispatching law enforcement officer. 3. DCF and law enforcement shall coordinate their response. Law enforcement dispatch shall classify the call as a"priority call' . 4. If DCF investigative interview is outside jurisdiction and law enforcement cannot respond, the law enforcement agency will seek assistance from other agencies utilizing Mutual Aid Agreement, 5. Law enforcement will notify the agency with jurisdiction. C. Obtain recent and historical protective investigative reports from the Department of Children and Families. The name of any person reporting child abuse, abandonment, or neglect may not be released to any person other than employees of the Department responsible for child protective services, the central. abuse hotline, law enforcement, the Child Protection Team, or the appropriate state attorney, without the written consent of the person reporting s. 39.202(1). D. Upon arriving at the scene the officer and the Child Protective Investigator (CPI) shall immediately assist each other to assess and secure the alleged crime scene. • When the alleged abuse and neglect has resulted in a child's death, the initial responder shall report such death and circumstances forthwith to the district medical examiner pursuant s. 406.12. • The law enforcement designee shall call out the Rapid Response Team. • Identify the victims, suspects and witnesses, including other children and third parties. • Secure control of any weapons present. • Determine extent of injuries. • Provide medical first responder treatment and request emergency medical assistance if needed. • Conduct preliminary interview of victim and witnesses. Children should not be interviewed in the presence of parent or guardian unless and until the perpetrator has been determined. • Evaluate the welfare and safety of the victim. 8 E. Survey the crime scene for physical evidence of abuse and neglect. Photograph all relevant evidence. F. Observe and note injuries to household members who may be victims of some degree of domestic violence or other criminal offenses and take appropriate and necessary action. Photograph all relevant evidence. G. Separate people on scene from evidence. H. Determine if other assistance is needed, i.e., a translator, victim advocate, crime scene investigator, other specialized officer or detective, or other services. I. Document any utterances or statements made by the child victim or other children at the scene in relation to the case. Document any utterances or statements made by the parent or other guardian/responsible adult at the scene in relation to the case. J. Conduct a criminal history check on address, and potential suspect and warrants checks on suspects and witnesses. Law enforcement should share the results with DCF when appropriate. K. Law enforcement on the scene shall have primary responsibility in collecting and preserving evidence. L. Both the law enforcement officer and the Child Protective Investigator (CPI) shall prepare a report. The CPI will use FSFN as their document of record. The initial report is crucial to the post-investigation process, any potential prosecution, the protective investigation by the Department of Children and Families, and any related cases arising from the incident being investigated. In accordance with the individual law enforcement agency's directives and procedures the initial responder shall prepare a written report of actions and findings. That information shall then be made available for the follow-up investigation. Upon completion of the investigation a written supplemental report shall be prepared. The written report should: • Identify the child abuse and/or neglect crime. • State date,time and place crime occurred. • Determine existence of any 911 call, or any call on other recorded police lines, and document accordingly. State information provided by the dispatcher. • Document any custody issues disclosed during interviews. • Document probable cause. • Document all verbal and written statements. • Document the names, dates of birth, social security numbers, addresses, prone numbers, and statements of all victims, suspects and any relevant household members. • Reference prior incident reports. • List names and addresses of victim's contact persons. • Identify the suspect. • Show the relationship between the victim and suspect. • Describe victim and suspect appearance including their demeanor at time of arrival at scene. • Document all injuries, physical conditions and medical treatment rendered. Observable or reported injuries shall be preserved by photography and documented in the written report. Photographs must be taken with a measurable guide, whenever possible, and persons photographed must be identified in the photos. The officer should always consider the privacy of the victim, witnesses when photographing injuries. • Document name of medical treatment provider and other health care providers such as Emergency Medical Services (EMS)personnel. 9 • Document evidence collected, from where, when and by whom including chain of custody. • Identify other children present and living in the home and what action was taken to provide for their safety. • Describe indicators of future threats to safety of family members. • Reference any special needs such as language barriers or disabilities of parties involved. • Document criminal history information. • Complete a narrative of the officer's observations and description of the alleged incident. • Identify all witnesses, by name, date of birth, address, and contact phone numbers; if interviewed, document the statement. M. Law enforcement and the Department shall agree on the future course of the investigation. In the event of a disagreement, law enforcement and the Department shall initiate a consultation with their respective chain of command. N. Drug Dependent Newborns. A CPI is not required to call law enforcement on a case involving drug dependent newborns. Follow-up Investigation Steps A through C are conducted when the initial responder does not continue with the in-depth investigation. Agencies requiring that the responding officer also conduct the in-depth investigation may skip steps A through C and begin at D. A. Determine through contact with first responder and his/her supervisor, or by reviewing the initial report what emergency action has been taken, what is being initiated, and allegations that have been reported. B. Determine what notifications have been made and need to be made. C. Obtain names with all identifying information of suspects remaining at the scene from the first responding officer and document all persons who left the scene prior to your arrival. D. Collect and preserve additional evidence. E. In consultation with the Child Protective Investigator (PI) recommend or coordinate the medical examination of victims and siblings or other children in the home with the Department of Health Child Protective Team (CPT) or other medical facility designated in the local Memorandum of Agreement. F. In consultation with the Child Protective Investigator (PI) recommend to the Department of Children and Families or Department of Health Child Protection Team that psychological evaluations be conducted when the victim exhibits evidence of severe emotional abuse, physical abuse, sexual abuse and/or neglect. G. When the alleged abuse and neglect has led to a child's death, obtain the results of the medical examination of all children residing with the victim. H. Interview victim, witnesses and suspect. Prior to conducting interviews the law enforcement investigator shall, with the assistance of a Department of Children and Families Child Protective Investigator, determine interview strategies. Whenever possible, the child interviews should be conducted at a C.P.T. interview facility utilizing a C.P.T. Case Coordinator in consultation with the law enforcement investigator. The Chief Judge shall provide by order reasonable limits on the number of interviews that a victim of child abuse under the age of 13 years must submit to for law enforcement or discovery purposes s. 914.16. See copy of the updated Admin. Order attached. 10 1. Interview the victim. • Any token gifts given to the child, i.e., dolls, small badges, stickers, should be done after the interview and without promising the child anything in exchange for testimony. • Audio taping or videotaping of the victim statement should be conducted in accordance with local law enforcement procedure or administrative order. If the interviewer chooses to only use an audiotape, the interviewer must document the non- verbal responses of the victim and non-verbal behavior of the other witnesses present. Although presence of persons other than the interviewer is discouraged, when videotaping the victim, any persons in the interview room should be in view of the video camera. • When the initial interview with the child is conducted at school, the law enforcement agency may allow a school staff member who is known by the child to be present during the initial interview if: (a) Law enforcement agency believes that the school staff member could enhance the success of the interview by his or her presence; and (b) The child requests or consents to the presence of the school staff member at the interview. School staff may be present only when authorized by law. s. 39.301(18). • Interview victim in a location that is comfortable, non-distracting and provides privacy and a sense of safety for the child. When possible, the officer should interview the child away from the scene where the incident occurred. • Children are often portrayed as unreliable witnesses, susceptible to suggestive and leading questions. The interviewer must be trained and experienced in conducting child interviews. It is strongly suggested that a C.P.T. interview facility be utilized, as well as a C.P.T. case coordinator to conduct the interview. The child should also be questioned as to whether prior incidents of abuse have occurred. • The interviewer must either qualify or obligate the child as a witness in an age appropriate manner. • Document the child's words exactly in identifying body parts and distinguish between contact/union or non-contact/non-union when gathering information on sexual acts. • When a child draws or makes notes for the interview, document on the drawings or notes the date, time and the names of persons present during the interview. The drawings or notes should be retained as items of evidence. • Review the child-victim's statement line by line and seek to corroborate each and every element of information provided in order to enhance the child's credibility. 2. Interview non-offending witnesses. • Caution should be taken to ensure that the non-offending parent or care-giver is not provided information that can be passed on to the suspect. 3. Interview suspects. • Law enforcement takes the lead and controls when, where and how the suspect is to be interviewed. 4. Interview other witnesses. • When recent or historical victims have been identified as part of the case,they should be interviewed as witnesses. Prosecutors may use the Williams Rule of Evidence to submit the statements of historical victims in court(similar fact evidence). I. Document all statements. 11 J. Prepare any search warrants that would be required to secure further evidence not yet collected. When the investigator is able to obtain documented consent to search the scene from individuals with the right to authorize a consensual search, a warrant is not required. Use extreme caution when proceeding without a search warrant. K. Final determination, * Upon gathering the necessary information, evaluate and compare the suspect's prior criminal history, relationship to the child, statements of the suspect, victim and witnesses, and the collected evidence to determine probable cause for which offenses, if any, have been committed. Officers or detectives may consult with the Division Chief of the State Attorney's Office Special Victims Unit for guidance. • If the decision made is to not make an arrest, law enforcement shall document their findings and reasons in a final report. 12 PALM BEACH COUNTY RAPID RESPONSE TEAM PROTOCOL The Palm Beach County Rapid Response Team (RRT) consists of the State Attorney's Office (SAO), Child Protection Team (CPT), Department of Children and Families (DCF), Medical Examiner's Office (ME) and local law enforcement agencies. The RRT provides investigative assistance and inter-agency collaboration regarding serious crimes against children. All Palm Beach County law enforcement agencies shall immediately activate the RRT when investigating any of the following incidents: • Unexpected death or potentially life threatening injury to a child under 13 years of age • Includes physical abuse, drowning,murder/suicide or co-sleeping • Does not include vehicle crashes unless neglect is suspected • Sexual Battery of a Child Under 13 years of age, which occurred within the past 24 hours, involving serious bodily injury • Any multiple victim/suspect case of child abuse Law enforcement shall obtain preliminary information (names, DOB's, incident location, home addresses, brief synopsis of the incident, etc.) and activate the RRT as soon as possible, while still on the scene, by calling each of the following: • DCF—Liaison at cell 561-315-5841 • CPT—Liaison at cell 561-329-1114 • SAO -All deaths contact the Homicide Investigator at cell 561-346-1907 o Abuse or sex crimes, call Special Victims Unit Duty Phone 561-309-1821 • ME - 561-688-3000 and ask for the Medical Examiner regarding a RRT case. A representative from the ME will contact you for details (death or near death cases) These calls shall result in the dispatch of all, or parts, of the RRT depending upon the request and needs of the law enforcement agency with jurisdiction. The law enforcement agency with jurisdiction is in charge of the case and investigation. Within 24 hours, a representative from the lead Iaw enforcement agency shall complete the RRT "Information Sheet" and fax to the Palm Beach County Criminal Justice Commission at 561-242-7382 or email to CJCRPU @pbcgov.org. (SEE ATTACHMENT). Note: The RRT Committee meets three times a year to review cases, process issues, and discuss outcomes or training. LE agencies that activate the RRT are expected to attend. 13 Administrative Order NO.4.501 —7/12 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ADMINISTRATIVE ORDER NO. 4.501-7112* IN RE: INTERVIEWS OF YOUNG VICTIMS IN CHILD AND SEXUAL ABUSE CASES Section 914.16, Florida Statues (2012), authorizes the chief judge to establish limits on the number of interviews that a minor victim must submit to for law enforcement or discovery purposes. NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows: I. This order shall apply to investigation and prosecution of all cases of abuse under Sections 794.011, 800.04 or 827.03 when the victim is under thirteen years of age or a victim of a violation of Sections 794.011, 800.02, 800.03 or 825.102 who is a person with mental retardation as defined in Section 393.063(42), at the time the interviews are sought. 2. For purpose of this order the term"interview"is defined as any procedure in which the child victim is required to provide a factual recitation of the circumstances surrounding the allegations of abuse. The term "interview" does not include the following: a. Information obtained for the purpose of medical or psychological diagnosis for treatment. b. An initial contact with the victim by law enforcement and/or Florida Department of Children and Families to assess validity of complaint or need to take protective measures on behalf of the victim. c. Contacts with DCF legal, victim services (sexual assault/domestic violence) counselors, guardian ad litem, or assistant state attorneys seeking to carry out responsibilities as designated by statute. d. Actual court testimony of victim. e. Re-contact with the victim for the purpose of expanding/clarifying a previous statement prior to the filing of formal charges. In accord with the foregoing and the need to act in the best interest of child victims of abuse, it is ordered that no child victim of abuse shall be subject to more than four interviews in the course of the investigation and prosecution of an incident of abuse except upon order of the court. These interviews shall be as follows: a. The first interview shall be conducted within a reasonable time for the validation of the complaint. The interview when feasible shall be held at a Child Protection Team Facility in Palm Beach County. When applicable, this interview will be attended by law enforcement, representative from DCF, Victim Services (sexual assault/domestic violence),the State Attorney's Office, and the Child Protection Team. When applicable, DCF shall, prior to 14 scheduling a forensic interview, contact the law enforcement agency of jurisdiction and coordinate a mutually agreeable date and time for both law enforcement and DCF to attend the forensic interview. All attending agencies shall meet prior to the interview and make reasonable efforts to coordinate and produce all necessary information in the course of that interview. To minimize the traumatic effects to the child, all interviews shall be conducted by no more than two persons. This interview shall be recorded whenever possible to ensure that other parties have the opportunity to hear the child's statement. b. The second interview by law enforcement, with the State Attorneys approval,may occur prior to the filing of formal charges and may include DCF, Victim Services (sexual assault/domestic violence) or the Child Protection Team. C. The third interview will be conducted under the rules governing depositions. The deposition shall be conducted in a setting and manner intended to minimize the traumatic effects of the interview on the victim. Defense counsel shall notice all parties including the guardian ad litem consistent with Crim. Proc. Rule 3.220(h). d. If necessary, law enforcement may meet with the victim for the purpose of expanding/clarifying any facts necessary. Additional interviews shall be allowed only by order of the court upon motion for good cause shown. Additional interviews shall be limited in scope to assure minimal impact on the victim. DONE and SIGNED in Chambers at West Palm Beach, Palm Beach County, Florida, this 2°a day of July, 2012. Peter D. Blanc, Chief Judge *supersedes admin. Order 4.501-09/08 15 DEPARTMENT OF CHILDREN AND FAMILIES CIRCUIT 15 SPECIFIC PROTOCOL INVESTIGATING CHILD ABUSE IN PALM BEACH COUNTY Investigative Response The Department of Children and Families will be responsible for assessing the immediate safety of the child and taking the necessary actions that will ensure the continued safety of the child. The Department will also be responsible for determining and implementing necessary services to support the family. All allegations of suspected child abuse, neglect, or abandomnent are reported to the Florida Abuse Hotline at 1-800-96-ABUSE by either citizens or by law enforcement through dispatch of 911 calls or directly from law enforcement at phone number 1-866-532-2873. Based on the allegation stated in the report and the potential risk to the victim or the family members, Central Florida Abuse Hotline counselors assign response priority to the reports and forward them to the county where the alleged victim is located. In Palm Beach County all reports are received by the Analytical Unit and assigned to a Child Protective Investigator. • All reports requiring an immediate on-site face to face commencement to conduct a Present Danger Assessment shall be immediately forwarded by the Hotline to the appropriate child protective investigative staff in the county where the victim is located. • Reports not requiring an immediate on-site protective assessment will be forwarded by the Hotline to the appropriate circuit staff in time to allow for a face to face commencement to conduct a Present Danger Assessment within 24 hours. • When the alleged abuse and neglect has resulted in a child's death, the responding law enforcement agency shall notify the Rapid Response Team, which includes the district medical examiner per FS. 406.12. • Reports must be assigned to the county where the victim is located. If the abuse occurs or the child resides in a different county, that county must assist the lead county when requested. However, if a criminal proceeding is commenced in the county of residence, the residential county must take the lead with the county of location assisting. • Hotline staff shall accept calls on child-on-child sexual abuse that do not meet the criteria for an investigation. This information is entered into the Florida Abuse Hotline Information System solely for statistical purposes and no circuit response is required. The caller is then electronically transferred to the appropriate county sheriffs office. The written report is sent from the Hotline to the sheriffs office within 24 hours. • All reports for Circuit 15, Palm Beach County, are received at a central location. The receiving staff is responsible to forward the report electronically to law enforcement, the Child Protection Team and the appropriate DCF Investigations unit. Law enforcement and DCF Child Protective Investigator shall provide each other with background information relating to the subjects of the reports, as permitted by law. Upon receiving a report from the Florida Hotline, the designated law enforcement officer and the Department of Children and Families Child Protective Investigator will jointly conduct an investigation. The investigation is commenced when the Child Protective Investigator or other designated responder attempts to make the initial on-site, face-to-face contact with the victim. 16 Upon arriving at the scene, the law enforcement officer and the Child Protective Investigator shall immediately assist each other to assess and secure the alleged crime scene. • Identify the victims, suspects, and witnesses, including other children and third parties. • Determine extent of injuries. Provide medical first responder treatment and request emergency medical assistance if needed. • Conduct preliminary interview of victim and witnesses. e Children should not be interviewed in the presence of the parent or guardian unless and until the perpetrator has been determined. e Evaluate welfare and safety of the victim. CHILD PROTECTION TEAM PROTOCOL Child Protective Investigations Reauired Notifications Upon commencement of an investigation, but not necessarily before the face-to-face contact with the child, the parent, guardian or other person responsible for the child's welfare, including an adult household member identified as having allegedly mistreated a child, shall be informed of the following: I. That a report has been received by the central abuse hotline alleging child abuse, neglect, or abandonment. 2. The name of the person responding, the name of that individual's supervisor and information on how to contact each person. 3. The purpose of the investigation. 4. The right to review the Department's records 34 days after the commencement of the investigation and anytime thereafter prior to the destruction of the record. 5. The right to have an attorney present during any interviews. However, the Department may proceed with other inquiries to determine the safety of the child and veracity of the report. 6. General information about outcomes and services related to the Department's response/investigation that would assist the family to better understand what they may expect. 7. The commitment of the Department to the safety of the child and the involvement of the family to the fullest extent possible in decisions regarding service planning and provision. 8. The right of the parent or legal custodian to be involved to the fullest extent possible in determining the nature of the allegation and the nature of any identified problem. 9. The notification required above will be accompanied by delivery of brochure CF/PI 175-32. The individual receiving the notice must be given the opportunity to ask questions to ensure understanding. The case file must reflect that the notification occurred. This will be accompanied by a notation in the chronology showing the name of the person to whom the brochure was given and the date it was given. When an investigator suspects that a false report has been made, the investigator must advise the reporter of the potential administrative fines, civil and/or criminal penalties, which may result if a false report has occurred. Licensing staff shall be advised of a report involving a licensed home or facility. If the facility is unlicensed, the owner/operator shall be advised of the report. If the report is on a child who has an active open dependency case with the community based case agency, the CPI must immediately notify the CBC and all efforts to conduct a joint commencement should be attempted. 17 Child Protective Investigator • Shall commence that case within the required time frames. • Daily attempts and diligent efforts must occur to locate the victim and family until they are found using all known data bases available to the Department. If it is not feasible or prudent to make daily attempts that fact must be documented in FSFN as required. The CPI Supervisor will also be notified and assist in locating family. The date, time, and location of all attempted visits must be documented in the case file. • Shall make face-to-face contact with the victim/child, other children, caretaker responsible and all other adult household members. • Shall observe and document the conditions, appearance, and development of each child named in the report and all other children who reside in the same household. • When age appropriate, each child named in the report and all other children who reside in the household must be interviewed, separate from their parents whenever possible. • Child Protective Investigator must be sensitive to the social, economic, and cultural environment of the family including their response to the Department's presence in their lives • If the person responsible for the child will not allow observation of the child, for whatever reason, the Child Protective Investigator shall immediately contact their supervisor for guidance and document in the case file as to both the caretaker's refusal and the supervisor's directions. • Shall remove a child when conditions warrant as dictated in Florida State Statute 39.301 and determine if there are available relatives or non-relatives that are willing and able to provide care for the child. • Complete a Present Danger Assessment and enter it into FSFN within 24 hours of the Victim Child being seen. • The Child Protective Investigator will evaluate all relevant Danger Threats and Possible Impending Danger to Children. • The Child Protective Investigator will be responsible for validating and reconciling conflicting information. • Shall make all necessary notifications. • Shall assess child safety issues. Staff must use the allegation matrix and the Child Protective Investigator will complete both a Risk Assessment Instrument and Family Functioning Assessment within 60 days in accordance with Florida State Statute and enter into FSFN. • The Child Protective Investigator will engage families and develop either Impending Danger or Safety Plans in collaboration, focusing on the parents Protective Capacities and available resources. • The Child Protective Investigator will be responsible for initiating timely service referrals for families. • The Child Protective Investigator will be responsible for documenting all investigative activities into FSFN in accordance with Department Operating Procedures. • Shall follow prescribed protocol. • Shall confer with law enforcement on the scene. • Shall reach a mutual agreement as to when both parties leave the scene. • If warranted, shall make a removal decision. • Shall document in FSFN. 18 If a disagreement exists or clarification is warranted between Law Enforcement and Child Protective_Investigators Law Enforcement • The patrol officer will call the law enforcement liaison from their agency. • The liaison will call the DCF Criminal Justice Coordinator to make a coordinated decision. Child Protective Investigator • The Child Protective Investigator will call the DCF liaison. • The DCF Criminal Justice Coordinator will call the municipality's designated Iiaison. • DCF may also call local dispatch and ask for a line supervisor to respond, if needed. Completing the Initial Investigation Child Protective Investigator: Shall remove a child if warranted. The person taking a child into the Department's custody must request information from the child's parent or custodian regarding parents,proposed parents, and possible relatives or non-relatives available for placement. • Shall determine need for services. • Shall make immediate referral for services, if warranted. • Shall close case if no services are needed and there is no indication of child abuse/neglect. Recording data from Investigation DCF/Child Protective Investigator: Child Protective Investigator shall update report information on FSFN within 24 hours of the first contact. Under no circumstances shall anyone delete any maltreatment from the report. All reported maltreatments require appropriate documentation prior to closure of the case. If applicable, Child Protective Investigator shall enter report information into FSFN. Follow-up on Investigation Child Protective Investigator shall complete the Department required Present Danger and Family Functioning Assessment within the specific time period and ensure all relevant safety factors are documented. Child Protective Investigator shall make all required collateral contacts and document the contacts in the investigative file. To be relevant, this person(s) needs to have had contact with the child, alleged perpetrator or the family. The person(s) contacted must have had direct knowledge or information regarding the family situation. Once the investigation is completed, the Child Protective Investigator shall document and upload all pertinent case infonnation into FSFN and propose the findings of his/her investigation for final review by the supervisor within 60 days of commencement. Child death cases may remain open past 60 days pending consultation with the responding LEO agencies, review by the Departments Child Fatality Specialist and the Regional Family Community Services Director. 19 Referral to Child Protection Team The reports that include one or more of the following allegations must be referred to Child Protection Team • Injuries to the head, bruises to the neck or head, bums or fractures in a child of any age • Bruises anywhere on a child 5 years of age or under • Any report alleging sexual abuse of a child • Any sexually transmitted diseases in a prepubescent child • Reported malnutrition of a child and failure to thrive • Reported medical neglect of a child • Any family in which one or more children have been pronounced dead on arrival at health care facility or have been injured and later died, as a result of suspected abuse, abandonment, or neglect when any other sibling or child remains at home • Symptoms of serious emotional problems in a child when emotional or other abuse, abandonment or neglect is suspected Section 39.303, Florida Statutes, authorizes the Children's Medical Services Program in the Department of Health to develop, maintain, and coordinate Child Protection Team services through contracts with local community-based programs. CPT services provided upon acceptance of a referral from DCF or LE are: medical evaluation,medical consultation, forensic interviews, specialized interviews, psychosoccal assessments,psychological evaluations, psychological consultations, CPT staffing, and court testimony. 20 MANAGEMENT/OVERSIGHT STRUCTURE The following section describes the Rapid Response Team and Specialist and Training Team membership, purpose, frequency of meetings, the quality assurance focus, and staffing resources needed for each management structure. SIRecialist Purpose Membership Frequency of QA Focus Staff/Resource Meeting • Law enforcement • System refinement • Monitor agencies' • Existing personnel in agency liaison & improvement response to ensure each agency who (every process meetings compliance have specialized (or municipality will • 3 times per year • Ensure child abuse are willing to have a liaison) reports are responded to become specialized) • DCF by 1St responders in child abuse Representatives • Coordinate data/ • Florida Statutes • State Attorney's ensure data is entered (Chapter 39) Office into FSFN • Criminal Statutes/ • Dispatch • Lead person to MOU personnel coordinate and schedule • Rapid Response/ • LEPC Child training within agency Child Death Abuse Protocol • On call/contact person Investigations Liaison for child abuse issue, • Specialized Training • Child Protection rapid response, as needed Team interagency disagreements between 1"responders and when clarification is needed • Attend system refinement& improvement meetings • Trainer for agency during roll out • All information will be documented and available for review 21 Rapid Res onse Team Purpose Membership Frequency of QA Focus Staff/Resource Meeting • DCF • 3 times per year • Review all rapid • Membership Representatives . Review rapid response cases and . Criminal Justice • Law enforcement process process of response Commission agency liaison (every municipality will have a liaison) • Child Protection Team • State Attorney's Office • Medical Examiner 22 DCF Notification Protocol for Domestic or Dating Violence Investigations Introduction The Department of Children and Families (DCF) Notification Protocol for Domestic or Dating Violence Investigations applies to Palm Beach County law enforcement agencies and DCF. The protocol is specific to cases in which domestic or dating violence is occurring and either of the parties has minor children living in the home. When domestic or dating violence occurs, and one party has minor children, the potential for physical and mental maltreatment to the children increases. Because of this risk, Palm Beach County law enforcement agencies and DCF have agreed to the following protocol to provide services to the family with the goal of decreasing the potential for child abuse. Criteria When Iaw enforcement officers investigate a domestic or dating violence crime, and establish probable cause to believe a crime has been committed, they shall determine if the parties have minor children. If so, the law enforcement officer shall call the DCF hotline (1-866-LE-ABUSE) to advise them of the children's role, if any. If the children did not witness or were not home at the time of the domestic or dating violence incident, the call to DCF should still be made. If the children are at home at the time of the domestic or dating violence incident, they must be interviewed by the investigating law enforcement officer to determine if they witnessed or have any credible information that can assist with the criminal investigation (a statement, preferably recorded, will be obtained). The police report will list the children's names and the narrative will include the referral to the DCF hotline. Procedure Law Enforcement 1. Call the DCF hotline (1-866-LE-ABUSE)when above criteria is met. 2. Provide the DCF call taker with the police report case number and facts surrounding the incident. Explain that the DCF referral is mandated by this protocol and is not a new allegation of child abuse. The domestic violence police report case number should be provided to the DCF call taker. 3. If a DCF Child Protective Investigator (CPI) chooses to contact a law enforcement agency to respond with them, they shall provide the original domestic violence offense report case number to the communications officer and responding law enforcement officer. 4. This request from the CPI should not be dispatched as an initial child abuse call (Signal-16). Police agencies shall decide a dispatch code that best captures the incident based the reporting requirements of their agency (example Signal-76 "assist to another agency" or Signal-84 "welfare check"etc.). 5. Law enforcement's role in a follow-up response is that of scene security for the uPI. Note: This protocol does not alleviate law enforcement's investigative responsibility should new allegations be made or other crimes discovered. 23 6. A supplement to the original domestic or dating violence offense report should be completed to document the law enforcement officer's actions. 7. Important: If evidence of child abuse is discovered during the follow-up visit, this should be documented under a new case number and the Palm Beach County Child Abuse Protocol should be followed. Department of Children and Families 1. When a Child Protective Investigator(CPI) receives a case stemming from this protocol, they must evaluate the necessity of having a Iaw enforcement officer respond for scene security. Unlike an initial child abuse investigation, law enforcement response is not mandatory for follow-up responses to domestic or dating violence cases. 2. If the CPI determines that there is a necessity for a law enforcement response, they will contact the initial reporting law enforcement agency. 3. The CPI will provide the communications officer and responding police officer with the original law enforcement offense report case number and communicate that this is a follow-up regarding a domestic or dating violence incident and not an initial child abuse investigation. 24 Palm Beach County Child Abuse Protocol Initial Response Checklist I. Child abuse investigation calls usually come via Florida Child Abuse Hotline and the Child Protective Investigator from DCF (CPI) is the one requesting law enforcement officer (LEO) to be dispatched. 2. Law Enforcement dispatch shall classify the call as a "priority call". Officers shall respond to such calls immediately (within 30 minutes). 3. LEO officers responding to calls received through 911 will sometimes make a determination that a child abuse investigation is warranted. In a situation like that, the officer shall contact the Florida Child Abuse Hotline at 1-866-LE ABUSE (1-866-532- 2873). 4. If an immediate DCF response is needed, the officer shall call the Florida Child Abuse Hotline at: 1-866-LE ABUSE (1-866-532-2873). 5. LEO shall await telephone contact from the DCF Child Protective Investigator prior to dispatching an officer. 6. CPI and LEO shall coordinate their response and conduct joint investigation. 7. LEO shall be dispatched to conduct criminal investigation. CPI shall be responsible for assessing present danger threats to the child. 8. If the DCF investigative interview is outside LE jurisdiction and they cannot respond, the Law Enforcement Agency will seek assistance from other agencies utilizing the Mutual Aid Agreement. If the initial investigation reveals another agency has jurisdiction, the initial responding agency must notify the agency with jurisdiction. 9. The name of persons reporting abuse, neglect or abandonment, may not be released to anyone except DCF, LE, CPT (Child Protection Team), SAO (State Attorney's Office) without written consent of reporter. 10. When the criteria for rapid response is met, the initial responding agency shall have the responsibility to activate the Rapid Response Team. The criteria is as follows: • Unexpected death or potentially life threatening injury to a child under 13 years of age, including but not limited to physical abuse, drowning, murder/suicide or co-sleeping. Does not include vehicle crashes unless neglect is suspected. • Sexual Battery of a Child under 13 years of age, which occurred within the past 24 hours, involving serious bodily injury. • Any multiple victim /suspect case of child. Law enforcement shall obtain preliminary information and activate the RRT as soon as possible, while still on the scene, by calling each of the following: 25 RRT CONTACTS: • DCF—Liaison at cell 561-346-1907 • CPT— Liaison at cell 561-329-1114 • SAO—AH deaths contact the Homicide Investigator at cell 561-346-1907 Abuse or sex crimes, call Special Victim Unit Duty Phone 561-399-1821 • ME — 561-688-3000 and ask for the Medicai Examiner regarding a RRT case. A representative from the ME will contact you for details (death or near death cases). These calls shall result in the dispatch of all, or parts, of the ITT depending upon the request and needs of the law enforcement agency with jurisdiction. The law enforcement agency with jurisdiction is in charge of the case and investigation. Within 24 hours, a representative from the lead law enforcement agency shall complete the RRT `Information Sheef and fax to the Palm Beach County Criminal Justice Commission at 561-242-7382 or email to CJCRPU@Pbcgoy.org 11. Children should not be interviewed in the presence of the parent or guardian unless or until the perpetrator is identified. 12. It is recommended that the Child Protection Team be utilized to conduct the interview. 13. LEO will have the responsibility to collect evidence and secure crime scene. 14. Criminal history and all other valuable data shall be shared between Law Enforcement and the Department of Children and Families. 15. LEO and CPI shall coordinate the future course of joint investigation. 16. Law enforcement and DCF Child Protective Investigator shall provide each other with background information relating to the subjects of the reports, as permitted by law. 17. Responding LEO shall complete a crime report documenting his/her actions and findings. 18. Any conflicts, issues or concerns between the CPI and LEO shall be immediately forwarded to the respective agency's Child Abuse Liaison, Revised August 2014 26 Rapid Response Team — Information Sheet MUST be completed by Law Enforcement within 24 hours of a RRT activation* Date: Time: LE Case Number: Law Enforcement Agency Assigned: Investigating Detective Assigned: DCF CPI Assigned: COMPONENTS NOTIFIED YES NO 1. Child Protection Team ❑ ❑ 2. State Attorney ❑ ❑ 3. Medical Examiner ❑ ❑ 4. Department of Children & Families ❑ ❑ VICTIM(S) DATE(S) OF BIRTH INJURY ❑ Physical abuse ❑ Drowning ❑ Neglect ❑ Sexual Assault ❑ Death ❑ Murder/Suicide ❑ OTHER: ADDRESS: SYNOPSIS: Within 24 hours, fax the RRT "Information Sheet" to the Palm Beach County Criminal Justice Commission at 561-242-7382 or email to CJCRPU@pbcgov.ora 27 ACKNOWLEDGEMENTS August 2014 Update Protocol Team Patrick Bolton, Sergeant--Palm Beach County Sheriff's Office Anita Calhoun, Admin. Assistant—Lake Clarke Shores Police Department Brian Fernandes, Chief Assistant State Attorney—Office of the State Attorney Suzanne Frazier, Admin. Assistant—Dept. of Children and Families Carol Gregg, Captain—Palm Beach County Sheriff Office Katherine Hatos, Senior Criminal Justice Analyst—Criminal Justice Commission Danielle Hirsch, Detective—Jupiter Beach Police Department Alison Hitchcock, Executive Director—Child Protection Team Jim Izzo,Asst. Team Coordinator—Child Protection Team Chris Keane, Lieutenant—Palm Beach County Sheriff Office Barry Krischer, Volunteer—Office of the State Attorney and Palm Beach County Sheriff's Office John Palmero, Lieutenant, Delray Beach Police Department Antonio Perez, Officer—Palm Springs Police Department Tracy Piendle—Child Protection Team Michael Rodriguez—Criminal Justice Commission Gene Sapino, Sergeant—Delray Beach Police Department Dana Schack, Officer—Lake Clarke Shores Police Department Sean Scheller, Chief of Police, Lantana Police Department Reid Scott, Assistant State Attorney—Office of the State Attorney Susan Sims—Child Protection Team Jim Stormes, Colonel—Palm Beach County Sheriff s Office Patricia Vazquez, Criminal Justice Coordinator—Dept. of Children and Families Tom Wallace, Detective Sergeant—Boynton Beach Police Department Clay Walker, Community Development Administrator—Dept. of Children and Families Paul Weber, Sergeant—Delray Beach Police Department Kimberly Welles, Director of Family Services—Dept. of Children and Families 28 Signature Pate All parties agree to this Memorandum of Understanding for Protective Investigations in Palm Beach County and the written protocol established by the Community Alliance of Palm Beach County in the Child Abuse Protective Investigation Protocol Final Report, revised August 2014. Atlantis Police Department Signature: Date Print Name: Boca Raton Police Department Signature: Date Print Name: ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Boynton Beach Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Child Protection Team Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Delray Beach Police Department Signature: Date Jeffrey S. Goldman, Chief of Police City of Delray Beach Print Name: Y By: Cary Glickstein, Mayor Approved as to form and legal sufficiency: Attest: Chevelle Nubin, City Clerk Noel Pfeffer, City Attorney 29 Department of Children & Families Signature: Date Print Name: ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Florida Atlantic University Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Florida Highway Patrol Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Greenacres Public Safety Department I Signature: Date PrintName:-------------------------------------------------------------------------------------------------------------------------------------------------------------------- Highland Beach Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Juno Beach Police Department Signature: Date Print Name: 30 Jupiter Inlet Colony Police Department Signature: Date Print Name: --------------------------------_----------------------------------------------------------------------------------------------------------------------------------- Jupiter Police Department Signature: Date Print Name: ------------------------------------------------------------------------------------------------------------------------------------------------------------------- Lake Clarke Shores Police Department Signature: Date Print Name: ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Lantana Police Department Signature: Date Print Name: Manalapan Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- North Palm Beach Police Department Signature: Date Print Name: 31 Ocean Ridge Police Department Signature: Date Print Name: Palm Beach County School District Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Palm Beach County Sheriff's Office Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Palm Beach Gardens Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Palm Beach Shores Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Palm Springs Police Department Signature: Date Print Name: 32 Riviera Beach Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- South Palm Beach Police Department Signature: Date Print Name: State Attorney Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tequesta Police Department Signature: Date Print Name: Town of Palm Beach Police Department Signature: Date Print Name: -------------------------------------------------------------------------------------------------------------------------------------------------------------------- West Palm Beach Police Department Signature: Date Print Name: 33 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: February 27, 2015 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF MARCH 31,2015 LEASE AGREEMENT/SENATOR MARIA SACHS DISTRICT OFFICE BACKGROUND The City of Delray Beach has been leasing space to Senator Sachs for her District Office since January 2013. The lease term is retroactive from January 2015 to December 31, 2016. The monthly lease amount remains the same at$300 per month. RECOMMENDATION Request retroactive approval of a lease agreement between the City of Delray Beach and Florida State Senator Maria Sachs for a two-year term, January 1, 2015 to December 31, 2016 at a rate of$300 per month. DISTRICT OFFICE LEASE THIS DISTRICT OFFICE LEASE is made this day of , 2015 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (Lessor), and FLORIDA STATE SENATOR MARIA SACHS, (Lessee), and collectively referred to as the Parties. WITNESSETH : WHEREAS, the Lessor and the Lessee desire to enter into a lease for District Office space located at 100 NW 0 Avenue, Delray Beach, Florida 33444 ("Lease"). NOW, THEREFORE, the Parties in consideration of the covenants herein contained agree as follows: 1. Premises. Lessor hereby leases to Lessee office space located at 100 NW 1St Avenue, Delray Beach, Florida 33444 to be utilized by Lessee as a District Office. a. The office space shall consist of approximately 689 square feet of office space located near the First Floor Conference Room in City Hall. b. The leased premises shall be unfurnished but shall include all improvements and appurtenances thereto, including, but not limited to telephone lines and internet service. Lessee shall be required to pay for all telephone services. C. The leased premises shall include two (2) unassigned parking spaces in the City Hall parking lot. 2. Rent: Lessee shall pay to Lessor: a. Three Hundred Dollars ($300.00) per month for the use of the premises as described in Paragraph 1. b. Lessee shall pay monthly on or before the first day of each calendar month. C. Rent payable under this Lease shall be prorated on a daily basis for any fraction of a month of occupancy. 3. Term and Commencement Date. Lessee shall have and hold the leased premises as described in Paragraph 1 for the period beginning January 1, 2015 and ending December 31, 2016. 4. Use of Premises. The Lease is made by the Lessor for the purpose of enabling Lessee to maintain on the above-described premises, a District Office. 5. Assignment and Subletting/Encumbrances. The Lessee shall not assign or sublease any part of the leased premises without the prior consent of the Lessor. 6. Repairs and Maintenance. The Lessee shall maintain the leased premises including all alterations thereto, at its own expense and shall keep the leased premises in safe condition and in good repair. 7. Indemnification. Lessee shall indemnify, defend and hold harmless the Lessor from and against any and all judgments, damages, claims, demands, losses, causes of action, and other costs and expenses, including reasonable attorney's fees incurred in the defense thereof, that may be incurred by the Lessor or alleged against the Lessor by reason of any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use and occupancy of premises, or by the reason of the act, or failure to act by the Lessee, its agents, employees or representatives. 8. Insurance. Lessee shall, during the entire term hereof, carry liability insurance and property damage insurance in amounts acceptable to the Lessor's Risk Manager. The 2 insurance shall cover all improvements. The Lessor in its discretion may review the insurance types and amounts from time to time and request that additional insurance be maintained and provided. 9. Alterations/Expansion. The Lessee shall obtain written approval of the Lessor for any construction or alterations on the premises. All work done by Lessee in connection with any alterations, repairs, and maintenance on the premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion in accordance with the plans and specifications therefore. 10. Termination. This Lease may be terminated by either party giving sixty (60) days prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 11. Governing Law. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. 12. Notices. Any consents, approvals, permissions, and notices shall be effective and valid only if in writing mailed on or hand-delivered to: a) If to the Lessor: City Manager 100 N.W. 1 st Avenue Delray Beach, FL 33444 b) If to the Lessee: Senator Maria Sachs 100 N.W. 1"Avenue Delray Beach, FL 33444 13. Entire Agreement. This Lease constitutes all agreements, conditions, and understandings between Lessor and Lessee concerning the premises. All representations, either 3 oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. IN WITNESS WHEREOF, the parties hereto have executed this District Office Lease on the date first above written. ATTEST: Lessor: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary Glickstein, Mayor Approved as to Legal Form and Sufficiency: City Attorney Lessee: A S HS, F da to S or By Maria Sachs, F on a fate Senator STATE OF FLORIDA COUNTY OF PALM BEACH , The foregoing instrument was acknowledged before me this � ' day of �S a va � , 2015 by Rayj A C (name of officer or agent, title of officer or agent) of ��of' � A L)C M& (name of corporation acknowledging), a —0/- 'Ck (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has rod [.,'G cr,se- (type of identification) as identification and di did not e an oath. 4y, SigeaitijeAAotary P lic - State of Flo ` a Print, Type or Stamp Nkne of �aa'� Notary Public 4 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 3, 2015 SUBJECT: AGENDA ITEM 8.11 -REGULAR COMMISSION MEETING OF MARCH 31,2015 EARTH DAY PROCLAMATION BACKGROUND Earth Day is an annual event designed to inspire awareness and appreciation for our global environment. Founded by U.S. Senator Gaylord Nelson in 1970, the first Earth Day led to the creation of the United States Environmental Protection Agency and the passage of the Clean Air, Clean Water, and Endangered Species Acts. The 45th Anniversary of Earth Day is Tuesday, April 22, 2015, and the worldwide theme is "It's Our Turn To Lead". The City of Delray Beach is celebrating Earth Day on Saturday, April 25th at Veterans Park in collaboration with the Florida Earth Festival, the League of Women Voters of Palm Beach County, FAU Pine Jog Environmental Education Center, US Green Building Council South Florida Chapter, and a coalition of South Florida artists. The event will feature public art to visualize the future impacts of higher water levels due to climate change as well as inspire conversations about the City's continuing adaptation efforts to move toward resilience and sustainability. WHEREAS, the City of Delray Beach recognizes the importance of environmental stewardship regarding energy, water, air, land, and waste; and WHEREAS, the Mayor with full support from the City Commission established the Green Implementation Advancement Board in 2010 to make recommendations to the City Commission regarding environmental sustainability and ideas to implement the recommendations; and WHEREAS, our environment directly impacts the quality of life for all residents, businesses and visitors in Delray Beach and an increased awareness of these issues will continue to make our community a better place to live,work and play; and WHEREAS, April 22, 2015 marks the 45th anniversary of the first celebrated Earth Day; and WHEREAS, Earth Day provides a special time each year to lead by example and encourage efforts towards a greener, cleaner, healthier, sustainable community; and WHEREAS, Earth Day will be celebrated by the City of Delray Beach on Saturday, April 25, 2015, at Veteran's Park. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim Saturday, April 25, 2015 as: Earth Day in Delray Beach and encourage all residents, schools, businesses, churches and others to participate in this city led ongoing green effort; and 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 3151 day of March, 2015. CARY D. GLICKSTEIN MAYOR i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: March 9, 2015 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF MARCH 31,2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS 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. Planning and Zoning Board Meeting of February 23, 2015 No appealable items were considered by the Planning and Zoning Board. The following items which were postponed or continued will be re-considered by the Board: A. Postponed to May 18, 2015 (6 to 0), the conditional use requests to allow an increase in the building height to exceed 48 feet (59' 6" proposed) and to allow the establishment of a movie theater (iPIC Theater) within the CBD (Central Business District) for Fourth & Fifth Delray, located south of East Atlantic Avenue, between SE 4th Avenue and SE 5th Avenue. B. Postponed to May 18, 2015 (6 to 0), the abandonment of a portion (north 196.18 feet) of the 16 foot wide north-south alley right-of-way, lying within Block 101, of the Plat of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the public records of Palm Beach County, Florida, in conjunction with the Fourth and Fifth Delray development. C. Continued (6 to 0), consideration of the final plat for Atlantic Crossing, located between East Atlantic Avenue and NE 1 st Street and between NE 6th Avenue and Veterans Park and also including the parcel of land located at the northeast corner of NE 7th Avenue and NE 1 st Street. Upon the advisement by the City Attorney's office, the Board voted to postpone the following items as a result of concerns raised by the timing of f the posting of the Planning and Zoning Board Agenda. D. Consideration of a final subdivision plat for Cherokee Plat, a proposed 4-lot subdivision located at the southeast corner of Swinton Avenue and NW 8th Street. E. Initiation of LDR Amendments regarding the relocation and demolition of structures within the historic districts. Site Plan Review and Appearance Board Meeting of February 25, 2015 1. Approved with conditions (3 to 1 Alice Finst dissenting, James Chard, Andrew Youngross and Roger Cope absent), a blanket sign program for one flat wall sign per tenant space (4 tenants) for Martier, located at 411 East Atlantic Avenue (north side of East Atlantic Avenue, between NE 4th Avenue and NE 5th Avenue). 2. Approved (4 to 0, James Chard, Andrew Youngross and Roger Cope absent), a master sign program to establish cabinet signs for Pointes West Plaza, located at 5180 West Atlantic Avenue, southwest corner of West Atlantic Avenue and Military Trail. 3. Approved (4 to 0, James Chard, Andrew Youngross and Roger Cope absent), a color and material change associated with replacement of a storefront awning for Subculture Coffee, located at 123 East Atlantic Avenue (north side of East Atlantic Avenue, west of NE 2nd Avenue (Pineapple Grove Way). 4. Approved (4 to 0, James Chard, Andrew Youngross and Roger Cope absent), a Class I site plan modification associated with the redesign of the building exterior for FJKA Office Building, located at 466 NE 5th Avenue (west side of NE 5th Avenue, north of NE 4th Street). 5. Approved with conditions (3 to 1, Alice Finst dissenting, James Chard, Andrew Youngross and Roger Cope absent), a Class I site plan modification for Hudson at Waterway East to allow the installation of a patio bar within the outdoor dining area and to modify the 10:00 p.m. restriction on the provision of service to the outdoor dining/bar and "open air" area and to allow the hours of operation from 11:00 a.m. to 11:00 p.m. on Monday through Saturday and from 11:00 a.m. to 10:00 p.m. on Sunday. 6. Tabled (4 to 0, James Chard, Andrew Youngross and Roger Cope absent), a Class I site plan modification associated with the renovation of the shopping center fagade that includes the addition of awnings, color change and parapet addition for 885 SE 6th Avenue (east side of SE 6th Avenue, south of SE 8th Street). 7. Approved with conditions (4 to 0), a Class I site plan modification associated with the addition of remote access front entry doors for Honolulu Hot Dog, located at 632 East Atlantic Avenue (south side of East Atlantic Avenue, east of SE 6th Avenue). Historic Preservation Board Meeting of March 4, 2015 8. Approved with conditions (7 to 0), a Certificate of Appropriateness associated with the demolition of a contributing structure located at 134 SE 1St Avenue within the Old School Square Historic District. 9. Approved with conditions (7 to 0), a Certificate of Appropriateness associated with the replacement of windows and doors on a non-contributing structure located at 411 North Swinton Avenue within the Del- Ida Park Historic District. DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of February 23, 2015 through March 6, 2015. OPERATING COST TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH MARCH 31, 2015 PLANNING &ZONING DEPARTMENT U • 0 u—..—u—` f..—..—..—u—u—u—u—u—u—a—u—u—• —u— 1 Y � Q 9 1 4 i Lakelda Rd o � o Q 1 N > Q W �••—� s z i 3 7 5 1 —" C"—•• n St .—..—..—....—..; 1 —..�..—..—..—..: 1 ..i 2 1 Pal 1 1 1 t antic Ave W Ind 3t j.j 8 Q 1 i..—•y o 1 6 U)i 1 oo °) c 1 o c Co � SW 10th St SE lot t Lowson Blvd o 1 < > 1 °' 1 1 _ in on Blvd v, _ Linton Blvd ............ 1 ! erman Ow o > 1 m l m c W 0 o p m 1 > Q) — o °) co 1 m ..—..—..—..—..—..—..—..—..—..—..—..—..—..—..— ..—..—..—..— �..<.�, O U SPRAB: 101 1. MARTIER 5. HUDSON AT WATERWAY EAST HPB: 8. 134 SE 1ST AVENUE 2. POINTES WEST PLAZA 6. 885 SE 6TH AVENUE 9. 411 N. SWINTON AVENUE 3. SUBCULTURE COFFEE 7. HONOLULU HOT DOG 4. FJKA OFFICE BUILDING Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 3-31-15.mxd i MEMORANDUM W TO: Mayor and City Commissioners FROM: Suzanne Davis, Parks & Recreation Director THROUGH: Donald Cooper, City Manager DATE: March 12, 2015 SUBJECT: AGENDA ITEM 8.L.1-REGULAR COMMISSION MEETING OF MARCH 31,2015 BID AWARD/L.V. SUPERIOR LANDSCAPING INC. BACKGROUND The City issued a bid for Landscape Median Maintenance (Bid 2015-20) on December 21, 2014. The Bid encompassed several areas on Lake Ida Road, George Bush Blvd and West Atlantic. While six vendors attended the pre-bid conference on January 7, 2015, only two vendors submitted bids on the bid deadline date of January 28, 2015. The lowest bidder is L.V. Superior Landscaping, Inc. on every area of the bid tabulation sheet (attached). The total amount of the bid is $46,022 annually. The breakdown by area is: • Lake Ida Medians (Between Congress Ave. &Military Trail)—Area Al - $12,302.00 • Lake Ida Medians (Between Swinton Ave. &I-95) —Area A2 - $10,129.00 • George Bush Blvd. (N.E. 8th St.) Area B1 - $11,406.00 • W. Atlantic to Swinton to I-95. Area B2 - $12,185.00 Staff is recommending the City award Bid 2015-20 to L.V. Superior Landscaping for a one year term with two additional one year renewal options. The recommendation for award is in compliance with the Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (A) "Sealed Competitive Method" (1) "Competitive Bids". FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION OPERATING COST TIMING OF THE REQUEST Maintaining the Landscape Maintenance Services for these areas is essential in keeping with the high level of maintenance service provided thus the timing of this request is of high importance. FUNDING SOURCE This funding will be from the FY 2015 Beautification budget, account number 119-4131-572.46.40. RECOMMENDATION Staff recommends City Commission approve an award to L.V. Superior Landscaping, Inc. in the amount of$46,022 for a one year agreement with two additional one year renewal options for landscape median maintenance. i �. I O p iv 4v � W t v ro A � U W oc E E E �,E!. N dw o �� L7 Ul 9 w 40 co UJ "3 s W �C? cy � 0" z W uj `m LAW e r IL m o r z o Gn M m m a z Q o Q mi z as z ® o o ® Q o m � P No \� a m G w m The Palm Beach Post CM'S S'K'IS�E Palm Beach Daily News CITY OF DELRAY BEACH PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF RT $ 11111ij T FO PALM BEACH Before the undersigned authority CITY 4F DELRAY BEACH personally appeared Tiffani Everett, who on oath says that she is Call Center Legal Advertising LANDSCAPE MAINTENANCE Representative of The Palm Beach Post, a daily and LAKE IDA MEDIANS (BETWEEN CON- in Palm Beach County, Florida shat the Palm Beach DRESS AVENUE & MILITARY TRAIL the attached GEORGE BUSH BLVD. (N.E. $TH ST & W. newspaper��#Fng for a Notice was published in said ATLANTIC AVENUE) p � First date of Publication 12/2112()14 ANNUAL CONTRACT and last date of Publication 12/21/2014 Affiant further says that the said The Post is a newspaper published BID No. 2015-10 at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore PUB: The Palm Beach Post been continuous) 12-2112014 #348300 y Published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. BID NO 2015-20 Ad ID: 679392 Ad Cost: 44.72 RIECEIVED JAN 2 6 2015 FINANCE RECEIVED DEC 3 0 2014 FINANCE ��'tpRIA( S�i�i ned KARIE BELL NO€ARy pUBLtC-OHIO vorn to and subscribed before 12/23/2014. ;; .,, �' `,� My COMMISSIDND(PiRES4-12.15 ho is personally known to me. PI200IO5 City Of Delray Beach Florida 3/09/15 Vendor File Inquiry 12 :44:50 Vendor 22533 LAWN WIZARD USA Active/inactive A Select option, press Enter . 1=Select Opt Contract Nbr Description _ LANSCAPE-C LANDSC MAINT S FEDERAL-CONG 2014-09 LAWN WIZARD LANSCAPE-E BID# 2013-29 GREENWAY PLAN, VACANT LOTS _ LANSCAPE-F LANDSCAPE MAINT-STORMWATER RETENTION BID #2014-13 _ LANSCAPE-H LANDSCAPE MAINT-LAKE IDA-BID #2014-04 LAWN WIZARD LANSCAPE-K LAKE IDA MEDIANS-CONGRESS TO MILITARY--BID #2014-05 _ LANSCAPE-L GEORGE BUSH BLVD NE 8TH-W ATL-BID 2013-15 LANSCAPE-M LANDSCAPE MAINT I-95 INTERCHANGES- BID# 2013-24 F3=Exit F7=Items F8=Display contract dates F12=Cancel F13=Commodities L �T o Q N N a r^ T Q C CL Q a •� i o °o °o � $ o o $ e pj o 0 0 v. 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L d u IL C g p w R p o D v N W } 4 a t c o � d 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 City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Bid Award 2015-20. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer Kevin Rumell, Fleet Maintenance Superintendent THROUGH: Donald B. Cooper, City Manager DATE: February 20, 2015 SUBJECT: AGENDA ITEM 8.L.2-REGULAR COMMISSION MEETING OF MARCH 31,2015 BID AWARD/SYNOVIA SOLUTIONS LLC/VEHICLE FLEET GPS SYSTEM BACKGROUND The Parks, Community Improvement and Environmental Services departments use a vehicle fleet global position monitoring system for 109 vehicles to reduce vehicle idling, verify vehicle location and to validate employee driving practices. The City issued Bid No. 2015-29 on January 11, 2015 and received responses from the following 11 vendors: • CalAmp • Carahsoft Technology Corp. • GPS North America • International Road Dynamics Corp • Mobile Fleet Solutions, Inc. • MotionLink • Navman Wireless North America, Ltd • Nextraq • SRR International, Inc. • Synovia Solutions, LLC • Track Star International Inc. Staff recommends the award to the lowest responsive bidder, Synovia Solutions, LLC. The per unit pricing is $ 20.54 per month for light duty vehicles and $28.19 for heavy duty vehicles with an annual cost of approximately $ 29,000. This pricing will remain the same through March 30, 2018. The current provider is GPS Management Solutions Inc. with an annual cost of approximately $ 40,300. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. FUNDING SOURCE The funding will be provided from user departments in the FY 2015 through 2018 budgets. RECOMMENDATION By motion, approve the award of Bid No. 2015-29 for the Vehicle Fleet Global Positioning System to Synovia Solutions, LLC at $20.54 and $28.19 per unit per month through March 20, 2018, at a not to exceed annual amount of$ 29,000, subject to Commission approval of funding in the FY 2016 though FY 2018 budgets. 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 City Commision Approval: 36.03(C) (3) Professional Service ❑✓ 36.03(A) $25,000 and above (4) Speciality Good ❑ 36.03(B) Multiple acquisitions $25,000 and above (5) Emergency Acquisition (6) (a) Sole Source Sole Source Letter (6) (b) City Standard (7) Other Government Contract Entity who awarded contract (10) Resale Letter certifying best price (11) Best Interest Best Interest Resolution 36.09 Revenue generating contract 36.06 Change Order Original Commission Approval Date: Amount approved: Contract Q Yes Q No Comments and Notes: Bid award - Approval of unit pricing $20.54 and $28.19 per vehicle per month depending on vehicle type. Annual purchase order to be issued Ln 0 N Q0 M IZI- 00 N �o O O O O O O N O O �o zt r-I n O O �o 110 O 110 m 110 (, N N Lf1 4 O O N N 00 4 l6 M N r-I M O O qt qt O r- N lfl al IZI- M O r- r- 0) 0) O r-I N IZI- N L6 00 O N N M M (al (al c-I Q �l I- O O Ln Ln O Ln al O _> Lf) r-I 0) O O m m O m m I- t CL ++ O 00 N Ill Ill Ill Ill l6 cl cl r4 '^ E N N N N N N N N N N M V O O E CA U cn �l �l �l �l �l �l �l m N .O Cil � O O O O O O O O O O 111 t •� i r-I O d 0l N d O m o _ L7 cn sz J V Gl O u � U — 1.L 'L U_ � v i E o Q O U J J w U O J J O O fB Z > N N m � O C= C= O O N N O O cn O W Q O O (n (n O L J > > °' `� E z o L o x Q > o Ln cn 2 U Z c°Ci� U CD Z CITY OF DELRAY BEACH 100 NW 1"AVENUE,DELRAY BEACH,FL 33444 BID N0. 2015-29 VEHICLE FLEET GLOBAL POSITION SYSTEM (GPS) MAYOR -CARY D.GLICKSTEIN VICE MAYOR -SHELLY PETROLIA DEPUTY VICE MAYOR -JORDANA JARJURA COMMISSIONER -AL JACQUET COMMISSIONER -ADAM FRANKEL 4 CITY MANAGER -DONALD COOPER R, i Purchasing Division*Finance Department 0(561)243-7161/7163 ®Fax(561)243-7166 i ll I i Co - O -Q, C'3 N (d d N H � (1? Q U U (4 V CL CD 0 Q v M c W 'D 0► m J =_ m m N W O U- 0 v~► ' 2 2 >+ O n Z L W W 0 W O Q ma=) m U c Z o Z am LL •A Q N L a W 4Q 2 .' a Q 0 Q� LL LL o 0 (L O o X (D W Ua ° v ¢ U W J V a CL V a U _�CD d O +° D Q d = p = Q a W °_ O O Z v M •N •E E •� E cn = a y m -0 �, E CD CITY OF DELRAY BEACH TEL: (561) 243-716117163 FAX: (561) 243-7166 PURCHASING DIVISION INVITATION TO BID ITB NO: 2015-29 TITLE: VEHICLE FLEET GLOBAL POSITION SYSTEM (GPS) ISSUE DATE: January 11, 2015 DEPARTMENT: ENVIRONMENTAL SERVICES DUE DATE: February 3, 2015 TIME: 3:00 P.M. (local time) INSTRUCTIONS All bids shall be submitted in sealed envelopes, mailed or delivered. All sealed bids must be received on or before the due date and time (local time) at the City of Delray Beach, Purchasing Office,100 NW 1st Avenue, Delray Beach, Florida 33444. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Bids will be publicly opened at City Hall and all bidders and the general public are invited and encouraged to attend. Each Bid submitted shall have the following information clearly marked on the face of the envelope: the Proposer's name, return address, BID number, BID title, due date and time. It is the sole responsibility of the bidder to utilize the forms provided in the bid package and to ensure that his/her bid reaches the Purchasing Office on/or before the closing date and hour as shown above. Included in the envelope shall be ONE (1) unbound original, TWO (2) copies of all bid sheets, and one (1) electronic copy of all submitted materials on CD. The original should be marked "ORIGINAL". Each copy must be identical to the original and the file format on the CD should be in Portable Document Format (pdf). The City's Solicitation information can be obtained from: a) DemandStar- The City of Delray Beach publishes electronic online services for notification and distribution of its Solicitation documents. Please contact DemandStar at www.demandstar.com or by calling them at 1-800-711-1712 b) Request via email c) City of Delray Beach— Hard copies are available at City Hall Bidders who obtain Solicitations from sources other than those named above are cautioned that the bid package may be incomplete. The City will not evaluate incomplete bid packages. DemandStar is an independent entity and are not agents or representatives of the City. Communications to these entities do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the event of any discrepancy between information on these websites and the hard copy Solicitation documents, the terms and conditions of the hardcopy documents will prevail. Bid No2015-29 GPS Equipment 1 Vehicle Fleet Global Position System JANUARY % 2 i5 This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. SCOPE OF SERVICES: The City of Delray Beach Environmental Services Division is requesting bids for a Vehicle Fleet Global Position System. DUE DATE: TUESDAY FEBRUARY 3 2015 prior to 3:00 P.M. at veMcfn true all lbids WE be publicly opened and react. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be publicly opened and read aloud, immediately after the established closing time and date, at City Hall, 100 N.W. 1" Avenue, Delray Beach, FL., first floor Conference Room. Bidders and the general public are invited and encouraged to attend. The following forms must be included in the sealed bid package: ® Indemnity/Hold Harmless Agreement. ® Cone of Silence Drug Free Workplace Certification Corporate Acknowledgment ® Certificate (If Corporation) Schedule of Pricing Bid Signature Form All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 15T Avenue, Delray Beach, Florida 33444. Bids time-stamped at 3:01 A.M. or later, will not be considered for award and will be returned to the Bidder. INQUIRIES: Questions regarding this solicitation must be sent through email to purchasing, 1?u -har .,,defray,_ °.com_ To ensure a timely response, inquiries should be made by Monday, January 26, 2015 no later than 2:00 P.M. information in response to inquiries may be published as an Addendum. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities„ irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. Bid No.2015-29 GPS Equipment 2 CITY OF DELRAY BEACH BID No. 2015-29 Vehicle Fleet Global Position System Table of Contents Invitation to Bid 1-z Table of Contents 3 General Conditions, Instructions and Information 4 -8 Indemnity/Hold Harmless Agreement 9 Cone Of Silence 10 Drug Free Workplace Certification 11 Corporate Acknowledgment 12 Certificate (If Corporation) 13 Specifications 14-15 Schedule of Pricing 16 Bid Signature Form 17 Check List 1s Statement of No Bid — 19 Bid No.2015-29 GPS Equipment 3 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION 1. SUBMISSION AND RECEIPT OF BIDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in ink. All prices shall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantities is estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES AND PRODUCT CONSIDERATION: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of ninety (90) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. F. Economic Price Adjustment: a) there may be a change in the Successful Bidder's price due to fluctuations in the cost of doing business. In the event of a decrease, the City Bid No.2015-29 GPS Equipment . 4 shall receive the benefit of this change. In the event of an increase, the Successful Bidder must provide Purchasing with a written request and suitable justification at least thirty (30) calendar days before the price increase would become effective. The City determines if the price increase is justified. Only recognized economic indices will be used to consider any increase in contract pricing. Only one (1) escalation request will be considered from the Successful Bidder on an annual basis at the time of renewal. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. S. BRAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. Bid No.2015-29 GPS Equipment . 5 B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. 14. SPECIFICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 15. LIABILITY, INSURANCE, LICENSES AND PERMITS: A. PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain a "Business Tax License" before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies to have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-7150. See pages 13 - 15 for Insurance Requirements. 16. AWARD OF BID: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 18. EXCEPTIONS TO CONDITIONS 1 THRU 17 Boiler Plate): Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. Bid No.2015-29 GPS Equipment . 6 19. RENEWAL: Not Applicable 20. TERMINATION: The City reserves the right, in its best interest as determined by the City, to cancel contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 21. ANTI-COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s), 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof, or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of its' branches. 23. CITY POLICIES: Awarded contractor shall comply with the City of Delray Beach Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Delray Beach Human Resources Division. Violations of these policies may result in cancellation/termination of the contract. 24. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 25. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or Bid No 2015-29 GPS Equfpment . 7 perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 26. BID PROTEST: PROTEST OF AWARD 1 PROTEST BOND: Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made. After the notice of intent to award and agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Purchasing Officer by close of business on the third business day after posting (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. Note: Any bidder, proposers or responders filing a protest shall simultaneously provide a Protest Bond to the City in the amount of five percent (5%) of the Protester's bid, proposal, or response amount or the amount of fifteen thousand dollars ($15,000.), whichever is less. If the protest is decided, in the protester's favor the entire protest bond is returned. If the protest is not decided in the protester's favor the protest shall be forfeited to the City. The protest bond shall be in the form of a cashier's check. Ord.No.29-13, Section 36.04 Protest shall be addressed to: City of Delray Beach Chief Purchasing Officer 100 NW 1St Ave Delray Beach, FL 33444 27, PUBLIC RECORDS: Contractor shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, Contractor 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, 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 Contractor 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 t being made to the Contractor. e) If Contractor 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, Bid No 2015- 29 GPS Equipment . 8 INDEMNITYIHOLD HARMLESS AGREEMENT BID Me- 2015-29 Vehicle Fleet Global Position System Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any 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 caused by any negligent act, error or omission, recklessness, or intentionaiiy wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Signature Date Bid No.2015-29 GPS Equipment . 9 CONE OF SILENCE 1311 ale.200-29 Vehicle Fleet Global Position System The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Delray Beach, Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article: shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, and contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. Contractor's Name Signature Date Bid No.2015-29 GPS Equipment . 10 DRUG FREE WORKPLACE CERTIFICATION BID No,2015-29 Vehicle Fleet Global Position System If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug free workplace through implementation of this section. Contractor's Name Signature Date Bid No.2015-29 GPS Equipment . 11 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of 20 , by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknoweedger Typed, Printed or Stamped Bid No2015-29 GPS Equipment . 12 CERTIFICATE (If Corporation) STATE OF FLORIDA } SS COUNTY OF } HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on 20_, the following resolution was duly passed and adopted: "RESOLVED", that as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20 (Secretary) (Seal) Bid No.2015-29 GPS Equipment 13 SPECIFICATIONS BID No. Zois-" Vehicle Fleet Global Position System A. PURPOSE: The City of Delray Beach seeks to select one qualified firm to provide a Vehicle Fleet Global Position System (GPS) solution. The solution shall include the following: (a) Vehicle tracking devices (b) Installation services (c) Activation fees, if required (d) Any recurring monthly fees, if required (e) Web-based software to track vehicles (f) The ability to repair or replace parts for devices (g) Training on the use of the devices (h) Software and maintenance for the proposed solution (i) Vehicle use monitoring The City of Delray Beach currently utilizes 109 GPS, please price as a total unit including installation. B. TERM: Bidder warrants by virtue of bidding that prices shall remain firm through March 30, 2018. The City will issue a purchase order for each fiscal year of activity. In the event of mathematical error(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. C. METHOD OF ORDERING: A series of Purchase Orders will be issued for this purchase. Delivery is requested within thirty (30) calendar days after receipt of purchase order. Invoice(s) for the products shall refer to the appropriate purchase order number and the appropriate item number. Invoices must be submitted to Accounts Payable, 100 N.W. 15'Avenue, Delray Beach, FL or email electronic invoices to: AccountsPayable(cDmydelraybeach.com (preferred method). D. INFORMATION: Any technical questions in regard to the submission of your bids and/or "Specifications" should be addressed in email to: vath @mydeiraybeach.com, Chief Purchasing Officer. E. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. F. ESCALATION CLAUSE: The City of Delray Beach acknowledges the fluctuating nature of prices for items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions: a. Price increase(s) and price decrease(s) comparable to documented manufacturer's changes. b. Receipt of proper notification to Purchasing, in writing, of all items affected by price increases/decreases. Bid No2015-29 GPS Equipment 14 c. Where all prices shall have remained firm for a minimum of 120 days after effective date of contract. d. All price increase(s) an decrease(s) to be approved by the Finance Director. e. The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving (60) days' notice to the Contractor. G. SCOPE OF SERVICES: The City is seeking bids from qualified contractors who have the expertise necessary to furnish, install and service a Vehicle Fleet GPS System and Equipment. Contractor shall provide and install, for purchase or lease by the City, hardware and software to equip approximately 109 vehicles with a Fleet GPS System. The City intends to establish a three-year service agreement with the vendor who offers the most cost effective option. Proposals shall include detailed information describing the manufacturer and model of the equipment. System functionality, reporting capabilities, monitoring fees and services will be major factors in determining award. System specifications are as follows: • Capability to track multiple vehicles (real-time and logged tracking) • Transmit, for recording and storage in the proposed software solution, the location of each vehicle at intervals of two (2) minutes or less • Simultaneous real-time mapping of multiple vehicles • Ability to track each vehicle after scheduled hours • Ability to track each vehicle's speed and number of starts and stops • Ability to detect if any vehicle's engine is running • Web access for tracking, reporting and viewing maps with vehicle locations • Ability to view account information online • Printable built in reports and individual vehicle reports. • Schedulable electronic reporting and delivery • Easy hardware installation that does not require extensive modification of vehicles • Durable, low maintenance equipment • Cellular and GPS antennas shall be internal to the unit, with an option for an external antenna. • Vendor shall offer a full product line of mobile device options for various input and functional needs (3GILTE minimum). • Vendor shall offer optional alternative mobile devices that support 4GILTE and WiFi hotspot capabilities. • Vendor must offer devices and data plans from multiple wireless network carriers including at a minimum AT&T and Verizon. Software requirements • Accessible in an industry standard Web browser such as Microsoft Internet Explorer. • Must support unlimited simultaneous users. Bid No.2015-29 GPS Equipment . 15 • Able to show vehicle location information including: ID, location, heading, address, latllong, time of fix, status, speed, etc. All parameters shall be customizable to the client's preference. • Filtering capabilities to limit viewing vehicles to specific groups or subgroups. • Vehicle table or list that shows a preview of vehicle information. The vehicle list shall allow easy pan/zoom to a selected vehicle. • Capable of creating "geofences" using a radius and polygon selection, as well as, distance from a configurable line (routes). Reporting requirements • Detailed Summary: This report provides an overview of all events that happened for the vehicle(s) during a given date/time range. • Duration Detailed: This report should compute the elapsed time between two statuses such as time spent at site or on the road. • Event Summary: This report should list all violations of established Exception Condition parameters and its details. • Exception Conditions: This report must list all Exception Conditions that have been recorded. • Landmarks: This report should show the locations that have been recorded. • Location Event: This report should show the locations for the selected vehicle(s) for a given date/time. • Off/Out of Service Summary: This report should list the times and duration a vehicle is off/out of the service area. • Routing Detail: This report should provide the route statistics such as total stops, total drive time, and total break/lunch time for the entire route. • Stationary Summary: This report should list all of the vehicles(s) that went past a pre-set stationary vehicle time parameter and the location where the vehicle was stationary. • Vehicle List: This report should provide any vehicle information entered in the database. • Reports shall be exportable to Word, Excel, PDF, and other formats. Bid No_2015-29 CPS Equipment . 16 SCHEDULE OF PRICING Did #2015-29 Vehicle Fleet Global Position System A. Description Cost Monthly Cost per unit including warranty and ea installation B. JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Palm Beach, Martin and Broward County Governmental agencies? ❑ Yes ❑ No C. BID INFORMATION WAS OBTAINED FROM: ❑ DemandStar ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Bid No 2015-29 GPS Equipment 17 CITY OF DELRAY BID SIGNATURE FORM BID No, 2015-29 Vehicle Fleet Global Position System PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. NAME OF BIDDER Name as registered with their State of origin BUSINESS STREET ADDRESS ➢ P.O. Box address not permitted CITY, STATE,ZIP CODE MAILING ADDRESS: ❑ Check if same as Business address above. BUSINESS MAILING ADDRESS CITY, STATE, ZIP CODE AUTHORIZED SIGNATURE (Written) PRINT NAME TITLE (of person signing form) DATE TELEPHONE NUMBER FAX NUMBER EMAIL ADDRESS VENDOR SERVICE REP FOR ORDER PLACEMENT NAME TELEPHONE 1 CELL NUMBER FAX EMAIL ADDRESS Bid No.2015- 29 GPS Equipment 18 CITY OF DELRAY CHECK LIST BID No. 2015-29 Vehicle Fleet Global Position System ❑ YES ❑ NO Check List Form ❑ YES ❑ NO Bid Signature Form ❑ YES ❑ NO Schedule of Pricing (check for accuracy) ❑ YES ❑ NO Addenda Acknowledgement (if any) ❑ YES ❑ NO Indemnity/Hold Harmless Agreement ❑ YES ❑ NO Cone of Silence ❑ YES ❑ NO Drug Free Workplace Certification Vendor Name: (Please print) Thank you for your interest in the City of Delray Beach Bid Nn.2015-29 CPS Equipment . 19 EITY OF UELRRY BEREH DELR��AY BEACH All-AmAU-Ami�ili� iri February 25 2015 ty ry , I Michael B. Hughes Track Star International, Inc. 8801 J.M. Keynes Drive, Suite 260 Charlotte, NC 28262 RE: BID 2015-29 —Vehicle Fleet Global Position System Dear Mr. Hughes: Your bid submittal package for the above referenced Bid, is deemed non- responsive, per page six, section 16. The specifications required a web-based solution and your submittal indicates: "The proposed Track Star AVLS system is presently delivered in a client/Server architecture." This does not meet that bid specifications. If you have any questions in regards to this matter, you may contact me at (561) 243-7123 or via email, vathCcD_mydelraybeach.com. Sincerely Holly Vath Chief Purchasing Officer i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: February 18, 2015 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF MARCH 31,2015 CONSIDERATION OF AN APPEAL/(SPRAB)DECISION/THE CARING KITCHEN BACKGROUND The item before the City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's action for The Caring Kitchen, located at 196 NW 8th Avenue. This request is being processed pursuant to LDR Section 2.4.7(E)[Appeals]. The subject property is zoned Community Facilities (CF) and is located at the southwest corner of Dr. Martin Luther King Jr. Drive and NW 8th Avenue and contains a one-story building that was constructed in 1966. The property is owned by the City of Delray Beach and is leased to the American Legion Post 188. The American Legion Post 188 subleases the property to Christians Reaching Out to Society (CROS) Ministries who operates The Caring Kitchen, a community kitchen social service facility. The site plan modification request is to allow the construction of a 165 square foot building addition (6'8" x 24'10") at the southwest corner of the building that will accommodate the construction of new men's and women's restrooms with shower; a new 6' 8"x 6' 7" storage area which will be accessed via the existing cooler storage area; and, the installation of a washing and drying machine. Currently, the facility has two men's restrooms and two women's restrooms which are not handicapped accessible. The restrooms will be rebuilt and converted to one men's restroom with a shower and one women's restroom with shower. The restrooms will be designed to meet the handicap accessibility requirements and will only be accessed from the interior of the building which will enable staff to monitor who accesses the restrooms. The proposed design only allows one occupant to utilize the restroom/shower at any given time. Advisoa/Approving Board Recommendation: On January 28, 2015 the Site Plan Review and Appearance Board (SPRAB) took the following actions: Site Plan Modification Approved the Class III Site Plan Modification for The Caring Kitchen on a 6 to 0 vote (Terra Spero absent) subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing the conditions of approval and engineering technical items contained in the staff report; (noted below). a) Indicate location of existing utilities in area of addition. 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one space per employee/volunteer during the largest shift, and that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or a camera security device is provided surrounding the site, or at a minimum one camera installed per direction (i.e. facing north, south, east and west). 5. That staff works out the location of the proposed bike racks on the site plan. Architectural Elevations: Approved the Architectural Elevations on a 6 to 0 vote (Terra Spero absent) subject to the following conditions: 1. That the entire building is re-painted white upon completion of the building addition. 2. That the architect investigates the connection of the addition to the existing building to provide an architectural element at that joint. DISCUSSION Consider the appeal to the Class III Site Plan Modification approval decision rendered by the Site Plan Review and Appearance Board (SPRAB) for The Caring Kitchen. OPERATING COST TIMING OF THE REQUEST There is no sensitivity with this request. RECOMMENDATION The Planning &Zoning Department recommends City Commission discretion. SITE PLAN 111 APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 28, 2015 AGENDA ITEM: III.A ITEM: The Caring Kitchen (196 NW 81h Avenue) – Class III Site Plan Modification Associated with a 165 Sq. Ft. Building Addition for an Expansion of the Restrooms and Storage Areas and Installation of a Washing and a Dryer Machine. GENERAL DATA: Owner City of Delray Beach t LLl t Applicant......................... American Legion Post 188 d i � Agent.......................................... GE Architecture, Inc. Location...... ............................... Southwest corner of NW 2nd Street (Dr. Martin Luther King — Jr. Drive) and NW 8th Avenue Property Size.............................. 0.359 Acres I Future Land Use Ma LID Low Density Residential 0-5 3 Current Zoning du/ac) �— NW 3rd St g............................ CF (Community Facilities) District) Adjacent Zoning................North: R-1-A (Single Family Residential) District} .:i East: R-1-A (Single Family Residential) District} � } �..� �� South: R-1-A (Single Family Nlw_n t' L LPL_ Residential) District) West: R-1-A (Single Family j r Residential) District) Existing Land Use...................... The Caring Kitchen Proposed Land Use.................... The Caring Kitchen n {� Water Service............................. Existing on site via 6" main on ��-- � NW 8th Avenue. s�� i.._ 1 � LLB Sewer Service............................. Existing on site via 4" main on NW 8th Avenue. �. ..�_I i ..a i I L .._.1 I ..._._..' LLLL W Atlantic Ave 15 00 j NORTH 1 ITEM BEFORE THE BOARD The action before the Board is approval of a Class III Site Plan Modification request for The Caring Kitchen, located at 196 NW 8th Avenue, pursuant to LDR Section 2.4.5(G)(1)(c). BACKGROUND The subject property consists of Lots 22, 23 and 24, Block B, West Side Heights, according to the Plat thereof, as recorded in Plat Book 13, Page 61, of the Public Records of Palm Beach County, Florida and is zoned Community Facilities (CF). The property is located at the southwest corner of Dr. Martin Luther King Jr. Drive and NW 81h Avenue and contains a one- story building that was constructed in 1966. The property is owned by the City of Delray Beach and is leased to the American Legion Post 188. The American Legion Post 188 subleases the property to Christian Reaching Out to Society (CROS) Ministries who operates The Caring Kitchen, a community kitchen social service facility. On April 14, 1992, the City Commission approved Ordinance 13-92 rezoning the subject property from R-1-A (Single Family Residential) to CF (Community Facilities). On May 27, 1992, the Site Plan Review and Appearance Board approved a site plan and landscape plan to relocate the parking to the rear of the building in order to accommodate street and drainage improvements. In 1993, CROS Ministries Community Food Pantry opened a hot meal program at Mt. Olive Missionary Baptist Church located at 40 NW 4th Avenue. In 1997, the Caring Kitchen moved its operation to the current location at 196 NW 8th Avenue. At the subject site, The Caring Kitchen provides Breakfast on (Mondays through Fridays, 9:00am to 10:a.m.); Lunch (Mondays through Fridays, 11:30 — 12:30p,m.) and Dinner (Monday, Wednesday, Thursday and Sunday, 5:00-5:30p.m.) Also, meals are prepared at the site and delivered off-site. The Caring Kitchen is also a Department of Children and Family Community Partner and assists participants in applying for food stamps, Medicaid and cash assistance. Prior to consideration by the Site Plan Review and Appearance Board, as property owner, the written consent of the City Commission was required to allow CROS Ministries to pursue the site plan modification application. On December 9, 2014, the City Commission authorized CROS Ministries to pursue the site plan modification application. PROJECT DESCRIPTION The development proposal seeks to rebuild and expand the existing restroom facilities; expand the storage area; and add the provision of a laundry area that contains one washing and one drying machine. The site changes include: 1. Construction of a 165 square foot building addition (6'8" x 24'10") at the southwest corner of the building; 2. Demolition of the common wall between the womens and mens restroom and the exterior walls and windows adjacent to the restroom facility; 3. Removal of the bathroom fixtures; 4. Construction of new mens and womens restrooms with shower; 5. Addition of a new 6' 8" x 6' 7" storage area which will be accessed via the existing cooler storage area; SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification 6. Installation of a washing and drying machine; 7. Installation of two single hung windows on the west building elevation; and, 8. Installation of two wall mounted flood lights along the west elevation. Currently, the facility has two men's restrooms and two women's restrooms which are not handicapped accessible. The restrooms will be rebuilt and converted to one men's restroom with a shower and one women's restroom with shower. The restrooms will be designed to meet the handicap accessibility requirements and will only be accessed from the interior of the building which will enable staff to monitor who accesses the restrooms. The proposed design only allows one occupant to utilize the restroom/shower at any given time. The Class III Site Plan Modification and Architectural Elevations are now before the Board for consideration. SITE PLAN MODIFICATION ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Community Facilities (CF) zone district. Ma �rxru ��Idtn '1-trht 48' 11,6° 'erfm� tbes 10' 17' (minimum) pn Sac = 25% 62.4% LDR Chapter 4.6 Supplementary District Regulations: Parking: The Land Development Regulations do not provide a specific parking ratio for community kitchens. LDR Section 4.6.9(C)(1)(d) states: Uses Not Listed: "Any use, or use category, which is not specifically listed herein shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure." The applicant has submitted the following statement for consideration in the establishment of the parking requirement for the subject site: "Please accept this letter as our formal summary statement with respect to the number of parking spaces we have determined are required for the Caring Kitchen, as outlined below: 1. The peak' hour at the facility is 'lunch' hour. There are 8-15 volunteers (including Community Service workers) who serve during this time, depending on whether the Boutique' 2 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification (clothing closet) is open. Some of the senior volunteers carpool as many do not drive, and a good number of the Community Service workers either walk or ride bicycles. Out of the number listed above, we average 9 volunteers that drive cars. 2. The typical number of people served during 'peak' (which is lunch time) averages 180 in one hour. Most of the individuals walk, and many take meals to neighbors who cannot get out due to illness or old age, so one person could take 2-4 meals at a time. Those being served enter and leave quickly, so while there's an average of 180 people served during peak hour, there are never that many individuals on the property at any one time. Throughout the day, we average between 5 and 10 people every hour. 3. Based on the above information/data, we looked at the American Planning Association parking standards for social service facilities - which requirements are 1 parking space for each 1,500 square feet of building area, plus 1 per employee or volunteer on the largest shift. Based on this standard and the above usage pattern of the facility, our calculations below indicate the following. Total square footage of building (existing and new) = 3,226 sq. ft. Total employees/volunteers = 9 during a shift/serving at peak hours. Based on this information and the American Planning Association, approximately 12 parking spaces are required. Existing facility has 19 existing parking spaces, (1) of which is a HC space". Staff recommends that the requirement be based on the greatest number of volunteers (15) and that a parking requirement for seventeen (17) parking spaces [3,226 sq., ft.= 1,500 sq. ft. = 2.15 plus 15 (staff/volunteers)] = 17.15 spaces. The site accommodates 19 parking spaces, thus this requirement is met. Handicap__Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA (American Disability Act) requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space for every 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200. The project will provide 19 parking spaces, thereby requiring 1 ADA compliant spaces. The site plan shows 1 ADA parking spaces, thus meeting the code requirement. Other Issues: Bicycle Parking Facility: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack exists at the site however, due to the high percentage of bicyclists that utilize the facility the applicant is 3 ', SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification proposing two new bicycle racks along the walkway on the east side of the building. Thus, this LDR requirement has been met. LDR Section 4.4.21(H)—_Special Regulation: Perimeter Landscape Setback: ➢ LDR Section 4.4.21(H)(1) requires that the perimeter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. The subject property was built in 1966, and thus, it is considered a nonconforming with respect to the location of the walkways that traverses the landscape setback areas. ➢ LDR Section 4.4.21(H)(2) requires that when this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The subject site is adjacent to residential zoning to the west and south. Along the south and west perimeters landscape setbacks of 16 feet and 20 feet are provided accordingly. Thus, this requirement has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The existing refuse dumpster with wood enclosure and gates. Recyclable bins are stored within an enclosure located at the northwest corner of the building and are rolled out to the curb for pick-up by the Waste Management Company. Site Lighting: Pursuant to LDR Section 4.6.8(B)(3)(a), General Design Criteria, in determining a lighting design, consideration shall be given to the architectural and environmental aspects of the facility it is to serve. This consideration shall be instrumental in determining type of fixture mounting height, and light source. Pursuant to LDR Section 4.6.8(B)(3)(b), Light Control and Spillage, for perimeter exterior lighting, only full cutoff luminaries will be approved. The applicant is encouraged to minimize light spillage from building and site and to reduce urban-glow for the development/redevelopment proposed. Maximum allowable illumination at the property line of any adjoining parcel or public right-of-way is 0.25 horizontal and vertical foot-candles measured at six feet above grade level. A photometric plan was not required with the subject development proposal. Site lighting is accommodated with existing flood light affixed to the I=PL light pole located within the alley, street lights and wall mounted light fixtures. The applicant has proposed the addition of two wall mounted flood lights on the west elevation. Staff recommends that the new light fixtures be LED 4 SPRAB Meeting January 28, 2015 The Caring Kitchen—Class iII Site Plan Modification and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses and this is noted as a condition of approval. Crime Prevention Through Environmental Design (CPTED): The development proposal was reviewed by the Delray Beach Police Department which provided the following comments: Surveillance: "Surveillance describes the natural ability of `normal users' to observe the activity of others. CPTED standards require that residents, pedestrians, and passing motorists (ali: `normal users) are afforded the ability to observe unlawful activity while conducting routine day to day activities. Good surveillance dictates that most `normal users' will be able to observe illegal activity in nearby surrounding areas. Windows should provide a clear view of the parking lots and sidewalks from inside the building. In addition, they should not be obstructed by signage or plant life. Bushes/shrubs should be no higher than 2 Ft. and all trees should grow to a height of at least 6 Ft." The proposed elevation changes are limited to the installation of two windows on the west elevation which do not provide a view of the parking lot or sidewalk areas. LiQhting: "Lighting strategies are important for two reasons: First, they insure that the appropriate amount of illumination protects a site. Secondly, they provide quality light; characterized by minimum glare and color distortion. Lighting could be improved throughout the site as there are numerous dark areas at night. Lights should be LED and provide a bright white light." As noted above, staff is recommending that new LED light fixtures are provided. Safety/Security The Police Department has raised several concerns with respect to the existing use and states that the addition of showers and laundry will increase medical calls as well as theft calls and disturbances. The Police Department further states that "There are a large number of homeless subjects who use The Caring Kitchen address as their home address. This has created numerous issues for law enforcement and other agencies. It is our belief, that by adding these amenities, it will create a more home like feeling for them and cause more people to use this site as their home address." The Police Department states that calls for service are above average at this site (see attached list) as there are a wide variety of issues that are created by this type of site. The Caring Kitchen has indicated that the laundry (washing and drying machines) are provided to handle dish towels which are utilized in the preparation and service of meals and to wash donated clothing, as needed, instead of volunteers taking them home. The laundry facility will not be available for customers use. Additionally, the use of the showers will not be generally available to the customers. Attached is a narrative from the applicant that addresses the services to be accommodated by the proposed improvements. 5 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification The Police Department recommends the provision of CCTV or camera security device surrounding the site, or at a minimum one camera installed per direction and this is noted as a condition of approval. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1) Indicate location of existing utilities in area of addition. ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1. The plan or the proposed structure is in conformity with good taste; good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The existing building is a 3,061 sq. ft. concrete masonry structure built in 1966 with a brick veneer and smooth stucco finish walls painted white. It contains a kitchen area, dishwashing area, a dining room, pantry, storage area, restrooms, and an office, i The proposed development includes a 165 sq. ft. building addition located on the west side of the existing Caring Kitchen building. This addition will accommodate men and women restrooms with two bench and grab bars shower receptacles, a washer and dryer area, and a new storage area that will be accessed through the existing cooler. The proposed building addition will include two exterior wall mounted flood light fixtures and two single hung impact resistant aluminum windows. The two windows will have exterior caulking aluminum frames to prevent any storm water run over leakage. A galvanized aluminum color dripping edge will also be installed at the top of the wall and beginning of the proposed flat roof. The proposed building addition will match the colors of the existing concrete masonry structure built in 1966 with a brick veneer and smooth stucco finish walls painted in white. To improve the appearance of the building, staff recommends that the entire building be re-painted white and this is noted as a condition of approval. Thus, positive findings can be made with respect to LDR Section 4.6.18(E). 6 SPRAB Meeting January 28, 2015 The Caring Kitchen—Class III Site Plan Modification REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(c), Class III, a modification to the site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requiring partial review of Performance Standards found in Section 3.1.1. A review of LDR Section 3.1.1 has been made below: LDR Section 2.4.5(G) (5): Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class Ill modification. The development proposal involves a 165 square foot addition to accommodate an expansion of the restroom facility, new storage area and addition of washing and drying machines. Pursuant to LDR Section 2.4.5(G) (5), this minor modification does not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas_ LDR Section 3.1.1(A) - Future Land Use Map: Pursuant to LDR Section 3.1.1(A), Future Land Use Map, the resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a LID (Low Density Residential 0-5 du/ac) Future Land Use Map (FLUM) designation and is currently zoned Community Facilities (CF). The CF zoning district is consistent with the LID FLUM designation. The Caring Kitchen has been in operation since 1997 and is acknowledged as permitted at this location. The purpose and intent of the Community Facilities (CF) District states that this zoning district is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi-public, and private purposes. Such purposes include governmental, religious, educational, health care, social service, and special facilities. As a social service facility, The Caring Kitchen meets the intent of the CF zoning district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(S) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: 7 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification As described in Appendix "A", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. Section 3.1.1 ® - Compliance With the Land Development Regulations: As described under the Site Plan Modification Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: Future Land Use Element - Objective A-9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North R-1-A (Single Family Residential) Single Family Residences South R-1-A (Single Family Residential) Single Family Residences East R-1-A (Single Family Residential) Single Family Residences West R-1-A (Single Family Residential) Single Family Residences Over the years there have been neighborhood concerns regarding the operation of The Caring Kitchen. While the facility provides a much needed social service, there have been reports by the neighboring property owners of trespassing by the customers that use this facility. In addition, the Delray Beach Police Department has submitted a list of various criminal activities that were reported at the facility, including assaults, burglaries, disturbances, trespassing etc. While this remains an on-going situation, the development proposal to rebuild the restrooms to comply with the Handicap accessibility requirements and to make them more secure and private will not impact the police activities or increase criminal activities that are reported. It is noted that the proposed improvements result in a net reduction of the restroom fixtures. While the introduction of the showers are new to the facility, this will not increase traffic to the facility as the use of the showers will not be generally available to the customers of the site. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the addition of 165 square feet to allow the existing restrooms to be rebuilt and the provision of new additional storage area does not increase the seating capacity and as 8 .......... - SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification such will not increase the traffic to the site. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Compatibility of the existing use with the nearby properties has been an issue for many years, However, this application seeks to facilitate the provision of handicap accessible restrooms. The current layout allows two occupants within the womens restroom and the mens restroom each of which do not provide separation and privacy. The requested change will not increase the intensity of use at the site as the new floor area will be utilized for storage and for a washing machine and dryer. Therefore, the proposed development will not have any additional impact on the adjacent residential land uses. REVIEW BY OTHERS At its meeting of January 22, 2015, the Community Redevelopment Agency (CRA) reviewed and recommended approval of the development proposal. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ➢ Delray Citizens Coalition ➢ North West Community Improvement Association ➢ Paradise Heights ➢ West Settlers Historic ➢ West Side Heights ➢ Carver Memorial Park ➢ Jefferson Manor ➢ Gateway Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ALTERNATIVE ACTIONS A. Continue with Direction. B. Move approval of the request for a Class III Site Plan Modification and Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(G), 4.6.18(E) and Article 3 of the Land Development Regulations. C. Move denial of the request for a Class III Site Plan Modification and Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G), 4.6.1 8(E) and Article 3 of the Land Development Regulations. 9 SPRAB Meeting January 28, 2015 The Caring Kitchen—Class III Site Plan Modification STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the request for a Class III Site Plan Modification for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(G), and Article 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted addressing the conditions of approval and engineering technical items contained in the staff report; 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one per employee/volunteer on the largest shift, and that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or camera security device is provided surrounding the site, or at a minimum one camera installed per direction. Architectural Elevations: Move approval of the request for Architectural Elevations for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E) subject to the following condition: 1. That the entire building is re-painted white upon completion of the building addition. Report prepared by: Jasmin Allen, Planner Attachments: • Site Plan, Floor Plan, Architectural Elevation, Photographs, Location Map • Parking Statement • Letter from CROS Ministries • Police Event List Report 10 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer. • Water service is existing on-site via a six inch (6") main within the NW Stn Avenue. • Sewer service is existing on-site via a four inch (4") main within NW 8t" Avenue right-of- way. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic., A traffic statement was not required as it was determined that the addition of 165 square feet to accommodate expanded restrooms and storage area would not trigger any additional traffic requirements. Parks and Recreation Facilities- Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: If a restaurant classification is applied the proposed 165 sq. ft. addition will generate 2.05 tons (24.9lbs/square foot x 165sq. ft. =4,108 - 2000) of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated via sheet flow from the parking lot to grass swales located between the building the parking lot. There should be no impact on drainage as it relates to this standard. 11 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent 12 SPRAB Meeting January 28, 2015 The Caring Kitchen —Class III Site Plan Modification G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I X Meets intent of standard Does not meet intent 13 Ei CD S O w 3 [� W y 2 o-:eiyo�sl cw�n�caii:oar�•� r�ls,.:.a3d nuuxm—1—m i4e,, 0 I'll nsn Nn o ao w:secssoa si-Maur s:n; lg 5 § m J W LU E� a Z d Q y p wz CL ... Ul a- H 6-R m o fn m s h ¢ -_F_ -__ _ _ _ -__ - _----_-_ _ _ .__ I _.__ _ _ - - - ---3:1Y3/v Mi8�N _---__ _ __ -.. -_.-- _ _ _ -- - 0 �2•a o u e a w C]6o8ff 5 6 6 5 5 6 5 i ! 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Q —Z _.....s_ J d § 'Y a IuLJ � din 8 >xp s O uj am LL yzw cm:4 tz z¢ J £ O Qo"a 3wV o a 8 $ U Y �o =<E o W�v a^ CL a .emcad si•ani aan:a3unaaa 3e�a wises ad raui an:�ncn.ur,.aai.n�oa sin_;o asn a=nio ao rvoi:,nmae;a vaissa: anv arm n—u --,joa j,: IT @gip EwB C$'1 � q�q°j J"n gig r T - .a: k F: €` Lry IF Sol , ti9 c �, 0 .., ; ter'": i��✓si ��s�-�� 2�s��es -� t� i _ e t IS 4 �1T Air, Mow AW Yr Z ffi'm U � fr's��t S_ � '� ��Pk FN•� L F+ i z �3u j+v 3fEY,�� LJ i�qE, .re CAT MW OWN , A TOM Mm- Win v F t S rf i s Clt r r .�l NW 3rd St m 2 0 z m CD ¢ 3 W NW 2nd St CO V, z z co oa rn z t r z Rlst St FTL11 r THE CARING KITCHEN NORTH pp p� Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT : architecture, inc. architects, planners&designers aa26002044 205 george bush boulevard defray beach,#1 33444 tei 561.276.6611 fax 561.276.6129 January 16, 2015 Jasmin Allen, Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Caring Kitchen Parking Dear Jasmin: Please accept this letter as our formal summary statement with respect to the number of parking spaces we have determined are required for the Caring Kitchen, as outlined below: 1. The 'peak' hour at the facility is 'lunch' hour. There are 8-15 volunteers (including Community Service workers) who serve during this time, depending on whether the 'Boutique' (clothing closet) is open. Some of the senior volunteers carpool as many do not drive, and a good number of the Community Service workers either walk or ride bicycles. Out of the number listed above, we average 9 volunteers that drive cars. 2. The typical number of people served during 'peak' (which is lunch time) averages 180 in one hour. Most of the individuals walk, and many take meals to neighbors who cannot get out due to illness or old age, so one person could take 2-4 meals at a time. Those being served enter and leave quickly, so while there's an average of 180 people served during 'peak hour' , there are never that many individuals on the property at any one time. Throughout the day, we average between 5 and 10 people every hour. 3. Based on the above information 1 data, we looked at the American Planning Association parking standards for social service facilities -which requirements are 1 parking space for each 1,500 square feet of building area, plus 1 per employee or volunteer on the largest shift. Based on this standard and the above usage pattern of the facility, our calculations below indicate the following: Total square footage of building (existing and new) = 3,306 sq .ft. Total employees /volunteers = 9 during a shift 1 serving at peak hours. 1 Based on this information and the American Planning Association, approximately 12 parking spaces are required . Existing facility has 19 existing parking spaces, (1) of which is a HC space. Should you have any questions, please feel free to call our office. ere�y; G P o os, AIA, NCAR Vice- resident 2 ` unristiax-ts Reaching Out co Society, Inc. October 14, 3O14 ' � To Whom |L May Concern: � |n November of 2013, we received funding to make some improvements to our Caring Kitchen program's building which we sub-lease from the City of Delray Boach � MINISTRIES ' ' The Caring Kitchen VVe are proposing the following: � Delray Beach ` , Community Food Pantries 1. Belle Glade ` Gibbie Nauman, our staff, net with Beach from your office, who took � |ndiantown pictures of the bathrooms. The bathrooms have not been updated since we Lake Worth Jupiter moved to this location in 1997. The renovation of the bathrooms would also give Riviera Beach the Caring Kitchen more storage space since we will be pushing out the walls in | West Palm Beach the back of the bathrooms to accommodate ADArequirements. i ene5ou Assistance Program Belle Glade 2. installation of a washer/drVer set Delray Beach Jupiter Currently, volunteers and staff take home dirty towels to wash and bring back the following week when they volunteer. Having m wash er/dryerset on site fterSuhon|Snack Program would ensure there are enough towels for the next day. In addition, we could Nutrition inaKnapsack wash donated clothing, as needed, instead of volunteers taking them home. � Summer Day Camps Boynton Beach � Lake Worth In working with clients, it has become evident that the homeless do not have a Pahokee place to shower. In an effort to assist those working towards self-sufficiency, Gleaning staff believes that making showers available will assist with job readiness and Community Advocacy self-esteem.The opportunity for showers will be well regimented and offered � � twice weekly during non-food service hours. Volunteers and staff will be on sight Ruth K8mQer1a at all times. Staff expects to serve a maximum of six individuals weekly. Executive Director Please note: the renovation and installations are contingent on the City of Delray RickEd|und Beach's m99rovo| and funding. Board President - Thank you for your consideration in this matter. Sinceneky, 7�~=."~thw°"My | ECOM / . Ruth Mager a "°==~°°~" ...ty Executive Director nm First Avenue South, Lake Worth, n'no400°(5m1)o33-g0on 1)233-9819(Fox |mo@croomininoienom °mxmwomumino*hnv.nrg Mission:CROS Ministries SGrves the hungry in Palm Beach and Martin Counties through community collaboration. U.ft.dn=.,"�Beath County A COPY oF T*sn/nom1-REGISTRATION AND FINANCIAL INFORMATION FOR CHRISTIANS REACHING OUT Tn uur|srY,|wC xpunm� eAosuwompnonrCnRpqmm|pm �""u oxxncs1)'MAY asoara|mLoFROM THE uw|e/��op CONSUMER usemcssB,nxLumnrou� [�a35-7o � wTHE an�son csnnF|s mnmmoTHEIR wsau�s.vmmW.rucnxpnnMpuon/o^.coensG/urnxnom DOES NOT IMPLY�ENDORSEMENT, —' mppnovAL.ue RECOMMENDATION avSTATE. wso'1omm1r.CHRISTIANS REACHING OUT TO � Nonprofits aoo/sr�/mcxsnswsn�nomora^oxoow�nia�nom.vv|rxnm�wswro�peursv�mw��ooucmon � *m|° ` CITY OF DELRAY BEACH � Event List with Report Numbers Prime Report# ..........._.......................eallTime .Nature Location Unit Disp. Close'Time , „- 0111312014 10:44 196 NW 8TH AVE DUP 0.1113!2014 10:44:41. 12115/2012 22:52 196 NW 8TH AVE CAN 12/1512012 22:55:12 14010671 08/0412014 11:54 ACCIDENT P2 196 NW 8TH AVE A83 ACC 0810412014 14:00:20 11020092 0812912011 12:07 ANIMAL COMPLAINT 196 NW 8TH AVE A466 IR 08/29/2011 12:62:40 130"151.61._., ..... 1.11'i _ . ...._... ,... . ....... . __ .. . .. ... ........ ---_. i 412013 12:47 ASSAULT P2 196 NW 8TH AVE A37 IR . 11/14/2013 14:50:31 12000536 01/12/2012 12:15 ASSAULT P2 196 NW 8TH AVE V32 IR 01112/2012 12:5927 14000687 01/15/2014 09:59 ASSAULT P2 196 NW 8TH AVE A35 IR 01/15/2014 10:16-,53 05/22/2014 16:54 ASSAULT P2 196 NW 8TH AVE CAN 05/2212014 17:33:43 { 11010778 04/2012011 09:13 ASSAULT P3 196 NW 8TH AVE A34' IR 0412012011 10:08:06 11020852 09/15/2011 08:50 ASSAULT P3 196 NW 8TH AVE A35 IR 09/15/2011 10:09:45 j 12/1612013 10:53 ASSAULT P3. 196 NW 8TH AVE A35 CAD 12116/2013 11:10:12 13012166 09/0412013 08:54 ASSAULT P3 196 NW 8TH AVE A35 IR 091C)4/2013 11:23:43 04119/2013 15:47 ASSAULT P3 196 NW 8TH AVE CAN 04.11912013 16:10:37 07/21/2011 08:57 ASSAULT P3 196 NW 8TH AVE V32 CAD 07121/201109:22:26 08/07/2012 16:43 ASSAULT P3 196 NW 8TH AVE A46 CAD 0810712012 17:09:32 02/07/2014 20:53 ASSIST OTHER DEPT 196 NW 8TH AVE C35 CAD 0210712014 21:1124 01/21/2014 10:35 ATTEMPTED SUICIDE 196 NW 8TH AVE A35 CAD 01/2112014 11:11:41 13013546 10/06/2013 14:36 BURGLARY 196 NW 8TH AVE A83 IR '1 0/0612013 15*54:46 13012682 09/1612013 09:35 BURGLARY 196 NW 8TH AVE A35 IR 09/1612013 11:10:48 14005420 04118/2014 07:49 BURGLARY 196 NW 8TH AVE A35 IR 04/1812014 08:32:25 07/26/2011 09:08 DISTURBANCE P1 196 NW 8TH AVE A35 CAD 07/26/2011 09:43:05 I 13017310 .. 1213012013 08:31 DISTURBANCE P1 196 NW 8TH AVE A35 IR 12/30/2013 09:22:31 � :14002792 021 26/2014 10:32 DISTURBANCE P2 196 NW 8TH AVE N34 IR 0212612014 11:03:35 14007177 05123/20/4 09:29 DISTURBANCE P2 196 NW 8TH AVE A35 IR 0512312014 10:00:27 i 12/13/2013 11:15 DISTURBANCE P2 196 NW 8TH AVE A36 CAD 12113f2013 11:40:32 j 05/0212014 11:23 DISTURBANCE P2 196 NW 8TH AVE: A46 CAD- 05/02/2014 11:32:43 14010823 08/07/2014 11:42.DISTURBANCE P2 19614W 8TH AVE A35 CAD 081071201412:09:03 08/30/2013 12:04 DISTURBANCE P2 196 NW 8TH AVE A35 CAD 08130/2013 1 224:46 . .12/19/2013 11:42 DISTURBANCE.P2 196 NW 8TH AVE A46 CAD 12/19/2013 12'24:51: 01/0812014 11:12 DISTURBANCE P2 196 NW 8TH AVE A35 CAD 01/08/2014 11:26:37 11018171 07/19/2011 09:56 DISTURBANCE P2 196 NW 8TH AVE A35 IR 07/19/2011 10:56:45 09/1012011 00:05 DISTURBANCE P2 196 NW 8TH AVE C42 CAD 09110/201100,-24-10 10116/2013 09:12 DISTURBANCE P2 196 NW 8TH AVE A35 CAD 10/16/2013 09:32:32 05/21/2013 18:10 DISTURBANCE P3 196 NW 8TH AVE . C35 CAD 0512112013 18:23:14 ;. 12116/2013 09:42 DISTURBANCE P3 196 NW 8TH AVE A35 CAD 12!16!2013 10:06:21 07/08/2011 12:09 DISTURBANCE P3. 196 NW 8TH AVE D20 CAD 07!0812011 12:36:08 10/17/2012 17:21 DISTURBANCE P3 196 NW 8TH AVE C35 CAD 1011712012 17:54:01 12/09/2013 12:11 DISTURBANCE P3 196 NW 8TH AVE A45 CAD 12109/2013 12:21:33 j 07/22/2013 09:19 DISTURBANCE P3 196 NW 8TH AVE A34 CAD 07/2212013 09:48:18 05/1412012 12:05 DISTURBANCE P3 196 NW 8TH AVE A35 CAD 05114/2012 12:34:34 06/0412014 10:51 DISTURBANCE P3 196 NW 8TH AVE X35 CAD 06/04/2014 11:25:01 Report Generated: 08121/201414'31:57 1 User ID: SALLETTE EventHWory EventUstWithReportNumbers Page 1 of 5 Prime i Report# Call Time Nature Location Unit Disp. Close Time 04/2512Ql1.12:09 DISTURBANCE P3 196 NW 8TH AVE V33 CAD 04125/2011 12:41:50 0710212014 11;23 DISTURBANCE P3 196 NW 8TH AVE CAN 07102/2014 11:53:32 13015162 1111412013 13;28 DOMESTIC 196 NW 8TH AVE X35 1R 11/14/2013 14;07:45 12125121712 11:57 EXTRA PATROL '196 NW 8TH AVE A35 S79 1212512012 12:22:33 -- 4 07108/2013 17,48 EXTRA PATROL 196 NW 8TH AVE C35 S79 07/08/2013 18-.01-158 10/16/2012 10:08 EXTRA PATROL 196 NW 8TH AVE A35 S79 10/1612012 10:14:28 12/10/2012 02:32 EXTRA PATROL 196 NW 8TH AVE C45 579 12/10/2012 02:33;36 �. 01/0912012 11-22 EXTRA PATROL 196 NW 8TH AVE V33. . NR 01/09/2012 11:26:24 12/09/2012 23:13 EXTRA PATROL 196 NW 8TH AVE C35 S79 12109/2012 23:31:22 1210912012 23:45 EXTRA PATROL 196 NW 8TH AVE 045 579 12109/20/2 2350,48 08/1712012 13:42 EXTRA PATROL 196 NW 8TH AVE A45 S79 0811:1712. 01.2..13:44:07 12/09120122011 EXTRA PATROL 1�6 NW 8TH AVE C45 S79 1210912012 20:17:54 12/09/2012 19:39 EXTRA PATROL 196 NW 8TH AVE C35 S79 12/0912012 19:52:03 06/06/2011 12:33 EXTRA PATROL 196 NW 8TH AVE V33 S79 05/0612011 12:42:28 04/21/2013 16:59 EXTRA PATROL 196 NW 8TH AVE A35 CAD 04/2112013 17:20.24 06127/2012 01;02 EXTRA PATROL 196 NW 8TH AVE C35 S79 06/27/2012 01:05:10 1110812012 13:50 EXTRA PATROL 196 NW 8TH AVE A35 S79 11/08/2012 13:54:17 12114/2011 11:20 EXTRA PATROL 196 NW 8TH AVE V33 NR 12/14/2011 11:27:29 02/14/2012 03:25 EXTRA PATROL 196 NW 8TH AVE C46 CAD D2114/2012 04:01:54 05/28/2011 14:33 EXTRA PATROL 196 NW 8TH AVE V32 NR 05!2$/201.1 15:32:42 06/21/2011 12:41 EXTRA PATROL 196 NW 8TH AVE V33 NR 06/2112011 12:48:26 07/24/2014 11,56 EXTRA PATROL 196 NW 8TH AVE A35 S79 0712412014.12:08:58 05/11/2011 11:59 EXTRA PATROL 196 NW 8TH AVE V33 NR 0511112011 12:03:43 05/11/2011 12.19 EXTRA PATROL 196 NW 8TH AVE V33 NR 05/11/2011 12:24:36 0511712011 12:25 EXTRA PATROL 196 NW 8TH AVE V33 NR 05/17/2011 12:37:57 .1212812011 11:51 EXTRA PATROL, 196 NW 8TH AVE V36 NR 12/28/2911 12:49:41: 12124/201121;41 EXTRA PATROL 196 NW 8TH AVE C35 CAD 12/241201121 A9:1:1 12114/2011 11:36 EXTRA PATROL 196 NW 8TH AVE V33 NR 12/14/2011 11:37:40 10/2812013 11:26 EXTRA PATROL 196 NW 8TH AVE X35 S79. 10128/2013 1131:.11 06/21/2011 12:03 EXTRA PATROL 196 NW 8TH AVE V35 NR 0612112011 12:38:32 06/1412011 12:12 EXTRA PATROL 196 NW 8TH AVE V33 NR 0611412011 12:23:57 06/14/2011 12:09 EXTRA PATROL 196 NW 8TH AVE V35 S79 0611412011 12:28.48 05/03/2011 11:56 EXTRA PATROL 196 NW 8TH AVE V33 S79 Q5/031201112.08:37 05/03/2011 11;56 EXTRA PATROL 196 NW 8TH AVE V21 S79 05/0312011 12:08:42 .05/0312011 12:13 EXTRA PATROL 196 NW 8TH AVE V33 S79 05/03/2011 12:27:27 10102/2012 D9:44 EXTRA PATROL 196 NW 8TH AVE A35 S79 10/02/2012 09:48:29 0611712014 09:12:EXTRA PATROL 196 NW 8TH AVE Y32 S79 .0611712014 09:51:48 1012512012 09:00 EXTRA PATROL 196 NW 8TH AVE A35 S79 10/25/2012 09:01:17 0510412011 02:57 EXTRA PATROL 196 NW 8TH AVE C35 CAD 05/04/2011 03:08:31 05/03/2011 12:13 EXTRA PATROL 196 NW 8TH AVE V21 S79 05/03/2011 12:27:34 - 07/25/2011 11:51 EXTRA PATROL 196 NW 8TH AVE V33 NR 07125/201-1.12:0.3:07 07/24/2012 22:06 EXTRA PATROL 196 NW 8TH AVE C35 S79 07/24/2012 22:08:45 05/06/2014 12:08 EXTRA PATROL 196 NW 8TH AVE F67 S79 0510612014 12:14:33 0611 612014 13:29 EXTRA PATROL 196 NW 8TH AVE A36 S79 06/1612014 1130:33 Q6128/2011 12:26 EXTRA PATROL 196 NW 8TH.AVE V33 NR .06/2812011 12,30:06 Event List With Report Numbers Page 2 of 5 i Prime Report# Call Time Nature Location Unit IDisp. Close Time 05/0212011 12:00 EXTRA PATROL 196 NW 8TH AVE V33 NR 05/02/2011 12:19:59 07120/2011 18:56 EXTRA PATROL 196 NW 8TH AVE C35 CAD 07/20/2011 19:07:28 06108/2011 12:11 EXTRA PATROL .196 NW 8TH AVE V33 NR 05108/2011 12:22,103 — .0$13012012..'12:00 EXTRA PATROL 196 NW 8TH AVE A35 S79 Q8130J2012 12:04:51 1 8 1112812011 11:30 EXTRA PATROL 196 NW 8TH AVE V35 S79 1112812011 11:42:59 I, 12109!2012 17:46 EXTRA PATROL 196 NW 8TH AVE C35 S79 12109/2012 17:53:42 11/29/2011 12:13 EXTRA PATROL 196 NW 8TH AVE V35 S79 1112912011 12:20:53 10/12/2011 11:55 EXTRA PATROL 196 NW 8TH AVE A35 S79 101121201.1 11:57:25 12/25/2012 09:00 EXTRA PATROL 196 NW 8TH AVE A35 S79 12125120312 09:41:39 11/29/2011 11:34 EXTRA PATROL 196 NW 8TH AVE V35 CAD 11/29/2011 11.59:23 021071201 2 11 15 EXTRA PATROL 196 NW 8TH AVE V34 S79 02/07/2012 11:18:43 111081201/ 11:52 EXTRA PATROL 196 NW 8TH AVE . V33 S79 11/0812011 11:58:52, 11123/2011 12:01 EXTRA PATROL 196 NW 8TH AVE V33 NR 1112312011 12:08:55 11/0812011 12:11 E-XTRA PATROL 196 NW 8TH AVE V33 NR 11108/2011 12:18:49 06/08/2011 11:52 EXTRA PATROL 196 NW 8TH AVE V21 S79, 06108/2011 12:22:20 1 111 812013 08:16 FOLLOW UP 196 NW 8TH AVE A37 SUPP 11/18/2013 08:40:12 07!1812014 09:27 FOLLOW UP 196 NW 8TH AVE K40 NR. 07118/201.4 12'40:05 08/30/2012 18:55 FOLLOW UP 196 NW 8TH AVE C34 NR 08/30/2012 19:00:56 10/16/2013 11:50 FOLLOW UP 196 NW 8TH AVE A37 NR 10116/2013 12:00:31 11/1 8/2013 09:24 FOLLOW UP 196 NW 8TH AVE A37 SUPP 11/18/2013 1 0:00:47 04/19/2011 10:56 FOLLOW UP 196 NW 8TH AVE J35 SUPP 0411912011 11:07:16 11/06/2013 11:50 FOLLOW UP 196 NW 8TH AVE K48 NR 11106/2013 11:59:17 1112012013 11:11 FOLLOW UP 196 NW 8TH AVE K48 NR 11/2012013 11:42:58 14003442 0311112014 15:17 LARCENY P3 196 NW 8TH AVE G17 IR 0311112014 15:20:46 13009528, 07109/2013 09:53 LARCENY P3 1.96 NW 8TH AVE X35 IR 07109/2013 1043:15 1-1009573 04/0712011 13:44 LARCENY P3 . 196.NW 8TH AVE V32 IR 04107/2011 14. 31:49 13009349 07105/2013 16:52 LARCENY P3 196 NW 8TH AVE C44 3R 07105/2013 17:55:12 12016213... .. 12/28/2012 09:08 LEWD LASCIVIOUS 196 NW 8TH AVE N34 IR 12!28/2012 12:02:31. 11013144 05/13/2011 10:46 LOST AND FOUND 196 NW 8TH AVE W558 IR 05/13/2011 10:46:49 14000652 01/17/2014 11:33 MEDICAL 1.96 NW 8TH AVE M4 IR 01/17/2014 11:52:201 13010366 10/1612D13 09:15 MEDICAL 196 NW 8TH AVE M1 IR 10/16/201.3..09:30:32 12010632.. 11/0 5/2012 11:.57 MEl71CAL 196 NW 8TH AVE M1 IR 1 1/0512012 1 2:40:59 12009092 09/20/2012 13:39 MEDICAL 196 NW 8TH AVE E3 IR 09/20/2012 14:50:02 /40015/1 0210712014 20:52 MEDICAL 196 NW 8TH AVE .. I i. IR 0210712014 21:42:58 14002209 02/2512014 10:51 MEDICAL DICAL _ 196 NW $TH AVE SQ1 IR 0212512014 11:41:34 11.010939 1112'112011 12:14 MEDICAL. 186 NW 8TH AVE M4 1R 11121/2011 1228;12 12003117 03129/2012 11:54 MEDICAL 196 NW 8TH AVE SQ1 IR 03/2012012 .12:511:09 13000018 01101/2013 09:34 MEDICAL 196 NW 8TH AVE M1 IR 01101/2013 1024:35 13013078 12130/2013 08:40 MEDICAL 1% NW 8TH AVE SQ1 IR 12/3012013 08:53:29 11009823 10119/2011 12:33 MEDICAL 196 NW 8TH AVE M1 IR. 10119/201.1 12:49:26 11008223 08/29/2011 12:04 MEDICAL 196 NW 8TH AVE M1 IR 08/29/2011.12:23-.22 12009604 10/05/2012 12:14 MEDICAL 196 NW 8TH AVE. M1 IR 10/05/2012 13:13:10 12006251 06/2712012 12:06 MEDICAL 196 NW 8TH AVE SO1 IR 06/2712012 12:57:49 14007129 071021201412:01 !MEDICAL 196 NW 8TH AVE CAN 07/02/2014 12:02:48 13012663 12/19/2013 17:03 MEDICAL 196 NW 8TH AVE M4 IR 12/19/2013 17:13:37 Event List with Report Numbers Page 3 of 5 i I Prime I Report# Call Time Nature Location Unit Dlsp. Close Time 11005615 06110!2011 121-.24 MEDICAL 196 NW 8TH AVE M4 IR 06/1012011 137421 11005550 06/0812011 12:09 MEDICAL 196 NW 8TH AVE M1 IR 06/0812011 12:51:55 14008422 08/0712014 09:28 MEDICAL 196 NW 8TH AVE M1 IR 08/0712014 10:03:57 13009581 09123/2D13 11:47 MEDICAL . 196 NW 8TH AVE M1 IR 09/23/2013 12:34:32 13011571 ---- 11119/2013 12;49 MEDICAL 196 NW 8TH AVE,..• M1 IR 111191201313:43:38 .13009182 0911//2013 09:61 MEDICAL .196 NW 8TH AVE SQ1 IR 09111/2013 10:49:34 13008830 081301201316:09 MEDICAL 196 NW 8TH AVE M1 IR 08/3012013 16:58:27 12012140 12/18/2012 1429 MEDICAL 196 NW 8TH AVE M1 IR 121'1812012 15:47:09 11011692 12/1312011 11:53 MEDICAL 196 NW 8TH AVE M4 IR 12/1312011 12:4118 14003660 04/01/2014 09:16 MEDICAL 196 NW 8TH AVE SQ1 IR 04/01/2014 10:08:41 j 12005814 06/15/2012 07:27 MEDICAL 196 NW 8TH AVE SQ1 IR 06115/2012 08:40:43 I 14005674 05123/2014 12:58 MEDICAL 196 NW 8TH AVE M1 IR .0512312014 13:43:07 13007828 06105/2013 18:55 NARCOTICS P2 196 NW 8TH AVE Y34 IR 06/W2013 118:55:57 14004689 04/03/2014 19:37 NARCOTICS P3 196 NW 8TH AVE Y31 IR 04/0312014 19:39:46 113007887 06/06/2013 17:50 NARCOTICS P3 196 NW 8TH AVE Y34 IR 06/06/2013 17:50:42 14004743 04/94/2014 16:47 NARCOTICS P3 196 NW 8TH AVE Y31 IR 04/0412014 16:48:16 14004620 Q4/021201419:29 NARCOTICS P3 196 NW 8TH AVE Y31 IR 041021201419:30:08 E 14005789 04/25/2014 13:46 NARCOTICS P3 196 NW 8TH AVE Y31 IR 04/25/2014 13:47:03 12/2012013 14:34.NARCOTICS P3 195 NW STH AVE A77 NR 12120/2013 1434.39 13016850 12120/2013 12:13 NARCOTICS P3 196 NW 8TH AVE A77 IR 1212012013.1 2:13:41 09116/2013 10,31 NEED CRIME SCENE 196 NW 8TH AVE. DUP 0911 61201 3 1 0:32:52 02124/2012 20:07 POLICE SERVICE 196 NW 8TH AVE D28 CAD 02/2412012 20:15:35 04/26/2011 08:26 POLICE SERVICE 196 NW 8TH AVE A35 CAD 04/26/2011 08:56:32 06/2812012 09:21 POLICE SERVICE 196 NW 8TH AVE A45 CAD 06/28/2012 09:43:01 12/1812011 19:05 POLICE SERVICE 196 NW 8TH AVE C45 CAD 12/18/2011 19:36:54 08/2912013 16:56 POLICE SERVICE 196 NW 8TH AVE A46 NR 08/29/2013 17.400:49 04/21/2011 10:36 POLICE SERVICE 196 NW 8TH AVE V31 CAD 04/21/2011 11:56:09 12013852 11/05/2012 11:56 POLICE SERVICE 196 NW 8TH AVE A38 IR 1110512012 12:54:20 06/16/2011 00:18 POLICE SERVICE 196 NW 8TH AVE C35 NR 06/15120/1 00:24:57 05123/2013 08:51 POLICE SERVICE 196 NW 8TH AVE A45 CAD 05/23/2013 09:05:54 0711812013 22:55 POLICE SERVICE 196 NW 8TH AVE C45 CAD 07/1812013 23:04:57 05/1512012 11:54'POLICE SERVICE 196 NW 8TH AVE A35 CAD 05/15/2012 12:18:48 10/0712011 09:58 POLICE SERVICE 196 NW 8T1 I AVE V32 CAD 10107/2011 10:37:00 0611.612014 1'i:44:POLICE SERVICE 196 NW 8TH AVE A36 CAD .;..,0611612014 13:27:34 071-10/2014.10:03 POLICE SERVICE 196 NW 8TH AVE A35 CAD 07/10/2014 10:12:33 10/20/2013 17:54 POLICE SERVICE 196 NW 8TH AVE C36 CAD 10/20/2013 18:27,20 12109/2012 16:32 POL .. -. ,..... I.CE SERVI. .. CE 196 NW 8TH AVE CAN 121091201.2 1.6;35:18 08108/2014 10:05 POLICE SERVICE 196 NW 8TH AVE A35 CAD 08108/2014 10:40:44 09/0112011 16:06 POLICE SERVICE 196 NW 8TH AVE A35 CAD 09/0112011 16:27:55 - 03/09/2012 10:47 POLICE SERVICE 196 NW 8TH AVE A46 CAD 03/09/2012 11:22:07 01110/2014 12:15 POLICE SERVICE 196 NW 8TH AVE A46 CAD 01/1012014 12:39:4a 11/26/2012 12:00 POLIO SERVICE 196 NW 8TH AVE A32. CAD 111261201212:41:54 07/05/2013 15:36 POLICE SERVICE 196 NW 8TH AVE C44 CAI) 07/05/2013 16:14:14 01/1012013 10:33 POLICE SERVICE 196 NW 8TH AVE A35 CAD 0'111012013 11:02.10 11022841 10/3012011 18:01 POLICE SERVICE 196 NW 8TH AVE C38 IR 10/30/2011 22:08:00 Event List with Report Numbers Page 4 of 5 Prime Report# Call Time Nature Location Emit Disp. Close Time 10/28/2011 12:29 POLICE SERVICE 196 NW 8TH AVE A35 CAD 1012812011 13:37.48 04/08/2011 12:46 RECKLESS VEHICLE 196 NW 8TH AVE V32 CAD 0410812011 13:47:57 14005006 04/1912014 08:53 ROBBERY P3 196 NW 8TH AVE .X35 IR 0411 012014 1 0:24:51 _ ... 09128/201.1, 17,,,14 SUSPICIOUS 196 NW 8TH AVE V35 CAD 09/2812011 17 35:28 14007098 .0512112014 17:24 SUSPICIOUS 196 NW 8TH AVE Y32 ARR 05/21/2014 19.01;20 12003533 03/16/2012 23:56 SUSPICIOUS 196 NW 8TH AVE C35 IR 03116/2012 03:44:26 09116/2013 11'11 SUSPICIOUS 196 NW 8TH AVE K43 NR 0911612013 11:17:i37 0512012014 18:05 SUSPICIOUS 196 NW 8TH AVE C42 SUPP 05/2012014 20,135:23 12005678 0413012012 17:24 SUSPICIOUS 196 NW 8TH AVE C42 IR. 04130/2012 1$:44:02 11012692 05/0912011 10:39 SUSPICIOUS 196 NW 8TH AVE A36 ARR 05/09/2011 16:36:30 13000593 01/14/2013 12.40 SUSPICIOUS 196 NW 8TH AVE A36 IR 01 11 412 01 3 15:33:27 06/26/2014 08:58 SUSPICIOUS 196 NW 8TH AVE A34 CAD 0612612014 09:28:10 13013149 09/2712013 11:59 SUSPICIOUS 196 NW 8TH AVE A37 IR 09127/2013 12:20:49 14006308 05/0512014 11:51 SUSPICIOUS 196 NW 8TH AVE F67 IR 05105/2014 14:42:55 01/1812013 12:55 SUSPICIOUS 196 NW 8TH AVE A70 NR 01118/201317:45:00 11024104 11/28/2011 01,19 SUSPICIOUS 196 NW 8TH AVE C35 VW 11/28/2011 C1:23:33 10/07/2013 12:41 SUSPICIOUS 196 NW 8TH AVE X35 CAD 1 W0712013 12:49:02 12/1912013 17:01 SUSPICIOUS 196 NW 8TH AVE CAN 12119/2013 17:14:26 14001536 0210212014 23:13 SUSPIGIOUS 196 NW 8TH AVE C42 IR 02102/2014 23:19:44 06114/2013 01:20 SUSPICIOUS 196 NW 8TH AVE C46 CAD 06/14/2013 01:31 Al ........ . 14006035 €4/3012014 11:09 SUSPICIOUS 196 NW 8TH AVE F67 ARR 04/30/2014 14:03:12 01114/201.3 12:19 SUSPICIOUS 196 NW 8TH AVE A36 CAD 01/1412013 12:39:15 03/30/2013 02:06 SUSPICIOUS 196 NW 8TH AVE C35 VW 03/3012013 02:11:41 06/2012012 16:58 SUSPICIOUS 196 NW 8TH AVE A35 CAD 0612012012 17:25:55 I 02/03/2014 19:46 SUSPICIOUS 196 NW 8TH AVE C46 CAD 02/03/2014 20:48:39 06105/2013 12:13 TRAFFIC COMPLAINT 196 NW 8TH AVE K23 CAD 061051201312:40:59 i 04101/2014 10,10 TRAFFIC COMPLAINT 196 NW 8TH AVE A35 CAD 04/01/2014 10:34:31 i 05/24/2011 12:36 TRAFFIC STOP 196 NW 8TH AVE V33 NR 05/2412011 12:39:21 I, 0712612014 11:14 TRAFFIC STOP 196 NW 8TH.AVE A35 CIT 07/2612014 11:25:52 06/0412014 13:33 TRAFFIC STOP 196 NW 8TH AVE Y33 VW 0610412014 13:44:22 1 01/13/2014 10:39 TRESPASS P2 196 NW 8TH AVE A45 CAD W11312014 10:56:55 12002785 03101/2012 08:43 TRESPASS P2 196 NW 8TH AVE A34 IR 03/01/2012 10:06:37 02129/2012 15:55 TRESPASS P2 196 NW 8TH AVE V33 CAD 02/29/2012 16:09,36 12013177 10/19/2012 11:38 TRESPASS P2 195 NW 8TH AVE A35 IR 10119/2012 12.17.18 07/0212012 09:50 TRESPASS P2 .196 NW 8TH AVE. A35 CAD. 07/0212012 10:06:34 11018259 07/2012011 17:46 VANDALISM P3 196 NW 8TH AVE C35 IR 0712012011 18:53:45 Total Number of Events Listed: 212 i I Evenf List with Report Numbers Page 5 of 5 I From the Desk of: Reginald A. Cox., Architect, NCAR Building Code Admin.Lic.#BU1769 4 flans Examiner Lic.#PX2113 4 Architect Reg.#AR92537 4 Bldg.Inspector L.ic.#BN4414 February 11, 2015 Chevelle D. Nubin,MMC City Clerk City of Delray Beach 100 NW 1St Avenue Delray Beach,Florida 33444 RE: Appeal of SPRAB Board Action The Caring Kitchen(196 NW 8h Avenue)—Class III Site Plan Modification Meeting Date January 28, 2015 Item#III A Dear Ms.Nubin: This will serve as my formal request to schedule an appeal at the City Commission meeting scheduled for Tuesday, March 3, 2015 of the decision made by the Site Plan Review and appearance Board on January 28, 2015 regarding the approval of the class III site plan modification. My appeal is based on the following: -- Home Owner Association presidents from Paradise Heights and West Side Heights neighborhoods received notification of the meeting 2 days prior to meeting. - The parking requirement methodology incorporated fabricated data. The community requested that the SPRAB Board table the item to allow for realistic data. The SPRAB Board did not discuss this fatal data error in their deliberations. The community would like for the Commission to hear what the true numbers are based on factual field research. - The changes do not comply with LDR Section 2.4.5(G) (5) - The proposed modifications do not fulfill the intent of the Future Land Use Element regarding fulfilling remaining land use needs.. - The Police Department has raised several concerns and states that the addition of a shower and laundry to this kitchen facility will increase medical and theft call and disturbances to the neighborhood. -- The proposed changes do not meet the intent of Housing Policy A-11.3. The proposal as existing has a negative impact on the adjacent neighborhoods and an addition would only jeopardize the stability of the neighborhood. In conclusion, it is the will of the adjacent neighborhood associations and the NW community at large to have this project denied, and the community encourages the applicant to find an alternative location for expansion. Sincerely, Reginald A. Cox,RA,PX, SI, MBA 301 West Atlantic Ave. Suite 05,Delray Beach,FL 33444—P. 561573-1131 F, 561- 819-5143 rcox@regiiialdacox.com MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: January 28, 2015 MEETING PLACE: City Commission Chambers MEMBERS PRESENT: Roger Cope, James Chard, Jim. Knight, Alice Finst, Andrews Youngross, and Jose Aguila MEMBERS ABSENT: Terra Spero STAFF PRESENT: Scott Pape, Michael Dutko, Candi Jefferson, Jasmin Allen and Diane Miller I. CALL TO ORDER The meeting was called to order by Chairman Jose Aguila.,at 6:OOPM. Upon roll call it was determined that a quorum was present,. Chairman Jose Aguila read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who;wished to give testimony on any agenda item. MINUTES FOR CARING KITCHEN CARING KITCHEN 196 NW 8th Avenue Dana Little, Director of Planning and Zoning presented the item through a review of the staff report. Applicants Presentation Gary Eliopoulos -- GE Architecture,Inc. - 205 George Bush-We thank staff for working with us over the last several months. In regards to what Dana Little mentioned in his presentation, it is all about haw this facility will be used. The first thing that was talked about with the police department is that the building has a rear door, so everyone could come and go as they pleased and take showers. From the legal stand point and who owns this building, it is the City that owns it and it does not comply with ADA. We got the phone call and they wanted bathrooms that comply with ADA. The showers are a separate thing, but why do they want a washer and dryer. In a perfect world we would Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) not need this facility, but we do need to service a lot of these people and there are a lot of people that want to turn their backs on this facility and people. From an architect perspective, a limited addition and matching things on the building, but you do need to hear from Caring Kitchen,who actually runs this facility. April Hazamy - Program Director for the Caring Kitchen and we are an outreach of CROS Ministries. I feel that staff has addressed all the issue very well and why we want this washer and dryer and the showers. The showers will be offered ONLY on the nights that we do not serve dinner, which is Tuesday and Friday. We will be setting a schedule for showers and have people make appointments and .only servicing people that are already utilizing the facility and not bring in people into the neighborhood. The only people on property would be the volunteer, staff anti the person that is receiving service. All this is to provide a service to the people thatare living on our streets retain their dignity and to prepare them for hopefully employment to bette.r.their futures. Public Comments Reginald Cox- 715 NW 2nd Street You are going to hear from the closest residence to'this project and the HOA: This facility has outgrown the neighborhood as far;as.the traffic ard.,the uses that it brings. This is a good cause and we do thank you for that but it is lust not healthy for the surrounding residences. This is based on the amount of traffic that it brings in there, based on the amount of transient it brifigs,in, the garbage that is left,down tl?e street as they leave, the way the parking has been obtained as far as.the numbers are concerned. There is no back up to substantiate these numbers. I live less than 100 ft, from this property and from my visual observations over.the last'10 years, tl o.se numbers are not correct. Even in the letter from the_Caring Kitchen :to'staff with;haw they are going to use the facility, it resembles 'a take=out service ;. With:` he;nurnber of people in and out, the staff and volunteers,there needs to be a more appropriate parking count. There are several areas in the staff report that does not comply. For example LDR 2.4.5 (G) 5, it states that the performance changes do notsignificantly affect the original point that it does. The shower use, I asked at.a CRA meeting;is there any other facility in Delray that has a community kitchen with a shower, and the 'answer was no. As far as LDR 3.1.1.8, future land use map, I don't think that a positive finding can be made as far as that is concern. Regarding the parking, which is o.n a different'parcel, is there an exclusive rights for them to park there? The community needs more time to realistically position on the parking count. Does not meet the housing policy as it impacts the safety of the community. Pamela Williams - President of the Paradise Heights HOA - NW 611, Avenue and NW 81h Avenue - My association is directly affected by this and I do not support the recommendation of installing the showers. I have many concerns with the safety and security and the police department has concerns with the installation of the showers and laundry that will be used and the increase of medical calls as well as theft calls. There are a lot of homeless that use the Caring Kitchen as their home address. By adding these amenities it will cause a more home like feeling and have more people to use this site as 2 Minutes of the January 28, 2015 SPRAB BOARD Meeting (Caring Kitchen) their home address. I would like this project to be tabled so that the community can re- evaluate the issues. Ernestine Holliday - President of Westside Heights HOA -- This facility is in my homeowners association and my problem is the safety of the facility. If you ride through the area at lunch time you will see what a traffic hazard this is and people complaining about sleeping'behind the dumpster. A lot of people have little children and they are very uncomfortable with so many people walking around. Joyce Patrick - 211 NW 15th Avenue - I represent the;hameowners association in the surrounding area of the Caring Kitchen. The building, s'`.n dire need of renovations, but too much focus has been given to the interior when if:isthe exterior that the neighbors have to deal with. We need landscaping to spruce up the'building and I have observed on many occasions recipients of the building walking down the street eating out of their plates. What are needed are some picnic tables.-where they can sit down and enjoy their meals, because when they are done eating, hat is where they will flip their plates and land in someone's yard. We would like to ge,together with the Caring Kitchen and have a sit down with the homeowners at Pompey Park Jared Jenkins - 104 NW Stn Avenue 'W.estside Heights - I am a restaurant manager in downtown Delray Beach and my family has owned property here for many years. I drive through the area sometime late at night and see.what is going on. There is no denying that the Caring Kitchen does a great job, but being a, properly„owner the exterior does need some attention including security cameras Melanie Winter 255 NE 3rdAvvnue - I am a volunteer at the Caring Kitchen for over a year and I am their Wednesday driver. I go pick,up food that they use to feed the people that use the Caring Kitchen 1 agree in what I have heard in regards to what the Caring Kitchen needs and the'iist is endless. Mike Dutko -Assistant Attorney '(Stated a legal comment) I want to brig:to the board's'attention;that this board is not an arbiter of uses. This use is determined a'lawful us on this property. The proposal before the board is strictly the 165 sq, ft. building.;. Conversations on whether we like the use or not are not for this board to decide. This board'As not a policy board. It is a lawful use; it has been determined to be a lawful use within that zoning district. This is not appropriate consideration while looking at this actual project. Rebuttal - April Hazamy - Program Director for the Caring Kitchen -- We agree with what Melanie Winter was saying, and we agree that we need improvements, and we have asked for picnic tables so these people can be comfortable to eat. The homeowners have said that this is inappropriate and they need to come and go and be out of the neighborhood. 3 Minutes of the January 28, 2015 SPRAB BOARD Meeting (Caring Kitchen) Board Discussion Jim Knight- I understand the concerns and we are put in a tough spot and I can certainly understand. There are some medical uses that are surrounding my neighborhood that I live in and I don't like it, don't care for it, but we are stuck with what is proposed here. I would encourage the City to look into facilities in an industrial area where there is not as much single family residence. If they meet the parking codes and all the other codes I think we should look into this. If HOA are ok with the benches, I think these people are given food, given the opportunity to clean up, and then they need to eat and then put their stuff in a garbage can. If they don't they should not be allowed back. Why keep feeding them if they are going to throw their trash and ruin people's property. If someone is given a helping hand then they need to show some respect;;. Andrew Youngross - On the surface of this proposal, what they are trying to do is very simple. For staff, typically with a Class III site plan, don't we usually have a landscape plan? Jose Aguila - I too was wondering about that, Let's ask the Director of Planning and Zoning if they could elaborate on why we are not requiring a landscape plan. Dana Little - Dir. of Planning and Zoning,-lam going to ask for a little assistant on this. Jasmin Allen - Planner - The landscape was,.not required at this time because the parking lot was not being modified. With that ;said, the item was discussed at CRA meeting, and discussed at a pr.evious meeting CRA, grid that board has stated on the record that they will work with'the City and Caring Kitchen to provide to upgrade the landscaping. At this time the 'property is` owned by the City. Staff is preparing a landscape plan,and it will.be,presented to the CRA with a cost analysis and they will go from there Jose Aguila - So, because this is a City owned property, probably CF, and the application is mostly,for interior renovation, the, LDR do not require the need to improve the landscaping Andrew Youngross;- We get back to the site plan and I hear what the City is saying, something needs to.be done,like tables for dining. Roger Cope - lam looking at the architecture and suggest that they raise the parapet of the addition and try not to tie them together. Gary Eliopoulos - GE Architecture, Inc. - 205 George Bush - I will take your direction but cost is always an issue. Take into consideration if you were renting a building, what would you spend for renovations. Roger Cope - Looking at this project, this is a perfect example of how we should be offering landscaping from properties that are destroyed and relocating the trees. 4 Minutes of the January 28, 2015 SPRAB BOARD Meeting (Caring Kitchen) Alice Finst - This is the first time that I have seen a police report in a staff report and it is about 45 calls a year, I think the benches are a good idea, but I see their point that this would encourage them to sit there all day long. I did go inside and it is very gloomy and dark but painting it inside white is going to fix anything. Maybe look at some creative colors, but to pass along some information that Waste Management has free paint and it could be picked up for this project. I have talked to some locals and hearing the stories, I am surprise that the City has let this gone on for so long. It's affecting the neighborhood and the people inside, Jim Chard - I would like to expand on what Roger was saying, and one thing we have been talking about actively is that there are a lot of trees and plantings that are lost in the development process. I certainly understand what the"attorney was saying as we are not here to judge use or zoning, but I am concern about°the notification process. I know it is hard to talk to all the homeowners, association' and some are inactive. Trying to get community input is hard but I would be Interested to see after notification how much time did they have to respond and communicate with people. Jose Aguila -- I drive by this building at least 4 times a`week and it makes me wonder what is going on and how much 'of a pr.ob.lem child thls.is. I see people coming and going all the time and I am thankful that there are places likethis. But, we are here tonight to support the modification and additions of:bathrooms and, showers which I support, Saying that, it is significant to me that the City owns the property. I think the City needs to lead by example and if this is their prpperty,"they need to'be taking better care of it. And I think that the.Caring Kitchen work very hard for every dime that they get and they should not be putting it into the landscaping;they should be putting it into their program to directly help those that are affected. I think;even though they are tenants they have responsibility'-4: § well. They know that they have an impact on the residence and the community. And what has been,said tonight is not new,you all know that the people that come and eat your food"make a mess and leave a trail from your place to where they go. I would ask you to be more,considerate of your neighbors and the impact that your service has on thetas and find a way,for everyone to work together. Maybe I will give you food, and then you walk 2 blocks and pick up the trash. Maybe they can earn their meal. They are going through:tough times 'but walking a block or two and picking up trash would be an easy thing to ask':for. So please listen to those that have voiced their opinion and concerns, put yourself th In eir shoes and see if you can tackle this problem. Alice Finst - The problem with the bike racks, I think they should put a couple in the front of the building. Jose Aguila - These folks, they need to keep their eye on their stuff and if you put it in the back of the building,they go back to get it and it is gone. In regard to numbers, there is nothing in the LDR that compel how many bike racks there should be except to provide them. Maybe we make a condition of where they will put them. 5 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) Also, an offer was made to ask you folks to meet with various representative of the community. I know for instance Joyce Patrick; she could get the group together. This is to make you aware of just how the community feels. Motion was made by Andrew Youngross and seconded by Roger Cope for the approval of the request for a Class III Site Plan Modification for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(G), and Article 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted,addressing the conditions of approval and engineering technical items contained in the staff report; 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one per employee/volunteer on the largest shift, and,that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff`luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or camera "security device is provided surrounding the site, or at a minimum one camera installed per direction. 5. That staff works out the location of the bake rack on the site plan. MOTION CARRIED.6-0 Motion was made by Andrew Youngross and seconded by Jim Knight for the approval of the request for Architectural,Elevationsfor The Caring Kitchen, by adopting the findings of fact and law 'contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E) subject to the,'following condition: 1. That the entire buildiig'is re-painted white upon completion of the building addition. 2. That the architect investigates the addition to the existing building by an architectural element at that joint. MOTION CARRIED 6-0 6 r GRANT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND AMERICAN LEGION POST 188 A ND CHRISTIANS REACHING OUT TO SOCIETY, INC. THIS AGREEMENT is made on this ° clay of %�? _ _, 200A by and between the CITY Of DELRAY BEACH ("Clty'), AMERICAN LEGION POST 188 i CALP')and CHRISTIANS REACHING OUT TO SOCIETY, INC. ("CROS"), WITNESSETH : WHEREAS, the CITY has leased certain property to ALP for use as a meeting hall; and WHEREAS, ALP currently subleases this property to CROS; and WHEREAS, the Solid Waste Authority began to assess properties for garbage disposal in 1990; and WHEREAS, the City has paid this assessment over the years, although, it is the responsibility of ALP to pay this assessment;and WHEREAS ALP and CROS has requested assistance from the City in repaying this amount; and WHEREAS,the City has agreed, on a one time basis, to give a grant to ALP and CROS for the outstanding amount as these organizations perform a meaningful and beneficial service to the community. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained,the parties agree as follows: 1 RVOtals, The recitals set forth above are incorporated herein. 2, Grant Award, The City shall award a one time grant in order to defray the cost of the Solid Waste Authority assessments,for the property described in Exhibit "A", paid by the City in the amount of$4,011.81 for ALP and in the amount of$7,469.16 ti for CRQS. This grant award shall be contingent upon ALP executing the Restated Lease Agreement, attached hereto as Exhibit 'B". ALP shall be responsible for all future payments of the Sand Waste Authority assessment on the property as provided in the Restated Lease Agreement, 3. Payment !nf City. The City shall make such grant award to ALP and CRQS by reflecting such award and payment for the Stolid Waste assessment in its accounting records. No money shall actually be paid to ALP and CRQS. 4. Term, This Agreement shall terminate by December 1,2004. 5. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and shall supercede all prior oral and written agreements, as to this Funding Agreement. 6. Modification. This Agreement may be amended or modified by written i addendum or amendment signed by the parties. 7. Assignment. This Agreement may not be assigned Without the express w' n`cir sent of the parties. CITY ELRAWS FLO IDA C.I Xle k ,Jeff Perlman, Mayor . r+b ed as to Form: �oA,City Attorney Witnesses: AMERICAN LEGION POST 188 igah Morris, Commander (print or type name) 2 .777. 7 3, 13" LL TheodreRRobinson, �e�cr�eta (print or type name) Witnesses: CHRISTIANS REACHING OUT TO SOCIFTY I l3v—; (print or type nam (print name) (print or type name) —--------- EXHIBIT"A" i Lots 21,22,23 and 24,Block B,West Side Raights Subdivision. i i EMBIT"B" v RESTATED LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND AMERICAN LEGION POST 188 TABLE OF CONTENTS PAGE ARTICLE I BASIC LEASE PROVISIONS 9.01 Premises 4 1.02 Parking 4 1.03 Length of Term and Commencement Date 4 ARTICLE 11 RENT 2.01 Annual Rent 5 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use 5 3.02 Conduct 5 3.03 Alterations by Lessee 5 3.04 Hazardous Substances 6 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lesser and Lessee 6 4.02 Lessor's Right to Inspect and Repair 7 ARTICLE V UTILITIES AND SERVICES 5.01 Responsibilities of Lessor and Lessee 7 ARTICLE VI INSURANCE 6,01 Insurance by Lessee and Lessor 8 6,02 Personal Property 8 6.03 Indemnification 8 ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES i 7.01 Damage or Destruction by l=ire, War or Act of God 9 TABLE OF CONTENTS PAGE ARTICLE V1 I I TERMINATION 8.01 Termination by Either Party 9 ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant 9 ARTICLE X SURRENDER, HOLDOVER 14.01 Surrender of Premises 10 10.02 Holdover 10 ARTICLE XI MISCELLANEOUS 11.01 Notices and Consents 10 11.02 Severability 10 11.03 No Recording 11 11.04 Venue 11 11.05 Captions 11 11.06 No Representations- Entire Agreement 11 11.07 Time of the Essence 11 11.08 No Assignment or Subletting or 11 Licensing of Premises 11109 Radon 12 11.10 Benefit and Binding Effect 12 Exhibit "A" Collectively referred to as the Premises 3 RESTATED LEASE AGREEMENT THIS RESTATED LEASE is made this day of 2004, by and between the CITY OF DELRAY BEACH,, FLORIDA, hereinafter referred to as the "Lessor", and AMERICAN LEGION POST 188, hereinafter referred to as "Lessee". WITNESSETH . WHEREAS, Lessor desires to lease the premises depicted in Exhibit A to be used solely and exclusively for a meeting hall and attendant activities. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this Lease is made upon the agreements, terms, covenants and conditions hereinafter set forth, ARTICLE l BASIC LEASE PROVISIONS 1,01 Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lesser demises and leases to the Lessee, and Lessee rents from Lessor, land as further described in Exhibit A, attached hereto and by reference made a part hereof, referred to as the "Premises". Lessor hereby grants Lessee a non-exclusive easement across the property for ingress and egress to the Premises during the term of this Lease. 1,02 Parking Parking shall be located on the Premises. 1.03 Length of Term and Commencement Date The Term of this Lease shall be for a period of sixty-four (64) years commencing from October 1, 1982 (the original "Commencement Uate") and expiring on the 30th day of September, 2046. This Lease may be renewed for a twenty-five (25) year period upon the consent of both parties. Upon the expiration or termination of this Lease, Lessee shall have the option to remove the building or any personal property from the property. 4 This Lease shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this Lease after any applicable grace period. ; ARTICLE Il RENT 2.01 Annual Rent The Rent payable annually in advance by Lessee for the Term of this Lease for the use and occupancy of the Premises is One ($1,00) Dollar per annum. Lessee is a tax exempt entity as evidenced by tax exemption #f (ol) No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lessee, unless required by law. If so required, the Lessee shall pay for such taxes for prior or future years, all as may be required by law. Payment of Rent will be mailed to Lessor as stated in Section 12.09 of this Lease. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use Lessee shall use and occupy the Premises for the purpose of a meeting hall and attendant uses, and for no other purpose or use whatsoever, without the prior written consent of the Lessor. 3.02 Conduct Lessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Lessee acknowledges that Its employees and the Premises shall throughout the Term of this Lease be in full compliance with all Federal, State, County and local statutes, laws, rules and regulations including without limitation, Sections 402.301 to 402.310 inclusive, Florida Statutes, if applicable to Lessee and rules and regulations promulgated thereunder as may be amended from time to time and shall be properly licensed by all applicable authorities as may be required for the lawful operation of the Premises as a meeting hall. 3.03 Alterations by Lessee Lessee agrees to perform, at its own coast and expense, all work necessary to fully equip and maintain the Premises for Lessee's permitted use of the Premises as specified in Section 3.01 of the Lease. 5 Any installation, alteration, addition, improvement or other physical change ("Alteration")requiring a building permit in or about the Premises by the Lessee shall require the prior written consent of Lessor whose consent shall not be unreasonably withheld. Lessee shall submit plans for Lessor's approval of all such alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the term of this Lease. In the event a construction lien is filed against the premises, Lessee shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part 1. Lessee, within thirty (30) days. after notice from the Lesser, shall discharge, or shall have mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been furnished to the premises on the Lessee's behalf and to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by the Lessor as a result of any such construction lien. All buildings, alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable fumiture and fixtures put In at the expense of Lessee and removable without defacing or Injuring the Building or the Premises), shall become the property of Lessor at the termination of the Lease Term, 3.04 Hazardous Substances Lessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, material or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohiblted, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Lessee shall immediately report such occurrence to Lessor, indicating what is being stored or disposed of, and what actions Lessee is undertaking to remove said hazardous substances or petroleum products. Lessee agrees to indemnify, defend and save harmless the Lessor from and against any claim, damage or loss incurred by Lessor as a result of the storage, disposal, exposure or transportation of the aforementioned hazardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and lessee (a) Lessee at its sole cost and expense, agrees to repdir and maintain the Premises and keep the building and appurtenances in good order and condition, Lessee's responsibility Includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof drains, outside walls, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the 6 Premises and located in the Premises. Throughout the term of this tease, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and replacement if necessary, of the HVAC systems of the Premises. Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both interior and exterior) and any additional buildings both interior and exterior constructed on the Premises. The exterior building color shall be approved in advance by the Lessor. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary all outdoor lighting and outdoor paved areas on the Premises, including, but not limited to, parking lots on the Premises, Lessee shall be responsible for repair and replacement of fencing, If applicable, and for the maintenance of the landscaping, (b) Lessor shall maintain the irrigation system located on the Premises. (c) All malntenancefrepair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. 4.02 Lessor's Right to Inspect and Repair The Lessor or the L.essor's agents shall have the right upon reasonable prior notice t4 the Lessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph,3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises or the Building, which are Lessor's responsibility hereunder or which Lessor has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessor in a manner calculated to minimize interference with or disruption of Lessee's operations within the Premises. ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Lessor and Lessee Lessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Lessee's use of the building and parking areas located on the Premises. Lessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the building and parking areas located in or on the Premises, including the cost of outside lighting of the Premises, by contracting directly with the utility company furnishing such utilities to the Premises. The Lessee shall remove its refuse and rubbish from the Premises to any area on the Property to be designated by Lessor and from which it will be removed at the expense of Lessee. Lessee shalt be responsible for all garbage and trash removal fees and charges including but not limited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The Lessee at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly cleaned. ARTICLE Vl INSURANCE 6.01 Insurance by Lessee and Lessor Lessee shall maintain in full force and effect for the entire term of this Lease, comprehensive liability insurance in the amount of$500,000.00 for bodily injury and property damage combined, each occurrence, which said insurance shall specifically name Lessor as an additional insured under the policy, and that 30 days written notice shall be provided to Lessor upon any cancellation or modification of the insurance policy. 6.02 personal Property All of Lessee's personal property placed or moved in or on the Premises shall be at the risk of the Lessee or owner thereof. Except as otherwise provided herein, Lessor shall not be liable for any damage to said personal property, except to the extent caused by the Lessor, its agents'or Its employees`willful or negligent acts or omissions. 6.03 Indemnification Lessee shall indemnify and save harmless the Lessor, its officers, agents and employees, its officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease or w any renewal thereof, for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Losses, its agents, employees, licensees and invitees and the general public and from and against any orders,judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabil- ities incurred in and about the defense of any such claim. Said indemnification by Lessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the sole negligence or willful misconduct of the Lessor, its officers, employees or agents, its officers, employees or agents. In the 8 _._..._ f 4-y1 event that the Lessor is made a party to any litigation commenced against the Lessee or by the Lasses against any party, then Lessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lesser in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessor, ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire,War, or Act of Gad In the event the Premises shall be destroyed or so damaged or injured by fire, flood or other casualty during the term of this Lease or any extension thereof, whereby the same shall be rendered untenable, in whole or in part then the Lessee at its sole option may terminate the lease or may commence and complete replacement or restoration thereof within five years of the aforementioned event. In the event of any . such casualty and if Lessee fails to complete restoration or replacement within the five year period, the Lessor may, in its sale discretion grant an extension of time or terminate the Lease, and Lessor may complete the restoration or replacement or demolish the improvements and properly dispose of the demolished materials and Lessee shall reimburse the Lessor for all costs and expenses in doing so. In the event Lessee or Lessor elects to terminate this Lease, instead of replacing or restoring the premises, both parties shall be relieved of all further obligations hereunder, except as provided herein. The cancellation herein mentioned shall be evidenced in writing. ARTICLE VIII TERMINATION E 8.01 Termination by Either Party Either party may cannel this tease at any time and for any reason, upon One Hundred Eighty (180)days written notice provided by hand delivery, mail or fax. ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant Upon payment by the Losses of the Rent and tither charges herein .provided, and upon the observance and performance of all the covenants, terms and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption, subject to the terms of this Lease. 9 ARTICLE X SURRENDER, HOLDOVER 10.0'1 Surrender of Promises Upon expiration of the term, the Lessee shall, subject to the provisions of Section 3,03 of this Lease, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessor in good repair and condition, excepting reasonable wear and tear arising from Lessee's permitted use of the Premises. 10.02 Holdover Any holdover by Lessee, with or without the consent of Lessor, at the expiration of this Lease, shall create a new tenancy from month-to-month between Lessor and Lessee which shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or extension of this Lease. ARTICLE XI MISCELLANEOUS 11,01 Notices and Consents Any consent's, approvals and permissions by the Lessor 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 if mailed,faxed or hand delivered to: (a) if to the Lessor at City Manager 104 N.W. 1 st Avenue Delray Beach, FL.33444 (b) if to the Lessee at: Eligah Morris, Commander 426 S.W. 4 'Ave. Delray Beach, FL 33444 Or at such other addresses as the Lessor or the Lessee, respectively, may designate in writing. 11.02 Severability If any term of this Lease or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not.be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law. 10 11,03 No Recording Lessor and Lessee agree that a Notice of Leasehold interest, in form agreeable to each party, shall be recorded in the public records to set forth the term of the Lease, identification of the parties, and notice that the Lessor's interest in the Premises is not subject to any lien 11,04 Venue This Lease shall be governed by and interpreted according to the laws of the State of Florida. To the extent allowed by law, the venue for any action arising out of or from this Lease shall be In Palm Beach County, Florida. 11.05 Captions The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. 11.06 No Representations -Entire Agreement This Lease constitutes all agreements, conditions and understanding between Lessor and Lessee concerning the Premises, All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessoo unless reduced to writing and signed by them, 11.07 Time of the Essence -Time is of the essence with respect to each provision of this Lease which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall and on a Saturday, Sunday or legal holiday shall extend to 5:40 p.m. EST of the next business day. 11,018 No Assignment or Subletting or Licensing of Premises Lessee shall not assign nor sublet or License the Premises without the prior written consent of the Lessor, which consent may be granted or withheld in the Lessor's sole discretion, unless such assignment is to any successor of the named Lessee which shall use the premises for the same permitted use', in which case Lessor shall not unreasonably withhold its consent. All sublesses's must abide by all of the terms of this Lease and any sublease shall include all of the terms of this Lease. 11 Lessor acknowledges that lessee has currently subleased the Premises to Christians Reaching Out to Society, Inc., a non-profit corporation and Lessor hereby consents to such sublease for the duration of such sublease or any renewal periods. 11.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the public health unit, 11.90 Benefit and Binding Effect This tease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. E IN WITNESS WHEREOF, the parties hereto have duly executed this ,dose a� of the date set forth below. ATTEST: r . LESSOR: "4. r CITY ELRAY C By: ity Clerk Jeff Perlman, Mayor =e � 6i5 to form and legal d5i# [pie ri3y: h-6,Clty Attorney LESSEE; WIT ESSE& AMERICAN LEGION POST 188 lb.6=z Eligah Morris, Commander 4 (print or type name) $y, . Theodore Robinson, Secretary (print or type name) 12 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of an approval of a Class III Site Plan Modification for The Caring Kitchen located at 196 NW 811, Avenue, has come before the City Commission on March 31, 2015. This appeal was filed by Appellant Reginald A. Cox, a landowner in the area neighboring The Caring Kitchen. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Class III Site Plan Modification for a 165 square foot addition, to rebuild and expand existing restroom facilities, to expand storage area, and to add the provision of a laundry area that contains one washing and one drying machine. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN: a. Future Land Use element — Objective A-1: This objective requires that the property be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Is Future Land Use Element Objective A-1 met? Yes No b. Housing Policy A-11.3: This objective requires that the City shall consider the effect that the proposal for development or redevelopment will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes, and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability, and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Is Housing Policy A-11.3 met? Yes No C. Future Land Use Man: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac) and is zoned CF (Community Facilities). Is the project's proposed location consistent with the Future Land Use Map? Yes No d. Concurrencv: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste, and schools? Yes No e. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? 2 Yes No H. LAND DEVELOPMENT REGULATIONS: a. Pursuant to LDR Section 2.4.5(G)(5), in addition to the provisions of LDR Chapter 3, the City Commission must determine that the proposed changes do not significantly affect the originally approved site plan. Are the requirements of LDR Section 2.4.5(G)(5) met? Yes No b. Pursuant to LDR Section 2.4.5(F)(5), in addition to the provisions of LDR Chapter 3, the City Commission must determine that development of the property pursuant to the site plan will compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Are the requirements of LDR Section 2.4.5(F)(5) met? Yes No C. Pursuant to LDR Section 4.6.18(E), the City Commission shall consider the following criteria in the review of building permits. If the following criteria are not met, the application shall be disapproved: i. The plan or proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality; ii. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value; 3 iii. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Are the requirements of LDR Section 4.6.18(E) met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of March, 2015, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Cary Glickstein, Mayor 4 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: February 19, 2015 SUBJECT: AGENDA ITEM 9.B-REGULAR COMMISSION MEETING OF MARCH 31,2015 CONDITIONAL USE EXTENSION REQUESUDELRAY MEDICAL CENTER BACKGROUND The subject property is an unplatted parcel of land located in Township 46 South, Range 42 East, Section 26 and contains 36.179 acres. At its meeting of September 20, 2005, the City Commission approved the annexation of the hospital and assigned the CF (Community Facilities) zoning designation to the subject property. A master plan was approved under the County's jurisdiction that indicates that a total of 559,407 square feet was approved for the existing Delray Medical Center, Pinecrest Rehabilitation Hospital, and Lago Vista, (located west of the hospital and annexed in 2008 and 2011 respectively). At its meeting of March 19, 2013, the City Commission approved a conditional use to allow an increase in height from 48 feet to 58 feet for the proposed hospital wing. At its meeting of January 28, 2015, the Site Plan Review and Appearance Board approved a class IV site plan modification, which reconfigured the new hospital wing. DISCUSSION Consideration to extend the existing conditional use approval that will allow an increase to the allowable building height to a maximum of 60 feet (58 feet proposed) for the Delray Medical Center pursuant to LDR Section 2.4.4(F)(1). Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application,pursuant to the following: • A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; • The letter must set forth the basis and reason for the extension; • The extension shall be considered by the same body which granted the original approval; • The extension, if granted, shall be for eighteen (18) months unless otherwise stated. LDR Section 2.4.4(F)(3) "No Construction" Per LDR Section 2.4.4(F)(3) when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following verbatim statement in justification for the proposed extension: "...Following their approval of a text amendment to the City of Delray Beach Land Development Regulations (LDRs) to allow an increase in building height that was initiated by Tenet Healthcare Corporation and the Delray Medical Center(the Owners), the Delray Beach City Commission approved a Conditional Use on March 19, 2013 to allow for said increase in building height for the proposed Bed Tower Addition at Delray Medical Center. Following approval of the Conditional Use, a Class III Site Plan Application was approved by the Site Plan Review and Appearance Board (SPRAB) on April 10, 2013 based on schematic plans prepared for the addition. Since these approvals, the Owners have been studying development options for the Bed Tower Addition so that the expansion is both aesthetically pleasing and operationally modernized. The Owner has also studied current healthcare industry reports and literature documenting what is working in the current market as it relates to improving the health and wellbeing of its patients and staff, way-finding for the public, and providing for a more stressfee environment through modernization and design. These findings have resulted in the Owner taking an alternative approach to the design of the proposed Bed Tower Addition, which has resulted in a more modern and visually appealing tower structure and site layout, both of which are geared toward promoting a healthier physical environment for patients, employees, and physicians. This has resulted in a redesign of the Bed Tower Addition that the Owner believes will best serve the residents of Delray Beach and greater Palm Beach County. However, this effort to improve the design of the addition has taken more time than anticipated. On September 9, 2014 a Class III Site Plan Application to modify the previously approved plans with the proposed redesign was submitted and is under review, and scheduled to be considered by SPRAB on January 28, 2015. Following SPRAB review, the Owner intends to move forward with construction o�j the Bed Tower Addition. As construction will not commence by March 19, 2015 or within the twenty-four (24) month period following approval of the Conditional Use, a time extension is needed... " At its meeting of January 28, 2015, the Site Plan Review and Appearance Board approved the site plan modification mentioned in the applicant's justification statement above. The proposed modification provides the new patient rooms in two wings rather than a single tower that was previously approved. The site plan was reviewed for consistency with the current Land Development Regulations and approved subject to several conditions of approval that ensures compliance with City's development regulations, such as illumination standards and the conditions associated with the previous Conditional Use approval, such as incorporating green building techniques and perimeter buffering. The SPRAB conditions of approval are noted below in staff's recommendation. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. Based upon the above, the extension request would be valid through September 15, 2016 as requested by the applicant. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval for Delray Medical Center, allowing a building height of 58' by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) of the Land Development Regulations, with said approval to be valid until September 15, 2016, subject to the following conditions: 1. On site plan, clearly indicate boundary of proposed improvements under this project title. If other improvements will be shown indicate they will be "future improvement, not part of this site plan". 2. On civil plans, include an overall site plan so location of proposed improvements in reference to entire project site can be identified. 3. The Survey, Site Plan, Landscaping Plan and Preliminary Engineering Plan needs to be at the same scale. All plans needs to be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" = 20' or 1" = 30' per LDR Section 2.4.3 (B) (1) and (D) (1). However, keep one sheet at a larger scale on both site and civil plans to show entire project area. 4. Provide Engineering Plans with existing and proposed spot elevations showing changes of elevations of not more than 2-feet, throughout the site and at a minimum distance of 10-feet into all adjacent properties per LDR Section 2.4.3 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. Provide elevations at least 10-feet beyond boundaries of project area. 5. Palm Beach County Health Department permits required for this project, this will need to be provided prior to building permit issuance. 6. Provide copy of South Florida Water Management District (SFWMD)permit modification. 7. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. Handicapped parking spaces need to be paved, properly marked, and ramp and curb cuts provided if required. 8. Provide ADA compliant access from the parking space to the building. 9. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 10. Provide signed and sealed drainage report indicating the proposed system's ability to meet storm water quali and quant i requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 11. Indicate location of existing 10-inch water main. 12. Indicate proposed water main will be looped in accordance with LDR Section 5.3.3 (E). Looped water mains are required on or off site in order to increase reliability of water flows and pressure. 13. Provide an exclusive 12-foot exclusive sewer easement over sewer mains. Easement deed would need to be taken to City Commission for approval and a copy of the recorded easement deed would be required prior to Building Permit issuance. 14. For the first relocated sanitary sewer manhole, move east of where it is currently proposed to avoid a 90 degree bend(portion closest to Military). 15. Use City's numbering system for relocated sanitary sewer manholes. 16. Provide an exclusive 12-foot exclusive water easement over water mains. Easement deed would need to be taken to City Commission for approval and a copy of the recorded easement deed would be required prior to Building Permit issuance. 17. Indicate location of water meter(s), a 12' water easement will be required to water meter. 18. Provide a separate tap off of water main for fire suppression, fire hydrant and domestic water. 19. Provide double valves at connection points for new mains to existing mains (not at service lines). 20. Indicate location of first cleanout from sewer service connection. A cleanout will be required on the existing sewer service at a maximum distance of 18-inches from the right-of-way line and/or easement line per City of Delray Beach Standard Detail WW 4.1. At locations where this cannot be obtained, an exclusive 12' wide sewer easement will be required up to the first clean-out. 21. Show and clearly label all easements on Landscape, Engineering and Composite Utility Plans. 22. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 23. Provide note indicating, "No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer." 24. Provide note indicating, "No proposed structures shall be installed within a horizontal distance of 10-feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer." 25. Indicate a City approved bus shelter and mass transit easement (as applicable) will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5 and LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. 26. Satisfy all Site Plan Technical Items and submit revised plans. 27. That the photometric plan be revised to comply with the required night illumination level for the garage entrances (10 fc maximum, 1.0 fc minimum) and the required levels for the drive through canopy (30 fc maximum, 3.0 fc minimum) and that all aspects of the photometric plan be re-evaluated for compliance with the City's illumination requirements especially on the roof. 28. That a minimum of two additional techniques are included in the project design that address sustainability issues and consider achieving third-party green building or LEED certification. 29. That the landscape island on the west side of the bed tower addition be redesigned to provide the required minimum 9-foot width requirement. 30. Palms need to be a minimum of sixteen feet (16') in overall height. At a minimum, revise the specifications of the Alexander Palms and Montgomery Palms to meet this requirement. 31. That the new hedge along the southern property line be noted and the species name provided on sheet L1.01. 32. Label the north and south landscape buffers on sheet L1.01, so that it is easily identifiable. Be sure to label Linton Blvd(north buffer) and Country Lake Circle (south buffer) as references. 33. There are at least ten (10) landscape islands within the parking area next to the ficus hedge that are missing shade trees. Sheet L0.02 does not address this deficiency. Please see attached pictures L -DSCN 1866 — 1875 for the tree-less landscape islands. This item needs to be addressed by adding additional shade trees. 34. There are two (2) existing trees growing within the existing ficus hedge. I believe they are a variety of Ficus species. They are growing into the overhead wires and are half dead, posing a significant risk to the patrons of the hospital. These will need to be removed and stump grinded, replaced with new FPL approved trees. See pictures L -DSCN 1864 and 1865. 35. The existing ficus hedge on the north side of the southernmost parking row is missing quite a few hedges, ending well short of the parking row. It appears that several of these hedges died or were removed at some point in time. New ficus hedges will have to be installed here as well so as to complete this hedge and match what was originally there. See picture L—DSCN 1876. 36. That the Ficus hedge be replaced with a new hedge species along the south side of the property, and the buffer be enhanced with additional trees to address the City Commission condition of approval. 37. That the applicant has the site's slopes stabilized, the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. 011j" LANNING AND ZONING BOARD CITY OF D LR! .Y BEACH ---STAFF REPORT--- MEETING DATE: February 25, 2013 AGENDA ITEM: IV.B. ITEM; Conditional Use Request for Delray Medical Center to Allow an Increase in Building Height to Exceed 48' (58' Proposed) for a Proposed Building Addition to the Delray Medical Center Located West Of The Southwest Corner Of Military Trail And Linton Boulevard (5270 Linton Boulevard). GENERAL DATA: "° Applicant..................... Tenet Healthcare Corporation Agent......................... Urban Design Kilday Studios DLocation......................... West of the southwest corner of Linton W� Boulevard and Military Trail, Property Size.................. 36.179 acres A5 R 5 yE Future Land Use Map..... CF (Community Facilities) D � D Current Zoning............... CF LIN TON BOBLEY AflO Adjacent Zoning....North- RM (Multiple Family Residential – Palm Beach County) East: CS (Community Service – Palm Beach County) E PC (Planned Commercial) _ South- RS (Single Family– Palm Beach County) c n N T Y o West: RM (Multiple Family Residential – Palm ` A k ® -- - Beach County) Existing Land Use.......... Hospital Proposed Land Use........ New hospital wing and parking garage ,.. ; ..,.COD — E ; , Water Service................. Existing on site. Sewer Service..........., Existin g on site. � E �mm 0 W.B. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to exceed the maximum building height of 48 feet (58 feet proposed) for the Defray Medical Center, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The hospital is located west of the southwest comer of Military Trail and Linton Boulevard (5270 Linton Boulevard). iBEK � The subject property is an unplatted parcel of land located in Township 46 South, Range 42 East, Section 26 and contains 36.179 acres. At its meeting of September 20, 2005, the City Commission approved the annexation of the hospital and assigned the CF (Community Facilities) zoning designation to the subject property. A master plan was approved under the County's jurisdiction that indicates that a total of 559,407 square feet was approved for the existing Delray Medical Center, Pinecrest Rehabilitation Hospital, and Lago Vista, (located west of the hospital and annexed in 2008 and 2011 respectively). At its meeting of February 19, 2013, the City Commission approved on first reading the ordinance to amend the Land Development Regulations to add the hospital to areas that allow an increase in height of up to 60 feet subject to conditional use approval The City Commission will consider this LDR Amendment on second reading at its meeting of March 5, 2013. The development proposal that is now before the Board is to allow an increase in building height up to 60 feet (58 feet proposed) for a new wing at the Delray Medical Center. The applicant proposes to construct a four-floor building addition on the north side of the existing hospital that contains 140 private patient rooms. The proposed building addition does not result in additional beds since 140 of the existing semi-private (2 bed patient rooms) will be converted to single bed private patient rooms. Other improvements include the construction of a 343-space parking garage on the north side of the hospital, a helipad on the roof of the new hospital wing, and associated parking and landscape changes associated with the proposed buildings. Planning & Zoning Board Staff Report: 2125113 Delray Medical Center—Conditional Use Request Page 2 CHAPTER 3 REQUIRED FINDINGS): (Performance Standards T L.O.S.) Pursuant to LDR Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a FLUM designation and a zoning designation of Community Facilities (CF). As noted in the background section of this report, the City Commission approved on first reading the LDR text amendment to include the Delray Medical Center property in the geographic areas that allow for a height increase up to 60 feet subject to Conditional Use approval [LDR Section 4.3.4(J)(4)(b) — Area "K]. Based upon the above, a positive finding with respect to consistency with the FLUM can be made provided that the City Commission approves the LDR text amendment. To ensure consistency between the proposed Conditional Use and the Land Development regulations, a condition of approval is attached that approval of the request is contingent on City Commission approval of the text amendment to allow a height of up to 60 feet for the Delray Medical Center. In absence of this approval the proposed structures are allowed at a maximum height of 48 feet. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal consists of the construction of a 129,188 square foot wing to the existing hospital. The impacts on the applicable level of services are discussed below: Water and Sewer: Water service is available via service lateral connections to an existing 12" water main along Military Trail and a 10" water main along Linton Boulevard. Sewer service is available via service lateral connection to an existing 12" force main along the east side of the property to a 12" force main along Military Trail, Fire protection is provided via numerous fire hydrant connections located throughout the hospital complex Planning &Zoning Board Staff Report: 2125/13 Delray Medical Center—Conditional Use Request Page 3 Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage; Drainage is to be accommodated via sheet flow to catch basins with outfall to the existing retention ponds on the property. There are no problems anticipated in complying with SFWMD requirements and thus, obtaining a surface water permit. Streets and Traffic: A traffic statement has been submitted that indicates the proposed development will generate an additional 1,918 average daily trips. The peak a.m. trips will be 131 and the peak p.m. trips will be 132. A finding of concurrency has been received from the Palm Beach County Traffic Engineering Division. Solid Waste: The 129,188 square foot hospital addition will generate 161.485 tons of solid waste per year (129,188 sq. ft. x 2.5 = 322,970 lbs. per sq. ft. 1 2,000 lbs. _ 161.485 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Future Land Use Element ONective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed redevelopment. The proposed addition is located 384 feet from Linton Boulevard and 600 feet from the nearest residence in the Las Verdes subdivision (to the north). The proposed wing will have no impact on the Country Lake to the south in terms of massing since it will screened from view by the existing hospital. The proposed height increase will have little to no significant impact on surrounding properties. The new rooftop helipad will allow direct access from the helicopter to the emergency room rather than its current ground location, which requires a short ambulance ride to the emergency room. This should improve the compatibility Planning &,Zoning Board Staff Report: 2125113 Delray Medical Center—Conditional Use Request Page 4 between the hospital and the residential neighborhood to the south by relocating this noisy operation to a more central location on the property. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. The existing bus stop located on the north side of the hospital will need to be eliminated due to the proposed development. A replacement bus stop will be provided on the north side of the new parking garage. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal includes bicycle racks on the north side of the parking garage adjacent to the new bus stop. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(x), the maximum height of structures in the CF zoning district is 48'. Per LDR Section 4.4.13(F)(1)(a), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip, or gambrel roof. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. Pursuant to LDR Section 4.14(J)(4)(b)(i)(11)[If approved by the City Commission], an increase to a maximum height of 60' (58' proposed) may be approved by the City Commission as a conditional use for property within the project known as the Delray Medical Center (Delray Hospital), located on the south side of Linton Boulevard approximately 1,240 feet west of Military Trail, and as annexed into the City of Delray Beach via Ordinance 33-05. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations (1) An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the Planning &Zoning Board Staff Report: 2125113 Delray Medical Center—Conditional Use Request Page 5 structure; however, the increase in height is only for the added residential use area. (iv)That the increase in height shall be allowed if two or more of subsections 4.3.4(J)(iv) (1), (2) or (3) are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. Per LDR Section 4.3.3(L)(3), the required perimeter setback is 50 feet. The applicant proposes to increase the building height 58 feet, which requires an additional 20 feet (70 feet total) of perimeter setback. The proposed building addition complies with this standard since a front setback of 386 feet is provided and a side setback of 230 feet is provided. The first floor contains no residential component. The existing hospital campus provides numerous courtyards and pedestrian plaza on the north side of the building. Based on the above, the development proposal complies with all three criteria. Therefore, the development is eligible for consideration of a height increase. LDR SECTION 2.4.5(E) (REQUIRED FINDINGS): Pursuant to LDR Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Nor that it will hinder development or redevelopment of nearby properties. Planning &Zoning Board Staff Report: 2125113 Delray Medical Center—Conditional Use Request Page 6 The following zoning designations and uses border the property: Direction. Zoning: Use: North RM (Multiple Family) Las Verdes — Palm Beach County Jurisdiction South RS (Single Family) Country Lake — Palm Beach County Jurisdiction East CS (Community Service) Delray Medical Condos — Palm Beach County Jurisdiction GC (General Commercial) Wal-Mart West RM (Multiple Family) Apartments — Palm Beach County Jurisdiction Given the location of the proposed addition, there will be no significant impact on the surrounding community in terms of massing. The relocation of the primary helipad to the roof of this addition should improve the compatibility between the hospital and the community to the south in terms of noise. Based upon the above, the proposed use will not have an adverse impact on the surrounding area, nor will it hinder development or redevelopment of nearby properties, if the conditional use is approved as recommended. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. It is noted that the existing parcel is nonconforming with respect to several Land Development Regulations such as required landscape and parking areas. The proposed addition is not of a scale that would require total site upgrades. The onsite improvements will be limited in scope and the required upgrades to this limited area are expected with the site plan approval process which would follow the Conditional Use approval. Based upon staff's review of the sketch plan and site inspections, the following analysis is highlighted. Hospital Intensity: Per LDR Section-4.3.3(L)(3), the maximum intensity, in terms of patient rooms is 30.37 patient rooms per acre computed on the basis of one patient room allowable for each 1,500 square feet of lot area. The property contains 1,575,957.2 square feet (36.179 acres). The property contains a total of 244 patient rooms including the hospital, Fair Oaks, and Pinecrest. The addition of the new wing will add 140 patient rooms for a total of 384 patient rooms. The master plan has an additional 32 patient rooms vested for the property from when the property was in the jurisdiction of Palm Beach Count for a total of 416 patient rooms. Based on the above, the hospital is allowed to have up to 1,050 patient rooms and 416 patient rooms are proposed. Further, the proposed Planning &Zoning Board Staff Report: 2125113 Delray Medical Center--Conditional Use Request Page 7 intensity is 11.50 patient rooms acre. It is noted again that the actual intensity of the hospital is not increasing since the number of beds are not increasing due to an equal conversion of existing 2-bed rooms being converted to private single-bed rooms. Parking: Per LDR Section 4.6.9(C)(6)(i), hospitals shall provide 1.5 parking spaces per bed, plus one space per 100 square feet of floor area in rooms for outpatient, emergency, and other special service areas open to the public. The hospital is required to provide 1,290 parking spaces and 1,781 parking spaces are provided. Photometric Plan: A photometric plan has been submitted. The proposed lighting of the garage and the building lighting does not comply with the City's illumination standards. This will need to be addressed during the site plan process. PFD -" ��' �FI The subject property is not in a geographical area requiring review by the Downtown Development Authority (DDA) or Community Redevelopment Agency (CRA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: • Delray Citizen's Coalition Shadywoods • Alliance of Delray Hammock Reserve • Neighborhood Advisory Council • Lakeview Civic • Country Lake Homeowners • Sherwood Park Civic Association • Citation Club Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of objection and/or support will be presented at the Planning and Zoning Board meeting. The proposed conditional use is to allow for an increase in height up to 60 feet (58 feet proposed) for a new four floor hospital wing. Normally, a height increase has been requested to allow a fifth floor for residential purposes. In the case of a hospital, each floor needs to have a higher profile due to the equipment necessary between each floor. The inclusion of the rooftop helipad will improve emergency services and will improve Planning &Zoning Board Staff Report: 2/25/13 Delray Medical Center—Conditional Use Request Page 8 the compatibility with the residential neighborhood to the south. The landscape plan contains several deficiencies that will need to be addressed as part of the site plan process. The development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Also, positive findings with respect to LDR Sections 2.4.5(E)(5)[Conditional Use Findings] and 4.3.4(J)(4)(b), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed. A. Postpone with direction. B. Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48 feet (58 feet proposed) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 (Performance Standards) of the Land Development Regulations, subject to the conditions of approval. C. Move a recommendation of denial of the conditional use request to allow for a building height in excess of 48 feet (58 feet proposed) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 (Performance Standards) of the Land Development Regulations. Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48 feet (58 feet proposed) for Delray Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That approval of the request is contingent on City Commission approval of the text amendment to allow a height of up to 60 feet for the Delray Medical Center. 3. That the photometric plan be revised to demonstrate compliance with the City's illumination standards as part of the site plan process. Planning &.Zoning Board Staff Report: 2125113 Delray Medical Center—Conditional Use Request Page 9 4. That the landscape plan be revised to address code deficiencies or relief sought as part of the site plan process. 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Pape, Senior Planner S T U D 10 S City of Delray Beach Planning and Zoning Department 100 N.W. 1 st Avenue Urban Planning and Design Delray Beach, FL 33444 Landscape Architecture Communication Graphics RE: CONDITIONAL USE FOR DELRAY MEDICAL CENTER 5270 LINTON BOULEVARD TIME EXTENSION REQUEST UDKS REF #81-018.024 Dear Mr. Little and Mr. Pape, Following their approval of a text amendment to the City of Delray Beach Land Development Regulations (LDRs) to allow an increase in building height that was initiated by Tenet Healthcare Corporation and the Delray Medical Center (the Owners), the Delray Beach City Commission approved a Conditional Use on March 19, 2013 to allow for said increase in building height for the proposed Bed Tower Addition at Delray Medical Center. Following approval of the Conditional Use, a Class III Site Plan Application was approved by the Site Plan Review and Appearance Board (SPRAB) on April 10, 2013 based on schematic plans prepared for the addition. Since these approvals, the Owners have been studying development options for the Bed Tower Addition so that the expansion is both aesthetically pleasing and operationally modernized. The Owner has also studied current healthcare industry reports and literature documenting what is working in the current market as it relates to improving the health and wellbeing of its patients and staff, way-finding for the public, and providing for a more stress-free environment through modernization and design. These findings have resulted in the Owner taking an alternative approach to the design of the proposed Bed Tower Addition, which has resulted in a more modern and visually appealing tower structure and site layout, both of which are geared toward promoting a healthier physical environment for patients, employees, and physicians. This has resulted in a redesign of the Bed Tower Addition that the Owner believes will best serve the residents of Delray Beach and greater Palm Beach County. However, this effort to improve the design of the addition has taken more time than anticipated. On September 9, 2014 a Class III Site Plan Application to modify the previously approved plans with the proposed redesign was submitted and is under review, and scheduled to be considered by SPRAB on January 28, 2015. Following SPRAB review, the Owner intends to move forward with construction of the Bed Tower Addition. As construction will not commence by March 19, 2015 or within 610 Clematis Street 24 f - our month period approval of suite the twenty-four ( ) th id following g pp l f the Palm West Palm Beach, FL 33401 Conditional Use, a time extension is needed. 561.366.1100 561.366.1111 fax www.udkstudios.com LCC000035 Mr. Little and Mr. Pape January 8, 2015 Delray Medical Center Conditional Use Page 2 Pursuant to LDR Section 2.4.4.F(1) a time extension to extend the commencement of development by eighteen (18) months for a Conditional Use approval may be requested. Please accept this letter outlining the basis and reason for the extension as a request for this time extension. This request is being submitted at least forty-five (45) days prior to the expiration date of March 19, 2015. Please let me know if you need any additional information to process this request for a time extension by the City Commission for the Conditional Use. I may be contacted at (561)366-1100 or cwalter(a)-udkstudios.corr: Thank you in advance for your consideration of this request. Sincerely, Collene Walter Cc: Mike Cronan, Delray Medical Center H:\JOBS\Delray Medical Center_81-018\Tenet_PL_.024\Documents\Correspondence\Pape Time Extension 010715.doc Lu N J Q 56 EMMA UEL CHRIST CAT LIC 774E Q CHU C74 KING U MONASTERY OF -~ LAS VEROLS DRIVE ST. CLARE L A 5 p S V R J ENTER Q 68 H VERDES y 67 DELRi Y TOWN CE V TER F� g L I N T 0 N B 0 U L E V A R p s WELLS mgggg n+c TR o FARGO PALM � 2 d LAGO ``;' ;�s �'� ".' ' .• EOCARAY VISTAS COURT PLAZA 4 4 DELR L PLAZA TRACT A � g ".s� CENTER COND S TA a 6 g 4 Cr SOUTH COUNTY MENTAL HEALTH CENTER q. TRACT A' WAL—MART �� ""'� �•sue"'''°` � MF SOUTH COUNTY PROFESSIONAL CENTRE CONDO rI II�`1I rI - 187 ® LJ_LJ_LLI e�lP L'7KE a C� CIRCLE � A G N T R OGL � CASA REAL TR L AI m W GARDEN DR' TRACT 0-2 d LI O °` ry CRH{ 52 il � w h DRIVE � � 24 CAN AL L.-37 2a J N DELRAY MEDICAL CENTER SuBJ1� ��>P� PROPERTY BOUNDARY 4 PLANNING AND ZONING DEPARTMENT r' "'"" '��-��-�°� LOCATION MAP -- DIGITAL-BASE MAP SYSTEM -- MAP REF: S:\Planning k Zoning\DBMS\Fle—Cab\Z—LM 500-1000\LM940c—Delray Medical Center MINUTES SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH REGULAR MEETING MEETING DATE: January 28, 2015 MEETING PLACE: City Commission Chambers MEMBERS PRESENT: Roger Cope, James Chard, Jim. Knight, Alice Finst, Andrews Youngross, and Jose Aguila MEMBERS ABSENT: Terra Spero STAFF PRESENT: Scott Pape, Michael Dutko, Candi Jefferson, Jasmin Allen and Diane Miller I. CALL TO ORDER The meeting was called to order by Chairman Jose Aguila.,at 6:OOPM. Upon roll call it was determined that a quorum was present,. Chairman Jose Aguila read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who;wished to give testimony on any agenda item. MINUTES FOR CARING KITCHEN CARING KITCHEN 196 NW 8th Avenue Dana Little, Director of Planning and Zoning presented the item through a review of the staff report. Applicants Presentation Gary Eliopoulos -- GE Architecture,Inc. - 205 George Bush-We thank staff for working with us over the last several months. In regards to what Dana Little mentioned in his presentation, it is all about haw this facility will be used. The first thing that was talked about with the police department is that the building has a rear door, so everyone could come and go as they pleased and take showers. From the legal stand point and who owns this building, it is the City that owns it and it does not comply with ADA. We got the phone call and they wanted bathrooms that comply with ADA. The showers are a separate thing, but why do they want a washer and dryer. In a perfect world we would Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) not need this facility, but we do need to service a lot of these people and there are a lot of people that want to turn their backs on this facility and people. From an architect perspective, a limited addition and matching things on the building, but you do need to hear from Caring Kitchen,who actually runs this facility. April Hazamy - Program Director for the Caring Kitchen and we are an outreach of CROS Ministries. I feel that staff has addressed all the issue very well and why we want this washer and dryer and the showers. The showers will be offered ONLY on the nights that we do not serve dinner, which is Tuesday and Friday. We will be setting a schedule for showers and have people make appointments and .only servicing people that are already utilizing the facility and not bring in people into the neighborhood. The only people on property would be the volunteer, staff anti the person that is receiving service. All this is to provide a service to the people thatare living on our streets retain their dignity and to prepare them for hopefully employment to bette.r.their futures. Public Comments Reginald Cox- 715 NW 2nd Street You are going to hear from the closest residence to'this project and the HOA: This facility has outgrown the neighborhood as far;as.the traffic ard.,the uses that it brings. This is a good cause and we do thank you for that but it is lust not healthy for the surrounding residences. This is based on the amount of traffic that it brings in there, based on the amount of transient it brifigs,in, the garbage that is left,down tl?e street as they leave, the way the parking has been obtained as far as.the numbers are concerned. There is no back up to substantiate these numbers. I live less than 100 ft, from this property and from my visual observations over.the last'10 years, tl o.se numbers are not correct. Even in the letter from the_Caring Kitchen :to'staff with;haw they are going to use the facility, it resembles 'a take=out service ;. With:` he;nurnber of people in and out, the staff and volunteers,there needs to be a more appropriate parking count. There are several areas in the staff report that does not comply. For example LDR 2.4.5 (G) 5, it states that the performance changes do notsignificantly affect the original point that it does. The shower use, I asked at.a CRA meeting;is there any other facility in Delray that has a community kitchen with a shower, and the 'answer was no. As far as LDR 3.1.1.8, future land use map, I don't think that a positive finding can be made as far as that is concern. Regarding the parking, which is o.n a different'parcel, is there an exclusive rights for them to park there? The community needs more time to realistically position on the parking count. Does not meet the housing policy as it impacts the safety of the community. Pamela Williams - President of the Paradise Heights HOA - NW 611, Avenue and NW 81h Avenue - My association is directly affected by this and I do not support the recommendation of installing the showers. I have many concerns with the safety and security and the police department has concerns with the installation of the showers and laundry that will be used and the increase of medical calls as well as theft calls. There are a lot of homeless that use the Caring Kitchen as their home address. By adding these amenities it will cause a more home like feeling and have more people to use this site as 2 Minutes of the January 28, 2015 SPRAB BOARD Meeting (Caring Kitchen) their home address. I would like this project to be tabled so that the community can re- evaluate the issues. Ernestine Holliday - President of Westside Heights HOA -- This facility is in my homeowners association and my problem is the safety of the facility. If you ride through the area at lunch time you will see what a traffic hazard this is and people complaining about sleeping'behind the dumpster. A lot of people have little children and they are very uncomfortable with so many people walking around. Joyce Patrick - 211 NW 15th Avenue - I represent the;hameowners association in the surrounding area of the Caring Kitchen. The building, s'`.n dire need of renovations, but too much focus has been given to the interior when if:isthe exterior that the neighbors have to deal with. We need landscaping to spruce up the'building and I have observed on many occasions recipients of the building walking down the street eating out of their plates. What are needed are some picnic tables.-where they can sit down and enjoy their meals, because when they are done eating, hat is where they will flip their plates and land in someone's yard. We would like to ge,together with the Caring Kitchen and have a sit down with the homeowners at Pompey Park Jared Jenkins - 104 NW Stn Avenue 'W.estside Heights - I am a restaurant manager in downtown Delray Beach and my family has owned property here for many years. I drive through the area sometime late at night and see.what is going on. There is no denying that the Caring Kitchen does a great job, but being a, properly„owner the exterior does need some attention including security cameras Melanie Winter 255 NE 3rdAvvnue - I am a volunteer at the Caring Kitchen for over a year and I am their Wednesday driver. I go pick,up food that they use to feed the people that use the Caring Kitchen 1 agree in what I have heard in regards to what the Caring Kitchen needs and the'iist is endless. Mike Dutko -Assistant Attorney '(Stated a legal comment) I want to brig:to the board's'attention;that this board is not an arbiter of uses. This use is determined a'lawful us on this property. The proposal before the board is strictly the 165 sq, ft. building.;. Conversations on whether we like the use or not are not for this board to decide. This board'As not a policy board. It is a lawful use; it has been determined to be a lawful use within that zoning district. This is not appropriate consideration while looking at this actual project. Rebuttal - April Hazamy - Program Director for the Caring Kitchen -- We agree with what Melanie Winter was saying, and we agree that we need improvements, and we have asked for picnic tables so these people can be comfortable to eat. The homeowners have said that this is inappropriate and they need to come and go and be out of the neighborhood. 3 Minutes of the January 28, 2015 SPRAB BOARD Meeting (Caring Kitchen) Board Discussion Jim Knight- I understand the concerns and we are put in a tough spot and I can certainly understand. There are some medical uses that are surrounding my neighborhood that I live in and I don't like it, don't care for it, but we are stuck with what is proposed here. I would encourage the City to look into facilities in an industrial area where there is not as much single family residence. If they meet the parking codes and all the other codes I think we should look into this. If HOA are ok with the benches, I think these people are given food, given the opportunity to clean up, and then they need to eat and then put their stuff in a garbage can. If they don't they should not be allowed back. Why keep feeding them if they are going to throw their trash and ruin people's property. If someone is given a helping hand then they need to show some respect;;. Andrew Youngross - On the surface of this proposal, what they are trying to do is very simple. For staff, typically with a Class III site plan, don't we usually have a landscape plan? Jose Aguila - I too was wondering about that, Let's ask the Director of Planning and Zoning if they could elaborate on why we are not requiring a landscape plan. Dana Little - Dir. of Planning and Zoning,-lam going to ask for a little assistant on this. Jasmin Allen - Planner - The landscape was,.not required at this time because the parking lot was not being modified. With that ;said, the item was discussed at CRA meeting, and discussed at a pr.evious meeting CRA, grid that board has stated on the record that they will work with'the City and Caring Kitchen to provide to upgrade the landscaping. At this time the 'property is` owned by the City. Staff is preparing a landscape plan,and it will.be,presented to the CRA with a cost analysis and they will go from there Jose Aguila - So, because this is a City owned property, probably CF, and the application is mostly,for interior renovation, the, LDR do not require the need to improve the landscaping Andrew Youngross;- We get back to the site plan and I hear what the City is saying, something needs to.be done,like tables for dining. Roger Cope - lam looking at the architecture and suggest that they raise the parapet of the addition and try not to tie them together. Gary Eliopoulos - GE Architecture, Inc. - 205 George Bush - I will take your direction but cost is always an issue. Take into consideration if you were renting a building, what would you spend for renovations. Roger Cope - Looking at this project, this is a perfect example of how we should be offering landscaping from properties that are destroyed and relocating the trees. 4 Minutes of the January 28, 2015 SPRAB BOARD Meeting (Caring Kitchen) Alice Finst - This is the first time that I have seen a police report in a staff report and it is about 45 calls a year, I think the benches are a good idea, but I see their point that this would encourage them to sit there all day long. I did go inside and it is very gloomy and dark but painting it inside white is going to fix anything. Maybe look at some creative colors, but to pass along some information that Waste Management has free paint and it could be picked up for this project. I have talked to some locals and hearing the stories, I am surprise that the City has let this gone on for so long. It's affecting the neighborhood and the people inside, Jim Chard - I would like to expand on what Roger was saying, and one thing we have been talking about actively is that there are a lot of trees and plantings that are lost in the development process. I certainly understand what the"attorney was saying as we are not here to judge use or zoning, but I am concern about°the notification process. I know it is hard to talk to all the homeowners, association' and some are inactive. Trying to get community input is hard but I would be Interested to see after notification how much time did they have to respond and communicate with people. Jose Aguila -- I drive by this building at least 4 times a`week and it makes me wonder what is going on and how much 'of a pr.ob.lem child thls.is. I see people coming and going all the time and I am thankful that there are places likethis. But, we are here tonight to support the modification and additions of:bathrooms and, showers which I support, Saying that, it is significant to me that the City owns the property. I think the City needs to lead by example and if this is their prpperty,"they need to'be taking better care of it. And I think that the.Caring Kitchen work very hard for every dime that they get and they should not be putting it into the landscaping;they should be putting it into their program to directly help those that are affected. I think;even though they are tenants they have responsibility'-4: § well. They know that they have an impact on the residence and the community. And what has been,said tonight is not new,you all know that the people that come and eat your food"make a mess and leave a trail from your place to where they go. I would ask you to be more,considerate of your neighbors and the impact that your service has on thetas and find a way,for everyone to work together. Maybe I will give you food, and then you walk 2 blocks and pick up the trash. Maybe they can earn their meal. They are going through:tough times 'but walking a block or two and picking up trash would be an easy thing to ask':for. So please listen to those that have voiced their opinion and concerns, put yourself th In eir shoes and see if you can tackle this problem. Alice Finst - The problem with the bike racks, I think they should put a couple in the front of the building. Jose Aguila - These folks, they need to keep their eye on their stuff and if you put it in the back of the building,they go back to get it and it is gone. In regard to numbers, there is nothing in the LDR that compel how many bike racks there should be except to provide them. Maybe we make a condition of where they will put them. 5 Minutes of the January 28, 2015 SPRAB BOARD Meeting(Caring Kitchen) Also, an offer was made to ask you folks to meet with various representative of the community. I know for instance Joyce Patrick; she could get the group together. This is to make you aware of just how the community feels. Motion was made by Andrew Youngross and seconded by Roger Cope for the approval of the request for a Class III Site Plan Modification for The Caring Kitchen, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(G), and Article 3 of the Land Development Regulations, subject to the following conditions: 1. That four (4) copies of the revised plans are submitted,addressing the conditions of approval and engineering technical items contained in the staff report; 2. That the parking requirement is established at one space per 1,500 square feet of gross floor area, plus one per employee/volunteer on the largest shift, and,that the minimum parking required for the site is 17 spaces. 3. That cut sheet manufacturing details are provided for the new light fixtures and shall be LED and equipped with cutoff`luminaries to prevent spillage onto the adjacent residential uses. 4. That CCTV or camera "security device is provided surrounding the site, or at a minimum one camera installed per direction. 5. That staff works out the location of the bake rack on the site plan. MOTION CARRIED.6-0 Motion was made by Andrew Youngross and seconded by Jim Knight for the approval of the request for Architectural,Elevationsfor The Caring Kitchen, by adopting the findings of fact and law 'contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.18(E) subject to the,'following condition: 1. That the entire buildiig'is re-painted white upon completion of the building addition. 2. That the architect investigates the addition to the existing building by an architectural element at that joint. MOTION CARRIED 6-0 6 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA REQUEST FOR EXTENSION OF MARCH 19, 2013 CITY COMMISSION CONDITIONAL USE APPROVAL TO ALLOW AN INCREASE IN HEIGHT FOR A HOSPITAL WING AT DELRAY MEDICAL CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This request for extension of the March 19, 2013 City Commission conditional use approval to allow an increase in height from 48 feet to 58 feet for a hospital wing at Delray Medical Center has come before the City Commission on March 31, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for an extension of the conditional use approval to allow an increase in height from 48 feet to 58 feet for a hospital wing at Delray Medical Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS: Pursuant to LDR Section 2.4.4(F) , Extensions, extensions may be granted to a project approval listed under Sections 2.4.4(F)(1) and (3) pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension, (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; The applicant submitted the subject extension request on January 8, 2015. The applicant has requested an eighteen (18) month extension, which, if approved, would extend the approval to October 10, 2016. Pursuant to LDR Section 2.4.4(F)(3), Extensions: No Construction, when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(6); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The project has not yet commenced, and therefore the extension request has been reviewed in accordance with the criteria noted above. LDR Section 2.4.4(6) requires that certain findings be made as set forth in Article 3.1 of the LDRs. These required findings with respect to consistency with the Future Land Use Map, Concurrency, Consistency, and Compliance with the LDRs were all applied to the Site Plan Application, and positive findings were made. Those conditions placed upon the original request remain valid and should continue to be applied to the approval. Should the request for extension of the March 19, 2013 conditional use approval be granted for Delray Medical Center until October 10, 2016 pursuant to LDR Sections 2.4.4(F)(1) and (3)? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the request for extension of the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 31 st day of March, 2015, by a vote of in favor of approval and opposed. Cary D. Glickstein, Mayor ATTEST: Chevelle Nubin City Clerk 3 EXHIBIT A REQUEST FOR EXTENSION OF MARCH 19, 2013 CITY COMMISSION CONDITIONAL USE APPROVAL TO ALLOW AN INCREASE IN HEIGHT FOR A HOSPITAL WING AT DELRAY MEDICAL CENTER 1. On site plan, clearly indicate boundary of proposed improvements under this project title. If other improvements will be shown indicate they will be "future improvement, not part of this site plan". 2. On civil plans, include an overall site plan so location of proposed improvements in reference to entire project site can be identified. 3. The Survey, Site Plan, Landscaping Plan and Preliminary Engineering Plan needs to be at the same scale. All plans needs to be drawn on 24" x 36" sheets and at a scale of I" = 10', 1" = 20' or I" = 30' per LDR Section 2.4.3 (B) (1) and (D) (1). However, keep one sheet at a larger scale on both site and civil plans to show entire project area. 4. Provide Engineering Plans with existing and proposed spot elevations showing changes of elevations of not more than 2-feet, throughout the site and at a minimum distance of 10-feet into all adjacent properties per LDR Section 2.4.3 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. Provide elevations at least 10-feet beyond boundaries of project area. 5. Palm Beach County Health Department permits required for this project, this will need to be provided prior to building permit issuance. 6. Provide copy of South Florida Water Management District (SFWMD) permit modification. 7. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. Handicapped parking spaces need to be paved, properly marked, and ramp and curb cuts provided if required. 8. Provide ADA compliant access from the parking space to the building. 9. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view. indicate double striping at parking spaces. 10. Provide signed and sealed drainage report iodicating the proposed system's ability to meet storm water quality and quantity requirements io accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed io accordance with LDR Section 6.1.9 for a mioimum of a 10 yr./24 hr. storm event. The system needs to provide for positive draioage oflots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include draioage calculations confirmiog that there will be no negative post development impacts on adjacent homes, structures or properties. 11. Indicate location of existing 10-inch water maio. 12. Indicate proposed water main will be looped in accordance with LDR Section 5.3.3 (E). Looped water maios are required on or off site io order to iocrease reliability of water flows and pressure. 13. Provide an exclusive 12-foot exclusive sewer easement over sewer maios. Easement deed would need to be taken to City Commission for approval and a copy of the recorded easement deed would be required prior to Buildiog Permit issuance. 14. For the first relocated sanitary sewer manhole, move east of where it is currently proposed to avoid a 90 degree bend (portion closest to Military). 15. Use City's numbering system for relocated sanitary sewer manholes. 16. Provide an exclusive 12-foot exclusive water easement over water maios. Easement deed would need to be taken to City Commission for approval and a copy of the recorded easement deed would be required prior to Buildiog Permit issuance. 17. Indicate location of water meter(s), a 12' water easement will be required to water meter. 18. Provide a separate tap off of water maio for fire suppression, fire hydrant and domestic water. 19. Provide double valves at connection poiots for new mains to existing mains (not at service lioes). 20. Indicate location of first cleanout from sewer service connection. A cleanout will be required on the existing sewer service at a maximum distance of 18-ioches from the right-of-way Hoe and/or easement Hoe per City of Delray Beach Standard Detail WW 4.1. At locations where this cannot be obtaioed, an exclusive 12' wide sewer easement will be required up to the first clean-out. 21. Show and clearly label all easements on Landscape, Engioeeriog and Composite Utility Plans. 22. Provide the followiog note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed withio water, sewer or draioage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 23. Provide note indicating, "No proposed improvements, buildiogs or any kind of construction can be placed on or withio any water, sewer or draioage easements, unless approved by the City of Delray Beach City Engioeer." 24. Provide note indicating, "No proposed structures shall be installed withio a horizontal distance of 10-feet from any existing or proposed water, sewer or draioage facilities, unless approved by the City of Delray Beach City Engineer." 25. Indicate a City approved bus shelter and mass transit easement (as applicable) will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5 and LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. 26. Satisfy all Site Plan Technical Items and submit revised plans. 27. That the photometric plan be revised to comply with the required night illumination level for the garage entrances (10 fc maximum, 1.0 fc minimum) and the required levels for the drive through canopy (30 fc maximum, 3.0 fc minimum) and that all aspects of the photometric plan be re-evaluated for compliance with the City's illumination requirements especially on the roof. 28. That a minimum of two additional techniques are included in the project design that address sustainability issues and consider achieving third-party green building or LEED certification. 29. That the landscape island on the west side of the bed tower addition be redesigned to provide the required minimum 9-foot width requirement. 30. Palms need to be a minimum of sixteen feet (16') in overall height. At a minimum, revise the specifications of the Alexander Palms and Montgomery Palms to meet this requirement. 31. That the new hedge along the southern property line be noted and the species name provided on sheet L1.01. 32. Label the north and south landscape buffers on sheet L1.01, so that it is easily identifiable. Be sure to label Linton Blvd (north buffer) and Country Lake Circle (south buffer) as references. 33. There are at least ten (10) landscape islands within the parking area next to the ficus hedge that are missing shade trees. Sheet L0.02 does not address this deficiency. Please see attached pictures L -DSCN 1866 - 1875 for the tree-less landscape islands. This item needs to be addressed by adding additional shade trees. 34. There are two (2) existing trees growing within the existing ficus hedge. I believe they are a variety of Ficus species. They are growing into the overhead wires and are half dead, posing a significant risk to the patrons of the hospital. These will need to be removed and stump grinded, replaced with new FPL approved trees. See pictures L - DSCN 1864 and 1865. 35. The existing ficus hedge on the north side of the southernmost parking row is missing quite a few hedges, ending well short of the parking row. It appears that several of these hedges died or were removed at some point in time. New ficus hedges will have to be installed here as well so as to complete this hedge and match what was originally there. See picture L -DSCN 1876. 36. That the Ficus hedge be replaced with a new hedge species along the south side of the property, and the buffer be enhanced with additional trees to address the City Commission condition of approval. 37. That the applicant has the site's slopes stabilized, the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 23, 2015 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF MARCH 31,2015 SIDEWALK DEFERRAL/21 GROVE WAY BACKGROUND The subject property, 21 Grove Way, is located east of NW 2nd Avenue and west of North Swinton Avenue. In March 2014, the applicant submitted a building permit for the construction of a single family residence. In April 2014, a building permit (#14-149785) was issued with plans indicating a proposed 5' sidewalk to be installed along 21 Grove Way (approximately 190'). In January 2015, the applicant submitted an application for a sidewalk deferral. At the January 22, 2015 the Development Services Management Group (DSMG) discussed the request for a sidewalk deferral at 21 Grove Way. The DSMG recommended denial of the request for the deferral, recommending that the sidewalk be installed as permitted. The recommendation to install the sidewalk was based on the following criteria: 1) On NW 12 Street, sidewalks exist on both sides of the roadway for 280 feet, as depicted on the sidewalk status map. Additionally, the existing sidewalk on NW 12th Street connects with the sidewalk along North Swinton Ave. 2) Furthermore, a new portion of sidewalk beginning on NW 12th Street has been installed ending on Grove Way(south side of the roadway) ending about 160 feet from 21 Grove Way. 3) On September 9, 2014, the City Commission held a workshop to discuss alternatives to sidewalk deferrals. Upon consideration from City Commission, in-lieu payments were deemed the preferred alternative to sidewalk deferrals. 4) Moreover, a sidewalk deferral was approved by City Commission for the property located at 115 Grove Way on August 2, 2011 (recommend installation of sidewalk on Grove Way). DISCUSSION Consider a request for a sidewalk deferral for the proposed residence located at 21 Grove Way. TIMING OF THE REQUEST The timing of this request is of high importance to keep in schedule with the request for a Certificate of Occupancy(estimated completion date of April 2015) for the residence located at 21 Grove Way. FUNDING SOURCE RECOMMENDATION By motion, deny the request for a sidewalk deferral and require the installation of sidewalk in accordance with the approved permit. prepared By: city of Delray Beach City Attorney's office 200 NW 1"Avenue Delray Beach,Florida 33444 AGREEMENT FOR SINEW ALK; RO�EIVIENTS THIS AGREEMENT entered into this L'l day of �' (hereinafter 201, between the City of Delray Beach (hereinafter the City) and the Owners),for the purpose of waiving the requirement of the installation of a sidewalk along until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS,Land Development Regulation Section 6.1.3(C)requires the installation of a sidewalk, within thew` right-of way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy;and, WHEREAS,the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b);and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requiretent for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. C:lUserslDanielleWppDaialLocaA6ficrosofi lWindowsETemporary Internet Fireslcantent.outlooklSlopyNK3tsidewalk deferral agmt.doc WITNESSETH MOW,THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk,at this time,for the property located at: 6a GILMY � 1 - - G,- �1'�1-tSf'�0• � l. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the +� 0 right-of-way abutting the subject property, within a time period that is acceptable to th City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives,heirs,successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ,20 ATTEST: CITY OF DELRAY BEACH,FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney C.I UsersiDaniell etiAppDaralLocahli lernsofil;Vindaws)Tempor4v Internet FilesiConlent.outlookLsI BFYNfOlsidewalk deferral agmr.doc WITNESSES- OWNER: BY: ease type or print e) (Please type or print name) t7,L�) STATE OF ju COUNTY OF BEFORE ME personally appeared who[is] [are] Ki:s_QNlly*Rown to me or [has] [have]produced fand respectively]as identification,and who executed the foregoing instrument,and acknowledged before me that[he] [she] [they]executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this day.of 6�Zt6� 20/ 45 �6 ignadio My commission expires: Notary Public PATRICIAKINILM MY COMMISSION#FF 051174 EXPIRES:October 30,2017 Banded Thru Notary Public UdeRyrdes (sew) agilsidewalk deferral agreement C.-I Usen0anieileL4ppDafaV-ocaiW!erosofiI ffindowsGempordy Internet FilestContent.OutlocklSl BF YNIOssidewalk deferral agmt.doc M J a- NORTH wy { GROVE DEFERRAL - Il_11�0 t■ Milo1 iii • • � � � � 1111 �� :� ■ ■ i .t■■t\ son t t mollim son I M loss i�� .0 ii ■t■��■ 1 VGIN IA `HOVJR AV2H3Q 8/ o ANA 3A02T0 TZ:: scKVCansnl03 TVINEA N10HIAnIa tl�aSdHAKIDNIA N ��yy ��ii��qq//ppqq ��yy��pp ��ii ppl�yy -jq...a �\1 of/ev/c 0 .1JKA(IIS.IQ OJNVIQ u6 seOO�nu3 :110d NIV'Id 30VNIVH(l 18 0N[IAVd ryanyuow�z.,s � _ OF, _ _ s g�:, -- � �0" �3 3 U 3� s 2°0 zp0 � a�z x 23y0 185.00' 3 2= —_35➢d _ EASEMENT UTILITY --_ --------- --_ _—_______ ------t '------__________________ _ w /lA1J ❑ 39 ! P'. 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This request for relief from sidewalk construction requirements came before the City Commission on March 31, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the request for relief from the sidewalk construction requirements for 21 Grove Way. All of the evidence is a part of the record in this case. I. RELIEF Pursuant to LDR Section 6.1.3(C), sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. In situations where it is inappropriate to install a sidewalk concurrent with development, the applicant may obtain relief from sidewalk construction requirements. Should the relief from the sidewalk construction requirements of 6.1.3(C) for 21 Grove Way be granted? Yes No If relief is not granted, no further action is required by the City Commission and the applicant is hereby required to construct a sidewalk in conformity with the requirements of the L.D.R. 6.1.3(C). If the City Commission grants relief to the sidewalk construction requirements, relief may be granted by only one of the following forms. a) Sidewalk deferral Pursuant to LDR 6.1.3(C)(4), installation of the sidewalk within a residential subdivision may be deferred pursuant to an agreement which provides for the installation of the sidewalk at a given time. Should a sidewalk deferral be granted? Yes No b) Waiver Pursuant to LDR 6.1.3(D)(1)(b), where it is clear that the installation of the sidewalk system will not serve its intended purpose, a waiver to the sidewalk requirements may be granted. Should a complete waiver to the sidewalk requirements be granted? Yes No Should a partial wavier to the sidewalk requirements be granted? Yes No c) Payment in lieu of installation Pursuant to LDR Section 6.1.3(D)(3), in situations were it is inappropriate to install a sidewalk concurrent with development, the sidewalk requirements may be met by payment of funds in lieu of installation. A fee of $7600.00 may be paid in lieu of installing 190 linear feet of sidewalk in the right of way adjacent to 21 Grove Way. The fee shall be due upon issuance of a building permit Should an in-lieu sidewalk installation fee of $7600.00 for 21 Grove Way be charged to the applicant? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the request for relief from the sidewalk construction requirements for 21 Grove Way and hereby adopts this Order this 31St day of March, 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 3 r MEMORANDUM r TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 25,2015 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF MARCH 31,2015 SERVICE AUTHORIZATION NO.12-16/MATHEWS CONSULTING INC./TROPIC PALMS WATER MAIN-PHASE 2 BACKGROUND Request consideration for approval of Service Authorization (SA) No. 12-16 with Mathews Consulting Inc. in the amount of $89,925.00 for professional design services related to the Tropic Palms WM Project, P/N 15-022. The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other smaller projects that arise during the course of the fiscal year. Mathews Consulting, Inc. is retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement, with Mathews Consulting Inc., was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. The recommendation for award is in compliance with Code of Ordinances, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property", Section 36.02 "Methods of Acquisition" (C) "Direct Acquisition Method" (3) "Professional Services". Fiscal year expenditures with Mathews Consulting, Inc. will exceed$25,000. This amount of spending requires Commission approval under Code Section 36.03(B), "Multiple acquisitions from Vendor Exceeding$25,000 in Any Fiscal Year". Copies of the Service Authorization and project Location Map are attached for review. DISCUSSION Consider approval of a Service Authorization No. 12-16 with Mathews Consulting Inc. in the amount of $89,925.00 for professional design services (RFQ #2012-06) related to the Tropic Palms WM Project, P/N 15-022. This Service Authorization includes design,permitting and bidding services. FUNDING SOURCE Funding is available from account#442-5178-536-68.97 (after budget transfer). RECOMMENDATION By motion,approve Service Authorization No. 12-16 with Mathews Consulting Inc. in the amount of $89,925.00. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12-16 FOR CONSULTING SERVICES CITY P.O.NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Tropic Palms WM(Phase II) This Service Authorization,when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Services I. PROJECT DESCRIPTION The Scope of this Service Authorization includes, but is not limited to, providing engineering design,permitting, surveying, geotechnical investigations,utility locates(e.g. soft digs) and bidding services for the Tropic Palms Water Main Replacement - project limits are shown in Exhibit 1. Project components consist of: • Water Main replacement(approximately 5,150 LF of 6"WM) along the following roads: - Cardinal Drive(from Avocet Road to Blue Jay Road); approximately 950 ft. Blue Jay Drive & Blue Jay Turn (from Carl Bolter Drive to Lindell Boulevard); approximately 1,150 ft. - Heron Drive(from Curlew Road to Albatross Road); approximately 2,200 ft. Mallard Drive (from Dotterel Road to Jaeger Drive); approximately 850 ft. • Connections will be made to the existing water mains in the project area. • Approximately seven(7) fire hydrants will be installed. • Approximately one-hundred (100) new water services and meter boxes will be installed. Any meter boxes located in the sidewalks or driveways will be re- located to the grass area. • The new water mains will be located in the pavement section. • The water main services will be moled and will not be installed by open-cut. • Roadway restoration will consist of pavement trench repair and 1-inch mill & f- inch overlay. • The existing 2" steel water mains and 4-inch cast iron water mains in the project area will be removed if located in the grass area or if located within 3-ft. of the new water main pavement trench. The existing water mains will be abandoned in Tropic Palms WM-Contractl 1126114 1 place if located in the roadway and more than 3-ft. from the new water main pavement trench. • New swales will be located on both sides of the roadway. • Driveways will not be replaced unless a water meter box needs to be relocated out of the driveway. • Asphalt parking areas in the grass areas will be removed and replaced with a Swale. • All houses will only have one existing driveway. If two driveways exist, one will be removed and replaced with a Swale. II. SCOPE OF SERVICES Phase I--Study and Report Phase Not Applicable. Phase If—Preliminary Design Phase Not Applicable. Phase III--Final Design Phase Consultant shall provide final design phase services in accordance with Article III.0 of the Agreement for Engineering Services with the City, dated January 24,2012. 1. Field Investigation.: Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. 2. Utility Coordination: Coordination with utility agencies (electric, phone, gas, and cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" =20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2012 format and available As-Built Drawings. Consultant shall coordinate with the City in order to design the proposed water mains in accordance with the requirements and design standards of the City. Drawings (two copies) shall be submitted for City review at 50% (plan view only), 75%(plan/profile) and 100%Stages lap/ rofile . 4. Specifications: Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Tropic Palms WM-Contract I 1125114 2 Standards and the EDOT Standard Specifications for road and bridge work. Specifications two copies shall be submitted for City..review at the 50% 75% and 100% stapes. 5. Cost Estimate: At the 50%, 75% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Opinion of probable construction cost (two copies) shall be submitted for City review at the 50% 75% and 100% stages. 6. Meetings: Consultant shall attend kick-off meeting and three (3) design meetings with the City and provide written summary of the issues discussed. 7. QA/QC: Consultant shall provide internal QA/QC reviews on the 50%, 75% and 100°/%Design Documents (e.g. drawings, specifications and cost estimates). Phase IV—Bidding/Negotiation Phase Consultant shall provide bidding phase services in accordance with Article 111.1) of the Agreement for Engineering Services with the City, dated January 24,2012. 1. Bid Advertisement: Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor), It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide up to 4 sets of bidding documents to the City to issue bid package (if required). The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Demand Star Bid Submittal: Consultant shall furnish the bidding information to the City in electronic format to be used in conjunction with"Demand Star". 3. Pre-Bid Conference: Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 4. Bid Clarification: Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate,to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 5. Contract Award: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 6. Final Deliverable: After Contract Award, Consultant shall furnish the As-Bid design drawings, one (1) set of AutoCAD (Version 2013) files and one (1) set of pdf files in Tropic Palms WM-Contract 11/26/14 3 electronic format on CD. Consultant shall also provide one hard copy only of the Contract Documents(i.e. front-ends and technical specifications). Phase V—Construction.Administration Phase Upon completion of the final design phase, the Consultant shall submit Amendment No. I to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III.E of the Agreement with the City. Other—Permittin At the outset of the Design Phase, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: (1) Palm Beach County Health Department (PBCHD). Permit applications shall be completed as required for PBCHD. Associated permit application fees shall be determined by Consultant and paid by City. • PBCHD Water Main Construction Permit In addition to preparing the permit applications for the appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: • Attend up to one(1)pre-application meeting with the staff of each of the regulatory agencies. • Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. • Respond to request(s)for additional information from each regulatory agency. Other—Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: • Perform up to five (5) standard penetration test (SPT) borings to an average depth of ten (10) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other—Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. The control will be referenced from the Palm Beach CggpV Control Network which is the North American Datum of 1983 and the 1990 adjustment for horizontal control and Tropic halms WM-Contractl 1126/14 4 the National Geodetic Vertical Datum of 1929 for vertical control. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the project limits, including physical objects,roadway pavement,railway tracks, canals,driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV,Natural Gas,Potable Water(pipe diameter,TOP,valves,fire hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. C. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. • The above topographical survey data will be prepared in AutoCAD (Version 2012) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other—Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities Tropic Paims WM-Contractl 1/26/14 5 within the project limits. It is anticipated that approximately thirty-three (33) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. t. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be rovided to Consultant within 5 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers & laterals, force mains, reclaimed water mains and drainage in the field for the Surveyor in a timely manner. 3. City will be responsible for acquisition of easements (including temporary),if required. 4. City is responsible for all permitting fees, including costs of public notification in local newspapers. 5. The Contract Documents will be prepared as a single contract. No pre-purchase of materials and/or equipment is presumed. 6. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. 7. City will be responsible for preparation of any descriptions, sketches and acquisition of easements (including temporary construction easements) that may be required. Consultant will identify the location and dimensions of any easements or temporary construction easements required for use of the City to prepare the easement descriptions and deeds. 8. Contractor shall be responsible for obtaining SFWMD Dewatering Permit(if required). 9. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 10. Consultant assumes that there are no contaminated soils or groundwater in the project area. Tropic Palms WM-Contractl 1/26/14 6 ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions,and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Refer to Attachment for budget summary. Engineering Services Time per Phase Cumulative Time Survey 4 weeks 4 weeks Final Design 16 weeks 20 weeks Geotechnicaltt 1 Field Verification(]) Permitting(2) 4 weeks 20 weeks Bidding 12 weeks 32 weeks ttlGeotechnical Surveying, and Field Verification will be completed during Final Design Phase. MPermitting duration will have overlap with Final Design Phase. * The schedule is based upon conducting a review meeting within 7 calendar days after the City receives the design submittal. All review comments shall be provided to Consultant within 7 calendar days after the City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive, Tropic Palms WM-Contract 11/26/14 7 VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. Engineering Services Estimated Fees Phase III—Final Design Phase $ 35,412.00 Phase IV—Bidding Phase $ 5,002.00 Permitting $ 1,460.00 Surveying $ 29,766.00 Geotechnical $ 4,652.00 Field Verification $ 12,603.00 Out-of-Pocket Expenses $ 1,000.00(1) Additional Services $ 15,000:00 TOTAL PROJECT COST $89,925.00(2) Notes: (I)Out--of-Pocket Expenses include the following.'printing/reproduction and postage. (2)Total project cost does not include the$15,000 for Additional Services(rf authorized by the City), Tropic Palms WM-Contractl1/26/14 8 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING,INC. Date: Date: Cary D. Glickstein,Mayor David Mathews, P.E.,Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this_day of , 2015 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida .Driver's License and (did/did not)take an oath. Signature of person taking acknowledgement Tropic Palms WM-Contractl 1126114 9 A SEE SHEET: 26 as r ► iT y' ��asi) - s a i 1 L A•K E 7gxi �7 �JEL r 4 291 s 9 aae f - 7gacr !a !�`hl A5'ir: 2'2 77 27D 2G9 268 2u 2fi6 26.,alai 253 262 738 t39 � - � 6k ..: r t37 1aR � 93s q 29t: .31 _: z3F {�. 9�F - I<"„ - - �* ,�i{ °--•"„"• '- �` s � 77 -- ��_i4&� �: 372 � 24 19 �` � _ �•F �:' �j 4 � bd$40h 253 �� v des]skM+ +_° :t •� 95 12 . .t.. - �•. I c.-.f � X41 .� 5�573 } .1� � 99 �, 127 }9t iyt- .z52 � F '. 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C, z J I CD -ANE AQti j S N U N O O_ Q TROPIC PALMS WM PI-12 DATE:02/27/2015 CITY of DELRAY BEACH TROPIC PALMS WM PH2 ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP j ©b' 4%SOUTH MKrCN AMMJF,IDS-RAY BEACH,FLOMA 33444 2015-022 1 of 1 vi i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 27, 2015 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF MARCH 31,2015 SERVICE AUTHORIZATION NO. 12-06/WANTMAN GROUP INC./N.E.2ND AVENUE/PHASE 2-SEACREST BEAUTIFICATION PROJECT BACKGROUND Request consideration for approval of Service Authorization (SA) #12-06 with Wantman Group, Inc. for the design of NE 2 Ave/Seacrest Phase 11 Project#14-071. The cost of this Service Authorization is $106,607.88. The City utilized engineering consultants retained via RFQ #2012-06 for our Capital Improvement Program as well as for other smaller projects that arise during the course of the fiscal year. Wantman Group, Inc. is retained by the City via RFQ #2012-06 (City Project #12-057). The original agreement, with Wantman Group Inc., was executed on January 24, 2012. Amendment No. 2 was executed in January 2015 extending the agreement through January 2016. On April 23, 2014 the City of Delray Beach received federal funding through the Transportation Enhancement Program. The funding is providing $250,550 in Transportation Enhancement funds with the City of Delray Beach providing $452,700.00 in local funds for Construction. NE 2 Ave/Seacrest Beautification Project is a Florida Department of Transportation (FDOT) Transportation Enhancement Project - Local Agency Program (LAP) for: Historic Del-Ida Park Beautification project, from George Bush Boulevard to NW 13th Street. This service authorization is for the engineering design, surveying, geotechnical, landscaping, permitting, cultural resources assessment and environmental assessment for the above referenced FDOT LAP project which includes the following components: - Dedicated Bike Lanes - Sidewalks - Landscaping - Irrigation - Brick paver Crosswalks Attachments include: - Service Authorization - Location Map DISCUSSION Consider approval of a Service Authorization (SA) #12-06 with Wantman Group, Inc. for the design of NE 2 Ave/Seacrest PH2, Project#14-071. The cost of this Service Authorization is $106,607.88. FUNDING SOURCE Funding is available from account# 334-3162-541-68.78 (after budget transfer) RECOMMENDATION By motion, approve Service Authorization (SA) #12-06 with Wantman Group, Inc. for the design of NE 2 Ave/Seacrest PH2, Project#14-071. The cost of this Service Authorization is $106,607.88. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. TITLE: NE 2 Avenue Beautification Project, Phase 2 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of, the contract executed January 24, 2012 . In addition, the services will be performed per the Local Agency Program (LAP) Agreement (FM No. 435080-0-58-01) between the City of Delray Beach (City) and the Florida Department of Transportation (FDOT) and be prepared per the FDOT Design Standards and Guidelines and contractual requirements for LAP Projects. Title: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION Florida Department of Transportation (FDOT) Transportation Enhancement Project - LAP for: NE 2nd Avenue from Ne 8th Street/George Bush Boulevard to NE 13th Street. Engineering Design, Surveying, Geotechnical, Cultural Resources Assessment and Environmental Assessment for the above referenced FDOT LAP project which includes the following components: A. Reduction in Travel Lane Width: The present width of each travel lane is twelve (121 ) ; the City seeks to reduce each lane to ten feet (101 ) . The reduction will not only assist in the provision of bicycle facilities, but will encourage motorists to maintain the posted speed limit as they travel through a residential area and into a thriving downtown. B. Sidewalks (5' wide concrete) : Sidewalks will be removed and replaced as needed and where no sidewalks currently exist sidewalks will be constructed. C. Dedicated Bike Lanes: A four foot (41 ) wide dedicated bike lane will be provided on each side of NE Second Avenue and contain appropriate markings, complemented by sufficient - 1 - signage to create awareness for both motorists and pedestrians. The bike lane will be constructed with a green pavement surface coating to designate the bike lane per the FDOT LAP Agreement. D. Crosswalks: Brick paver crosswalks will be provided at all north/south intersections within the project area, while an east/west crosswalk will be provided at George Bush Blvd only. E. Local Agency Program (LAP) Administration: Assist the City in the preparation of documents, reporting and coordination to meet the obligations and responsibilities of the LAP Agreement. F. LAP Environmental Review: Prepare a report based on the Class of Action for this project being a Programmatic Categorical Exclusion (PCE) per the Federal Highway Administration (FHWA, Federal Transit Authority (FTA) , and the Florida Department of Transportation (FDOT Agency Operating Agreement. II . SCOPE OF SERVICES Phase I- Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable. Phase III - Final Design Phase WGI shall provide final design services in accordance with Article III.0 of the Agreement for Engineering Services with the City, dated January 24, 2012 . A. Construction Plans and Specifications - WGI shall prepare construction plans, technical specifications, cost estimates, surveys, and utility locating services conforming to the requirements of the current Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Green Book) as applicable. Plans, -2- Specifications, Surveys and Estimates will be submitted for FDOT review per the FDOT Design Phase Schedule: Design Phase I, Design Phase II, Design Phase III and Design Phase IV. Phase IV - Bidding/Negotiation Phase WGI shall provide final bidding phase services in accordance with Section III "Duties of the Consultant" (Subsection D 1-5) of the Agreement for Engineering Services with the City, dated January 24th 2012 . A. WGI shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor) . WGI will also assist in the coordination of bid documents as required by the FDOT for Federally Funded LAP projects. It is anticipated that work shall be awarded under a single construction contract. WGI shall provide five (5) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. B. WGI shall attend one mandatory pre-bid conference and provide a written summary of issues discussed via addendum. C. WGI shall issue addenda and shall provide supplemental information or clarification as appropriate to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. D. WGI shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. WGI shall submit to City a written recommendation concerning contract award. E. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". Phase V - Construction Administration Not Applicable -3 - Other - Permitting Permits form Palm Beach County Traffic Division will be secured for the permitting of the relocation of the traffic loops and Intersection striping. This proposal does not include the design or re-design of the existing traffic signal poles, span wires, up-grades or lights or any other traffic signal appurtances. In addition, WGI will submit for a NPDES permit for the proposed improvements. Other - Right-of-Way Route Survey The survey will be perform per the City of Delray Beach' s survey standards and will include: A. Platted rights-of-way (include bearing and distances for centerlines) , lot numbers, block numbers, House Numbers (if available) and dedicated easements. B. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way as well as the front two corners of the building on each lot. C. All underground utilities. Inverts on sanitary and storm sewers shall be indicated, as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor' s responsibility. Coordination with City of Delray Beach' s Water and Sewer network at (561) 243-7312 for underground utilities locates shall be the surveyor' s responsibility. Do not use City of Delray Beach atlas for locations. D. All topographical surveys shall have stationing established from south to north and west to east where applicable. E. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. F. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. G. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. H. The survey stationing shall not repeat, i.e. use 200+00 for SE 2nd Ave, 300+00 for SE 3rd Ave, 800+00 for SE 8th Street etc. -4- I. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Other - Subsurface Utility Engineering (SUE) Location Services Not Applicable Other - Geotechnical Services: WGI will provide 6 borings to 5 ft. deep and 6 Auger Borings, including maintenance of traffic, utility/access coordination, layout and evaluation of information obtained from the cores. The evaluation will provide recommendation for the milling and resurfacing of the existing roadway asphalt pavement surface. Other - Cultural Resources Assessment: WGI will provide a Cultural Resource Assessment to meet FDOT guidelines and will comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966 (Public Law 89-655, as amended) , as implemented by 36 CFR 800 (Protection of Historic Properties) , Chapter 267 F.S. , and the minimum field methods, data analysis, and reporting standards embodied in the Florida Division of Historic Resources (FDHR) Historic Compliance Review Program (November 1990, final draft version) . In addition, the study will be undertaken based on the FDOT PD&E Manual's requirements and Chapter 1A-46 (Archaeological and Historical Report Standards and Guidelines) , Florida Administrative Code. (See attached scope of services outline from Janus Research) . The Principal Investigator will meet the Secretary of the Interior' s Professional Qualification Standards (48 FR 44716) . Other - LAP Environmental Review Report WGI will prepare a report based on the Class of Action for this project being a Programmatic Categorical Exclusion (PCE) per the Federal Highway Administration (FHWA, Federal Transit Authority (FTA) , and the Florida Department of Transportation (FDOT Agency Operating Agreement. -5 - III. COMPENSATION The compensation for services provided shall be billed on an hourly basis, plus reimbursable expenses for each phase of work, in accordance with Article VII, Method II, up to the following not-to-exceed cost for each phase. Engineering Services Estimated Fees Phase I - Study and Report Phase (Not Applicable) --- Phase II - Preliminary Design Phase (Not Applicable) --- Phase III - Final Design Phase $51,551 .24 Phase IV - Bidding/Negotiating Phase (CITY/FDOT) $7, 856.36 Phase V - Construction Administration Phase N/A Other Services - Permitting (PBC Traffic Division) $2, 724. 80 Other Services - LAP Environmental Review $ 8, 773.70 Other Services - Surveying $15, 100 .00 Other Services - Subsurface Utility Engineering N/A Other Services - Geotechnical Services plus WGI Sub-Consultant Admin. Fee (100) $5, 005. 00 Other Services - Cultural Resources Assessment Services Plus WGI Sub-consultant Admin. Fee (10o) $14, 096.78 Reimbursables - $1,500 .00 Total Compensation $106, 607 .88 IV. COMPLETION DATE See attached schedule. Once we have met with the FDOT to determine their schedule of deliverables and milestones, we may need to revise this schedule according in the future as established by the LAP Agreement between the City and FDOT ("Encumbrance" Phase) . This estimate is based on our experience with other LAP projects WGI has performed in the past. -6- This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. WGI shall commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: WGI: Wantman Group, Inc. Date Date by: Cary D. Glickstein (Seal) Mayor Witness Witness Attest: BEFORE ME, the foregoing instrument, this day of , 2015, was acknowledged by Approved as to Legal on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State a foresaid this day of 2015. Notary Public State of Florida My Commission Expires -7- W LL O N M of m V O(O O O O of of O W O CO O M r N M n V O (O I�V of of of O V LL� O O r r LL� O N LL� r V O O V of O O r O O ldlol M N (O of M LL�N in m Q U N IsiluoPs O O N v ro m le;uawuoJlnu3 o w V t m m m o r o rn o rn N u� co u� m iJaaul6u3 °gym N �m�m �mmm �mvm cOV °� °mv� (ONN O 'w O m o 0 0 0 ro Q C r r r N Jaaul6u3 ;oafoid joluag v a t o 0 0 0 0 0 0 0 U O V (O O (O O (O N W O N V V N of of V of(O N r V W V V N N M LL laafoJd Joluag v v M N v c <» <» <» <» <» <» <» <» <» V O O O O m O Jaaul6u3 0 0 0 0 a ledlau!Jd 4 `o m m y a N ti IQ- IQ- IQ- IQ- ti Z ? 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GEORGE BUSH BOULEVARD E! i G� co QP Q c 0 NE 2ND AVE/SEACREST PH2 DATE:02/27/2015 CITY of DELRAY BEACH T �M AVE�CU M2 �6 ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP 5�-1 4%SOUTH SM11TON AVENUE,DELRAY BEACH,FLORDA 3CR444 2014-071 61 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: March 16, 2015 SUBJECT: AGENDA ITEM 9.F.-REGULAR COMMISSION MEETING OF MARCH 31,2015 AMENDMENT NO. 1 TO LOAN PURCHASE AGREEMENT WITH IBERIABANK/AUBURN TRACE APARTMENTS BACKGROUND In January, the City Commission approved a loan purchase agreement with Iberiabank to acquire its first mortgage for the Auburn Trace Apartments. The City subsequently requested that Iberiabank consider a further reduction to the purchase price of the Mortgage Note. Iberiabank has now agreed to reduce the price to an amount equal to the principal amount of the loan and not include any outstanding accrued interest, costs or fees incurred by the bank. This results in a further reduction of the City's purchase price by $64,000 (from $4,285,526.20 to $4,221,526.20). In addition, Iberiabank has agreed to pay the transactional costs of the loan closing. The savings to the City is almost $500,000 less than the amount Iberiabank is legally entitled to claim in the pending foreclosure/bankruptcy actions which would normally include a claim for accrued interest, costs, and legal fees. Iberiabank is required to obtain FDIC approval for the sale of this asset below market value. In addition to reducing the purchase price of the Mortgage Note, the purpose of this amendment is to also extend the time period for Iberiabank to obtain FDIC approval of this transaction at the reduced price until May 15, 2015 and to extend the closing date on the loan purchase from March 30, 2015 until May 29, 2015. Typically, FDIC approval takes approximately 30 days. FINANCIAL DEPARTMENT REVIEW The Finance department concurs with the City Attorneys recommendation. DISCUSSION This amendment provides for a further price reduction to the City's purchase price of the Note and extends the closing date until May 29, 2015. TIMING OF THE REQUEST This item is time sensitive. RECOMMENDATION The City Attorney recommends approval. FIRST AMENDMENT TO LOAN PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO LOAN PURCHASE AND SALE AGREEMENT ("Amendment") is made and entered into as of this day of March, 2015, by and between IBERIABANK (the "Seller"), and THE CITY OF DELRAY BEACH, a Florida municipal corporation (the "Purchaser"); RECITALS: A. Seller and Purchaser previously executed that certain Loan Purchase and Sale Agreement with an effective date of February 2, 2015 (the "Agreement") regarding the sale by Seller to Purchaser of the Loan, as more particularly described in the Agreement. B. Purchaser has completed its due diligence review of the Loan and has requested a reduction of the Purchase Price from $4,285,526.20 to $4,221,526.20, which modification will necessitate an additional period of time for Seller to seek the FDIC's approval of the transaction contemplated by the Agreement, as well as the requested reduction to the Purchase Price. C. Seller and Purchaser desire to amend the Agreement as hereinafter described. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby covenant and agree as follows: 1. The above recitals are true and correct and incorporated by reference herein. All capitalized terms used herein shall have the meaning ascribed to them in the Agreement unless the context clearly indicates otherwise. 2. Purchaser acknowledges and agrees that it has completed its due diligence review of the Loan, such that the Due Diligence Period has now ended. 3. Section 3.1 is hereby amended to provide that the parties have elected to provide an additional period ending no later than May 15, 2015 for the FDIC to provide its approval, it being acknowledged by the parties that as of the date hereof, no FDIC approval is currently in place. 4. Section 3.1 and the definition of the "Closing Date" on Exhibit B are hereby amended to delete "Monday, March 30, 2015" as the outside date for Closing and to substitute"Friday, May 29, 2015" in lieu thereof. 5. Section 3.6 is hereby amended to provide that the Seller will pay the various transaction costs associated with the sale of the Loan contemplated by this Agreement (but not other costs as may be specifically allocated to either the Seller or Purchaser elsewhere in the Agreement) and in furtherance of the foregoing, will record or file, as the case may be, at Seller's own expense, the assignment of the Mortgage and the UCC Financing Statements within ten(10) days following Closing. JAX11951545 1 6. The definition of "Purchase Price" on Exhibit B is hereby amended to delete"$4,285,526.20" and to substitute "$4,221,526.20" in lieu thereof. 7. Except as hereby specifically amended, the Agreement remains unchanged, is in full force and effect and may not be further amended, changed or terminated other than by an agreement in writing signed by Seller and Purchaser. 8. This Amendment is governed by the laws of the State of Florida and the parties acknowledge they have read and understand the content herein. 9. This Amendment may be executed in any number of counterparts, each of which shall be an original and all of which will constitute one and the same Agreement. An executed facsimile copy or e-mail delivery of a ".pdf' format data file shall be a satisfactory form of execution and acceptance of this Amendment. IN WITNESS WHEREOF, each of the parties have hereunto set their hands and affixed their seals the day and year written above. SELLER: IBERIABANK By: Name: Its: PURCHASER: THE CITY OF DELRAY BEACH, a Florida municipal corporation By: _ Name: Its: Approved as to form and legal sufficiency: By: Name: Its: City Attorney 1AXU951545_E -2- • MEMORANDUM r TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 9.G.-REGULAR COMMISSION MEETING OF MARCH 31,2015 APPROVAL OF FY 2014/15 SPENDING IN EXCESS OF$25,000 FOR ALLEN,NORTON& BLUE FOR FEES FOR SPECIAL LABOR COUNSEL BACKGROUND Allen, Norton & Blue currently serves as special labor counsel to the City. In addition to providing general labor counsel services as required from time to time, the firm recently served as special counsel in connection with the negotiation of the Collective Bargaining Agreement with the PBA for the Police Department officers and sergeants. The firm is also currently providing services for the ongoing negotiations with the Police Lieutenants and the IAFF on behalf of the firefighters. As a result of these assignments, legal fees for the current fiscal year will exceed$25,000. Fees incurred to date for FY 2014/15 are approximately $30,000. Spending in excess of $25,000 requires prior Commission approval under Section 36.03 (B) of the City's procurement code. Authorization is requested for the FY 2014/15 budget for special labor counsel not to exceed $100,000. Although legal services are not expected to reach the maximum amount, the exact amount of future legal services is uncertain, depending on the outcome of labor negotiations and other pending matters. For continuity, and based on the firms historic knowledge, the City Attorney is recommending this firm handle this cycle of union negotiations to conclusion. After agreements have been finalized with all unions, the City Attorney is considering issuing a RFP for labor counsel in order to evaluate the marketplace of available labor firms providing these services. DISCUSSION The item before you is to approve spending in excess of$25,000 not to exceed $100,000 for special counsel labor services to Allen, Norton & Blue for fiscal year 2014/15 as required by Section 36.03(B) of the procurement code. TIMING OF THE REQUEST This item is time sensitive in order to provide adequate funding for payment of fees. RECOMMENDATION The City Attorney recommends approval. i MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH: Donald B. Cooper, City Manager DATE: March 13, 2015 SUBJECT: AGENDA ITEM 9.H.-REGULAR COMMISSION MEETING OF MARCH 31,2015 AMENDMENT TO TRIPARTY INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE AND CHAMBER RELOCATION BACKGROUND The purpose of the attached amendment is to provide documentation supporting an amended payment schedule, related to the original agreement, whereas the CRA includes an additional $1.0 million payment for FY2015. Both the City and the CRA have already reflected this additional $1.0 million in their 2015 Budgets. The additional $ 1.0 million payment is shown in "Year 2" on Exhibit C to the attached Amendment. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. TIMING OF THE REQUEST This amendment will support the actual transfer of funds already agreed by the parties, and approved by the Commission in the City's FY 2015 budget. RECOMMENDATION Consider approval of the attached First Amendment to the original Triparty Interlocal Agreement between the City of Delray Beach, the Delray Beach Community Redevelopment Agency and the Greater Delray Beach Chamber of Commerce for the Release of Right and Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation. AMENDMENT TO TRIPARTY INTERLOCAL AGREEMENT FOR THE RELEASE OF RIGHT OF REVERTER ENCUMBERING REAL PROPERTY RELATIVE TO THE OLD LIBRARY SITE AND CHAMBER RELOCATION This Amendment to the Triparty Interlocal Agreement for the Release of Right of Reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation ("Amendment") dated this day of , 2015, by and between the City of Delray Beach, a Florida municipal corporation, (the "City"), the Delray Beach Community Redevelopment Agency, a body corporate and politic, created pursuant to Chapter 163, Florida Statutes, (the "CRA"), and the Greater Delray Beach Chamber of Commerce, Inc., a Florida non-profit corporation (the "Chamber"). WITNESSETH : WHEREAS, the City, the CRA, and the Chamber entered into the Triparty Interlocal Agreement for the Release of Right of reverter Encumbering Real Property Relative to the Old Library Site and Chamber Relocation on March 8, 2013 (the "Original Agreement"); and WHEREAS, the Original Agreement was recorded on July 3, 2013 in Official Record Book 26155, Page 1377 of the Public Records of Palm Beach County, Florida; and WHEREAS, the City, the CRA, and the Chamber desire to amend the payment schedule for payments to be made by the CRA to the City; and WHEREAS, the City, the CRA, and the Chamber desire to enter into this First Amendment to the Original Agreement to provide for the amended payment schedule which is attached hereto to this First Amendment, and is referenced as Exhibit "C" to the Original Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties hereby agree as follows: {D©052598.1655-9503851 I. The recitations set forth above are hereby incorporated herein. 2. That Paragraph 2 of the Original Agreement is hereby amended in its entirety to read as follows: 2. RELEASE OF REVERTER. At the time, the CITY previously conveyed the City Parcels, as identified in Exhibit "A", to the CRA, the conveyance was subject to a Reverter in favor of the CITY. A copy of the Special Warranty Deed dated October 9, 2008 and recorded on October 21, 2008 in Official Records Book 22916 at Page 0055 of the Public Records of Palm Beach County, Florida is attached hereto. The CITY does in accordance with the terms of this Agreement agrees to frilly and unconditionally release the Reverter as contained in the aforesaid Special Warranty Deed and allow the CHAMBER to relocate to the Relocation Premises in consideration of the payment by the CRA to the CITY of the sum of(1) One Million Seven Hundred Three Thousand Sixty and no/100 dollars ($1,703,060.00), which is the appraised value of the City Parcels (which the CRA has obtained by averaging an appraisal conducted by Integra Realty at $40.00/sq. ft. and an appraisal conducted by Anderson & Carr at $45.00/sq. ft., for 40,072.00 square feet), and (2) Five Hundred Sixty Seven Thousand Eight Hundred Ten and no/100 dollars ($567,810.00), the amount OLD had agreed to pay to the CITY if CRA/OLD purchase had closed, for a total payment to the City of Two Million Two Hundred Seventy Thousand Eight Hundred Seventy and no/100 dollars ($2,270,870.00), hereinafter referred to the "Release Price". The Release Price shall bear interest at the annual rate of three percent (3.0%) on the unpaid principal balance and shall be paid , pursuant to the payment schedule which is attached hereto as Exhibit "C". The CRA shall have a grace period of fifteen (15) days to make the annual payment when due. Payments apply first to accrued interest then to principal. CRA waives demand, protest and presentment. There shall be no prepayment penalty, however, if at any time prior to the payment in full of the Release Price, the CRA sells, transfers, leases, conveys, or otherwise disposes of all or a portion of the City Parcels to any third party (collectively a "disposition"), the CITY shall be entitled to a repayment of principal, in addition to the annual installments, in the amount of fifty percent (50%) of the net proceeds the CRA receives, from time to time and at any time, from said disposition, and said amount shall be paid to the CITY within thirty (30) days after the CRA receives the cash. Notwithstanding the obligation of the CRA to pay to the City 50% of the net proceeds to the City in the event the City Parcels are sold, in no event shall the CRA be obligated to pay the City any monies above and beyond the total sum due of two million two hundred seventy thousand eight hundred seventy ($2,270,870.00) dollars. The annual payments of principal and interest and the payments required when there is a CRA disposition are hereinafter {00052598.1 655-95038511 collectively referred to as "Release Price Payments". In the event of a default by CRA of its obligation to timely pay any Release Price Payments, time being of the essence, the CITY shall be entitled to exercise any remedy as provided by law or in equity. The City shall simultaneously with the execution of this Interlocal Agreement execute and deliver a document entitled "Release of Reverter Interest", a copy of the Release is attached hereto as Exhibit 3. All other terms and conditions of the Original Agreement not in conflict with this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, CMC, City Clerk Cary Glickstein, Mayor Approved as to Form: City Attorney ATTEST: DELRAY BEACH COMMUNITY REDE LOPMENT NCY By: '4 Jeff N141 111 Secretary Herman Stevens, Chair ATTEST: GREATER DELRAY BEACH CHAMBER OF COMMERCE, INC. By: —�" Secretary , President (0002598.1555-95038511 O (O -' 00 N L(7 C) 0 00 O N m co C7 O O 67 6 0 0 0 00 f-- I` L() N dT O N 06 OCT r (D I-- ti (O N 00 N N O CO (CJ CO r , 4 Eft H} 6) b4 bq Q-�- dT CO N CO LC) (D r (Y) I~ C) r C7 C O (1) r m O co N lL OD C7 Iti. 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O N Ln CO r- 0 r r-- T (D 00 CD N 1.0 I-- O N 7 E9 it} 69 6a t- r r r- N N b9 f? 6F,} 614-if36} r I- Lo r- r m (D O O r M E~ M C7 0 I'- (D 't C77 r N I� r 07 Op �- C7 r M m Ln LO L[7 M N N co CQ O O V- M M Ln M M V' co -; C? O N O CD C'7 O o0 Cl) O = r N N M V' Ln LO r N N N N N N N N N 69 69 64 V4 64 64 69 69 64 6g O C7 (D 07 LO 00 N (D r r 10 O CO C? CD I'- LO IT (D 0) N CD V' (3) 0 (D 00 N N a I�- N 47 (D LL7 V' N C0 r Ch M T M 0) (D N Ln N 00 O 0 0 O� Ln L6 CO Cli r (D C') CO Co r- = It CD 00 0) iR r t--• N N C0 CO M Cl) CO 4f} 63 64 696469- 646469 O (1) il- O N It LO 00 'd' V' r V' V' 00 r (D 'cp' Lo 00 O co M N 1- IT LL7 (D n T M N CO CD in (D ti oO 0) 00 LO T r © {` N Ln CD L(j N I� 00 N (D 07.Co (D m N Ln M1 (D 0 LO d' �i" Cl) N N T 64 61 N} 69 H-} E F-} ff3 0j. (f-} U�l V' 00 N (D C) CO N CD N It I- 07 N V' (D O) to O LO C7 CD r M It 0 r- 47 O N Cl) La N V' 0 G0 O N LQ r- 67 r CD N M V° r I,- C? 07 Ln N rs c7 a) (D Cl) 07 0 N m (D N Ln Iv C) n Lo c0 r Cry CD L' 69- 6-3� 60 r r r N CV N 69 64 64 64 64 64 f9 O j ° - �P V' It V d It IT �F t It C} O O Ci N N N N N N N N N O ti Cl) U') LO LO LO LO L.C) LO LO Ln LO CJ T CD N N N N N N N N nt N ti * (D CS)i4 0 (D O CO CO (p (D N (D C4 0 (D (D (D 0 (D (D (D N N N N N (N N N N N N 69 69 6% 64 64 64 69 69 6)- 64 64 _ r N CO It LO Ll] r 0 0 ro 0_ _r_ (D L � L m ° ' d E o fu JQ QtY IL - Z � i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: March 2, 2015 SUBJECT: AGENDA ITEM 9.I.-REGULAR COMMISSION MEETING OF MARCH 31,2015 REIMBURSEMENT AGREEMENT/HHC SEAGATE HAMLET,LLC/SEAGATE/HAMLET SUBDIVISION BACKGROUND On January 9, 2014, the road at the second entrance to the Hamlet/Seagate subdivision located at 3600 Hamlet Drive was destroyed as result of a severe storm. This road served as the historical rear entrance to the subdivision. Additionally, the road also benefits the City along with the subdivision by providing ingress and egress together with providing reclaimed water to the entire subdivision. HHC Seagate Hamlet, LLC intends to rebuild the road at the second entrance of the subdivision, which consists of rebuilding the road and canal as well as repairing the culvert and associated drainage. The project includes a portion of the City-owned property that is used to facilitate drainage in the area and for which the City has responsibility to maintain and repair. Therefore, expenditures related to this project serve a public purpose. The reimbursement costs of 50% for the total engineering and construction costs associated with the project (not to exceed $110,000)was determined by Staff and the Developer reviewing the estimated improvements costs to rebuild the roadway and canal, repairs to the culvert, and installation of drainage pipe and structures. This agreement will provide reimbursement to HHC Seagate Hamlet, LLC for fifty (50) percent of the actual costs for engineering services and construction costs associated with project with an upper limit amount of $110,000 based upon the completion of the work as determined by the City, through receipts submitted by the Developer . The design and construction costs are estimated as follows: Design $4,750.00 Construction (three quotes attached) $152,560.00 Construction Administration $3,500.00 Survey $3,000.00 Inspections Services $1,000.00 The Reimbursement Agreement, Exhibit A, Agreement between Seagate and the contractor, Insurance Certificate and location map are attached. DISCUSSION Consider approval of reimbursement to HHC Seagate Hamlet, LLC for fifty (50) percent of the actual costs for engineering services and construction costs associated with project in an amount not to exceed $110,000.00. FUNDING SOURCE Funding is available from account# 448-5416-538.31-30. RECOMMENDATION By motion, approve reimbursement to HHC Seagate Hamlet, LLC for fifty (50) percent of the actual costs for engineering services and construction costs associated with project in an amount not to exceed $110,000.00. REIMBURSEMENT AGREEMENT THIS AGREEMENT entered into this day of , 2015, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), HHC SEAGATE HAMLET, LLC, a Florida Limited Liability Corporation, (hereinafter referred to as DEVELOPER), to provide as follows: WHEREAS, on January 9, 2014, the road at the second entrance to the Hamlet/Seagate subdivision located at 3600 Hamlet Drive, Delray Beach (hereinafter referred to as the "Subdivision") was destroyed as a result of a severe storm. This road served as the historical rear entrance to the Subdivision. WHEREAS, this road beneficially served the Subdivision in its entirety (including the Country Club and residential property owners within Subdivision together with the Hamlet Resident Association) by providing ingress and egress together with providing water to the entire Subdivision. WHEREAS, DEVELOPER intends to rebuild the road at the second entrance of the Subdivision, hereinafter referred to as the "Project," which consists of rebuilding the road and the canal and repairing the culverts and associated drainage. WHEREAS, the Project includes a portion of City-owned property that is used to facilitate drainage in the area and for which the City has responsibility to maintain and repair. Therefore, expenditures related to this Project serve a public purpose. WHEREAS, the CITY intends to reimburse the DEVELOPER for a portion of the engineering costs and construction costs related to the project. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the DEVELOPER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. The DEVELOPER, or its contractor, shall provide for the design and construction of the Project as provided in Exhibit "A", attached hereto and incorporated herein. 3. The CITY shall reimburse the DEVELOPER fifty (50) percent of the actual costs for the engineering services and construction costs associated with the project in an amount not to exceed $110,000 upon the completion of the work as determined by the CITY, through receipts submitted by Developer. Developer shall be responsible for all other costs associated with the Project, including but not limited to cost overruns, permitting, testing, and site restoration. 4. To obtain payment for reimbursement, DEVELOPER shall submit to the CITY an original invoice plus one copy together with any other information or documentation which may be reasonably required by City to review and confirm the adequacy of the payment reimbursement request no later than sixty (60) days after the Project has been completed and accepted by the CITY. Invoices shall designate the nature of the services performed. CITY shall pay DEVELOPER within thirty (30) calendar days of receipt of DEVELOPER'S proper invoice, and as required by the Florida Prompt Payment Law. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement. Payment may be withheld for failure of DEVELOPER to comply with a term, condition, or requirement of this Agreement. 5. The Project must be completed, finalized and accepted by the CITY within ninety (90) days of the execution of this Agreement. 6. The cost and expense for all restorations of the area affected by the Project shall be the responsibility of the DEVELOPER. The restorations shall be performed in accordance with the engineering plans for the Project as approved by the City. 7. DEVELOPER shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the laws, ordinances and regulations of the place of the development which are applicable during the performance of the work. DEVELOPER shall also pay all application, filing and permit fees, including, but without limitation, all fees to local,regional and state government and agencies. 8. DEVELOPER warrants and guarantees to the CITY that all work on the Project shall be constructed in accordance with the applicable codes of the City of Delray Beach. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance by City. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the construction of the Project, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. 9. DEVELOPER shall supervise and direct the installation and construction of the Project, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the Project. 10. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. The CITY shall also have any other remedy available to it in law or equity. 11. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the sanitary sewer main improvement. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 12. DEVELOPER 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, DEVELOPER, 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. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action, or demand, DEVELOPER 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 City Attorney to defend City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by the City Attorney, any sums due DEVELOPER under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by City. 13. DEVELOPER or its contractor shall procure and maintain prior to commencing any work on the Project worker's compensation insurance in an amount required by law and General liability insurance with a minimum limit of$1,000,000 per occurrence and $2,000,000 in the aggregate annually, governing bodily injury and property damage in standard form, insuring CITY as additional named insured. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: City Clerk Cary Glickstein,Mayor Approved as to Form: City Attorney WITNESSES: HHC SEAGATE HAMLET,LLC By: (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201, by 9 as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public SBSATE CONSTRUCTION GROUP Project No.: S3300 Project Name: Rear Access Entrance I Drainage Subcontract No.: OIA Standard Short Form Subcontract Agreement between Contractor and Subcontractor This Subcontract Agreement ("Agreement") is dated October 16, 2014 and is entered into BETWEEN: Seagate Construction Group,LLC(the"Contractor) 601 North Congress Avenue,Suite 114 Delray Beach,FL 33445 Phone: (561)266-9910 Fax: (561)266-2835 Attention: Garrett Graue E-mail;ugraueAhhcflorlda.coni And Coastal Pipeline,Inc.(the"Subcontractor") 303 Jim Moran Boulevard,suite B Deerfield Beach,FL 33442 Phone: 954-425-7717 Fax: 954A25-7728 Attention: Roy E-mail: CPlcoastssl[n-aol. t 9D4,/ Federal EIN: (x� Da �a License Number:CUC1224809 IN CONNECTION WITH(the"Project") The Hamlet I Seagate Second Entrance 3600 Hamlet Drive Delray Beach,FL 33445 FOR(the"Owner"), The Hamlet BRA I, Prime Contract. Contractor and Owner have entered into a contract for the Project (the "Prime Contraef')that provides for the famishing of labor,materials,equipment and services in connection with the construction of the Project. The Subcontractor agrees to assume toward the Contractor all obligations that the Contractor assumes toward the Owner under the Prime Contract,to the extent pertaining to the Subcontractor's Work. 2, Subcontract Sum. The total sum ("Subcontract Sum") payable to Subcontractor for the proper perfornance and completion of the Subcontractor's Work is $152,560.00 which Subcontract Sum includes all applicable sales,consumer,use,local option and similar taxes required to be paid by Subcontractor or Contractor in connection with this Agreement. Such taxes are included at 6%(as per applicable law). 3. Cost Codes. The Subcontract Sum includes the following Cost Packages and Cost Codes: Cast Code Description Cost 02A Site Work 152,560.00 Total Sum: $152,564.00 4. Subcontractor's Work. The Subcontractor shall carefully inspect any work performed by others or existing conditions That are to precede, receive, align, abut or otherwise relate to the Subcontractor's Work. The Page 1 of 3 SEA-ATE CONSTRUCTION GROUP Subcontractor shall carefully investigate the site and other conditions under which the Subcontractor's Work is to be performed and shall perform its work in accordance with all applicable laws, codes, rules, regulations and ordinances, No changes shall be made without prior written consent of the Contractor. The Contractor may make any changes, including deletion of all remaining work, at any time and for any reason. In such event the Subcontractor shall be entitled only to payment for work completed prior to receipt of notice of such change including a pro rata fee thereon, but shall not be entitled to any other consequential payments or damages including fees on non-performed work. The "Subcontractor's Work" includes all items required or reasonably inferable for the proper performance and completion of the Work described below: • See Exhibit"A"dated October 16,2014. 5. Warranty. The Subcontractor's Work shall conform with the requirements of the plans and specifications, be suitable and fit for its intended use and purpose, and free of faults and defects in workmanship and materials. No PCB, asbestos or other hazardous or toxic substances or materials will be used in connection with the Subcontractor's Work in violation of the plans and specifications. Subcontractor will promptly perform all punch list and/or warranty work as requested by Contractor for a period of 1-year from installation. 6. Payments. Contractor shall make payments of the Subcontract Sum based on the percentage of completion of Subcontractor's Work at the end of each month, subject to 10%retainage until final completion. Each progress payment shall be received by the 20`h of each month projected through to the end of the same month. Payments shall be made within 30 days following Contractor's receipt and approval of Subcontractor's invoice related to such work, including any required lien waivers and other detail as may be required by the Prime Contract. Final payment shall be made within 30 days following final completion (including completion of all identifed punch list work) of the Subcontractor's Work and acceptance thereof by the Contractor. Subcontractor shall complete all punch list identified by Contractor no later than 2 weeks following written notice thereof to Subcontractor. Contractor shall be entitled to make direct or joint checks to Subcontractor's lower tier sub-subcontractors or suppliers when deemed appropriate by the Contractor. Contractor shall be entitled to withhold sums to protect the Contractor or Owner from damage or loss because of Subcontractor defaults, defective work,back charges, claims for which the Subcontractor may be liable,punch list or warranty work at 200%value, delayed completion, liens arising out of the Subcontractor's Work not due to the payment default of the Contractor, or otherwise for any claims or sums due to the Contractor by Subcontractor under this or other agreements. 7. Insurance. Subcontractor shall obtain and maintain the following minimal levels of insurance: workers compensation in compliance with state law; general liability with limits of$1,000,000 each occurance; $2,000,000 general aggregate,$2,000,000 products&completed operations aggregate;auto liability with limits of$1,000,000. All parties waive all rights of subrogation held by any insurer of property damage applicable to the Project. Contractor and Owner shall be named additional insured on the general liability and auto liability policies, including coverage for products & completed operations. Subcontractor waives subrogation rights for the benefit of Contractor and Owner under its workers compensation Policy. 8. Schedule. Time is of the essence hereunder. Subcontractor shall meet or better the durations established in the Contractor's contract agreement. Subcontractor is responsible for actual damages for exceeding durations in the agreement. • See exhibit"A"dated October 16,2014 91 Indemnity. Subcontractor agrees to defend,indemnify and hold Contractor and Owner harmless from and against all claims, losses, damages and expenses including attorneys' fees to the extent caused by the negligent acts or omissions of Subcontractor or those for whom it is responsible including all lower tiers sub-subcontractors and suppliers. Subcontractor shall reimburse Contractor for all OSIJA and other fines and penalties incurred by Contractor but arising out of the Subcontractor's performance of the Subcontractor's Work. Subcontractor shall bond over or remove any liens arising out of the Subcontractor's Work except to the extent caused by Contractor's payment defaults. In the event of a dispute resolution between the parties, the prevailing party shall be entitled to reimbursement of attorneys' fees and other dispute resolution costs. 10. Project Conduct. Subcontractor will comply with Contractor's safety requirements including use of proper safety equipment (hard hats, safety glasses,proper clothing, etc.). Deliveries will be coordinated with the Contractor and will be made only upon at least 24-hour notice to Contractor's job-site superintendent. Subcontractor shall take all Page 2 of 3 SEDATE CONSTRUCTION GROUP necessary precautions to protect other completed work, materials and equipment from damage or unreasonable wear and tear. Subcontractor's personnel shall be replaced at the request of the Contractor. Subcontractor's work area shall be kept clean of all debris and excess materials at all times,and cleaned at least daily. Subcontractor shall provide for proper illumination and a safe working environment for all Subcontractor's Work. 11. Disputes. Subcontractor agrees to meet with Contractor to resolve any disputes or claims upon request. If not able to be resolved at such meeting, the Subcontractor agrees to mediate and/or litigate the dispute as elected by the Contractor. In any event,except as otherwise agreed by Contractor, Subcontractor agrees not to pursue any claim until after the Project is completed but before the anniversary date of the Project completion and all other claims are waived and released by Contractor. IN WITNESS WHEREOF, the patties have executed this Agreement by their duly authorized representatives on the dates set forth below,to be effective on July 07,2013. Subcontracto : Coastal Pipeline Contractor:Seagate Construction Group,LLC B : sy: pp Print Name: Garrett Graue Authorized Representative y �t � Authorized Representative Title: V.l-7 Title: Project Manager Date: /eq�.�/.+�/ Date: /0 Z / Page 3 of 3 SEAEiATE COWRucr m+GRAVP Exhibit"A" to Seagate Construction Group Standard Form Subcontract Agreement Rear Entry Bridge Reconstruction Scope of Work October 16,2014 Subcontractor's Work. The "Subcontractor's Work" includes all labor; supervision; materials; equipment; services; supplies; tools; facilities; transportation; storage; receiving; taxes; licenses; inspections; certifications; overhead; profit; insurance; and other items required or reasonably inferable to properly and timely perform and complete all BRIDGE AND UTILITY R>E:CONSTRUCTION as per the Agreement including the following plans and Specification Section(s): DCES Sheet 1 of I dated 6/4/12;revision 2 dated 5-12-14 1. Subcontract Inclusions. The "Subcontractor's Work" specifically includes, but is not limited to the following: I.I. GENERAL 1.1.1. It is understood that this agreement is based upon work being performed"Per Plans and Specifications";however this does not excuse any item(labor or material)that could reasonably be expected or inferred as normal course of completing the Scope of Work in a professional manner. 1.1.2. Layout for the work under this agreement from grid lines and benchmarks furnished by others. Subcontractor shall protect all Surveyor installed engineering data and layout points and shall take all necessary precautions to insure that said data is not damaged, destroyed, altered or changed. Owner will provide surveying to locate the new headwall locations, stake the inlets and provide as-builts. All other layout work is by this Subcontractor. 1.1.3. Subcontractor shall furnish hoisting facilities for Subcontractors material, equipment and personnel,including crane (temporary stabilization as required). 1.1.4. Retesting costs when initial tests fail. 1.1,5. Full compliance with governmental requirements relative to this Scope including haul routes,work hours,disposal locations,street clean up,traffic control and haul permits. 1.1.6. Dust control,erosion control,filter fabric during performance of this Scope as required. 1.1.7. Protect structures,utilities,adjacent properties,trees,pavements,etc.,from damage caused by settlement,lateral movement,undermining,washout and other hazards. Any damages caused by this Subcontractor shall be Subcontractor's responsibility. 1.1.8. Dewatering and sedimentation control as necessary for this Scope of work, 1.1.9. I-ampinglTV viewing of utility lines if required by Governing Authority. 1.1.10. Subcontractor will not beheld responsible for any damage to roadways or golf course property where access to site is required,during equipment,material deliveries and crane move-in,move-out. 1.2. COORDINATION 1.2.1. This is a Turn-Key Project. All items unless specifically excluded are included in this scope or work. The work will in general be completed as follows;however,means and methods to complete this work are the responsibility of Coastal Pipeline,Inc. 1.2.1.1. Damn off the existing canal. 1.2.1.2. Well point as required for new utilities. 1.2.1.3. Bypass the water with temporary pumps as required. 1.2.IA. Install new utilities. 1.2.1,5. Allow water to flow as normal. 1,2.2. Coordinate with the LWDD,City of Delray and local utility company as required. 1.2.3. All work shall meet or exceed applicable codes. If Subcontractor observes that portions of the contract documents are at variance with applicable codes,Subcontractor shall promptly notify Contractor in writing prior to proceeding with the work. Page A 1 of A4 SEAEATE CONSTRUCTLON GROUP Exhibit"A" to Seagate Construction Group Standard Form Subcontract Agreement Rear Entry Bridge Reconstruction Scope of Work October 16,2014 1.2.4. Subcontractor shall plan ahead and ask necessary clarifications in writing prior to the start of the work in order to avoid delays to the established durations. 1.2.5. Locate and verify all utilities and underground facilities prior to start of construction. 1,2.6. This contractor has visited the site and is aware of existing conditions including power lines,poles,etc.to diligently complete this scope of work, 127. Verify existing topography. Advise Contractor if grades vary from contract documents. 1.3. SITE CLEARING AND DEMOLITION 13.1. Remove existing trash,old debris,concrete,roots,rock,utilities including 72"CMP, and aspbalt where performing this scope of work. 1.3.2. Saw cut at Asphalt tie-ins for a flat finished transition. 1.4. SITE GRADING/PAVING 1.4.1. Testing of one import source. Additional source testing to be paid by Subcontractor. 1.42 Import and export as required meeting shown subgrades and finish grades. Compact all areas as required. 1.4.3. Finish grade and compact paved areas just prior to paving start. 1.4.4. Construct all swales and slopes for drainage and landscape plans. Finish grade site to the proposed finished elevations ready for sod and plantings. 1.4.5. Protect newly graded areas from erosion. Repair and re-establish grades in settled and eroded areas. 1.4.6. 12"Inch minimum compacted subgrade 98%with LB40. 1.4.7_ 9"Inch minimum compacted limerock base. 1.4.8. Asphalt shall be 1-1/2"(min.)inch thick type 1I1. 1.4.9. AD materials shall comply with F.D,O.T.specifications. 1.4.10. Header curb,D curb,and new concrete flume as per details. 1.4.13. Rip-rap installed per plan. 1.1.12. Fill in areas with sod where shown in the designated areas. 1.5. SITE UTILITIES-WATER 1.5.1. Take extreme precaution to not damage the existing 2"water line,valve boxes,vaults, etc.that services the maintenance area and the HP Reclaimed water line. Realign as necessary, Valve off/support as necessary during construction to ensure these lines are not compromised. If so,this Contractor will replace as necessary to be in newly installed condition with proper thrust blocks,etc. 1.6. SITE UTILITIES 1.6.I. Construct head end wall as per plans and FDOT specifications along with 72"RCP, 1.6.2. New catch basins,J Box and connecting RCP to new structures. 2. Subcontract Exclusions,The"Subcontractor's Work"specifically excludes the following; 2.1. Permit Fees. 22 Density Testing. 2.3. Surveying for locating the headwall,establishing elevation,staking the inlets and providing as- built drawings. 2.4. Tree removal/relocation and sod. 2.5. Conduit for power to gates,new gates,etc, 3. Subcontract Time. The"Subcontractor's Work"shall be completed as follows 3.1. The current completion date for the project is December 15,2015, 32 The schedule will be updated periodically to reflect actual job progress. Unless written notification to the contrary is received from the Subcontractor within seven calendar days after Page A2 of A4 SEAEATE CONg1PLX:716N GROUP Exhibit"A"to Seagate Construction Group Standard Form Subcontract Agreement Rear Entry Bridge Reconstruction Scope of Work October 16,2014 issuance, the revised schedule will become the benchmark for contractually required performance. The Subcontractor shall provide sufficient crews, materials, and equipment to maintain or improve upon the Contractors schedule. 3.3. Durations for the major work units are as follows. Dates given are approximated start dates based on the current project schedule and may vary. Subcontractor agrees to mobilize within one week of notice that the work area will be ready. 3.3.1. Release structures for fabrication 1111114. 3.3.2. Start Construction 11/10/14. 3.33. Complete earthwork and utility installation by 11/25114. 3.3.4. Complete Project including curbing,asphalt by i Ri9�+4. 33.5. *NO WORK FROM 1116 to 11/9 is permitted on site. 4. Submittals. The Subcontractor shall submit eight copies of shop drawings,eight copies of product data no later than 10/21/14. Submittals required include: 4.1, Base Material information. 4.2. Asphalt mix design 43. Concrete mix design. 4.4. Precast product data. 4.5. Schedule of pipe and accessories proposed. 5. Close Out. The"Subcontractor shall submit the following close out documents upon completion of work: 5.1. One year warratt 51- A52b, �L I s��zv �J�rz X45 - ewe,7-.,5 3y S 47Z 6. Subcontract Safety. The "Subcontractor's Work" at a minimum shall specifically comply with the Federal Occupational Safety and Health Act (OSIiA) and Contractor's Safety Manual. The following minimum requirements from Contractor's Safety Manual will be,enforced: 6.1. Unsafe Conditions.She Subcontractor is not required to work under any unsafe conditions and shall immediately report such unsafe conditions to the Contractor. 6.2. Unsafe Acts. Employees of the Subcontractor involved in horseplay, fist fights, unsafe acts, whistling, yelling at the public, or obscene gestures will be required to immediately leave the site. 6.3. Reporting Iniuries.The Subcontractor shall immediately report every injury including those of a minor nature. in addition, within forty eight(48) hours of occurrence, the Subcontractor shall provide a written report of all accidents,which require onsite or offsite medical assistance. 6.4. Personal Protective Eguiument. The Subcontractor shall provide all personal protective equipment for its employees. This equipment shall comply with Contractor's Safety Manual and OSHA Act 1926, Subpart E, as amended. This includes, but is not necessarily limited to the following: 6.4.1. Hardhats. The Subcontractor's workers, supervisors, clients and visitors must wear hardhats at all times. At the discretion of the Contractor, hard hats may be removed after the installation of finished ceiling materials. if requested, Contractor will provide hardhats at a cost of$25.00 each to Subcontractor's employees who arrive without a bardhat.The Subcontractor agrees to this cost. 6.4.2. Eve Protection. , 4iwoll lobsile 0fzGai; aw ex-11W94 Additional forms of eye protection will be required I as prescribed by OSHA standards. if requested, Contractor will provide safety glasses Page A3 of A4 SEATE CRNSTRUMON GROUP Exhibit"A" to Seagate Construction Group Standard Form Subcontract Agreement Rear Entry Bridge Reconstruction Scope of Work October 16,2414 at a cost of $10.00 each to Subcontractor's employees who arrive without safety glasses.The Subcontractor agrees to this cost. 6,43. Clothes. The Subcontractor's workers, supervisors, clients and visitors must wear clothes suited to the job. At a minimum,shirts with sleeves, hard-soled shoes(no tennis shoes), long trousers arM gioN-e are required. No dangling or loose clothing or jewelry should be worn around moving machinery. 6.5. Barricades. The Subcontractor shall maintain barricades, floor and roo�deckr, 6.6. Project_ Safety Officer. The Contractor's Project Safety Officer (PSO) has the authority to remove from the site equipment, tools,or scaffolding that does not meet the requirements of this section. 6.7. Hazard Communication. The Subcontractor shall furnish MSDS's for all hazardous materials to the Contractor prior to delivery of the material to the site. Copies will be kept at Contractor's jobsite trailer and available for review by all jobsite personnel. 6.8. Equipment ODeratign. Employees of Subcontractor shall not operate or ride any trucks, loaders,backhoes,or other equipment unless specifically authorized to do so. 6.9. Radios. Employees of Subcontractor shall not play radios except 2-way radios for jobsite communication. 6.10. Safety Meetin s. The Subcontractor shall conduct weekly safety meetings and provide written attendance and discussion documentation to the Contractor or attend Contractor's weekly safety meetings, 6.11. Ventilation. The Subcontractor shall provide proper ventilation when using gas-powered equipment, 6.12. Com etent Person. The Subcontractor shall provide competent persons as required by OSHA Act 1926. These competent persons shall report to Contractor prior to starting work and are required to be onsite at all times during the performance of the Work. 6.13. First Aid. The Subcontractor shall provide first aid kits and employee certified in first aid on site at all times during the performance of the Work. 6.14, Cranes. Cranes provided by the Subcontractor shall have posted in the cab a complete annual inspection report, maintenance program per the manufacturer's specifications and list of hand signals. 6.15, GFI Protection. Subcontractor shall provide GFl protection for all cords used by Subcontractor on the Project site. Page A4 of A4 Client#: 2930 COASTPIP RATE(MMIDDff" ACORD- CERTIFICATE OF LIABILITY INSURANCE 10/2012014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRO13UCER CONTACT NAME: Larissa LaFreniere _ _ Cypress Insurance Group PHONE -- 771-0300 _T!a _ c,_�lo; 9547729424 --- LA �C E No, �dki � � PO Box 9328 E-MAIL ADDRESS CarissaL @Cypresslnsuranee.com ! _ Fort Lauderdale, FL 33310-9328 '.. INSURER(S)AFFORDING COVERAGE NAIC N 954 771-0300 INSURER A FCCI insurance Group Inc. INSURED T 4 INSURER 8: Coastal Pipeline,Inc INSURER C 303 Jim Moran Blvd., Suite B - -.__-_----_T- I INSURER D: ----.._._...__.____-._-___ -----------._ _._.___-__ Deerfield Beach,FL 33442 INSURER E INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADOL5UBR -� POLICY EFFF,,I PO-EXP' ---- - — LTR TYPE OF INSURANCE IfNSR..yyV POLICY NUMBER MMIDDtY f.'y�(MMIDDIYYYYS .,. WL[MITS_- —T- A GENERAL LIABILnY ;GL001497$2 -------- 1/31/20141 Q113112Q151 EACH OCCURRENCE .__�S1,000,000 rDAMAGE TO RENTEO-v✓ X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) I$1 QQ 000 _ CLAIMS-NAPE FXi OCCUR j ED EXP(A,y qne person) S MAP _ ' PERSONAL_&AOV INJURY S 1,000,000 GENERAL AGGREGATE _ $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS COMPfOP AGG i$2,000,.00 PRO- i `5 POLICY ;�'=T..-i..r :,LOC _..__t_.__...:..... A AUTOMOBILE LIABILITY i CI AQQ;Z33432 - -- 1'31�2Q14 - GPM9INED SINGLE LIMIT 4--- 01131/201 �Ea accident 1,000,000 X ANY AUTO j BDDILY INJURY(Per person) :$ ---��:ALL OWNED ( SCHEDULED I BODILY INJURY(Per accidenS) $ AUTOS AUTOS I -- r� NON OWNED j I PROPERTY DAMAGE S X; AUTOS IX AUTOS 1, i LFPer accident) X rive Oth I X; Car AB I - iS umB REGE UMBRELLA LJ OCCUR 00160312 113112014 0113112019 EACH occuR $ 30W 0 0,0A -0-0 —. T I EXCESS LIAR CLAIMS MADE `. AGGREGATE }$3,000,000 yy0 RED X1 510.00_..._! I _ ------- - ------.._ S A RKERS COMPENSATION �fiQ01WC14A727Q5 9125!20 41 09!25!201 X "'S"T�_°T" _^ AND EMPLOYERS'LIABILITY Y I N i ANY PROPRIETORlFARTNERfEXECUT1VEr—,,I i E.L.EACH ACCIDENT T $1 DOO QQ0 pFFICERlMEMBER EXCLUOEO� N NIA (Mandatory in NHl - 1 E.L.DISEASE-EA EMPLOYEE $1,000,000 if yes,desame under ! I DESCRIPTION OF OPERATIONS below I __� I E.L.DISEASE-POLICY LIMIT $1,000,000 I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space is required) Workers Compensation applies to Florida operations and employees only. Project: The Hamlet/Seagate Second Entrance Certificate holder is named as additional insured as respects General Liability when required by written contract subject to policy terms,conditions and exclusions. Waiver of Subrogation in favor of certificate holder as respects Workers Compensation when required by written contract. CERTIFICATE HOLDER CANCELLATION Seagate Construction Group, LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 601 North Congress Avenue,Suite ACCORDANCE WITH THE POLICY PROVISIONS, 114 Delray Beach,FL 33445 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2014105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S 1868301M 185742 CC Client#: 2930 COASTPIP DATE(MMIDDIYYYY) ACORD..., CERTIFICATE OF LIABILITY INSURANCE 10/20/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL ENSURED,the policy(ies}must be endorsed.If SUBROGATION IS WAIVED,Subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME:QNT7 Carissa LaFreniere AC Cypress Insurance Group PHONE _ i FAX tArc,No,E rq:954 771-0300 I 1�c Nod, 954 772 9424 PO Box 9328 ADDRESS: CarissaL @Cypresslnsurance.com Fart Lauderdale, FL 33310-9328 INSURER(S)AFFORDING COVERAGE NAIC9 954 771-0300 wsURERA:FCCI Insurance Group Inc. INSURED INSURER B: Coastal Pipeline,Inc ENSURER C 303 Jim Moran Blvd., Suite B Deerfield Beach, FL 33442 INSURERn: INSURER E INSURER F: ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA€MS. INSR -- --- ---- -- -�ADDLSUBR ......._ ...... ... _. ....POLtCY EFF POLICY EXP ._... _._._ ..... .... LTR TYPE OF INSURANCE INSF;;Vrp; POLICY NUMBER LIMITS _ {MMlDDYYYYJa(MM106fYYYY}: A GENERAL LIABILITY GL00149782 1/311201401/31/2015 EACH OCCURRENCE 51,000,000 .............................. ... ... X COMMERCIAL GENERAL LIABILITY 6AMAGE TO RENTED ......---. PREMISES_JEa occurrence) S 101),000 M EXP(Any one person) S5,000 r. CLAIMS MADE OCCUR PERSONAL&ADV INJURY S 1,000,000 l GENERAL.AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS PRO- -COMPIOP AGG 52,000,000 •- -- ..-....., ., - POLICY. ! A AuronnoBlLE unalurY CA00233432 113112014.0113112015, :51,000,000 COMBINED SINGLE J0 . ,-jEa accident' - , _ _... X;ANY AU7D BODILY INJURY(Per person) $ ALL OWNED - _ SCHEDULED - — ---- .._- -.__ •—___ ---- ......,._. -. . AUTOS - AUTOS ,BODILY INJURY(Per accident).S NON-OWNED ;PROPERTY DAMAGE-- -- - - -- - X; KRED AUTOS X AUTOS - Per accWenl i... 1._ ._XOrive Oth Car -- _... -.... - - -- ......... _............. .._......... .. .. . A X. UMBRELLA LIAB X OCCUR UMB00160312 0 113112014:01131/2015 EACH OCCURRENCE 531300 000 EXCESS Ll- -_-AB 1 CLAIMS,MADE• ',-AGGREGATE 9,000,000 AND EMPLOYERS'i X, RETENTION 0 01000 -WORKER5COMPENSATION - - . _. ._._. -_-_... - ----_ _.-.-- WCSTATU A 001WC14A72705 9125!2014 09/25/2015 X. TORYLIWTS ER __ LIABILITY Y!N -_--- ANY PROPRIETORIPARTNERIEXECUTIVE - El,EACH ACCIDENT -$11000,000 OFFICERWEMBER EXCLUDED? N ',N f A _.. .. ._-_-- ---- - --_ - (Mandatary in NH) E.L DISEASE-EA EMPLOYEE;$1,000,000 EI yes,dascnbe under i '. [?=§qRIPTION OF OPERATIONS below 1 _ _ i .. .,.-., s E,L Q1SEASE-POLICY LIMIT :51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Workers Compensation applies to Florida operations and employees only. Project: The Hamlet/Seagate Second Entrance Certificate holder is named as additional insured as respects General Liability when required by written contract subject to policy terms,conditions and exclusions.Waiver of Subrogation in favor of certificate holder as respects Workers Compensation when required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION The Hamlet Residents ASSOC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3600 Hamlet Drive ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33445 AU�TH/O�.RLZED REPRES/ENTTTATTWE� I(/��.7� �i ✓VV/iclS� O 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 1868421M 185742 CC DESCRIPTIONS (Continued from Page 1) SAGITTA 25.3(2010105) 2 of 2 #S1868421M185742 IIIEVANSTON INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS POLICY NUMBER: 3CO5792 ❑ 'X" If Supplemental Declarations Is Attached RETROACTIVE DATE THIS INSURANCE DOES NOT APPLY TO 'BODILY INJURY', "PROPERTY DAMAGE" OR"PERSONAL AND ADVERTISING INJURY'WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. RETROACTIVE DATE: NONE (ENTER DATE OR"NONE" IF NO RETROACTIVE DATE APPLIES) LIMITS OF INSURANCE General Aggregate Limit(other than Products/Completed Operations) $2,000,000 Products/Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $ 1,000,000 Any One Person or Organization Each Occurrence Limit $ 1,000,000 Damage to Premises Rented to You Limit $ 100,000 Any One Premises Medical Expense Limit $5,000 Any One Person ALL PREMISES YOU OWN, RENT OR OCCUPY Loc. No. ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY 1 601 N. Congress Avenue, Suite 114, Delray Beach, FL 33445 CLASSIFICATION AND PREMIUM Loc. Code No. Premium Other Rate Advance Premium No. Classification Rating Basis Basis Basis PrlCo All Other Pr/Co All Other 1 91580-Residential Gross Receipts $2,000,000 $- $10.50 $- $21,000.00 Contractor 91585-Contractors 1 -subcontracted Total Cost Included $ $Included $ $Included work 91342-Carpentry- 1 Not Otherwise Payroll Included $ $Included $ $Included Classified MDGL 1008 08 11 Page 1 of 2 9992—ost-I99 xvds a8 9a u42-09t-t99 NV ld 1N- W IAO&JAI 1LIS N lfY2L 1d'NOIVH VO09 'SZl#'GA19 31V}J HOD'M'N 96ZZ 9 y 'm fs VOIPJOIJ 'HOVAB KVNII(l �C )dO - NO/10r]b'15N00 03/�/S is 4��_e_l E sa�Nvx axs O -XH3 -NYU HIVG SNOISIAM � O a a m �Z Q fn 'sga (n End p z T� �( zp ~z O _ �_ FCb Z W U dN£ .� ✓ w U O tP uV g Z d ego N U z _ 2mo - ma° n. S w _ 8m IIW _ Q� d m �a a3 00 w w,y ¢In a� a§ 2 m U= p z r N w�>a° w¢ W V1 p Is o J o w= o ° LLWII =moo °� a oz F 6yI 9 12 w z s I °w IW Po P.°� dog e � d I I U m <I 5YF�� w ° a w " "I i U z. z. �E �o iI111+ eo1+ ° wlo a 2+r, a �� y tl o�mm �iHR IK'-O.� o n< < WE3NIl M/a%Oaddtl1ry, W� P4 IS 9 II gp 1� n w d 8 - _ 1 1 laoea[Bl od a>�-e d) Ea o A Is Ix - - s ao as 3 1 k E I G,� oa Nl �� I Wiry m/ r u I-' 3af1 a=�roadd•� � I /� HP I rd 1 I 11 / - -. - 1l1 I��9 111 ms iiie !1 a 1111 � n�� t � tp2f e< i ° � ml � W COASTAL PIPELINE , INC . 303 Jim Moran Boulevard, Suite 8 Deerfield Beach, Florida 33442 Telephone (954) 425-7717 Fax (954) 425-7713 F.-rsaaif: f:l'Ic[�astal!a:at►l.csytri I)s�te: .Itlrle 111. 2014 Sit bwitted to: D.(J%.< 2295 N w Cc3?'Ixwr itc 131 ci„ 511111 12.5 11[)Ca I{3F(113, 1'1,. 3i.13 1 l cl: 56[-7141-371 r' I`Rti' 561.750-36X6 Atilt; F-mttil: Elt±c,t1-01r6ck."gok _�c}itt ProJict: 11amLt Locatkm: ]k-la-"o' Rcttclt. 1:I. ll�a�ri rtl s: IIC:l:S `Slice[ 1 n l 1 D,i%xl 6/4I12;No R-�is']0415 {")[1[3767`O.Y/PROPOSAL WU— at COaslal P-1pclitsc_ im-.. licrchy pio;-)osc: ic,) Itimish tm;lenali, laboi mwl cgaJpmuw li 9: I'l le lt_tsi atren:iric�r 3ti ,_ utt�ltlr [stirs eta€ i ±, s-1?rt it (7crstf3Cat.ion of as-buiiEa;.bnn fed!.?rwl Derixl:A&w-e r;ooi i°scftt'td ins 6i5,lampcP sal. 2. Ni)&m.loon !WOWCd-twks} v f3 slated. thi futitatim.. a: (>t ttss[-tsi:atrs} removal, r i3ca[:i n. 0s Support_ lempc);wr{ ar lictr arlenti of-e�ES%ra iitilitr�s;-3trraz#titres. r F�reirl�€�nrs=ir�PtLticct;is�I1ts�ircryK2c?Sa.. J cc.st tsF tny slaiiiklzm,. sra, as plufli; cot;cre. curb,,..(rn ovai. Np�'it o r ilr t?tinrl: a�xrt� t�tLtii«i0s.rt?arrr.3t°�j)fxtUtl7gTri} t rcrt irrtrc�e�i1 #11Mrt ,os2_. c �r.to be':irc oft'ex m f i, tw-paid lhie contra t 1 f3C iaAlll.r shali fdmr ish land rrgzaired fEiY,ct nstL .ct rtat l 3s�ttyrits��isctr�a��, In6iii ud in tl-ft5 pmpozsal 15 the �i_1Sl or fjiier (ilb is iltsudlei one M 1itfir u d(T- d Lnkge s# ir"irc for ;�RtarPnss��#crc�vtcstl r[iiztTp§, .ail t*_4st-r eru�ic�r c��iro3 1'Ur:TP?e pr�j�tils f�{;�e��r3.cr_ _ Xb!.S jfC'iiixt is bid ca?tlaat Esc;st-w rawd r4tkua 1 Ft l.ct?Ccq'S_tt mr tKillf star Ow,m5 r �[6d-,4117 { 11Ut as: er cd to ibove,text-the t.Q,1 t; �'is prppb'saj is rttrrsssh t�tts3: F�Y7CC.rJ�rSCt� tl?f3 r t31i� 1}:tt14b"it�t'u#it'�r1:ilcf4�.it.]QhZ�.3TtOrlr l7 if it"13i�}15'1Ii f]f=: U]1 sLfit?5[7i1:93t c"a:EF9 t'3 t1lc:cf§ntretc.'1.. A€t 4q.L k tai i><�tsrriz?�t�i a u.�tlia�tx�'filar:dart;�s�tack. ��? c2tar°_�3-itt t�e t4r��di i �o- . icrtts ,� E1 be ar c itc d Onli.:by by ti ri,,-=?n order find b mill,an.cxt,clt�i-Fie ennt � P'llyineafs to .bc'. t idc wititin'th`lrl taJ.) da' z r 1 sisbi 3is vLt L3f H[prrr4tlt1 fnt mehi rxAju~st, invoices not pair! 3\�'ib:? i:�t4?' z'sC 11L17T;. PeStt �.3srLL1-f.'i tic'u j�. sm�kriGl':(.�cs, L.e'�lj�Li.t3. :.['-.nan i`!^SiI?S nistc3'*.iC1.T`-_7. L.lt:cY i:}1L}7tiWs.luc tmd[Lr ihe s i?R 1 th}.acct p m arv�?tr3 Pa 7111 eustLand reasonabie atf4me} s 1ct 11 Pr ec are bi3sf-A upon "At=of mulcra+18 Ads f the date of this i?ropsxt. -Ainuat t rateri'M vlt5rs WIH be tfe[et rained try tftr tract 1 S Ma at#hire-Ot c0titr�fd nrovlwlm r,=. 4 cce st ttce;tfsis Prupn4al.aFL t aft it-.cmilenis sImll.i*ecome a ptrt of,and be attached to,am contract is3tt d i'rtt Ilse bask fst lhe.infortttta3 iW Mersin;acrd superSed(5 ally�41nd t!OJ)s in tic#coninact. `NQ pre (3;e_Ens f T.misR abor-ii;d nmti i .!,in.71cearc#s11dz ;ath_the i:tr�-uritt,,s rf,k pro.posal arid 1�)T<t1rc rn=c+urrt c# Cyst f.f Tlcre� 1 iFtk-,..n Tlrr santi}t4; ,t +3rrdrrc viz#s 1-t t f Gall;tCr0 Dufla {S 1:2,560bO : t PL EASE NOTE 77tic;Pr&Pa''Ud.4HU Lrc' Kpclinc 1t7r,iP acxt 41:cwepfO.whhin 31)dur_�: tjCCF,TlT:A.NCJ__(JFd'ROPOSAh k y his_this jsh si i si<�r t zlr l�� c_��ial Ist;�lute,lt�c,.is`ati�h.ri��t1�t7c1#h�siv i ;xs:�cet 8d wt? l°e. t ai rwcn[s.to bnode altarcti te€ 4uu-Cr L� Aromicd:bv-, Pans idi?d.by: COBS CAI;:Pri?t::i_.INE.INC. -sigma INte. 14alrs €tleti'1€ e Pi'i,tit - _4ara ttr — 3afL. --- - - - `5 irattule I3tt :ar:e: 7 itie fPiea�le prim) Nam e:& hpm 4"pd DaTt. Pr'1:91201 A Submiit-ed to. V.0 I .S., Arm: - Eiat'dc icie rasject Tlie HamlaJi. MQBILIGAT ON Mobilization lea. TOTAL .DRAINAGE C P U5 SO'Part- xisting;;W'Reclai,-,ied LS Grf If 90 l ca Typ-c`r Inlet l .c-i .R p Rap I4-0 bags Mi-ni File-r Fabric _I s i,iriai.t Barr icr i 4J41 1'f' MOT L5 S{1M FlLL.,CURIL ASP€ALT & SHOULDERS C icrrte.cat rhsttd flumcs hspl,a3fyoad t hilixc sl�c.rt�1 'r Nvid~ s.lghali aprtmis Sa. t ,t..as;�l tf; r cle stiaaie'w catch ba-,ins. I_rnpotl 1i-11 foT Pr6jM Scd.as iiccici3. i n1ns "TOTAL 147.131 5.110 Paic3Ci i J m Pipeline, c 5.473 Nfichlar Drive Lake)Worth,F.L 33449 l'bon 561 969234J.Na 561:969-2341 jand .pipei e(&:�be3Tsvuth.net. U� 6417 Suna'" 3-2014- T6`,:. LACES Vie; T a.II Jef-Delra y Beach,FL. Attu. Howard Deichert Drainage InCIUdes the fOli©W Mobilization LS Restrain ex,�sfmcy I6"recaimed water main LS Support e--dsting l6"mca med wYat;rnmin Ls Relocate e x 2" € attar:ma.=u LS Mainttnance of traffic LS Slit batTier LS By pass_pump(if necessary) ga+ Re ove exist 72"C P and re .ove from�jte go, New 72" IRC:P 64' Nexv`15"RCP. 2 72-" Endwall d' -prap Type J inlet 2 T3Te C::iiflet Drainage Totmi 106 055.00 2 Tee: IS Re The H� et De,bray$ew1-.F:L. Attn. :Howard Delchert it Restoration Includes the following: S Pavemmit.& ba_ (per plan) 'S Concrete Nvarl;(per plan) ts FiTI l aired to. ?alancC SiTe Finish.gradilig,:and.cle tip(per plan) LS : Get(per plan). bite ResiorariunTotal 48 525.00 Tot $154,580,00. No lei€id,permits, field layout as buils.duty y irrigation-rep WJ I lat r.pi ,fence-wgrL support;Protection or repair of unmarked prig atc nt€h i es.-or cost cif-reiocation of ex stir conflicting utilities are includc ct in this prim used on ply dated 6/41'E"'11, .. V e y truly yows fike Banks,Presidznt J&lid.l''ipetine,Ire.. q! NORBERTJ. HEINZ. Priesident a 4_ m < T ..�;f� Yt'naC;i C7f X 8 - - � r31zt13sf�trrii G"CS € _s . , 12 5 Boca REAbn_ 1 O : AL tA_`.e ej ktco€ tilr f E onnedion UIn6 tz,.=f3;s_s uT-oos—e io fuf nished mater ah , mobmtzagon Sp 2,5-7 5.Ck nu 7 h ,:ap m around Ct ? sIe., 2.8 0.i 5 FCC_ 2 rend Y��.fa'3 ; Tgp ,� �Irj a € �E GRAND MTAL I M F 4� e-dO ''t a° ,{z t 16 1.1I t,691S or pee: at fees_ age I o f � 3 n? m 0RA-I Bi- D s u I3 E 1< ITLERVI,Fa.D t+Lt?'.a,rL.',;_r F.F (95 A-)421 499°-M09 '1 1-6.74Ya FAN, (9541:421-41'1'9 O H A W pY COCOP�UM �o 0 OAK TREE CT. �S — OJ Q �V Ir PINEVIEW CIRCLE CANAL L-35 0 L 0 W S 0 N B O U L E V A R D 3 Q Q O � T a J ~ W o 0 4 rE I __i 0- 75; SHERWOOD w BOULEVARD ° E O J C d O O Z O a H E F c�i� LAKEVIEW BOULEVARD C) Ki O \ILL`o O V) c O .O U U U_ O N LAK VI W 0 0, 3 a d Q U O J PALM FOREST DRIVE NORTH ARELIA w C) SHADYWOOD DRIVE C, O I PALM FOREST F DRIVE ARELIA C) SOUTH y d o 3 U N L I N T 0 N B O U L E V A R D CITY of DELRAY BEACH FOREST ROAD DATE:03/03/2015 & L-35 CANAL FOREST RD.LOCMAP 0 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP p f j e p ©Q 434 SOUTH SNANTON AVENUE,DELRAY BEACH,FLORIDA 3.9444 vi i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manger DATE: March 17, 2015 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF MARCH 31,2015 ORDINANCE NO.05-15(SECOND READING) BACKGROUND In 2013 the City created a parking program for Marina Dock tenants as limited parking in the area and inability to provide parking was apparent. Subsequently residents of the Marina Historic District (MHD), see attached for district boundaries, requested a resident only parking program within the district. While the City Marina is technically not part of the MHD separate programs given limited available parking is not practical thereby requiring the inclusion of both stakeholders. The program is optional and available to, full time residents living in the district; tenants of a residential property owner residing in the district; Owners of seasonal rental units and Marina Dock tenants registered with the Parks & Recreation Department. It is noted, inclusion in the program does not guarantee a parking space. Furthermore, residents in the district not participating in the permit program will be unable to use on-street parking spaces within the MHD. The various types of passes available are: Residential Parking Permit Package: contains one sticker to affix to the windshield of the primary vehicle registered and one guest pass that can be transferred from vehicle to vehicle; Short Term Parking Permit: A permit for the dashboard or hang-tag containing vehicle information, (Make, Model Color and Tag #), issued for one-week at a time available for a maximum of 13 weeks. Marina Dock Permit: One sticker to affix to the windshield of the primary vehicle registered with the program Marina Dock Guest Pass: One guest pass that can be transferred from vehicle to vehicle;. The fees for the various permits are listed below: Permit Ifee (plus tax Residential Parking Permit Package (One annual resident parking permit plus one $60/ ear temporary resident guest pass) 2nd Residential Parking Permit Package $60/ ear Short-term parking permit for residential or seasonal rental establishments weeks k a to 13 weeks City Marina Resident guest pass (Available to City Marina residents only) $30/ ear Resident parking permits will be available at the Utility Billing Department, located in the main lobby of City Hall, 100 NW 1st Avenue, beginning on or about Wednesday, April 1, 2015, to qualifying individuals providing documentation listed in the ordinance, summarized below. A current government-issued driver's license with the resident's name, address, and photo, and one of the following: 1. A current Utility Bill for the property address within the district. 2. Copy of a lease for a dwelling unit within the district, 3. Rental Property owners must show a Sales Tax Receipt and Valid Landlord Permit to purchase parking permit packages equal to the number of rental units established for the property, 4. Marina boat renters with a valid License Agreement for Boat Dockage at the City Marina receive 1- free pass to affix to the primary vehicle registered in the program, in accordance with their agreement. Additional guest permits are available for$30 plus tax per year Given the various challenges the neighborhood has experienced related to parking during weekends, events and high seasons and the limited number of available spaces staff supports the proposed ordinance. DISCUSSION The item before the City Commission is the consideration of amending Title VII, "Traffic Code" by creating a new Section 71.031 titled Parking In The Marina Historic District. TIMING OF THE REQUEST Approval on second reading must be done for the program to be effective April 1, 2015. RECOMMENDATION By motion, approve on second reading Ordinance 05-15 creating the Marina Historic District Resident Parking Permit Program. ORDINANCE NO. 05-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING A NEW SECTION 71.031 TITLED "PARKING IN THE MARINA HISTORIC DISTRICT"; ESTABLISHING A RESTRICTED PARKING ZONE THAT RESTRICTS ON-STREET PARKING TO RESIDENTS; ESTABLISHING THE PROCEDURE FOR RESIDENTS TO OBTAIN A PERMIT FOR ON- STREET PARKING; SETTING PERMIT FEES; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City owns and maintains a city marina, located at 159 Marine Way, Delray Beach, Florida, which provides 24 rental slips for boats up to 55 feet in length ("City Marina"). Boat owners who enter into a license agreement with the City to rent a slip at the City Marina are permitted to live aboard their boats and are assigned one parking space per slip; and, WHEREAS, the City designated the residential area adjacent to the City Marina as a historic preservation district named the"Marina Historic District", pursuant to Ordinance 156-88; and, WHEREAS, the average width of the local streets in the Marina Historic District is less than the minimum width of a local street as required by Section 6.1.2(C)(3) of the City's Land Development Regulations. This results in a limited amount of available on-street parking spaces for the residents of the City Marina and the Marina Historic District; and, WHEREAS, the City Commission finds that the current parking regulations in the Marina Historic District lead to overcrowded and blocked streets; and, WHEREAS, the City Commission finds that the narrow street widths in the Marina Historic District make it more difficult for cars to navigate the streets and that a reasonable level of traffic creates an unsafe condition for drivers and pedestrians; and, WHEREAS, the City Commission finds that there is a need to limit the number of cars that park on the streets in the Marina Historic District to make the streets safer for drivers and pedestrians and to maintain the residential character of the neighborhood; and, WHEREAS, the City Commission desires to designate a restricted parking zone called the "Marina Historic District Restricted Parking Zone", where on-street parking is restricted to vehicles belonging to residents of the Marina Historic District and the City Marina, and their guests, that display a current Marina Historic District residential parking permit; and, 1 ORD.NO. 05- 15 WHEREAS, the City Commission desires to establish the Marina Historic District Restricted Parking Zone, which is the area bounded to the north by East Atlantic Avenue, to the south by the north side of SE 3rd Street, to the east by the western edge of the Intracoastal Waterway, and to the west by the east side of the north-south alley east of SE 6th Avenue from SE 3rd Street to SE 1st Street to the south side of SE 1st Street between the north-south alley east of SE 6th Avenue and SE 7th Avenue and to the east side of SE 7th Avenue between SE 1st Street and East Atlantic Avenue; and, WHEREAS, the City Commission finds it to be a valid exercise of their police powers to restrict on-street parking in the Marina Historic District Restricted Parking Zone to residents of the City Marina and the Marina Historic District and their guests. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 71.031 of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby created to read as follows: 71.031 Parking in the Marina Historic District (A) The area of the Marina Historic District as described in the shaded area of the map below shall be a restricted parking zone as defined in Section 71.021 of this Chapter that is restricted for the purpose of residential parking. No person shall stop, stand or park in this restricted parking zone except pursuant to the terms of this section and Section 71.021 of this Chapter. 2 ORD.NO. 05- 15 s � � v *- z E Agar b:A4v NORTH a F 8 SE 1 at Sl L3 � .x mss. SE 2nd St r ti F G " SE 3�& r4 Figure ]:Marina Historic District Restricted Parking Zone (B) Permits: Residents of the City Marina and the Marina Historic District may purchase one Marina Historic District residential parking permit package, which is comprised of one annual resident parking permit and one temporary resident guest pass, in accordance with and subject to the administrative rules and regulations promulgated by the City. Permits shall be issued as follows: (1) Dwelling Unit residents: Dwelling unit residents may purchase one Marina Historic District residential parking permit package and one additional annual resident parking permit. A dwelling unit is defined as a permanent structure with independent 3 ORD.NO. 05- 15 sanitation, living, cooking and sleeping facilities for exclusive use of the resident. To obtain one Marina Historic District residential parking permit package and an additional annual resident parking permit, a resident of a dwelling unit in the Marina Historic District must present the following documentation: (a) A current government-issued driver's license with the resident's name, address, and photo, and, (b) A current vehicle registration card for the vehicle for which the annual permit is issued, and, (c) Proof that the person lives in the Marina Historic District, which may be provided in the following form: (i) A current utility bill (within the past 30 days), such as a water, land- line telephone, power or cable bill. The service address on the utility bill must match the address of the dwelling unit provided. A utility bill with a post office box service address will not be accepted. The name on the utility bill must be the same as the name on the driver's license, or, (ii) A copy of a valid lease for a dwelling unit, in which the name of the lessee is the same as the name on the driver's license. (2) Rental property owners: An owner of seasonal rental property in the Marina Historic District who provides a current Florida Sales Tax receipt for taxes paid on the rental property and a valid Landlord Permit may purchase one Marina Historic District residential parking permit package for each of the rental units established for the property. (3) City Marina boat residents: A City Marina boat resident is a person who is a named licensee on a License Agreement for Boat Dockage at the City Marina. A City Marina boat resident shall be entitled to one free annual resident parking permit upon presentation of a valid License Agreement for Boat Dockage and a current vehicle registration card for the vehicle for which the annual permit is issued. A City Marina boat resident may also purchase one additional Marina Historic District residential parking permit package upon a showing of a current vehicle registration card for a second vehicle. Alternatively, a City Marina boat resident may purchase one temporary boat resident,guest pass. (4) Short-Term Parking Permits: Except for City Marina boat residents, a holder of a Marina Historic District residential parking permit package may purchase a weekly residential parking permit for short-term visitors, which is valid for a maximum of 13 weeks. The guest's vehicle registration and driver's license must be presented at time of purchase. The short-term parking permit will clearly state the vehicle make, model, tag number, and the beginning and ending 4 ORD.NO. 05- 15 dates of the parking permit. The short-term parking permit must be hung from the rear view mirror, with the printed side facing outward so that it may be read from the front of the vehicle. (C) Fees: A Marina Historic District residential parking permit shall be issued to eligible residents of the Marina Historic District and the City Marina upon payment of the fees, plus tax, in accordance with the following fee schedule. No residence shall possess more than two annual resident parking permits and one temporary resident guest pass: Permit Fee (plus tax) Residential Parking Permit Package $60/year (One annual resident parking permit plus one temporary resident,guest pass) Second annual resident parking permit (Available to dwelling unit residents only $60/year Short-term parking permit $5/week up to 13 weeks City Marina temporary boat resident guest pass $30/year (Available to City Marina residents only (D) Penalty. Parking violations of this section will be subject to penalties as described in Section 71.999 "Penalty" of this Chapter. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 5 ORD.NO. 05- 15 Section 5. That this ordinance shall become effective 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. ATTEST: City Clerk MAYOR First Reading Second Reading 6 ORD.NO. 05- 15 3120/2015 Coversheet • MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manger DATE: January 30, 2015 SUBJECT: AGENDA ITEM l I.A. -REGULAR COMMISSION MEETING OF FEBRUARY 24. 2015 ORDINANCE NO. 05-15 (FIRST READING) BACKGROUND The Marina Historic District (MHD), (see attached for district boundaries), has requested a pilot program for resident only parking within the district. The City Marina is not located within the boundaries of the Marina Historic District. However, its proximity to parking within the district requires inclusion in the program. Staff has worked with the Marina residents and Marina dock tenants to address their concerns for the creation of this program. At the direction of the Mayor and City Manager, this program is set to begin on, April 1, 2015. Two on-street parking designations will be used within the MHD; "No Parking" and "Permit Parking Only." Also, any single family residential unit with a single or double car driveway will not be required to purchase a permit to park in their single family driveway regardless if it is on private property or within the public rights-of-way. It is noted, residents with driveways opting out of the program will be restricted from using "Permit Parking Only Areas." The cost of a resident Parking Permit package is $60 plus tax, and includes 1-permit to affix to the vehicle and 1-portable guest pass. Short term guest passes are available for $5.00 per week with a 13- week maximum. Resident parking permits will be available at the Utility Billing Department, located in the main lobby of City Hall, 100 NW 1St Avenue, beginning on or about Monday, March 23, 2015, to qualifying individuals providing documentation listed in the ordinance, summarized below. 1. A current government-issued driver's license or valid government-issued ID with the resident's name, address, and photo, and 2. A current Utility Bill for the property address within the district 3. Copy of a lease for a dwelling unit within the district 4. Rental Property owners must show a Sales Tax Receipt and Valid Landlord Permit to purchase parking permit packages equal to the number of rental units established for the property. http:tfitwebappl Agendatntranet/Bluesheet.aspx?ltemlD=8827&Meeting ID=545 112 3120/2015 Coversheet 5. Marina boat renters with a valid License Agreement for Boat Dockage at the City Marina receive 1-free pass to affix to the vehicle, in accordance with their agreement. Additional permit packages or a guest permit is available for $30 plus tax. Given the various challenges the neighborhood has experienced related to parking during weekends, events and high seasons and the limited number of available spaces staff supports the proposed ordinance. LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. DISCUSSION The item before the City Commission is the consideration of amending Title VII, "Traffic Code" by creating a new Section 71.031 titled Parking In The Marina Historic District. TIMING OF THE REQUEST The new First Reading/First Public Hearing of the subject item is to occur on February 24, 2015. If passed on first reading, the second reading will occur on March 3, 2015. RECOMMENDATION By motion, approve on first reading Ordinance No. 05-15, amending Title VII, "Traffic Code" by creating a new Section 71.031 titled "Parking in The Marina Historic District". http:t/itwebapp/Agenda I ntranet/Bluesheet.aspx?ltemlD=8827&Meeting ID=545 212 City of Delray Beach Marina District Residential Parking Program NOTE: Marina Historic District Restricted Parking Zone Residential Parking Program issued for Residents of the Historic Marina District area and Tenants of the City Marina may only be utilized in the area for which it is issued and does not guarantee that a parking space will be available. The boundaries of Marina Historic District Restricted Parking Zone are as follows; to the north by East Atlantic Avenue, to the south by the north side of SE 3rd Street, to the west by the east side of the north-south alley east of SE 6tn Avenue between SE 3tn Street and SE 1St Street, and the east side of SE 7th Avenue between SE 1St Street and East Atlantic Avenue, and to the east by the western edge of the Intracoastal Waterway. One of the following must be met to qualify for a parking permit in the Marina District Residential Parking Program: 1. Applicant must live within the boundaries of the Marina District Residential Parking Program area, pay real estate taxes or utilities for a residence in the area and meet conditions A and B below). A. A current government-issued driver's license with the resident's name, address, and photo. B. Proof the applicant currently resides within a dwelling unit in the Marina Historic District area providing one of the following: i. A current utility bill (within the past 30 days), such as water, land-line telephone, power or cable. The service address on the utility bill must match the address of the dwelling unit provided. Utility bills with a Post Office Box service address will not be accepted.The resident's name on the utility bill must match the name on the driver's license, OR ii. A copy of a valid lease for the dwelling unit in which the name of the lessee is the same as the name on the driver's license or ID presented, OR 2. Qualified seasonal rental property owners, in the Marina Historic District, providing a valid Florida Sales Tax Receipt for taxes paid on the rental property and valid Landlord 1 Permit may purchase any combination of passes with free Guest Passes up to the number of rental units established for the property. 3. City Marina boat residents shall be provided with one Permit per dock slip as part of their marina dock lease agreement. Any Permit issued as part of a Marina dock lease agreement shall not include a Guest Pass. City Marina boat residents may also purchase one additional permit at the annual fee set by the City. The purchase of this additional permit shall come with a Guest Pass at no extra charge. If a second permit is not needed, then a single Guest Pass may be purchased at a fee of$30.00/year. Terms and Fees 1. The Marina Historic District Restricted Parking Zone permits shall be issued to qualified applicants upon payment of the fees, plus tax, as follows: Permit Fee (plus tax) 1st $60.00/yea r 2nd Guest— no charge 3rd $60/year Short-term $5/week up to 13 weeks Guest Pass $30.00/year (Available to Marina Dock Lease holders only) 2. Short-Term Parking Permits are available at a cost of$5 per week, valid for a maximum of 13 weeks. Guest vehicle registration, for which the Short-Term Parking Permit is to be purchased, must be provided along with guest's driver's license. The Short-Term Parking Permit will clearly state the vehicle make, model tag# and beginning and ending dates of the Short-Term Parking Permit and must be hung from the rear view mirror, printed side facing outward so it may be read from the front of the vehicle. 3. Permits are available for purchase at the City's Utility Billing office, 100 NW 1St Ave., Delray Beach, Florida, 33444, Monday-Friday, 8:00 am to 5:00 pm. The City of Delray Beach is not responsible for loss or theft, of the Marina District Residential Parking Program permit. If a customer loses the Marina District Residential Parking Program permit, there will be no refunds. 4. The Marina Historic District Restricted Parking Zone permit is provided for individual resident use only and is not for resale, commercial, industrial or business operations. Residents, upon the sale or lease of their home must return Marina Historic District Restricted Parking Zone permit to the City's Utility Billing office.. The new owner or tenant must apply for new Marina Historic District Restricted Parking Zone permit. There will be no refunds for permits not purchased by the new owner or lessee. Permits are valid for one fiscal year, October 1St to September 30t". There is no prorating of permits purchased after October 1St 2 5. Properly identified, business name on side of vehicle, commercial vehicles may park in the Marina Historic District Restricted Parking Zone area. Private Service providers, (Maids, private home health care, tutors, etc.) should be provided the resident guest pass when parked in the Marina District Residential Parking Program area. 6. Parking decal must be displayed on the front windshield, lower left hand corner, (driver's side). Hangtags must be hung from the rear view mirror, printed side facing outward so it may be read from the front of the vehicle. 7. Replacement stickers are available in the case of permanent replacement of a properly registered vehicle to which a Marina Historic District Restricted Parking Zone permit has been issued. Please scrape the sticker from the vehicle and present it, in its entirety or pieces, to the Utility Billing office with the new vehicle information. In the case of a stolen vehicle, a police report must accompany any request for replacement sticker. 8. There are approximately 46 spaces available on a first-come first-served basis for the use of Marina Historic District Restricted Parking Zone.The permit does not guarantee space availability. Parking spaces may not be reserved and violations may result in the invalidation of your Residential Permit Parking. 9. The City has the full and absolute discretion to sell, renew, or not to sell or renew any Marina Historic District Restricted Parking Zone permit if in violation of the Marina Historic District Restricted Parking Zone as provided for in Ordinance No. 05-15. Abuse or misuse of the Marina Historic District Restricted Parking Zone may result in the confiscation of the permit and/or issuance of a citation and denial of future permits. City-issued permits shall not be copied, reproduced, or altered in any manner. City- issued permits shall not be resold or assigned for profit. The landlord purchasing for resale to tenants or guests shall not charge more than the face value of the permit as purchased from the City. 10. Permit fees due at the time of purchase. If a customer's check payment is returned by the issuing bank or credit union, the permit will be considered VOID and a $25 returned check fee will be assessed to the permit holder. Citations may be issued as though no permit was displayed. Enforcement (Days and Hours) The Marina District Residential Parking Program will be enforced 24 hours a day seven days a week. Parking citations will be issued, if warranted, without exception for any violation of these instructions and for any violation of City Parking Ordinances and local or state laws. PARKING CITATIONS WILL NOT BE DISMISSED.The City reserves the right to revoke issued permits or not to renew permits based on violation of these terms. The City reserves the right to pursue any and all legal remedies to any infractions of these instructions. 3 Application Form Applications are available at the Utility Billing Office and must be completed prior to the purchase of a Marina District Residential Parking Program permit. Contact Information Customers may purchase a Marina Historic District Restricted Parking Zone permit at: City of Delray Beach Utility Billing Office 100 NW 1St Ave Delray Beach, FL 33444 Monday-Friday, 8:00 am to 5:00 pm Phone: (561) 243-7100, press 0 E-mail: 4 Exhibit A Marina District Residential Parking Program M > ' D NORTH z z E Atlantic Ave r " a � C 1 I� J SE 1 st St c 0 1 S r L 24c�• � 1 r C 4 C L W h A SE 2nd St c Q L Mt, I U ui A, �- SE 3rd St N Mallory C4ir 5 MARINA DISTRICT NORTH 1 inch=50 feet n. i - ,z T ,z R 0O O b5 ss j1 O ss O so O z I O D 1 ' O ° yy I�v zot zw � � no tot O 3 • ttb O O tta O O C ss O O u O • to tte O m O I tzs U tw 1ss O O ut O O g tx O � to tm C tss O V aa3 tw tas O ztt zo= O zoo O zn O zzz O O zts z� z� zas zss z°6 O �L41 Legend z� VOTES z� • No O No Response O Yes r O Historic_Marina_District_Boundaries • PBC_PARCELS_Marina Parcels _'� ato aob Y • O�Z 61 a� cmn co I- >< w "' z E Atlantic Ave NORTH ca ca cD z Y f � ca a ca giwi c a d' i W _ �1n SE 1st St �- e �i.. Cu Cu LL + Cu ZI N � L ` Ln W SE 2nd St e LR it W p (0 W/� V/ SE 3rd St N Mallory Cir PROPOSED MARINA DISTRICT RESIDENTIAL PARKING PERMIT BOUNDARIES i MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Service Department THROUGH: Donald B. Cooper, City Manager DATE: March 6, 2015 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF MARCH 31,2015 ORDINANCE NO.08-15(SECOND READING) BACKGROUND The Beach Parking Permit program allows for the purchase of a permit to allow parking in any of the beach area parking lots without having to pay the parking meters. Currently the cost of the permit is $90 plus sales tax, totaling $95.40. In 2011, a Senior Permit was added to the program, allowing patrons 62 years of age and over to also park on Ocean Boulevard, (SR AlA), without paying meters, at a cost of $95.00 plus tax, totaling $100.70. The permits are currently valid from October 1St to September 30th of the following year with no prorating. As a result of public comments at a City Commission meeting, the Commission directed staff to bring forward a modification to the program allowing prorating of passes purchased after October 1 in a particular year. Considering the marginal cost of the permit and the challenges prorating can cause, staff is recommending one prorating at the '/2 year, effective April 1 st of each year, at which time passes would be half the price of the annual permit, ($45.00 plus tax, $47.70 for the regular permit and $47.50, plus tax, $50.35 for the senior permit. Beach Parking Permits are regulated through the City Code of Ordinances Title VII, Section 71.060(A) through (E). Attached: 1) Ordinance 08-15. DISCUSSION Consider approval of Ordinance No. 08-15 allowing the prorating of beach permits. TIMING OF THE REQUEST This request is of high importance in order to be effective for April 1 st of the current fiscal year, 2014/15. RECOMMENDATION By motion, approve on second reading Ordinance 08-15, allowing the prorating of Beach Parking Permits, charging half-price for permits purchased on or after April 1 st of each year. ORDINANCE NO. 08-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 71, "PARKING REGULATIONS"; AMENDING SECTION 71.060, "PARKING METER PERMITS", SUBSECTION (E); ALLOWING FOR PRORATING OF THE COST OF ANNUAL PARKING PERMITS AND SENIOR BEACH PERMITS AFTER APRIL 1 OF EACH YEAR; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to allow for prorating of the cost of annual "parking permits" and "senior beach permits," as those terms are used in the City's Code of Ordinances; and WHEREAS, the City Commission has determined that prorating the cost of such permits serves the general welfare of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Ordinance. Section 2. That Chapter 71, "Parking Regulations," Section 71.060, "Parking Meter Permits," Subsection (E), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 71.060. PARKING METER PERMITS. (A) A "parking permit" may be purchased from the City by all persons which shall authorize the parking of the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Anchor Park, Sandoway Park, Orange Grove Lot, Atlantic Dunes, and Ingraham Avenue parking lots without requiring the payment of money into the space's parking meter. (B) The cost of a parking permit shall be ninety dollars ($90.00) per year, plus applicable taxes. (C) A "senior beach permit" may be purchased from the City by all persons aged sixty-two (62) and over which shall authorize the parking of the vehicle in the parking areas designated for a "parking permit" and in addition shall authorize the parking of the vehicle in any parallel parking space on Ocean Boulevard (State Road A-1-A) without requiring the payment of money into the space's parking meter. (D) The cost of a senior beach permit shall be ninety-five dollars ($95.00) per year, plus applicable taxes. (E) Each permit shall cover the period from October 1 through September 30. Effective April 1s` each ,T�proration of the permit fee shall be one-half, (1/2) of the standard fee, ($45.00 for regular permit and $47.50 for Senior Permit, plus applicable taxes. The application procedure and the form of the permit shall be determined by the City administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle for which it was acquired to any other vehicle. However, if the parking permit sticker and other sufficient proof is submitted to the City, and when approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired by the permit holder subsequent to the issuance of the original parking permit. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are, hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 08-15 3/24/2015 Coversheet • MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Service Depratment THROUGH: Donald B. Cooper, City Manager DATE: February 10, 2015 SUBJECT: AGENDA ITEM l I.A. -REGULAR COMMISSION MEETING OF MARCH 3.2015 ORDINANCE NO. 08-15 (FIRST READING) BACKGROUND The Beach Parking Permit program allows for the purchase of a permit to allow parking in any of the beach area parking lots without having to pay the parking meters. Currently the cost of the permit is $90 plus sales tax, totaling $95.40. In 2011, a Senior Permit was added to the program, allowing patrons 62 years of age and over to also park on Ocean Boulevard, (SR AlA), without paying meters, at a cost of $95.00 plus tax, totaling $100.70. The permits are currently valid from October 1St to September 30th of the following year with no prorating. As a result of public comments at a City Commission meeting, the Commission directed staff to bring forward a modification to the program allowing prorating of passes purchased after October 1 in a particular year. Considering the marginal cost of the permit and the challenges prorating can cause, staff is recommending one prorating at the '/2 year, effective April 1St of each year, at which time passes would be half the price of the annual permit, ($45.00 plus tax, $47.70 for the regular permit and $47.50, plus tax, $50.35 for the senior permit. Beach Parking Permits are regulated through the City Code of Ordinances Title VII, Section 71.060(A) through (E). Ordinance 08-15 is attached for your review. LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. DISCUSSION http:l/itwebapp/Agenda I ntranet/Bluesheet.aspx?ltemlD=8852&Meeting ID=547 112 3/24/2015 Coversheet The City Commission is being asked to approve on first reading Ordinance No. 08-15 allowing the prorating of beach permits. Second reading and public hearing will be held March 31, 2015. TIMING OF THE REQUEST The Ordinance, if approved, would allow for prorating '/z the price of a permit effective April 1, 2015, and each April 1 st thereafter. RECOMMENDATION Approve on first reading Ordinance 08-15 allowing the prorating of Beach Parking Permits with second reading at the March 31, 2015 City Commission Meeting. http:t/itwebapp/Agenda I ntranet/Bluesheet.aspx?ltemlD=8852&Meeting ID=547 212 i MEMORANDUM W TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: March 13, 2015 SUBJECT: AGENDA ITEM 11.A.-REGULAR COMMISSION MEETING OF MARCH 31,2015 ORDINANCE NO. 10-15(FIRST READING) BACKGROUND On December 22, 2014, the City Commission approved the Collective Bargaining Agreement (CBA) between the City of Delray Beach and the Palm Beach County Police Benevolent Association, Inc. (PBA) for the Police Officers and Sergeants. The term of the CBA is for a three year period ending September 30, 2017. As a result of the new labor agreement, existing provisions of Chapter 33 "Pensions" of the City Code of Ordinances (Code) need to be amended to conform the Code to the terms of the CBA. Attached, are proposed amendments to the pension ordinance which have been prepared by the City Attorney and Jim Linn, the City's special pension counsel. The proposed revisions have also been reviewed by the Human Resources Division. Additional amendments will be required to be made to the City pension ordinances at a later time regarding the agreed upon changes to the composition of the pension board, withdrawal from participation in Chapter 185, and use of Chapter 185 premium tax money. These ordinance amendments are being deferred until the conclusion of negotiations with the police lieutenants and firefighters so that a comprehensive revision consistent with all state law requirements can be drafted. By way of background, the amendments in this Ordinance are intended to implement the agreed upon pension plan revisions described below: PBA Summary of Tentative Agreed Pension Provisions Member Grouping Criteria Provisions Group 11 active members with 20+ Tier 1 years of service and all retired No change in pension benefits and terminated members . Multiplier reduced from 3.5%to 3% for all future service, all retirement benefits determined using the final average compensation as of the retirement/termination date. . Starting benefit limited to $108,000 per year . Employees that reach 20 years of service will 11 Active members with at least retain the 3.5% multiplier for all years of Tier 2 10 but less than 20 years of service prior to the Plan change. service . Compensation includes 25 hours of overtime. . Participants remain eligible for DROP . COLA of not less than I%will continue to be applied annually. . Multiplier reduced from 3.5%to 3% for all future service, all retirement benefits determined using the final average compensation as of the retirement termination date. 11 current active members not • Compensation excludes any overtime earned Tier 3 vested at the time of Plan change after the Plan change . COLA of not less than I%will continue to be applied annually. . Participants remain eligible for DROP . Change average final compensation from 3 years to 5 out of last 10. . Starting benefit limited to $108,000 per year . All benefits accrue at 2.75% multiplier. . Benefit limited to 68.75% of final average compensation. . Normal Retirement changed to the later of age Tier 4 Members hired after the Plan 55 or 25 years of service change . Eliminated Early Retirement . Compensation excludes any overtime. . Change average final compensation from 3 years to 5 out of last 10. . Starting benefit limited to $108,000 per year RECOMMENDATION Approve on first reading Ordinance No. 10-15 amending Chapter 33 of the Code of Ordinances to conform the Code to the terms of the new Collective Bargaining Agreement. ORDINANCE NO. 10-15 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS" AT TITLE 3 "PENSIONS," BY AMENDING SECTION 33.60, DEFINITIONS; AMENDING SECTION 33.62, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 33.689, RETIREMENT BENEFIT ENHANCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach and Palm Beach County Police Benevolent Association recently ratified a collective bargaining agreement for October 1, 2014 through September 30, 2017; and WHEREAS, the collective bargaining agreement contains numerous changes to the pension benefits of police officers; and WHEREAS, to implement the pension changes, it is necessary to amend the Police and Firefighters Retirement System, codified in Sections 33.60 through 33.73 of the Delray Beach City Code. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Recital Adopted. That the above-stated recital is hereby adopted and confirmed. Section 2. Code Amended. That Section 33.60 "Definitions" of the City Code is hereby amended to read as follows: Sec. 33.60. -DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Average monthly earnings. (1) One thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average 1 for the highest consecutive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. (2) Notwithstanding paragraph (1) above, for police officer members hired after [DATE], average monthly earnings means one sixtieth of the arithmetical average for the highest five years of the last ten years preceding the actual retirement or termination of the member. (3) In addition to other applicable limitations set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation of each member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases, which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall mean base wages paid to a member, including state education compensation, police basic education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Effective [DATE], earnings for police officer members who are employed and have less than ten (10) years of continuous service on [DATE], shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation and up to twenty-five (25) hours per fiscal year of overtime compensation earned through [DATE], but excluding overtime compensation earned after [DATE], bonuses and any other payments. Earnings for police officer members hired after [DATE] shall mean basic wages paid to the member including state education compensation, police basic education, police career education compensation, but excluding overtime compensation, bonuses and any other payments. Police Officer Member. A police officer member is any employee classified as a full time sworn police officer or police officer in training who is included in the police officers and sergeants bargaining unit or not included in any bargaining unit on the effective date of this ordinance. A police officer member shall also include members of the police lieutenants bargaining unit upon ratification of a collective bargaining agreement containing the provisions of this ordinance. 2 Section 3. Code Amended. That Section 33.62 "Benefit amounts and eligibility" of the City Code is hereby amended to read as follows: Sec. 33.62. -BENEFIT AMOUNTS AND ELIGIBILITY. (A) Normal Retirement Date. This term shall have the following meanings: (1) For employees who are eligible to become members of the system as of its effective date, the normal retirement date shall be the date of their fifty-second birthday, regardless of the number of years of continuous service. (2) For employees who are members of the system and terminate employment prior to October 1, 1989, the normal retirement date shall be the first day of the month coincidental with or subsequent to their fifty-second birthday and the completion of twenty (20) years of continuous service. (3) For employees who are members of the system and elect to retire or terminate employment on or subsequent to October 1, 1989, the normal retirement date shall be the first day of the month coincident with or subsequent to completion of twenty (20) years of continuous service. (4) For employees who are members of the system and retire or terminate employment on or after December 31, 1999, the normal retirement date shall also be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service. (5) For police officer members hired after [DATE], the normal retirement date shall be the first day of the month coincident with or subsequent to age fifty-five (55) and the completion of ten (10) years of continuous service, or completion of twenty-five 25) years of continuous service, regardless of age. (B) Normal Retirement Benefit (1) Normal Retirement Benefit°for Firefighter Members. {4}(a) Duration, Survivor Benefits. A firefighter member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. {2}(b) Amount. Normal retirement benefits shall be in the amount of two and one- half(2'/2) percent of average monthly earnings for each year of continuous service for firefighter members epees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of 3 three (3) percent of average monthly earnings for each year of continuous service if a firefighter member an emplaye° has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five (75) percent of average monthly earnings. Provided, however, that in no event shall a firefighter member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, firefighter members as of the effective date shall receive at their normal retirement date (age fifty-two (52) regardless of years of service) the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. OXO Firefighter Members- Optional Enhanced Multiplier. {OLD Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but who is not participating in the deferred retirement option plan (DROP), may elect a normal retirement benefit in the amount of three and one-half(3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (4)k2L-Notwithstanding any provision of the System to the contrary, a firefighter member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half(87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (OLILNotwithstanding any provision of the System to the contrary, a firefighter member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half(3.5) percent of 4 average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half(87.5) percent of average monthly earnings. Firefighter members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A). Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Firefighter members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph(3). O)L4LThe election to receive the enhanced multiplier under this paragraph must be made in writing on a form provided by the City. Such election shall be irrevocable. If an eligible member does not elect an optional enhanced multiplier under this paragraph, or if an eligible member elects the enhanced multiplier for only a portion of his total continuous service, then the benefit provided in paragraph (2) shall be used to calculate the benefit for all continuous service to which the enhanced multiplier does not apply. If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with paragraph Lb (2), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (4) Upon becoming eligible for normal retirement, a firefighter member shall be one hundred (100)percent vested in his accrued benefit. (2) Normal Retirement Benefit for Police Officer Members. (a) Duration, Survivor Benefits. A police officer member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty (60) percent of that amount continued thereafter until the earlier of death or remarriage. (b) Amount. Normal retirement benefits shall be in the amount of two and one-half(2'/z) percent of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service. Normal retirement benefits shall be in the amount of three (3) percent of average monthly earnings for each year of continuous service if a police officer member has attained twenty (20) or more years of continuous service, subject to a maximum of seventy-five 75) percent of average monthly earnings. Provided, 5 however, that in no event shall a police officer member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. However, police officer members employed on [DATE] shall receive at their normal retirement date the greater of the benefit provided by the formula above or fifty (50) percent of average monthly earnings. (c) Police Office Members- Optional Enhanced Multiplier. (1) Notwithstanding any provision of subsection (B)(2)(b)to the contrary, a police officer member who is actively employ the City on March 15, 2004, but who is not participating in the deferred retirement option plan DROP), may elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for each year of continuous service if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half (87.5) percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), until [DATE], and shall receive the enhanced multiplier for all periods of continuous service. An election under this subparagraph must be on or before April 15, 2004. (2) Notwithstanding any provision of subsection (B)(2)(b)to the contrary, a police officer member who is actively employed by the City on March 15, 2004, but does not elect the enhanced multiplier in accordance with subparagraph (a), above, and who is not participating in the deferred retirement option plan (DROP), may thereafter elect a normal retirement benefit in the amount of three and one-half (3.5) percent of average monthly earnings for all future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty- seven and one-half(87.5)percent of average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), until [DATE]. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. (3) Notwithstanding any provision of subsection (B)(2)(b)to the contrary, a police officer member who is hired after March 15, 2004 and before April 9, 2013, and who is not participating in the deferred retirement option plan (DROP) may elect a normal retirement benefit in the amount of three and one-half(3.5) percent of average monthly earnings for future continuous service after making such election if the member attains twenty (20) or more years of continuous service, subject to a maximum of eighty-seven and one-half(87.5)percent of 6 average monthly earnings. Police officer members electing this enhanced multiplier shall thereafter contribute three (3) percent of earnings to the Trust Fund in addition to the member contribution specified in Section 33.64(A), through [DATE]. Such member may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Police officer members hired on or after April 9, 2013 shall not be eligible for the optional enhanced multiplier provided in this paragraph (3). (4) If an eligible member elects the enhanced multiplier and attains more than ten (10) but less than twenty (20) years of continuous service, the member's benefit shall be determined in accordance with subsection (B)(2)(b), and the member shall receive a refund of all additional contributions and amounts paid for the enhanced multiplier, without interest. In no event shall a member's total benefit be less than two (2) percent of average monthly earnings for each year of continuous service. (d) Normal Retirement Benefit for Police Officer Members EfLective [DATE] (1) Notwithstanding any other provision of this section 33.62, the normal retirement benefit for police officer members employed on [DATE], and police officer members hired after [DATE] shall be determined in accordance with this subparagraph (d). (2) The normal retirement benefit for police officer members with twenty (20) or more years of continuous service on [DATE] shall be determined in accordance with paragraphs (b) and (c) above. (3) The normal retirement benefit for police officer members who are employed and have less than twenty (20) years of continuous service on [DATE] shall be shall be determined in accordance with paragraphs(b) and c) above for continuous service through [DATE], and three (3) percent of average monthly earnings for continuous service after [DATE], subject to a maximum annual starting benefit of$108,000. (4) The normal retirement benefit for police officer members hired after [DATE] shall be two and three-fourths (2.75) percent of average monthly earnings for each year of continuous service, subject to a maximum annual starting benefit of$108,000 and further subject to a maximum benefit of sixty-eight and three- fourths 68.75) percent of average monthly earnings. (e) Upon becoming eligible for normal retirement, a police officer member shall be one hundred (100)percent vested in his accrued benefit. (C) Early Retirement Date. On or after December 31, 1999, a police officer member hired on or before [DATE], or a firefighter member may retire on or after the early retirement date, which 7 shall be the first day of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of continuous service. Early retirement is retirement from active employment with the City on or after the early retirement date and prior to the normal retirement date. A police officer member hired after [DATE] shall not be eligible for early retirement. (D) Early Retirement Benefit. The amount of the early retirement benefit shall be determined in the same manner as the normal retirement benefit, except that continuous service and average final compensation shall be determined as of the early retirement date. The benefit payable shall be reduced by three (3) percent for each year by which the commencement of benefits precedes the normal retirement date. The early retirement benefit provided in this subsection (D) shall have no application to the early retirement incentive provided in Section 33.687. Section 4. Code Amended. That Section 33.64 "Contributions" of the City Code is hereby amended to read as follows: Sec. 33.64. - CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (3) Effective the first pay period starting after October 4, 2011, members of the retirement system employed as police officers shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. 8 (4) Notwithstanding any other provision of this section 34.64, members of the retirement system hired on or after April 9, 2013 shall make regular contributions to the Trust Fund at a rate equal to nine (9)percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (5) Notwithstanding any other provision of this section 34.64, police officer members employed on [DATE] shall make regular contributions to the Trust Fund at a rate equal to nine 9) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has earned the maximum normal retirement benefit payable under the System. The City shall pick up the member contribution required by subsections (A)(1), (A)(2), (A)(3) and (A)(4) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System. Section 5. Code Amended. That Section 33.689 "Retirement Benefit Enhancement" of the City Code is hereby amended to read as follows: Sec. 33.689. -RETIREMENT BENEFIT ENHANCEMENT. (A) Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police Officer or Firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to chapters 175 and 185, Florida Statutes. A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. 9 (B) Firefighter retirees. To the extent total annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00), the annual one percent minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. (C) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred seven dollars ($446,407.00), the annual one percent minimum adjustment for police officer retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) shall be used to provide for the inclusion of overtime compensation, up to a maximum of three hundred hours per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely with annual Chapter 185 premium tax revenues in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00). When the actuary for the plan determines that adequate premium tax revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred seven dollars ($446,407.00) annually have been allocated to fully fund on an actuarially sound basis the inclusion of three hundred hours of overtime compensation annually in the earnings of active police officers who are not participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees. (D) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. (E) Notwithstanding any other provision of this section 33.689, effective [DATE] no further benefit enhancement or benefit adjustment shall be paid to police officer retirees, other than the one percent per year benefit increase provided in subsection (A) above. 10 Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that this Ordinance shall become and be made a part of the City of Delray Beach City Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Effective Date. That this Ordinance shall be 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. Attest: MAYOR City Clerk First Reading Second Reading 11